EFFECTIVE September 18, 2014
Welcome to GoWatchIt!
Plexus Entertainment, LLC (“Plexus”) operates a website located at www.gowatchit.com as well as device and platform-specific applications branded as GoWatchIt, and also powers functionality on third-party properties which can be identified by “Powered by GoWatchIt” or other similar branding (collectively, “GoWatchIt”). As used herein, the words “user,” “you” and “your” mean users of GoWatchIt and the words “we,” “us” and “our” mean Plexus.
Table of Contents
Description of Services
You can use GoWatchIt to access certain content relating to movies and TV shows. This includes viewing and purchase availabilities across release windows and delivery platforms, with direct links to immediate fulfillment, as well as trailers, synopses and other title-specific information. If you register for GoWatchIt in a manner described herein, you may have access to additional functionality including, but not limited to, the ability to request e-mail, text (including SMS and MMS) and/or social media notifications for information about movies and TV shows in which you are interested, such as new viewing or purchase availabilities, by adding the titles to your GoWatchIt user queue, or otherwise setting alerts.
License to Use GoWatchIt
Children’s Online Privacy Protection Act Notification
You may only use GoWatchIt if you are 13 years of age or older. If you are under 18 or not of legal age to form a binding contract in your state of residence, you must have your parent or legal guardian’s permission to use GoWatchIt. To view information on our policy regarding the privacy of children under the age of 13, please click here.
Pursuant to 47 U.S.C. Section 230(d) as amended, Plexus hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.
In order to use many features of GoWatchIt, you will need to register for GoWatchIt, either by creating a GoWatchIt user account ("Account") or by providing your e-mail address or mobile number to set an alert to receive notifications about movies or TV shows in which you are interested. Only users with Accounts (“Account Users”) are able to see and manage their GoWatchIt user queues, which show all of the movies and TV shows for which they have set alerts, and access certain social and other GoWatchIt features. All registration information that you submit must be accurate and updated.
You may not misrepresent your identity or your affiliation with any person or organization and you may never use another user’s Account for any purpose whatsoever. If you create an Account, you can enter or edit your “Basic Information” in the preferences associated with your Account (“Preferences”) when you are logged-in. Your Preferences also allow you to manage other aspects of your Account, including your access to certain services and functionality and the nature and frequency of communications we send to you, among others. If you have previously had your access to or use of GoWatchIt terminated by us, you may not access or use GoWatchIt under any circumstances.
Termination by Account User
Intellectual Property Rights
Except for User Generated Material, GoWatchIt and its content, features and functionality, including, without limitation, information, software, text, graphics, logos, button icons, images, audio clips, video clips, data compilations, and the design, selection and arrangement thereof, are the exclusive property of Plexus, our licensors, or other content suppliers, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, and may not be used or exploited in any way without our prior written consent.
Plexus Entertainment, GoWatchIt, “Powered by GoWatchIt”, the “Watch It / Queue It,” “Set Movie Alert,” “Set TV Alert” and similar buttons, the GoWatchIt widgets and other GoWatchIt service marks, graphics, logos, scripts and sounds are trademarks of Plexus and may not be copied or otherwise exploited without our prior express written permission. All trademarks and registered trademarks, including those of service affiliates (e.g., Netflix, VUDU, et. al.) from which you can buy, rent or otherwise watch or purchase movies and TV shows in which you are interested, are the property of their respective owners.
You may choose to, or we may invite you to, submit comments or ideas about GoWatchIt, including without limitation, suggestions for ways to improve GoWatchIt (“Ideas”). By submitting an Idea, you agree that: (i) your Idea will automatically become the property of Plexus, without any compensation to you; (ii) Plexus may use or redistribute the Idea for any purpose and in any way, (iii) there is no obligation for Plexus to review unsolicited Ideas and (iv) there is no obligation to keep any Idea confidential. By accepting your submission, Plexus does not waive any rights to use similar or related ideas previously known to us, developed by our employees or obtained from sources other than you.
