Thank you for your interest in our Angelika Anywhere streaming services (as described in greater detail below, our “Angelika Services”). We look forward to having you as a customer.
Our Angelika Services include internet access to a wide variety of entertainment and other protected intellectual property, much of which is owned by others, and subject to various access and use restrictions. Accordingly, we have adopted a variety of rules, terms and conditions governing access to and the use of our Angelika Services, among other things, to protect that intellectual property (both ours and that of others) from inappropriate use and to be able to provide our Angelika Services to you on an economical basis. These rules, terms and conditions are set forth below, may be changed from time to time and, as so changed, are referred to by us as the “Service Terms” and upon your use of our Angelika Services, as our “Agreement.” These Service Terms were last updated on: September 15, 2020. We hope that you will enjoy using our Angelika Services. Please understand that, by using our Angelika Services, you will be agreeing to abide by these Service Terms. So, before you start using our Angelika Services, please take time to read them carefully and make sure you understand them and agree with them. SPECIAL NOTICE REGARING ARBITRATION PROVISIONS: Your use of our Angelika Services is subject to binding individual arbitration of any disputes which may arise, as provided below. Please read the arbitration provisions carefully and do not use our Angelika Services if you are unwilling to arbitrate any disputes you might have with us. SPECIAL NOTICE REGARDING LIMITATIONS ON OUR WARRANTIES AND LIABILTIY: Our warranties and liability to you, should you elect to use our Angelika Services, are subject to certain limitations, as provided below. Please read these provisions carefully, and do not use our Angelika Services if you are unwilling to accept these limitations on our warranties and liability. SPECIAL NOTICE REGARDING LIMITATION ON USAGE: Except as expressly provided in these Service Terms, any form of assignment, transfer or license, and any access, distribution, reproduction, copying, storage, retransmission, publication, exhibition, sale, or other exploitation (commercial or otherwise) of all or any portion of our Angelika Services, including but not limited to all content, services, digital products, tools or products, is strictly prohibited. SPECIAL NOTICE RE CERTAIN LEGAL LIMITATIONS: We provide our Angelika Services to a variety of Persons in a variety of jurisdictions. Applicable Laws may vary from jurisdiction to jurisdiction or Person to Person. These Service Terms are naturally subject and subordinate to such applicable Laws. It is our intention that these Service Terms comply with applicable Law and, accordingly, these Terms and Conditions and are not to be interpreted as extending beyond what is allowed by such Laws or as requiring any act not permitted by such Laws. In understanding these Service Terms, you should familiarize yourself with the applicable Laws of any jurisdiction in which you are located and/or make use of our Angelika Services.
- CERTAIN DEFINITIONS
Angelika Account means your account with us, as further described below, so long as such account is in full force and effect and has not lapsed or been terminated or suspended.
Angelika Parties means, (a) Angelika Anywhere, LLC, (b) its Affiliates, and © all providers and licensors of our Angelika Content and, in the case of each of (a), (b) and ©, their respective officers, directors, managers, employees, equity holders, contractors and agents.
Affiliate of a Person means any Person who controls, is controlled by or is under common control with such other Person.
Intellectual Property Right means any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.
Law means, to the extent applicable to you, us or this Agreement, (i) any statute, rule, regulation ordinance, decree or executive or administrative order adopted or issued by any governmental body or any governmental or quasi-governmental agency, and (ii) any judgement, determination, order or decree issued by any court, grand jury, or governmental or quasi-governmental agency, tribunal or commission.
Our Angelika Content means all content posted on or available from time to time through our Angelika Services, regardless of whether such content is owned by us or by any one or more third parties. “Content” includes, without limitation, full length feature films, short subjects, animations, documentaries, interviews, opinion pieces, lessons and lectures, recorded performances or other events, and games and other interactive entertainment.
