Last Update: September 1, 2012

 

Enlyt Media (“Enlyt”) provides an online subscription services providing its subscribers with access to international, locally produced and originated, television, movies and other audio visual entertainment content (the “Content”) which is currently made available through the Site operated by Enlyt Media LLC, an Idaho corporation. The Content is made available through the Service provided to you by Enlyt Media and is made available to you conditioned on your acceptance without modification of the terms, conditions and notices contained in these Terms of Use. Using the Site, accessing the Service, posting comments or reviews all constitutes your agreement to all such terms, conditions, and notices set forth in these Terms of Use. If you do not agree to be bound by these Terms of Use you may not use the Site, or Services.

 

These Terms of Use, which include our Privacy Policy governs your use of and access to the Service accessible through www.enlymedia.com/privacy including all features, functionalities, streaming, user interface data, and software, icons, images, marks and logos (collectively the “Service”). If the Service is made available through mobile and wireless devices, these versions of the Service will be governed by the Terms of Use presented to you when access the Service through such devices. The Service accessed through third party websites shall be governed by the terms presented to the User when accessing the Service through such third party website.

 

LICENSE

In consideration of your acceptance of these Terms of Use, Enlyt grants to you a limited personal, non-exclusive and non-transferable revocable right and license to access the Site, the Service and Content, (collectively the “Services”). The Site, Service and Content are the exclusive property of Enlyt and its licensors and are protected by copyright and trade secret laws. Content may not be reproduced or used without express written permission of Enlyt or its licensors.

 

The license to the Services is for the sole purpose of User’s own personal, non-commercial and private enjoyment (the “Purpose”). You acknowledge and agree that the Site, Service, Content are to be used solely in strict compliance with the Purpose and as expressly authorized in this License and that any unauthorized use, distribution or exploitation may cause harm to us and/or our licensors and/or other right holders and you shall in this case be solely responsible for any such unauthorized use of the Site, Service and Content. Please see the instructions within these Terms of Use for notifying us of any alleged infringing content within the Site, Services or otherwise provided through Enlyt.

 

For purposes of access to the Services and Site, this License shall be effective upon User’s use of the Services and shall continue in effect until termination of the License by us. We may, at any time, terminate the License and your access to all or part of the Services without any advance notice. We may also change or discontinue at our discretion any or all of Content, Site and Services at any time, or modify these Terms of Use (including the License) at any time.

 

Unless otherwise specified in writing, the Site, Services and Content are for your personal and non-commercial use only. You may not use the Site, Services and Content for any purpose that is unlawful or prohibited by these Terms of Use. You may not modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, reverse engineer, reverse assemble, transfer, or sell any Content, information, software, products or Services obtained from the Site or any of the Services. In addition, you shall not manipulate or otherwise display the Site, Services, or the Content by using framing or similar navigational technology, nor shall you access the Site or Services by any means other than through the standard industry-accepted or ENLYT provided interfaces. The User accepts that it has not acquired any other right, of any nature whatsoever, other than that granted pursuant to the terms of this license. The burden of determining that use of any Content, information or materials obtained from the Site and Services is permissible rests solely with you

 

USER SUBMISSIONS

By uploading, inputting, providing or submitting User content, reviews, comments or engaging in any communication with the Site (“Submissions”) through any means, you hereby grant Enlyt and our designees a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Submissions in any media now known or hereafter devised, for any purpose whatsoever, commercial or otherwise, without compensation to you, the provider of the Submissions; and to publish your name in connection with your Submission. The foregoing license to Enlyt shall be fully paid-up and royalty free. In addition, under no circumstances shall Enlyt have any obligation whatsoever to pay a fee to any subscriber or user in connection with the Submissions upon the occurrence of a transfer of all or any portion of ENLYT's business through a merger, sale or transfer of all or substantially all of the assets of ENLYT, nor shall the sale of advertising on the Site give rise to any obligation to pay a fee to users.

 

None of the Submissions disclosed or posted via the Site, and Services shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on Enlyt’s part and Enlyt is not liable for any use or disclosure of any such Submissions.

 

By posting, uploading, inputting, providing or submitting Submissions you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to grant the rights set forth herein to Enlyt to provide, post, upload, input or submit the Submissions to the Site and through the Services.

 

Enlyt is under no obligation to post or use any Submission you may provide and Enlyt may edit, refuse to post, and remove any Submission at any time in its sole discretion.

