1. Description of Service
Pivotshare is an online media service, providing our members with access to video and audio streamed over the Internet to computers, smartphones, tablets, Internet-connected TVs, and other devices. Please read and understand the terms below as they are the legal contract that governs your use of our service.
4. Access and Use of the Pivotshare Service
Access Digital Content The Service may allow you to: (i) access Digital Content on a pay per view basis for viewing over a limited period of time ("Pay Per View Digital Content"), (ii) access Digital Content on a subscription basis for viewing over a limited period of time during a subscription period ("Subscription Digital Content"), (iii) access Digital Content by purchasing and downloading (“Purchase Digital Content”), and (iv) access Digital Content on a free or promotional basis for viewing over a limited period of time ("Free Digital Content"). Digital Content may be available on the Service as Pay Per View Digital Content, Subscription Digital Content, Purchased Digital Content, Free Digital Content, or any combination of those. The basis on which Digital Content is available on the Service will be indicated on the product detail page for that Digital Content on the Service. From time to time, we may add or remove Digital Content from the Service and may change the basis on which Digital Content is available on the Service.
License to Digital Content Subject to your payment of any applicable fees (including applicable taxes) to rent, purchase, or otherwise obtain access to Digital Content, and your compliance with all other terms we specify for Digital Content or the Service, Pivotshare grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license, during the applicable Viewing Period, to access, view, use and display the Digital Content in accordance with the Usage Rules, for Non-Commercial, Private Use. As used herein, "Non-Commercial, Private Use" means a presentation of Digital Content for which no fee or consideration of any kind (other than that which you pay to us to view the Digital Content) is charged or received, which takes place in your private home or apartment or, if outside your private home or apartment (e.g., in a hotel room, dorm room, office, or airport waiting lounge) is limited to a private viewing for you and your invitees. Non-Commercial, Private Use specifically excludes any public presentation (e.g., a presentation in a dorm lounge) and any presentation by a place of public accommodation or other commercial establishment (e.g., a bar or restaurant), even if no fee is charged for viewing the Digital Content. To simplify your viewing and management of Digital Content that has a limited Viewing Period (such as Pay Per View Digital Content and Subscription Digital Content), we may automatically remove that Digital Content from your Compatible Device after the end of its Viewing Period, and you consent to such automatic removal. You may not either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, 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 associated with the Content including geo-filtering mechanisms.
Availability of Pay Per View Digital Content Pay Per View Digital Content will generally continue to be available to you for streaming from the Service, as applicable, but may become unavailable due to potential content provider licensing restrictions and for other reasons, and Pivotshare will not be liable to you if Pay Per View Content becomes unavailable for further streaming.
Streaming Quality When you stream Digital Content, the resolution and quality of the Digital Content you receive will depend on a number of factors, including the type of Compatible Device on which you are streaming the Digital Content and your bandwidth, which may go up and down over the course of your viewing. If we detect that Digital Content we are streaming to you may be interrupted or may otherwise not play properly due to bandwidth constraints or other factors, we may decrease the resolution and file size of the Digital Content we stream to you in an effort to provide an uninterrupted viewing experience. While we strive to provide you a high quality viewing experience, we make no guarantee as to the resolution or quality of the Digital Content you will receive when streaming, even if you have paid extra for access to high definition content.
General Restrictions You agree that Pivotshare owns and retains all rights to the Pivotshare Services. You further agree that the Content you access and view as part of the Pivotshare Services is owned or controlled by Pivotshare and Pivotshare's licensors. The Pivotshare Services and the Content are protected by copyright, trademark, and other intellectual property laws. You may not transfer, copy or display the Digital Content. In addition, you may not: i. sell, rent, lease, distribute, broadcast, sublicense or otherwise assign any right to the Digital Content to any third party; ii. remove any proprietary notices or labels on the Digital Content; iii. attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management system used as part of the Service; or, iv. use the Service or Digital Content for any commercial or illegal purpose.
