Terms of Service

PLEXUS ENTERTAINMENT, LLC TERMS OF SERVICE

1.    ACCEPTANCE OF TERMS OF USE

Plexus Entertainment, LLC, a New York limited liability company (“Plexus”), is the owner and operator of GoWatchit.com and provides its services to you expressly subject to the terms of use set forth below, as the same may be amended by Plexus in its sole discretion from time to time (these “Terms of Use”). Please read these Terms of Use carefully. By visiting GoWatchIt.com or utilizing any service offered by Plexus, whether currently or in the future, you expressly agree and consent to be bound by these Terms of Use and to accept the Plexus Privacy Policy which is published at www.gowatchit.com/pages/privacy . If you do not agree to these Terms of Use or do not accept the Privacy Policy, please do not access GoWatchit.com or utilize any of the services offered by Plexus. These Terms of Use may be supplemented by additional guidelines, terms and conditions imposed on specific services offered by Plexus and by utilizing such services you will also be deemed to have accepted any such additional guidelines, terms and conditions.

2.    MODIFICATIONS TO THIS AGREEMENT

These Terms of Use are subject to change by Plexus in its sole discretion at any time and from time to time, with or without notice. It is your responsibility to periodically review these Terms of Use as posted here for any changes. Your continued use of GoWatchIt.com and the services offered by Plexus after the posting of revisions to these Terms of Use will constitute your acceptance of such changes. Please see the end of these Terms of Use to determine when these Terms of Use were last revised.

3.    DESCRIPTION OF SERVICES

A - GENERAL:
Through its “Watch It” service, Plexus offers an on-line search tool that, among other things, provides users with the ability to find movies available across all distribution platforms, including in theaters, on DVDs (sales and rentals), via internet streaming and on cable television, and to log selections into a queue accessible only with a login. Plexus reserves the right, in its sole and absolute discretion, to make changes from time to time and without notice to how it operates its “Watch It” service, including adding and eliminating certain features or discontinuing the “Watch It” service entirely. Any description of the features included in the “Watch It” service should not be considered to be a representation by Plexus that such features will always be included in the service or an obligation of Plexus to continue to include such features in the “Watch It” service.

B - FEATURES AND FUNCTIONALITY:

Social Media:
Users in certain countries will have the ability to connect their “Watch It” movie queue with Facebook. If you choose to connect, you will be able to take advantage of various social features. These features will be designed to share information with others. For example, your friends will be able to see your movie queue in their newsfeeds, or they may be able to see which films you “Like”. They will also be able to see that you are a member of GoWatchit.com. In addition, Plexus may personalize and otherwise enhance your user experience based on your Facebook information, such as basic information and “Likes.” Please pay careful attention to your Facebook Connect settings in “Your Account” as well as your Privacy Settings in Facebook which will impact this feature and may give you some control over the information that is shared. Please see our Privacy Policy to learn more about the scope, extent and uses of the information that we gather.


While we are hopeful that you will find the Facebook Connect feature to be a great way to share information and discover new movies and television shows, you may disconnect your accounts at any time by clicking “Your Account” link, selecting the “Manage Facebook Connect” link and then selecting “Disconnect.” Facebook may also offer ways to manage the information you share with Plexus. See the Facebook website for details.

BY CONNECTING YOUR GOWATCHIT.COM ACCOUNT TO YOUR FACEBOOK ACCOUNT, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE CONSENTING TO THE CONTINUOUS RELEASE OF INFORMATION ABOUT YOU TO OTHERS, INCLUDING TO FACEBOOK, IN ACCORDANCE WITH YOUR PRIVACY SETTINGS ON FACEBOOK AND YOUR ACCOUNT SETTINGS WITH PLEXUS. IF YOU DO NOT WANT INFORMATION ABOUT YOU, INCLUDING INFORMATION SUCH AS YOUR MOVIE AND TELEVISION SHOW PREFERENCES, TO BE SHARED IN THIS MANNER, DO NOT USE THE FACEBOOK CONNECT FEATURE.

Member Reviews:
“Watch It” permits you to post searchable reviews of movies and television shows. Although Plexus does not regularly review the content posted by members on GoWatchit.com, we reserve the right to reject, remove or edit such content at any time without notice. Reviews should not be posted that contain: harsh, profane or discriminatory language; illegal, obscene, threatening, defamatory or otherwise objectionable content; URLs, phone numbers, mailing or e-mailing addresses; personal attacks on creative personnel; misleading information regarding the origin of the content or content that infringes on the intellectual property rights of a third party; or a discussion of the policies of, or the services offered by, Plexus.

