MovieRoom Terms of Use

Last updated: August, 2022

Preamble

Welcome to MovieRoom!

This MovieRoom Terms of Use (hereinafter referred to as "this Agreement") is a binding legal agreement between you and Honk Kong Coihub Technology Co., Ltd. (hereinafter referred to as "MovieRoom", “Software”, "we", “us”, or ”our”) regarding the license and the operation management service of MovieRoom. We hereby remind you to read This Agreement carefully and fully understand the terms and conditions herein, especially the Disclaimers, Limitation of Liabilities, Privacy Policy, Usage Rules, Applicable Law, Dispute Resolution and other sections which may have been highlighted in bold or in capital letters for your attention. You must have reached the age of majority for the legal jurisdiction that you reside in to access and sign this Agreement. If you have not reached the age of majority, your guardian must agree to or sign this Agreement and you shall not use MovieRoom or relevant services unless your guardian has given explicit consent.
You agree that by clicking the “Agree” button on the webpage/pop-up window or accessing or using MovieRoom and its services, you are deemed to have read, understood and agreed to be bound by this Agreement. If you do not agree with this agreement, please do not use MovieRoom or its service.
If you have any questions or comments regarding this Agreement, please contact us via "Feedback" in "My-Settings" in MovieRoom. We will be happy to answer your questions.

1. General Terms

2. Permitted License Uses

Subject to the terms and conditions of this Agreement, MovieRoom grants you a non-exclusive, non-sublicensable, personal, revocable, limited license to access and use this Software and Service. You may install, use, display, and run the Software and Service on your legally owned device for non-commercial purposes. We reserve all rights not expressly authorized to you regarding MovieRoom in this Agreement. If you wish to obtain other rights with regard to the use of MovieRoom, you shall separately obtain a formal written permission from us.

3. MovieRoom and its Services

4. Restrictions on the use of This Software and Service

5. Intellectual Property; Ownership

We reserve the intellectual property rights to this Software and Service and all related information content (including but not limited to UI interface design, pictures, fonts, audio, etc.) and all rights not expressly granted to you. The above intellectual property rights, including but not limited to copyright, trademark and patent rights, are protected by applicable intellectual property rights, anti-unfair competition and other respective laws, regulations and relevant international treaties. For matters not expressly authorized in this Agreement, such as commercial sales, reproduction, and permission for any third party to use this Software, you should separately obtain formal written permission from us.
The intellectual property rights of original works such as words, pictures, videos, software and performances published and uploaded via the platform and services when you use our services belong to you (or otherwise subject to the agreement between the third-party content provider and you). However, based on the needs of operation, you confirm that your publishing and uploading of such information is deemed as the right to use, copy and disseminate our authorized intellectual property rights. To better promote information sharing and promotion, you authorize us to use the above works on the software and our related products, and license the above works to a third party for the purpose of promotion. Your authorization to us and our affiliates will not change the ownership and intellectual property ownership of the published contents, nor will it affect your exercise of your legal rights to the published contents. Unless otherwise provided by laws and regulations, we have independent rights and interests to use the competitive data rights and interests obtained based on the legal processing of data without your consent.

6. Considerations on Your Use of This Software and Service

7. Updates

In order to better provide you with relevant Service and to guarantee the security of this Software, we may update this Software and relevant Services from time to time (including but not limited to software modification, software upgrades, partial function disabling, function strengthen, new service development, software replacement and function improvement). You may choose whether to upgrade to the corresponding version based on your needs. In case of such updates, we will notify you in an appropriate manner (including but not limited to system notifications, site messages, announcements, application store update notifications, etc.), and you have the right to choose whether to accept the updated version. Updating to the latest version may improve your user experience. If you decide not to accept the updated version provided by MovieRoom, you understand that you may place the Software under serious security risk or cause the Software to be unusable or unstable. Failure to update the software may cause some of the functions of the Software to be limited or rendered unusable.

