Thank you for your interest in using LALATV.tv the online service (the “Service”) owned and operated by FlixHouse Global LLC. (“FlixHouse”). These Terms of Service (the “Terms”) govern your use of the Service, your use of any software that LALATV makes available to users of the Service (the “Software”), and your use of the LALATV Web site currently located at www.LALATV.tv (the “Site”). In these Terms, the Service, the Software, and the Site are collectively referred to as “LALATV.” Please read these Terms carefully. By using the LALATV, you are stating that you have read and understand, and agree to be bound by, these Terms. If you do not agree to these Terms, you may not use LALATV.
1. YOUR RESPONSIBILITIES
2. OWNERSHIP OF LALATV'S CONTENT; RESTRICTIONS ON USE
The content on LALATV, other than User Submissions (defined below), including without limitation, television shows, movies, clips, videos, text, software, scripts, graphics, photos, sounds, music, interactive features and the like (collectively, the “Content”) and the “LALATV” word mark and the LALATV design mark, as well as certain other of the names, logos, and materials displayed on or through LALATV that constitute trademarks, tradenames, service marks or logos ( the “Marks”) are owned by or licensed to LALATV and are subject to copyright, trademark, and other intellectual property rights under U.S. and international laws. You agree not to reproduce, duplicate, copy, download, stream capture, archive, upload, publish, broadcast, sell, resell, modify, translate, decompile, disassemble, reverse engineer or exploit for any purposes LALATV, including, without limitation, the Content and the Marks, except as authorized by these Terms or as otherwise authorized in writing by LALATV and its applicable licensors. In addition, you are strictly prohibited from creating derivative works, or materials that otherwise are derived from or based on in any way the Content and the Marks, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, except as authorized by these Terms or as otherwise authorized in writing by LALATV and its applicable licensors. You may not incorporate the Content into any hardware or software application. LALATV is provided for your personal, non-commercial use only. You must abide by all copyright notices, information, and restrictions contained in or associated with any Content. You must not remove, alter, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device or other content protection or access control measure (including, without limitation, geofiltering and/or encryption) associated with the Content.
3. LICENSE GRANTED TO YOU
LALATV hereby grants you a revocable, non-exclusive, non-transferable, limited, world-wide, royalty-free license to view and embed the Content and/or User Submissions subject to the restrictions set forth below and solely for non- commercial purposes as permitted and intended by LALATV. The foregoing license granted to you shall automatically terminate if you violate these Terms.
LALATV may enable you to cut and paste code (e.g., HTML) from LALATV for the purpose of embedding the Content and/or User Submissions on your own personal Web sites or Web pages. You agree that you will not: (a) modify or cause to be modified such code; (b) modify or cause to be modified the display of any Content and/or User Submission (e.g., you will not remove any watermark, copyright notice.); or (c) use such code or any Content and/or User Submission for any commercial purpose. Further, you agree that you will not embed any Content on any website or other location that contains or hosts content that is unlawful, pornographic, obscene, defamatory, libelous, threatening, harassing, vulgar, indecent, profane, hateful, racially or ethnically offensive, encourages criminal conduct, gives rise, or potentially gives rise, to civil liability, violates any law, rule or regulations, infringes any right of any third party including intellectual property rights, is otherwise objectionable to LALATV, or links to infringing or unauthorized content.
4. COPYRIGHT INFRINGEMENT NOTICE PROCEDUREa) Copyright Infringement Notification. LALATV respects the intellectual property rights of others. Upon proper notice, LALATV will suspend access to LALATV (or any portion thereof) to any user who uses LALATV in violation of copyright law, and terminate the accounts of repeat infringers.
5. SOFTWAREa) License. Subject to these Terms, LALATV grants you a non-exclusive, non-transferable, non-assignable license (without right to sublicense) to install and use one copy of the Software on your personal computer system in machine- executable object code form only. You may make one copy of the Software solely for your own emergency backup purposes, provided you include all copyright and trademark notices on the back-up copy.
Your right to use LALATV automatically terminates if you violate these Terms or any rules or guidelines posted in connection with LALATV. LALATV reserves the right, in its sole discretion, to terminate your access to all or part of LALATV, for any reason, with or without notice. FURTHER, YOU AGREE THAT LALATV SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR REMOVING YOUR (OR ANY OTHER PERSON’S) USER SUBMISSIONS, FEEDBACK OR SUSPENDING OR TERMINATING YOUR (OR ANY OTHER PERSON’S) ACCESS TO LALATV (OR ANY PORTION THEREOF). You may discontinue your participation in and access to LALATV at any time. LALATV reserves the right to investigate your use of LALATV in the event LALATV, in its sole discretion, believes you have violated these Terms.