 

SITE AND SERVICE CONTENT, FACTS AND OPINIONS

Enlyt reserves the sole and absolute discretion to make available the Content and Submissions in any manner Enlyt chooses in its sole discretion. Any opinions, advice, statements, services, offers or other information contained within the Content, or provided through Submissions by a User, are those of the authors and not Enlyt. Any Content contained therein is provided for general information and entertainment purposes only. Content may not be reviewed or moderated by the Services and Site and reflect the views and opinions of the authors and posters and do not necessarily reflect the opinions of ENLYT or any of its subsidiaries or affiliates. ENLYT expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice; information or statement made or displayed in the Site or Services, nor is ENLYT responsible for any errors or omissions in postings, or for hyperlinks embedded in any postings or messages.

 

DATA, PRIVACY STATEMENT AND THE RIGHT TO DISCLOSE 

Personal Information submitted through the Site and Services is subject to the Enlyt Privacy Policy the terms of which are incorporated herein.

 

Please review our Privacy Policy to understand our practices. Please note that by using the Enlyt Services you consent to receiving electronic communications from Enlyt. These communications are part of the Services and may include notices about your account or method of payment, confirmation emails and other transactional information, as well as information concerning the Services. You agree that when these communications are sent electronically, such electronic communications will satisfy any requirement that such communications be in writing. Enlyt reserves the right to disclose any information it deems necessary to satisfy any applicable law, rule, regulation, governmental request or legal process.

 

MODIFICATION OF THESE TERMS OF USE

Enlyt reserves the right to modify these Terms of Use, including the Privacy Policy, in our sole discretion at any time. Material modifications shall be effective immediately upon notice; such notice may be accomplished by posting the modified Terms of Use on the Site or via email. Your use of the Site or nay Services after notice of such modifications following such notice constitutes your acceptance of such modifications and your agreement to be bound by them. You are responsible for regularly reviewing these Terms of Service and additional terms posted on the Site. The most current Terms of Use shall supersede all previous versions. We will endeavor to post prior version(s) on our website when the Terms of Use are updated.

 

REGISTRATION/PASSWORDS

 The Services are offered on a subscription basis. In the event you wish to subscribe to any of the Services, you will be asked by Enlyt or an authorized third party to supply certain information, including without limitation, your full name, address, telephone number and credit card information. You agree to provide Enlyt or such third party with the foregoing information as well as any other mandatory information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you may enter into governing your purchase of the product or service.

 

To access the Services you will be asked to complete the registration process prompted by the applicable registration form. You may then be required to choose a password and user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Enlyt immediately of any unauthorized use of your account or any other breach of security. Enlyt will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Enlyt or another party due to someone else using your account or password. By sharing the Service Password, the account owner agrees to be responsible for assuring that household members comply with these Terms of Use and such account owner shall be responsible for the actions of the household members.

 

Enlyt may change the fees and charges in effect, or add new fees and charges from time to time but will give you advance notice of these changes by email. Enlyt may provide you with credits in its sole and absolute discretion, however the provision of credits in one instance does not obligate Enlyt to offer credits in any other instance and further does not obligate Enlyt to provide notice of same.

 

TERMINATION /ACCESS RESTRICTION/NO OBLIGATION TO POST

Enlyt reserves the right, in its sole discretion, to terminate your access to the Site, Content and Services and the related services or any portion thereof at any time, without notice. Enlyt may also terminate or suspend your access to the Site or the Service(s) for inactivity, which is defined as failing to log into a particular Service or Service for an extended period of time, as determined by Enlyt. Enlyt has no obligation to monitor the Site, Services and User Submissions. However, Enlyt reserves the right to review User Submissions posted to the Site or Services, or located within a Service and to remove or alter any materials, User Submissions in its sole discretion at any time for any reason.

 

APPLICATIONS

You may encounter third-party applications such as websites, widgets, software or their applications that interact with the Services (collectively, the “Applications”). These applications may import data related to your account and activity and otherwise gather data from you. These Applications are provided as a convenience to you and Enlyt is not responsible for and does not endorse the content of any such Applications. 

 

NO UNAUTHORIZED OR UNLAWFUL USE

As a condition of your use of the Site, and Service, you will not use the Site, or Service for any purpose that is unlawful or prohibited by these Terms of Use and notices. By way of example and not limitation, you may not use the Site, or Services in connection with:·

• the transmission of unsolicited e-mail,·

• in any manner which could damage, disable, overburden, or impair the Site, Content or any of the Service(s) (or the network(s) connected to the Site and Service(s)) or interfere with any other party's use and enjoyment of the Site, and Service(s).·

• registration, subscription, attempt to register, attempt to subscribe, or attempt to unsubscribe, and any party for the Site, or any Service if you are not expressly authorized by such party to do so.

 

USE OF THE SITE AND SERVICES

The Site and Services may contain e-mail services, and/or other message or communication facilities designed to enable you to communicate with others. You agree to use these communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular communication Service. You are solely responsible for your own posts and comments and agree to access and use the Site and Services at your own risk on an as-is-basis. Your postings should be truthful and accurate. By way of example, and not as a limitation, you agree that you will not make any postings that involve any of the following and when using a communication Service, you will not:

Use the communication Service or post a Submission in connection with surveys, contests, pyramid schemes, securities for sale, barter or exchange, advertising, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.