Suspension and Discontinuation We hope not to, but we may change, suspend, or discontinue — temporarily or permanently — some or all of the Pivotshare Services (including the Content and the devices through which the Pivotshare Services are accessed), with respect to any or all users, at any time without notice. You acknowledge that Pivotshare may do so in Pivotshare's sole discretion. You also agree that Pivotshare will not be liable to you for any modification, suspension, or discontinuance of the Pivotshare Services.
We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.
5. Subscription and Payments and Billing
Our subscription services are dynamic services and the specific Subscription Digital Content available and amount of Subscription Digital Content available will generally change over time. We make no guarantee as to the availability of specific Subscription Digital Content or the minimum amount of Subscription Digital Content available in any subscription. You can find the specific details regarding your account with Pivotshare at anytime by clicking on the "My Account" link in the Pivotshare web browser client.
Ongoing Subscription Your Pivotshare subscription will continue in effect unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews each month in order to avoid billing of the next month's membership fees to your Payment Method. We will bill the monthly membership fee at the then current rate plus any applicable tax to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). Subscription fees are fully earned upon payment.
Cancellation You may cancel your Pivotshare subscription at anytime, and cancellation will be effective immediately. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH SUBSCRIPTION PERIODS. Unless otherwise noted, to cancel your subscription, visit the associated Pivotshare channel to which you are subscribed and click the "Cancel Subscription" function within the "Your Account" page and follow the instructions for cancellation under the heading "Cancel Subscription."
All Rental and Sales Final All purchases and rentals of Digital Content are final. We do not accept returns of Digital Content.
Credit Expiry Unused credits purchased with the Pivotshare system will expire after 365 days from purchase.
6. Earnings and Rewards Programs
Pivotshare may offer programs which allow registered members to earn monetary and non-monetary rewards.
Age LimitationsParticipants of Pivotshare's Earnings and Rewards programs must be at least 18 years of age at the time of first use.
Geographic Limitations Use of and participation in any of Pivotshare's earnings and/or rewards programs is limited to residents of the United States. Pivotshare reserves the right to geographically limit or restrict your access to these services based upon your location and/or citizenship. Your use of these services represents that you are a legal resident of the United States and that you understand that monetary earnings will only be sent to residents of the United States using applicable United States currency.
Payouts Pivotshare's earnings and/or rewards programs are subject to minimum payouts. Associated monetary earnings will only be delivered once you have accrued the minimum payout amount. Minimum payout amounts are clarified within their respective access points within the Pivotshare service. Payment will not be delivered to you until you have selected your preferred method of payment. Pivotshare reserves the right to alter at its discretion, without notice to you, the minimum payout amounts associated with its services.
Tax Considerations Earnings and/or rewards you have accrued using Pivotshare's services may be subject to tax filings and withholdings in accordance with United States tax laws. Pivotshare reserves the right to deny or withhold delivery of earnings, at any time, if you do not provide requested tax identification information in compliance with United States tax laws. Pivotshare may require you to provide identifying personal information, such as your social security number, in order to comply with these laws.
Account Deactivation and Forfeiture of Earnings Pivotshare reserves the right to deactivate your account at its discretion and retrieve or eliminate your accrued earnings and/or rewards without notification. Pivotshare is not obligated to pay past, present, or future earnings and/or rewards to holders of deactivated accounts.
Elimination of Earnings Source From time to time, videos may be removed by Pivotshare or its members without notice. Pivotshare is not responsible for compensating you for the loss of past, present, or future income from these eliminated sources.
Refunded Earnings Pivotshare may refund purchases to its customers at its sole discretion. Your earnings may be associated with purchases which have resulted in refunds. In the case that Pivotshare has refunded a purchase associated with your earnings, Pivotshare may revoke your associated earnings in order to fulfill the refund. Pivotshare will not compensate you for earnings lost as a result of refunds.
Earnings Expiry Uncollected payments earned through use of Pivotshare's affiliate systems will expire 365 days from the date of earning.