Our Angelika Services means (i) your access to and use of our Angelika Site to Stream, Download or otherwise experience Angelika Content in accordance with and subject to our Service Terms and (ii) such ancillary benefits, options and opportunities (if any) as may be provided to you by us from time to time as the holder of an Angelika Account and as memorialized in a written communication from us to you. When we make reference to our Angelika Services, we mean the entire bundle of rights which we have granted to you from time to time, to the extent they have not lapsed, or been terminated or suspended. By way of clarification, when we refer to your use of our Angelika Services we include your access to and use of our Angelika Site, and your downloading and use of our Angelika Content.
Person means any individual or entity, including, without limitation, any corporation, company, limited liability company, joint stock company, partnership, limited partnership, joint venture, association, trust, estate or agency (including governmental, quasi-governmental, and private agencies).
Transfer means any sale, assignment, transfer, license, sublicense, distribution or other granting or permitting of access to or use of our Angelika Services, including, without limitation, any transmission, rebroadcast, redistribution, performance, publication, or other exploitation of our Angelika Services.
User Account means the personal account you set up with us in order to access and use our Angelika Services.
User Materials means photos and other images, commentaries, reviews, audio and video, feedback (including any suggestions, comments or other feedback you may provide to us), posts, public or private messages or other content from you or purportedly from you.
We, us, our and terms of similar import refer to Angelika Anywhere, LLC, and its various Affiliates.
You and your means any Person who accesses or otherwise make use of our Angelika Service
- ACCEPTANCE OF TERMS
These Service Terms set forth our rules, terms and conditions that apply to your use of our Angelika Services. By using our Angelika Services, you agree that you have read, understand and agree to be legally bound by these Service Terms.
If you do not agree to these Service Terms, please do not use our Angelika Services.
We may change these Service Terms from time to time on a prospective basis, and modify, add or discontinue any aspect, content or feature of (or all of) our Angelika Services, at our sole discretion, by posting such change or modification to our Angelika Site. You may, of course, terminate your use of our Angelika Services at any time, without penalty and without any notice to us, simply be ceasing to use our Angelika Services, if you do not agree with such changes or modifications. However, your continued use of our Angelika Services following the posting of any changes to or modifications of our Service Terms will naturally constitute your acceptance of such changes.
- PERMITTED USE
Our Angelika Services are for your personal and non-commercial use only. They include access to material that is derived, in whole or in part, from material supplied to or owned by us. These materials include, without limitation, all content, site design, logos, button icons, images, digital downloads, data compilations, text, and graphics used in our Angelika Services. Such materials are protected by copyright, trademark and other applicable laws. Accordingly, you agree that you will not use our Angelika Services, or duplicate, download, store, use or Transfer any of our Angelika Content except to electronically download copies of our Angelika Content and to print any hard copy portions of our Angelika Services for your personal non-commercial use in compliance with the Service Terms, and that, regardless of your purpose, you will not modify, edit or make derivative works using or based upon any of our Angelika Content. You understand that you may not charge any admission, viewing or other fees for access to or for viewing, listening to or otherwise using any of our Angelika Services. You also agree that you will not link to any page on our Angelika Site other than the home page or logon page (for example, “deep linking”). You understand that use of Our Angelika Services for any commercial or other purpose not specifically and expressly permitted by these Service Terms is strictly prohibited. You acknowledge that unlawfully downloading, storing, modifying, editing or Transferring of our Angelika Content, in whole or in part, could expose you to criminal and/or civil liability. You agree that you shall not make a derivative use of our Angelika Services (including, without limitation, the making of derivative works of or based on our Angelika Content) in whole or in part for any purpose, nor shall you download, store, copy or Transfer information of other users, or otherwise engage in data mining or similar data gathering with regard to our Angelika Services.
You understand and agree that the rights granted to you to access and use our Angelika Services do not include any right to use our ANGELIKA tradename and trademark, or any other tradename or trademark used in connection with our Angelika Services or appearing on our Angelika Site. Our service marks/trademarks may not be used in connection with any product or service that is not provided or authorized by us in writing, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us or our Angelika Services. Notwithstanding the fact that your rights to use our Angelika Services are not Transferable, to the extent that you purport to Transfer any rights with respect to the access or use of our Angelika Services or allow the use of your User Account or your password by any Person other than yourself, such Person shall be deemed to be subject to and be responsible for compliance with and subject to the limitations set forth in these Service Terms.