• Upload files that contain software or other textual, graphical or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.

• Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another

• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

• Personally attack the author of a post, or User of a Service or Service.

• Restrict or inhibit any other user from using and enjoying the communication Services.

• Impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity.

• Harvest or otherwise collect information about others, including e-mail addresses.

• Violate any applicable local, state, national or international law or regulation.

 

LINKS TO THIRD PARTY SITES

The Site and Services may contain links to third party web sites, including advertiser web sites and social media platforms and sites (the "Linked Sites"). The Linked Sites are not under the control of Enlyt and Enlyt is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Enlyt is not responsible for webcasting or any other form of transmission received from any Linked Site nor is Enlyt responsible if the Linked Site is not working appropriately. Enlyt is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Enlyt of the site or any association with its operators. Enlyt is not responsible for the legality, accuracy or inappropriate nature of any content, advertising, products or other materials on or available from any Linked Sites. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

 

Any dealings with third parties (including advertisers) included within the Site or Services or participation in promotions offered by third parties, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Enlyt shall not be responsible or liable for any part of any such dealings or promotions.

 

INDEMNIFICATION

You agree to indemnify and hold ENLYT, its parents, subsidiaries, affiliates, officers, employees, agents and representatives harmless from any claim, demand, or damage, including reasonable attorneys' fees, due to or arising out of your use of or conduct on the Site and/or Services, including but not limited to any allegation that any User Submissions that you submit to any Services or emails or posts within the Site or any Service infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property rights of a third party. ENLYT reserves the right to disclose any personal information about you or your use of the Site and Services, including its contents, without your prior permission if Enlyt has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Enlyt or its affiliated companies; (3) enforce the Site’s Terms of Use; or (4) act to protect the interests of its users, posters, licensees or others. Enlyt performance hereunder is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Enlyt right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site and/or Services or information provided to or gathered by Enlyt with respect to such use.

 

LIABILITY DISCLAIMER

THE INFORMATION, SERVICES, CONTENT, USER SUBMISSIONS, USER INTERFACES, SOFTWARE AND OTHER CONTENT AND MATERIALS PROVIDED BY OR THROUGH THE SITE OR SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. ADVICE OR OPINIONS RECEIVED VIA THE ENLYT SITE, OR SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. THE SITE IS NOT AN INTERMEDIARY, BROKER/DEALER, INVESTMENT ADVISOR, OR EXCHANGE AND DOES NOT PROVIDE SUCH SERVICES.

 

ENLYT AND/OR ITS RESPECTIVE SUPPLIERS AND LICENSEES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE CONTENT, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE SITE AND SERVICES FOR ANY PURPOSE. ALL SUCH CONTENT, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. ENLYT AND/OR ITS RESPECTIVE SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS CONTENT, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

 

YOU SPECIFICALLY AGREE THAT ENLYT SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR USER SUBMISSIONS, OR ANY CONTENT, MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE, OR SERVICES. YOU SPECIFICALLY AGREE THAT ENLYT IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT ENLYT IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN ANY SERVICE BY ANY THIRD PARTY.

 

IN NO EVENT SHALL ENLYT AND/OR ITS SUPPLIERS OR LICENSEES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, USER MATERIALS, RESULTS, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, CONTENT OR SERVICES, WITH THE DELAY OR INABILITY TO USE THE SITE, CONTENT OR SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE THE SITE, CONTENT OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE,CONTENT OR SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE OR SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ENLYT OR ANY OF ITS SUPPLIERS OR LICENSEES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE.

 

INTEGRATION

These Terms of Services and our Privacy Policy constitutes the entire agreement and understanding between you and Enlyt and govern your use of the Site and the Services, superseding any prior agreements between you and Enlyt (including its affiliates and predecessors in interest).

 

CHOICE OF LAW AND JURISDICTION

These Terms of Service and the relationship between you and Enlyt shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. You and Enlyt irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the county of Manhattan, in the State of New York, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

 

GENERAL

The failure of Enlyt to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use are found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed here from and shall not affect the validity and enforceability of any remaining provisions.

 

These Terms of Use are not assignable, transferable or sub-licensable by you except with our prior written consent. However, we may assign these Terms of Use to any third party whom we choose without your consent. No waiver by Enlyt of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default.

 

Enlyt makes no representation or warranty that the Services, Content, and materials on the Site are appropriate or available for use in locations outside the United States. Those who choose to access the Site, Services and Content from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. Enlyt reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Site, Services and Content to any person, geographic area, or jurisdiction we so desire, and to limit the quantities of any such Service or products that we provide.