7. MODIFICATIONS TO LALATV
LALATV reserves the right to modify or discontinue LALATV with or without notice to you. LALATV shall not be liable to you or any third party should LALATV exercise its right to modify or discontinue LALATV.
8. MONITORING OF CONTENT
LALATV does not, as part of a regular, established practice, monitor, control, or have knowledge of the content transmitted using LALATV. You agree that you are solely responsible for all content you transmit and receive using LALATV.
LALATV.tv may contain links to third party Web sites or Internet resources that are not owned or controlled by LALATV.tv. LALATV’s provision of a link to any other Web site or Internet resource is for your convenience only and does not signify LALATV endorsement of such other Web site or resource or its contents. FlixHouse SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, INFORMATION, SOFTWARE, MATERIALS OR PRACTICES OF ANY THIRD PARTY WEB SITE OR INTERNET RESOURCE, INCLUDING ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH LALATV OR ANY LINKED WEB SITE OR FEATURED IN ANY ADVERTISING.
10. DISCLAIMER OF WARRANTIESYOU EXPRESSLY AGREE THAT USE OF LALATV IS AT YOUR SOLE RISK. LALATV IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, LALATV AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO LALATV (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT).
11. LIMITATION OF LIABILITY
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL LALATV OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT’S) USE OF LALATV.
12. EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent LALATV may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of LALATV’s liability shall be the minimum permitted under such applicable law.
You agree to indemnify, defend, and hold harmless LALATV, its subsidiaries, affiliates, officers, directors, employees, consultants and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and costs) that such parties may incur as a result of or arising from (a) any information (including, without limitation, your User Submissions, Feedback, or any other content) you (or anyone using your account) submit, post, or transmit on or through LALATV; (b) your (or anyone using your account’s) use of LALATV; (c) your (or anyone using your account’s) violation of these Terms; or (d) your (or anyone using your account’s) violation of any rights of any other person or entity, including, without limitation, any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. LALATV reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with LALATV in asserting any available defenses.
14. MINORS; ABILITY TO ACCEPT TERMS OF SERVICESome Content on LALATV may be intended for mature audiences and, depending upon your age, you may be restricted from accessing such Content.
These Terms shall be construed and enforced in accordance with the laws of the State of California without regard to any choice of law or conflict of laws principles, regardless of where you live. You agree that any and all disputes or controversies of any nature between LALATV and you about or involving LALATV must be submitted to JAMS (“JAMS”) for binding arbitration under its Streamlined Arbitration Rules and Procedures (“Rules”). Such arbitration will be held in Los Angeles, CA USA, before a single arbitrator who shall be a retired judge, in accordance with California Civil Procedure The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, then by striking from a list of arbitrators supplied by JAMS. The arbitration shall be a confidential proceeding, closed to the general public. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator’s award is based. The arbitrator shall have the power to enter temporary restraining orders and preliminary and permanent injunctions. Neither party shall be entitled or permitted to commence or maintain any action in a court of law with respect to any matter in dispute until such matter shall have been submitted to arbitration as herein provided and then only for the enforcement of the arbitrator’s award; provided, however, the foregoing shall not prevent LALATV from seeking injunctive relief in a court of competent jurisdiction. Notwithstanding anything to the contrary herein, you hereby irrevocably waive any right or remedy to seek and/or obtain injunctive or other equitable relief or any order with respect to, and/or to enjoin or restrain or otherwise impair in any manner, the production, distribution, exhibition or other exploitation of any motion picture, production or project related to LALATV, its subsidiaries and affiliates, or the use, publication or dissemination of any advertising in connection with such motion picture, production or project.
These Terms, together with any other rules or guidelines posted in connection with LALATV constitute the entire and exclusive and final statement of the agreement between you and LALATV with respect to the subject matter hereof, and govern your use of LALATV, superseding any prior agreements or negotiations between you and LALATV with respect to the subject matter hereof. To the extent you enter or are otherwise eligible for any contest, sweepstakes or other promotion, you may be subject to separate or additional terms and conditions that govern such contest, sweepstakes or other promotion, which will be made available on the Site at such time. The failure of LALATV to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If for any reason any provision of these Terms is found to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of these Terms shall continue in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of LALATV or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect. The terms of Sections 3 and 12 through 20 of these Terms, as well as any other limitations on liability explicitly set forth herein, shall remain in full force and effect notwithstanding any termination of your use of LALATV.
17. MODIFICATIONS TO TERMS
The effective date of these Terms is January 09/2020