REGISTRATION: YOUR USER ACCOUNT AND PASSWORDS
In order to access and use our Angelika Services, you will need to establish a personal account (your “User Account”) with us. You understand that we will be relying on the information you provide us in setting up your User Account and agree to provide true, accurate and complete data about yourself on our account registration form, and to update and keep such data current. You will receive a password and User Account upon completing the registration form. You understand that access and use of password protected elements of our Angelika Services are restricted to Persons who have been provided such a password and agree that you are solely responsible for maintaining the confidentiality of your password and User Account information for all use of your password or User Account, whether authorized by you or not, and for any charges that may be billed to your User Account. You understand that your password and User Account may not be Transferred and agree that you shall not allow any other Person to access or to use your password or your User Account. You agree not to post your username or password on any website or transmit it through unsecured sites. You further agree to (a) immediately notify us of any unauthorized use of your password or your User Account or any other breach of security of which you become aware and (b) ensure that you properly exit from your User Account each time you finish use of our Angelika Services. You understand that we may terminate your User Account and access to our Angelika Services, if you have provided us with false, incorrect, incomplete or misleading registration data or allow others to use your password or your User Account. If we believe your username and/or password are insecure or otherwise problematic, we may (but shall be under no obligation to) ask you to change your username and/or password or terminate your User Account.
- USER CONDUCT AND SUBMISSIONS
You are responsible for your use of our Angelika Services, and for any consequences thereof, including any information or materials you choose to make available, public or private communications transmitted through our Angelika Services (including posts), usernames and passwords that you provide to us, including those usernames and passwords provided by you for access to various Third-Party Products. You understand that it is a condition of your use of our Angelika Services that you do not, and you hereby agree that you shall not: Interfere with any other Person’s use or enjoyment of our Angelika Services; Collect information about any other Person through our Angelika Services or use any such information for the purpose of transmitting or facilitating transmission of advertising, junk or bulk e-mail, chain letters, or any other form of solicitation or for any other purpose not explicitly and specifically set forth in these Terms of Service; Engage in the systematic retrieval of data or other content from or through our Angelika Services to create or compile, directly or indirectly, a collection, compilation, database or directory; Solicit other users to join, become members of, or contribute money to any online service or other organization, advocate or attempt to get users to join in illegal schemes or plan or participate in scams involving other users; Attempt to gain unauthorized access to other computer systems or networks connected to our Angelika Services; Take actions for the purpose of manipulating or distorting, or that may undermine the integrity and accuracy of, any ratings or reviews of our Angelika Services or any service or product that may be presented from time to time by or through our Angelika Services; Provide fictitious information or conceal your identity or location, including, but not limited to, in an attempt to circumvent limits associated with promotional or other offers; or Use any robot, spider, other automatic device, or manual process to monitor or copy our Angelika Site or the content contained therein. You understand that it is a further condition of your use of our Angelika Services that you do not, and you hereby agree that you shall not use our Angelika Services: in violation of Law or otherwise for any illegal or unlawful purpose; or to commit or facilitate the commission by others of an act of deception, fraud or abuse.
- GRANT OF LIMITED LICENSE RE USE OF USER MATERIALS
We may use User Materials in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing other Persons to do the same in connection with their own websites and media platforms (“Other Media”). You hereby irrevocably grant to us and our licensees a world-wide, perpetual, non-exclusive, royalty-free, assignable, sub-licensable, transferable right to use (including, but not limited to the right to copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of or based upon) your User Materials for any purpose. Please note that you also irrevocably grant the users of our Angelika Services and any Other Media the right to access your User Materials in connection with their use of our Angelika Services and any Other Media. Finally, you irrevocably waive against us and our users any claims and assertions of moral rights or attribution with respect to your User Materials. You represent and warrant that you own your User Materials or otherwise have sufficient rights in the content to grant the foregoing license and to provide the above waiver without infringing or violating the rights of any other Person. You acknowledge that we are under no obligation to pay you or anyone else for any use or disclosure of User Materials. You hereby warrant and agree that: (a) your User Materials will not be subject to any obligation of confidentiality to you or any other Person; (b) your posting of your User Materials on our Angelika Site or through our Angelika Services does not violate the Intellectual Property Rights of any other Person; © your posting is in accordance with these Service Terms and (d) we shall not be liable for any use or disclosure of your User Materials. We reserve the right (but do not assume the obligation) in our sole discretion to reject, move, edit or remove any User Materials. You acknowledge that we do not have any obligation to verify, adopt, ratify, or sanction your User Materials, and you agree that you must evaluate and bear all risks associated with our use of your User Materials or our or any other Person’s reliance on the accuracy, completeness, or usefulness of your User Materials.