Affiliate PaymentsThe Company shall pay the Affiliate a 5% Commission (“Commission”) for each qualifying sale of a video download (“Sale”) made through Affiliate’s unique link (the “Affiliate Link”), which is identified by a visitor from the Affiliate’s web site using the Affiliate Link. The Company shall pay Commission to the Affiliate by company check approximately every 30 days after the prior period. The Company reserves the right to modify the payment schedule as long as notice is posted to the Company website. If Commission does not exceed $20 for Affiliates (each, respectively the “Minimum Amount”) during prior period, the Company reserves the right to hold payment until Commissions accumulate to the applicable Minimum Amount. The Company shall make all payments in U.S. dollars. If a Sale is canceled [or refunded], the related Commission will be deducted from the next payment of Commission. The Company reserves the right to approve all Affiliate applications.
Affiliate LinksThe Company shall automatically issue to the Affiliate an Affiliate Link, or unique URL, which allows the Company to identify visitors from the Affiliate’s website as originating from the Affiliate. These visitors are tracked with this unique URL and Sales are recorded with the Affiliate’s unique identifier. In order to receive Commissions, the Affiliate shall use the provided Affiliate Link. The URL may be in various forms such as a banner, image, or text link. The Company reserves all rights in or to its trademarks and servicemarks. The Affiliate may not use any trademark or servicemarks of the Company in any way including, but not limited to, registering internet domain names. The Affiliate may not display the Company’s logo, image, or trademark in manner which may be reasonably construed as distasteful, defamatory, or misrepresentative. The Affiliate may not misrepresent the Company’s products or services. The Affiliate is solely responsible for insuring that its Affiliate Link is setup properly to qualify for Commissions. Affiliate may not use its own Affiliate Link to effect a Sale. Doing so will result in immediate reversal of any Commission. Affiliate agrees to not send unsolicited mail or SPAM mail to promote any of the Company’s products or services. The Affiliate understands and agrees that such action will result in immediate termination of the Affiliate’s account with a cancellation of any pending Commissions. The Affiliate also understands and agrees that such action will be in violation of this Agreement and subject to legal action.
Prohibited SitesThe Affiliate may not use or utilize sites that promote sexually explicit material or violence. The Affiliate also may not use or utilize sites that promote discrimination based on race, sex, religion, national origin, and physical disability. The Affiliate represents and warrants that its site does not directly promote or endorse the foregoing.
Term and TerminationThis Agreement remains in effect until terminated in writing by either party. Commissions earned through the date of expiration or cancellation of this Agreement will remain payable only if the Sales are not cancelled or refunded by the referred customers. The Company reserves the right to withhold payment of the final Commission payment to the Affiliate in order to ensure that the correct amount is paid. Upon cancellation or termination of the Agreement, outstanding Commissions for current period at time of cancellation shall be paid in the next Commission payment so long as the Affiliate has not breached any terms of this Agreement.
DisclaimerThe Company shall use reasonable efforts to track and pay Commissions for all sales that apply to the Affiliate. Notwithstanding the foregoing, the Affiliate understands and agrees that the Company is not responsible for technical problems, acts by third parties, or other events outside our reasonable control which may temporarily disrupt or diminish Commissions payments made to the Affiliate.
PrivacyThe Company shall not provide identifying customer information to the Affiliate. Notwithstanding the foregoing, the Company may, in its sole discretion, provide an online report detailing price, service, date of sale, and similar data for the Affiliate’s records.
Independent ContractorEach party shall function at all times as an independent contractor, and not as an employee, agent, partner, or joint venturer of the other party. Each party shall be solely responsible for all liabilities arising from its employees. The Affiliates is not an employee of the Company and is responsible for its own local, state, or country taxes.
Limitation of DamagesThe Company shall not be held liable for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or with respect to this Agreement. The Company’s aggregate liability arising under or with respect to this Agreement or the program shall in no event exceed the total Commissions paid or payable by the Company to the Affiliate under this Agreement. The Affiliate understands and agrees that Affiliate tracking may not always be completely accurate and the Company is not responsible for inaccuracies that might occur beyond its control.