You may not under any circumstances:
User Generated Material
As part of GoWatchIt, you may have the opportunity to publish, transmit, submit or otherwise post some or all of reviews, ratings, comments, feedback or other materials (collectively “User Generated Material”), which may be accessible and viewable by the public. Our goal is to make GoWatchIt enjoyable for all of our users, so we ask that you comply with the following rules.
User Generated Material must not:
Please choose carefully the information you post on GoWatchIt and that you give to other users. You are discouraged from publicly posting your full name, telephone numbers, street address, e-mail address or other information that identifies you or allows strangers to find you or steal your identity. You assume all risks associated with dealing with other users with whom you come in contact through GoWatchIt, and to the extent that the law permits, you release us from any claims or liability related to any User Generated Material posted on GoWatchIt and from any claims related to the conduct of any other users.
We reserve the right, but have no obligation, to monitor or to take any action regarding disputes between you and any other user and shall have no liability for your interactions or any disputes with other users or for any user’s action or inaction. You are solely responsible for your conduct on GoWatchIt and your interactions with other users.
Apple and the Apple logo are trademarks of Apple, Inc., registered in the U.S. and other countries. App Store is a service mark of Apple, Inc. iTunes is for legal or rightsholder-authorized copying only. Do not steal music.
Android, GooglePlay, and PlayStore are all trademarks of Google, Inc.
Privacy and Communications
Consent to Electronic Communications
You consent to receive communications from us whether required by law or otherwise, either by e-mail, if you have provided us with your e-mail address, or by notice posted on GoWatchIt as determined by us in our sole discretion. You agree that any requirement that a notice, disclosure, agreement, or other communication be sent to you by us in writing is satisfied by such electronic communication. We are not responsible for any automatic filtering you or your network provider may apply to communications we send to an e-mail address that you provide to us.
Mobile Messaging Terms
When you provide us with your mobile phone number, you are expressly agreeing that Plexus may send you text messages (including SMS and MMS) to that phone number. Plexus will only send you text messages relating to specific movies and TV shows in response to your requests to receive them. If you set an alert to receive notifications about a specific movie or TV show by texting a keyword, you will receive a confirmation text message, and you may need to reply as instructed in order for your request to us to be honored. You are responsible for the payment to your network provider of any message, data and other charges related to text messages, including for confirmation texts you receive and your responses thereto.
You may opt-out of receiving any future text messages from us at any time by texting the keyword STOP to short code 66555 provided that you agree to receive a final text message confirming such opt-out. For help, text the keyword HELP to short code 66555. Please note that texts may be sent through an automatic telephone dialing system. Consent to receive text messages is not required as a condition of using GoWatchIt.
Your network provider may prohibit or restrict certain mobile features and certain mobile features may not work with your mobile device. We do not warrant that any features of GoWatchIt will be compatible with your device. Contact your network provider with questions regarding these issues.
We do not endorse, and Plexus expressly disclaims, responsibility and liability for Third-Party Sites, including for the content, products and services provided by Third-Party Sites or any advertisers thereon, other than the GoWatchIt content and functionality provided on such Third-Party Sites. Any interaction you have with Third-Party Sites, other than your interactions with GoWatchIt on such Third-Party Sites, are between you and the Third-Party Sites and you agree that Plexus is not liable for any damage or loss you may suffer as a result of any interaction with any such Third-Party Sites or any claim that you may have against any such Third-Party Sites.
Modification or Suspension of GoWatchIt Service and Right to Terminate Your Use of GoWatchIt
We reserve the right to change, suspend, or discontinue any aspect of GoWatchIt, in our sole and absolute discretion and without notice or liability, including by adding or eliminating certain features or discontinuing GoWatchIt entirely. Any description of features on GoWatchIt shall not be considered to be a representation by Plexus that such features will always be included on GoWatchIt. From time to time, we may restrict access to some or all of GoWatchIt, including for Account Users. We also reserve the right to terminate or suspend your Account or restrict your and only your use of or access to GoWatchIt, without notice or liability, for any reason or no reason whatsoever. Accordingly, for any reason, and without notice, all or any part of GoWatchIt may become unavailable to you at any time and for any period.