We respect the intellectual property of others, and we ask you to do the same. The Digital Millennium Copyright Act of 1998 (the “Act”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. You should review the Act if you believe that your rights have been infringed. We reserve the right, but not the obligation, to terminate your license to use our Angelika Services if we determines in our sole and absolute discretion that you are involved in infringing activity regardless of whether the material or activity is ultimately determined to be infringing.
DISCLAIMER OF WARRANTIES, EXCLUSION OF DAMAGES AND LIMITATIONS ON LIABILITY
WHILE WE ENDEAVOR TO USE WHAT WE BELIEVE TO BE REASONABLE EFFORTS TO INCLUDE UP TO DATE INFORMATION ON OUR ANGELIKA SITE AND IN OUR ANGELIKA SERVICES, WE MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY, TIMELINESS, RELIABILITY, COMPLETENESS, USEFULLNES, OR SUITABILITY FOR YOUR OR ANY OTHER PERSON’S PURPOSES OR OTHERWISE WITH RESPECT TO ANY SUCH INFORMATION . YOUR AGREE THAT WE ARE PROVIDING OUR ANGELIKA SITE AND OUR ANGELIKA SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU UNDERSTAND THAT WE AND THE OTHER ANGELIKA PARTIES DISCLAIM ALL WARRANTIES AND CONDITIONS, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANY OTHER ANGELIKA PARTY WARRANTS THAT OUR ANGELIKA SITE, OUR ANGELIKA SERVICES AND/OR OUR ANGELIKA CONTENT WILL (1) BE UNINTERRUPTED; (2) BE FREE FROM INACCURACIES, ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; (3) MEET YOUR REQUIREMENTS; OR (4) OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE, AND AGREE THAT YOUR USE OF THE OUR ANGELIKA SITE, OUR ANGELIKA SERVICES AND OUR ANGELIKA CONTENT IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT NEITHER WE NOR ANY OTHER ANGELIKA PARTY WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER THAT RESULT FROM YOUR USE OF OR INABILITY TO USE OUR ANGELIKA SITE, OUR ANGELIKA SERVICES OR OUR ANGELIKA CONTENT, AND HEREBY WAIVE THE BENEFIT OF ALL SUCH REMEDIES. YOU FURTHER AGEE THAT THIS LIMITATION AND WAIVER APPLIES WITHOUT LIMITATION (A) WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTORY LIABILTIY, INDEMNITY, EQUITABLE CONTRIBUTION OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND EVEN IF WE OR ANY OTHER ANGELIKA PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND (B) TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU ACKNOWLEDGE AND AGREE THAT NEITHER WE NOR ANY OTHER ANGELIKA PARTY SHALL BE LIABLE FOR ANY DEFAMATORY, LIBELOUS, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF OR CONTRIBUTOR TO OUR ANGELIKA SITE OR OUR ANGELIKA SERVICES AND THAT, WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANY OTHER ANGELIKA PARTY WILL BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF (1) YOUR FAILURE TO COMPLY WITH PARAGRAPH 5 (REGISTRATION, ACCOUNTS AND PASSWORDS) OR (2) CONTENT POSTED TO OUR ANGELIKA SITE OR OUR ANGELIKA SERVICE BY YOU OR ANY OTHER PERSON.