4.    ACCOUNTS, ACCESS AND REGISTRATION

Plexus is pleased to grant you a non-exclusive, limited license to utilized the “Watch It” service, including accessing and viewing the content housed on GoWatchit.com for personal, non-commercial purposes. You may only access and view content personally and for non-commercial purposes in compliance with the Terms of Use. You may not, either directly or through the use of any device, software, internet site, web-based software or other means, remove, alter, bypass, avoid, interfere with or circumvent any copyright, trademarks or other proprietary notices marked on the content housed on GoWatchit.com or any digital rights management mechanism, device or other content protection or access control measure associated with the content, including Geo-filtering mechanisms.

5.    PRIVACY AND COMMUNICATIONS PREFERENCES

 Plexus respects the privacy of its users. Except as otherwise discussed under “Features and Functionality: Social Media” above, Plexus will not share personally identifiable information about you with any third-party except as required by law, or as is necessary to fulfill its obligations under these Terms of Use.

The “Watch It” service includes a demographic data collection system. As part of this system, Plexus may ask you questions about yourself (age, sex, geographic locale). Your answers to these questions may be stored on your computer and transferred to Plexus from time to time. Plexus will never store this information on its servers in a way that is relatable back to you or your identity; instead the information will only be stored and operated on in an aggregate way. Plexus may transmit some of your answers to its advertising partners at the time advertisements are served to you. We do this to deliver the most relevant advertisements possible to you.

Please refer to our privacy policy, which is published at http://www.gowatchit.com/pages/privacy, for more information.

In order to use the “Watch It” service, you will have to create a user account. You may never use another person’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account and you must keep your account password secure. You must notify Plexus immediately of any breach of security or unauthorized use of your account.

6.    RIGHT TO TERMINATE

Notwithstanding anything to the contrary contained in these Terms of Use or otherwise stated on GoWatchit.com, Plexus reserves the right, in its sole and absolute discretion, to terminate or restrict your use of the “Watch It” service or your access to GoWatchit.com, with or without notice and for any reason or no reason whatsoever.

7.    THIRD PARTY SITES/LINKED DESTINATIONS AND ADVERTISING

A – THIRD PARTY DESTINATIONS:
GoWatchit.com may contain links to other websites (the “Linked Sites”). The Linked Sites are included in GoWatchit.com only as a convenience and are not owned or controlled by Plexus. Plexus expressly disclaims responsibility for the content of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. In addition, Plexus expressly disclaims responsibility for webcasting or any other form or transmission received from a Linked Site.. Should you elect to visit a Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Plexus does not endorse and expressly disclaims responsibility and liability for any content, advertising, products, services or information on, or available from, the Linked Sites. Plexus expressly disclaims responsibility and liability for any damage or loss directly or indirectly caused by any content, advertising, products, services or information available on the Linked Sites. Any terms, conditions, warranties or representations included in the Linked Sites are solely between you and the relevant provider of the Linked Site. Plexus disclaims any legal authorization to use any trademark, trade name, logo or copyright symbol displayed in or accessible through a Linked Site. Plexus disclaims all liability for any legal or other consequences (including infringement of third party rights) of links made to GoWatchit.com from websites not affiliated with Plexus.

B – ADVERTISING:
Plexus expressly disclaims responsibility and liability for advertisements and/or any content posted on GoWatchit.com by third parties and for the products and services provided by advertisers on GoWatchit.com. Any dealings you have with advertisers posting content on GoWathcit.com are between you and the advertiser, and you agree that Plexus will not be liable for any damage or loss you may suffer as a result of the products and services of any such advertiser or any claim that you may have against any such advertiser.

8.    WARRANTY DISCLAIMER

The information, products and services included in, or available through, GoWatchit.com are continually upgraded and updated. Notwithstanding the foregoing, Plexus does not represent that any such information, products and/or services is reliable, accurate or complete. ACCORDINGLY, GOWATCHIT.COM IS PROVIDED “AS IS” WITH NO WARRANTY OF ANY KIND AND YOUR USE THE “WATCH IT” SERVICE IS ENTIRELY AT YOUR OWN RISK. PLEXUS EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING GOWATCHIT.COM AND ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTLY OF MERCHANTABILITY, WARRANTY OF SATISFACTORY PURPOSE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY AND ACCURACY. IN STATES / JURISDICTIONS IN WHICH THE EXCLUSION OF WARRANTY IS PROHIBITED, SUCH EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMITTED.