8. Software and Services Provided by Third Parties

9. Fees and Advertisement

You understand and agree that although this Software and Service are currently offered to you free of charge, however, along with the continuous renewal of our Service, you may need to pay for some part of the Software or Service provided by MovieRoom. We reserve the right to add fee-charging features and functionalities in future Service. We also reserve the right to display advertisements in connection with the Software and Service to you. We will clearly notify you in case of any paid software and service in this Software before your use and you may choose whether to accept or use such paid software or service. At that time, please use such paid software or service according to our instructions (including but not limited to service fee standards, payment terms and service rules). You can use such paid software and services once you have explicitly agreed to the relevant agreement and are willing to pay the fees.
Your use of this Software and Service will consume your device, bandwidth, traffic and other resources. Fees for the above resources such as Internet access fees, SMS fees, and payment for the Software's value-added services shall be borne by yourself.

10. Privacy Policy

When you are using MovieRoom and Services, we may need to collect personal data to provide you the Services. we pay great attention to the protection of your personal data and has made MovieRoomPrivacy Policy, which states the detailed information of the way MovieRoom collects, uses, stores, transfers, and discloses your personal data. You may refer to the details of the "Privacy Policy" at “My” > “Settings” > “About US” > “Privacy Policy”, which forms an integral part of this Agreement. By downloading, installing or using the Services, you agree to be bound by the terms of this Agreement and its Privacy Policy, and we will protect your privacy in accordance with this Privacy Policy.

11. Termination and Breach of Contract

We have the right to judge whether your behavior complies with the terms of this Agreement. If you are deemed to have violated relevant laws and regulations or fail to comply with any terms and conditions of this Agreement or related rules, based on the severity of your violation, MovieRoom and our licensors shall have the right to delete the content in violation, to limit, to suspend or to terminate your use of this Software and Service without notice, and to take other measures that we consider appropriate. And you will be held liable for your incompliance behavior. Once it is terminated, we will continue to retain the information you stored in MovieRoom according to requirements of applicable laws and regulations and delete the information generated during your use of this Software in our database in a reasonable period. You agree that, to the fullest extent permitted by applicable law, we shall not be liable to you for such deletion.

12. Indemnification

You will indemnify, release and hold harmless us, our licensors, agents, and all senior managements, directors, employees thereof from and against any and all third party claims, actions, liabilities, losses, damages, judgments, costs and expenses, including reasonable attorneys’ fees (collectively, "Claims") arising out of (i) any use of the Services or products appearing on the Services by you or by any person that is not in accordance with the terms of this Agreement; (ii) any breach of this Agreement by you or by any person that you allow to use the Services; or (iii) any violation of any laws, regulations or the rights of any third party by you or by any person that you allow to use the Services or products appearing on the Services.

13. DISCLAIMERS

14. LIMITATION OF LIABILITIES

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL US, OUR AFFILIATES, SENIOR MANAGEMENT, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, BUSINESS INTERRUPTION OR ANY OTHER INTANGIBLE DAMAGES OR LOSSES, ARISING OUT OF THE FOLLOWING REASONS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES: (1) YOUR USE OR INABILITY TO USE THE SERVICE;(2) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (3) THE DELETION OF, CORRUPTION OF, OR FAILURE TO USE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICE; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; AND (5) ANY OTHER MATTER RELATING TO THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
AT THE SAME TIME, OUR MAXIMUM COMPENSATION FOR ALL YOUR LOSSES SHALL NOT EXCEED THE AMOUNT YOU PAID FOR USING/PURCHASING THE CORRESPONDING SOFTWARE OR SERVICES (IF PAID SERVICE IS INVOLVED) WITHIN 12 MONTHS BEFORE THE DATE OF INITIATING THE CLAIM. IF THE LAW OF YOUR REGION DOES NOT ALLOW THE LIMITATION OF LIABILITY THROUGH AN AGREEMENT. IN THIS CASE, THE APPLICABLE LAWS AND REGULATIONS SHALL APPLY.

15. Governing Laws and Dispute Resolution

16. Miscellaneous