FURTHERMORE, IN ADDITION TO AND NOT IN LIMITATION OF THE ABOVE, IN NO EVENT SHALL OUR, OR ANY OTHER ANGELIKA PARTIES’, AGGREGATE LIABILITY TO YOU IN CONNECTION WITH OUR ANGELIKA SITE, OUR ANGELIKA SERVICES, OUR ANGELIKA CONTENT OR THE AGEEEMENT MANIFESTED BY THE SERVICE TERMS EXCEED THE AMOUNT (IF ANY) PAID BY YOU TO US IN THE THREE MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE LIABILITY. NOTWITHSTANDING THE ABOVE, YOU SHOULD UNDERSTAND THAT SOME JURISDICTIONS MAY LIMIT OR NOT ALLOW CERTAIN DISCLAIMERS OF WARRANTIES, EXCLUSION OF DAMAGES, OR LIMITATIONS ON LIABILTIY, IN WHICH CASE OUR DISCLAIMERS, EXCLUSIONS AND LIMITIATIONS ON LIABILITY IN SUCH JURISDICTIONS SHALL BE INTERPRETED AS APPLYING AND WRITTEN DOWN APPLY ONLY TO THE EXTENT SUCH DISCLAIMERS, EXCLUSIONS AND LIMITATIONS ARE PERMITTED BY THE LAW OF SUCH JURISDICTION.
You agree to indemnify and hold harmless and, to the extent we may elect in writing, defend us and the other Angelika Parties, from and against any damage, loss, liability, claim, cost or expense (including without limitation, reasonable legal fees and costs of investigation and defense) incurred in connection with any claim, demand, proceeding or action (“Claim”) brought against us or any of the other Angelika Parties arising out of your use of our Angelika Site, our Angelika Services, our Angelika Content or any breach or alleged breach by you of any provision of these Service Terms, or the infringement by you, or any other user of your account or password, of any Intellectual Property Rights or other right of any Person. If you are obligated to indemnify us or any of the other Angelika Parties, we may, in our sole and absolute discretion, control the defense and disposition (including its possible settlement) of any such Claim at your sole cost and expense. Without limitation of the foregoing, you agree that you will not settle, compromise or in any other manner dispose of any Claim without our written consent. This obligation of indemnification and defense will survive any termination of this Agreement.
Termination by you for any reason. You may terminate your account for any reason by emailing Angelika at unsubscribe@AngelikaAnywhere.com. Angelika shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension of our Angelika Services. Termination, suspension, or cancellation of our Angelika Services or your access rights shall not affect any right or relief to which Angelika may be entitled, at law or in equity, and all rights granted to you will automatically terminate and immediately revert to Angelika.
Termination by us for Cause: In our sole and absolute discretion, with or without notice to you, and in addition to all other rights and remedies granted to us in this Agreement or otherwise available to us at law or in equity, we may (a) suspend or terminate your use of and access to our Angelika Site, and/or our Angelika Services and your User Account and/or (b) remove and discard anything transmitted by you, or information stored, sent, or received via our Angelika Services, for cause, including, but not limited to: (i) concurrent access of our Angelika Services with identical user identification, (ii) permitting another person or entity to use your user identification to access our Angelika Services, (iii) any unauthorized access or use of our Angelika Services, (iv) any violation of these Terms, (v) tampering with or alteration of any of the software and/or data files contained in, or accessed through, our Angelika Services, (vi) failure to use our Angelika Services on a regular basis, or (vii) abuse, deception or fraudulent behavior. Such suspension or termination may include, but not be limited to, suspension or termination of access or rights to receive any content.
Termination by us for Convenience. In our sole and absolute discretion, with or without notice to you, we may for any reason or for no reason whatsoever (i) suspend or terminate your use of and access to our Angelika Site, and/or our Angelika Services and your User Account and/or (ii) remove and discard anything transmitted by you, or information stored, sent, or received via our Angelika Services, in which case our only liability to you will be to return any unearned portion of any subscription or other fee you may have paid to us (if any).
Effect of termination. Any provision of these Service Terms which would reasonably be expected to survive any termination of this Agreement (including, without limitation the provisions of paragraphs 12 and 13 above) shall survive any termination of this Agreement
NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California users of our Angelika Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.