The information and other materials included on GoWatchit.com may contain inaccuracies and typographical errors. Plexus does not warrant the accuracy or completeness of any of the information provided or the reliability of any statement or other information displayed or distributed, including, without limitation, any user-generated content. You acknowledge that any reliance on the information and other materials included on GoWatchit.com 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.com and to make changes to the materials, products, programs and services included therein, at any time with or without notice.

Plexus does not warrant or represent that the functions contained in GoWatchit.com will be uninterrupted or error free, that defects will be corrected or that GoWatchit.com or the server(s) that makes it available are free of defects, viruses or bugs. Plexus does not represent or warrant as to the full functionality, accuracy or reliability of any features and/or material contained in GoWatchit.com. Plexus may terminate, change, suspend or discontinue any aspect of GoWatchit.com, including, without limitation, the availability of any features and/or functions of GoWatchit.com, at any time without notice or liability.

9.    LIMITATIONS ON LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PLEXUS AND/OR ITS EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF GOWATCHIT.COM, THE DELAY OR INABILITY TO USE GOWATCHIT.COM, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES AND/OR FUNCTIONALITY, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH GOWATCHIT.COM, OR OTHERWISE ARISING OUT OF THE USE OF GOWATCHIT.COM, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PLEXUS OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN STATES / JURISDICTIONS IN WHICH LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES ARE PROHIBITED, SUCH LIMITATIONS SHALL ONLY APPLY TO THE EXTENT PERMITTED. IF YOU ARE DISSATISFIED WITH ANY PORTION OF GOWATCHIT.COM OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING GOWATCHIT.COM AND THE SERVICES PROVIDED THEREIN.

10.    LAW AND JURISDICTION

These Terms of Use shall be governed and construed in accordance with the laws of the State of New York. Disputes arising from these Terms of Use or your use of GoWatchit.com shall be exclusively subject to the jurisdiction of the courts of New York. Any cause of action you may have with respect to your use of GoWatchit.com must be commenced within one year after the claim or cause of action arises. Plexus makes no representation that materials or services on GoWatchit.com are appropriate or available for use at locations outside of the United States and access to such materials and services from territories where such materials and services are illegal is strictly prohibited. If you access GoWatchit.com from a location outside of the United States, you are responsible for compliance with all local laws.

11.    COPYRIGHT AND OTHER INTELLECTUAL PROPERTY

All content included on GoWatchit.com, including, without limitation, text, graphics, logos, button icons, images, audio clips, video clips, digital downloads and data compilations is the exclusive property of Plexus or its content suppliers and is protected by United States and international copyright laws. All software used on GoWatchit.com and in connection with its operation and delivery is the exclusive property of Plexus or its licensors and is protected by United States and international copyright laws. Plexus Entertainment, GoWatchit.com, The Watch It Button and other Plexus marks, graphics, logos, scripts and sounds are trademarks of Plexus and may not be copied, downloaded or otherwise exploited.

12.    NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

If you believe that any content appearing on GoWatchit.com, including content created and displayed by Plexus, user generated content or other material provided through a link, infringes your copyright, you should notify Plexus of your infringement claim in accordance with the procedure set forth below. Plexus will process each notice of alleged infringement that it receives and will take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to Plexus’ copyright agent at info@gowatchit.com (Subject line: DMCA Takedown Request). You may also contact us by mail or facsimile at:

Attention: Copyright Agent
Plexus Entertainment LLC
14 Murray Street, #103
New York, NY 10007
Facisimile: (866) 887-9103

To be effective, the notification must be in writing and contain the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on GoWatchit.com that is reasonably sufficient to enable Plexus to identify and locate the material; (iv) how Plexus can contact you, such as your address, telephone number and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or by law; and (vi) a statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material. Emails sent to info@gowatchit.com for purposes other than communication about copyright infringement may not be answered. Plexus has a policy of denying use of GoWatchit.com to repeat infringers under appropriate circumstances.

Last Revised: October 17, 2011

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