If we suspend or discontinue any aspect of GoWatchIt or terminate your Account, we are not responsible for providing you with any information or content. We may also delete your User Generated Material or other preferences and interests stored within or in connection with your Account. You have no recourse with regard to any information that we delete regardless of any value you may ascribe to such data. We expressly disclaim any value you may attribute to any of your data stored on our servers.
We do not endorse, and Plexus expressly disclaims, responsibility and liability for Linked Sites, including for the content, products and services provided by Linked Sites. Any interaction you have with Linked Sites are between you and the Linked Sites and you agree that Plexus is not liable for any damage or loss you may suffer as a result of any interaction with any such Linked Sites or any claim that you may have against any such Linked Sites.
Notice and Procedure for Claims of Copyright or Intellectual Property Infringement
We respect the intellectual property of others and we ask you to do the same. If you believe that any content appearing on GoWatchIt, including content created and/or displayed by GoWatchIt, User Generated Material or other material provided through a link, infringes your copyright, you should notify us in accordance with the procedure set forth below. We will process each notice of alleged infringement that we receive and will take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be e-mailed to our copyright agent at email@example.com with “DMCA Takedown Request” in the subject line. You may also contact us by mail or facsimile at:
Attention: Copyright Agent
Plexus Entertainment, LLC
14 Murray Street, #103
New York, NY 10007
Facsimile: (866) 887-9103
To be effective, the notification must be in writing and contain the following information:
E-mails sent to firstname.lastname@example.org for purposes other than communication about copyright infringement may not be answered. Plexus has a policy of denying use of GoWatchIt to repeat infringers under appropriate circumstances.
The information, products and services included in or available through GoWatchIt are continually upgraded and updated. Notwithstanding the foregoing, Plexus and its licensors do not warrant that any such information, products and/or services are reliable, accurate, complete, uninterrupted, error free, secure or free of defects, viruses or bugs. ACCORDINGLY, GOWATCHIT IS PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO WARRANTY OF ANY KIND AND YOUR USE OF GOWATCHIT IS ENTIRELY AT YOUR OWN RISK. PLEXUS EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING GOWATCHIT, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY PURPOSE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, COMPATIBILITY, SECURITY, AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE FROM A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. IN STATES AND JURISDICTIONS IN WHICH THE EXCLUSION OF WARRANTY IS PROHIBITED, SUCH EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMITTED.
PLEXUS DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY INFORMATION, PRODUCT OR SERVICE PROVIDED, ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH GOWATCHIT, ANY LINKED SITE OR ANY THIRD-PARTY SITE AND PLEXUS WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND ANY LINKED SITE OR THIRD-PARTY SITE. WE EXPRESSLY DISCLAIM ALL LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED BY ANY SOCIAL MEDIA SERVICES IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH SOCIAL MEDIA ACCOUNTS.
You acknowledge that any reliance on the information and other materials included in or available through GoWatchIt, including, without limitation, any User Generated Material, shall be at your sole risk and responsibility. Plexus reserves the right, in its sole and absolute discretion, to correct any errors or omissions in any part of GoWatchIt and to make changes to the services, materials, products, programs and features included therein, at any time with or without notice.
Indemnity and Release
California residents, you expressly waive CA Civil Code §1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Limitations on Liability
UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF GOWATCHIT, YOUR DATA, YOUR USER GENERATED MATERIAL OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. We reserve the right at all times to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process or governmental request and to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through GoWatchIt. YOU WAIVE, AND HOLD HARMLESS PLEXUS AND ITS AFFILIATES, LICENSEES, PARTNERS AND SERVICE PROVIDERS FROM, ANY CLAIMS RESULTING FROM ANY ACTION RELATING TO YOUR ACCOUNT OR TAKEN AS A RESULT OF ANY SUCH DISCLOSURE.
Plexus makes no representation that GoWatchIt is appropriate or available for use in locations outside of the United States. Access to GoWatchIt from territories where such services are illegal is strictly prohibited. If you access GoWatchIt from a location outside of the United States, you are solely responsible for compliance with all local and other applicable laws.
Law and Jurisdiction
Binding Arbitration and Class Action Waiver
Waiver and Severability