7. Account Access; Identity Protection
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or Pivotshare compatible device. If you disclose your password to anyone or share your account and/or devices with other people, you take full responsibility for their actions. Where possible, users of public or shared devices should log out at the completion of each visit. If you sell or return a computer or Pivotshare compatible device, you should logout and/or deactivate the device before doing so. If you fail to log out or deactivate your device, subsequent users may be able to access certain of your account information.
If you find that you're a victim of identity theft and it involves a Pivotshare account, you should notify customer service. Then, you should report this instance to all your card issuers, as well as your local law enforcement agency. Also, you should be mindful of any emails requesting that you submit credit card or other account information. These types of emails, also known as phishing emails, can result in identity theft. Always access your sensitive account information by going directly to the Pivotshare website and not through a hyperlink in an email, even if it looks official. Pivotshare reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. Pivotshare is not obligated to credit or discount a membership for holds placed on the account by either a representative of Pivotshare or by the automated processes of Pivotshare.
9. Disclaimers of Warranties and Limitations on Liability
THE PIVOTSHARE SERVICE, INCLUDING OUR WEBSITE AND USER INTERFACES AS WELL AS OUR CONTENT PROVIDERS, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE PIVOTSHARE SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND AND WE AND OUR LICENSORS AND CONTENT PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE PIVOTSHARE SERVICE, OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH. PIVOTSHARE DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE PIVOTSHARE SERVICE, INCLUDING USE OF OUR SOFTWARE OR FUNCTIONALITIES, WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT PIVOTSHARE MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE PIVOTSHARE SERVICE, INCLUDING FEATURES, WITHOUT COMPENSATION OR NOTICE TO YOU. PIVOTSHARE SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, PIVOTSHARE READY DEVICES, AND PIVOTSHARE SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE). Without limiting the foregoing, we and our licensors and our content providers assume no liability or responsibility for any of the following: (i) recommendations or advice of Customer Service; (ii) any failure or interruption in the availability of the Pivotshare service and/or website or user interfaces; (iii) delivery and or display of any content contained on the Pivotshare website, user interfaces, or otherwise through the Pivotshare service; and (iv) any losses or damages arising from the use of the content provided on the Pivotshare website, user interfaces, or otherwise through the Pivotshare service itself, including any losses or damages arising from downloading of related software, downloading and/or use of any other software, including the remote desktop tool offered by Customer Service, or any conduct by users of the Pivotshare service, website or user interfaces. TO THE EXTENT ALLOWABLE BY LAW, WE AND OUR LICENSORS AND OUR CONTENT PROVIDERS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current. We do not make any representations with respect to the content contained on written media, audio or video from the Pivotshare service or the descriptions of any content contained on our website or user interfaces. We do not represent or guarantee that your use of the Pivotshare service will be free from interruption, loss, corruption, attack, viruses, interference, hacking, or other security intrusion and we disclaim any liability with respect thereto. No oral or written information or advice given by us or our authorized representative shall create a warranty or otherwise constitute a representation binding upon Pivotshare or its affiliated parties.
PIVOTSHARE MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING PIVOTSHARE READY DEVICES OR THE COMPATIBILITY OF THE DEVICE WITH OUR SERVICE. Additional disclaimers or limitations of liability may be contained in the various software end user license agreements you have agreed to by using our service.
10. Intellectual Property
11. Service Content
We distribute audio and video, and we reserve the right to display and promote the content or other information through our service, including our website and user interfaces, to you in any manner we choose in our sole and absolute discretion. In addition, the Pivotshare service allows you and other third parties to post reviews or comments concerning the content distributed by us. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties through the Pivotshare service are those of the respective authors or producers and not of Pivotshare, or its shareholders, directors, officers, or employees or licensors. Under no circumstances shall Pivotshare, or its shareholders, directors, officers, directors, or employees or Licensors be held liable for any loss or damage caused by your reliance on information obtained through the Pivotshare service. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Pivotshare service.
12. Use of Information Submitted
Pivotshare is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the Pivotshare service, including the Pivotshare website and user interfaces, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Pivotshare service. Furthermore, by posting any Feedback on our site, submitting Feedback to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, royalty-free irrevocable license and right to display, use, reproduce or modify the Feedback submitted in any media, software or technology of any kind now existing or developed in the future.
Please note Pivotshare does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Pivotshare. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Pivotshare and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.
13. Electronic Communications
By using the Pivotshare service, you consent to receiving electronic communications from Pivotshare. These communications will include notices about your account (e.g., password change confirmation e-mails and other transactional information) and information concerning or related to our service. These communications are part of your relationship with Pivotshare and you receive them as part of the Pivotshare service. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
14. Customer Service
If you need assistance with your account, you may contact Customer Service at any time via email at email@example.com.
15. Your Conduct in Accessing the Pivotshare Service
By accessing the Pivotshare service, including the Pivotshare website and user interfaces, you agree to use the Pivotshare service, including all audio, video, features and functionalities associated therewith, the website and user interfaces and all content and software associated therewith in accordance with all applicable laws, rules and regulations. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Pivotshare service. You also agree not to interfere with the servers or networks connected to any portions of the Pivotshare service or to violate any of the procedures, policies or regulations of networks connected to the Pivotshare service. You also agree not to impersonate any other person while using the Pivotshare service, conduct yourself in a vulgar or offensive manner while using the Pivotshare service, or use the Pivotshare service for any unlawful purpose.
16. Limitations on Use
17. Links and Pages
18. Dispute Resolution
By using the Pivotshare service as well as interacting with content from its Content Providers, you are agreeing to the Dispute Resolution document.
19. Claims of Copyright Infringement
It is the policy of Pivotshare to respect the intellectual property rights of others. Pivotshare does not promote, foster or condone the copying of written media, audio, video, or other digitally delivered content or any other infringing activity. If you believe your work has been copied in a way that constitutes copyright infringement, are aware of any infringing material available through the Pivotshare service, or know of someone who is making unauthorized use of the content available through the Pivotshare service, please notify us at the address specified below of your concern by submitting a signed written notice containing all of the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest; (ii) Identification of the copyrighted work claimed to have been infringed; (iii) Identification of the material available through the Pivotshare service that is claimed to be infringing, and information reasonably sufficient to permit us to locate the material; (iv) Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, if available, your e-mail address; (v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the above information is accurate, and under penalty of perjury, that you are, or are authorized to act on behalf of, the owner of the copyright that is allegedly infringed.
Our copyright email address is firstname.lastname@example.org. Please note, however, that in order for your notice to us to be effective under the Digital Millennium Copyright Act, your notice must be in writing and contain the elements described above. We will not be able to respond to any customer service or other issues through this email address. For queries that are not related to copyright matters, please see other ways to contact us.
Counter-Notification: If you are the owner or a person authorized to act on behalf of the owner of the material, which was removed from our service or disabled after we received a copyright infringement notice, and you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material, you may ask that the material be restored by sending us a counter-notification. Section 512(g) of the Copyright Act requires that your counter-notification include all of the following:
(i) Your physical signature; (ii) Identification of the material that had been removed or disabled, including if applicable, the specific URLs where the material appeared before it was removed or disabled; (iii) A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (iv) Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located and that you will accept service of process from the person who provided the copyright infringement notification or an agent of such person.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material was removed or disabled by mistake or misidentification may be subject to liability.
Once we have received your counter-notification, we will forward it in its entirety to the party who submitted the original claim of copyright infringement. The party who submitted the original claim must then notify us with 10 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material, which was the subject of the original claim of copyright infringement. If we receive notice of such an action, we will not restore the material. If we do not receive such notification, we will replace the removed material and cease disabling access to it. Pivotshare shall have the right to terminate the account of any member who posts infringing material.
c/o Pivotshare Inc.
3161 Michelson Drive, #760
Irvine, CA 92612
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