Subscriber Terms & Agreement
STATEMENT OF GENERAL TERMS & CONDITIONS
1. Subscription Terms
This Online Movie Network(tm) Subscriber Agreement (this "Agreement") is made by and between Clear Intelligence Networks ("CIN") and you, a Certificate applicant, and governs your application for, issuance and use of Online Movie Network services, including downloading video/movie content through CIN’s Remote Access service (the “Certificate”). By accepting this Agreement, you represent that you have express authority to apply for and accept the Agreement on behalf of either (i) the organization named on the enrollment form (“Subscriber”), or (ii) an internet service provider, hosting company, or who has express authority from the organization to apply for and accept the Agreement on such organization’s behalf. To the extent that performs any obligations on behalf of the organization, the term “Subscriber” shall also apply to both the organization and the Subscriber agree to be bound by the terms of this Agreement.
Subscriber Obligations. In addition to complying with the Agreement incorporated by reference into this Agreement, Subscriber shall comply with each of the following obligations: (a) provide information on the enrollment form that is correct and accurate, (b) generate a secure network key using industry best practices; (c) use the Certificate exclusively for authorized and legal Public and Private operations consistent with this Agreement; (d) protect the confidentiality of the subscriber’s video/movie content from unauthorized use, access or disclosure; (e) use the Certificate only in conjunction with properly licensed cryptographic software, (f) promptly request that CIN revoke the Certificate upon any change to the information on the Certificate or the enrollment form, including, but not limited to the change of the organization name or domain name registration of Subscriber, (g) promptly request that CIN revoke the Certificate upon any actual or suspected loss, disclosure, or other compromise of secure network key, and (h) install the Certificate on no more than one server at a time (unless Subscriber has purchased additional licenses). Any failure of Subscriber to comply with the obligations under this shall be a material breach of the Agreement. Subscriber can download as many videos/movies as they want, excluded pornography and hatred format.
2. Subscriber’s Benefits and Fee
The Subscriber Benefit package includes 5GB of storage space for loading and unloading videos/movies content(if you want to purchase more space, contact Support or call them here with ext.1243644), a merchant account for the sales of the movies/videos from the Online Movie Network member’s website(that we design for each member who sign-up with the Online Movie Network), the security of the website from privacy and spyware content to download the subscriber’s movie/video illegally, and 75% of all sales from the viewing of the movie/video from the first night and 85% of all sales from the DVD/Video downloads after the viewing of the movie/video from the online theater/cinema. The subscriber only thing is promoting the premiere of the movie (flyers, posters, etc.).
The Fee for the membership is $50 a month, which is the benefits above and the upkeep of the website and merchant account, updates of new features for the subscribers.
3. Subscriber’s Information
Subscriber Information. Except as provided herein, information regarding Subscriber that is submitted on the enrollment form will be kept confidential by CIN and CIN shall not release such information without the prior consent of the Subscriber. Notwithstanding the foregoing, CIN may make such information available to (a) courts, law enforcement agencies or other third parties (including release in response to civil discovery) upon receipt of a court order or subpoena or upon the advice of CIN's legal counsel, (b) law enforcement officials and others for the purpose of investigating suspected fraud, misrepresentation, unauthorized access, or potential illegal activity by the Subscriber as determined in the reasonable judgment of CIN, or (c) to Subscriber or others upon request submitted by the Subscriber in a form satisfactory to CIN. In addition, the foregoing confidentiality obligation shall not apply to information appearing on Certificates, information relating to Certificate revocation, or to information regarding Subscribers that is already in the possession of or separately acquired by CIN. Notwithstanding the above, Subscriber hereby acknowledges and agrees that CIN (a) may publish or otherwise disclose the serial number and other information contained on the Certificate in connection with CIN's dissemination of Certificate status information; and (b) may collect information regarding the use of Certificates and disclose such information in its aggregated form.
4. Term and Termination.
The term of this Agreement shall begin on the date the enrollment form is submitted to CIN and shall terminate immediately upon the earlier of (a) the end of the Certificate's stated validity period, (b) the revocation of the Certificate, (c) the rejection of the enrollment form, or (d) thirty (30) days after receipt of notice by Subscriber from CIN regarding a breach by Subscriber of its obligations under this Agreement which remains uncured for such period of time.
Upon the termination of this Agreement for any reason, CIN shall revoke the Certificate. Upon the revocation of the Certificate for any reason, Subscriber shall have no right in and shall not use the Certificate in any manner. Notwithstanding the foregoing, any use of the Certificate prior to the revocation of the Certificate or termination of this Agreement shall not be affected thereby.
5. Disclaimer of Warranties.
Subscriber acknowledges the inherent possibility of the compromise of Subscriber's Secure Network Key, which may or may not be detected, and the possible use of a stolen or compromised Secure Network Key to forge Subscriber's digital signature. CIN EXPRESSLY DISCLAIM AND MAKE NO REPRESENTATION, WARRANTY OR COVENANT OF ANY KIND, WHETHER EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, WITH RESPECT TO THE SERVICES PROVIDED OR THE CERTIFICATE ISSUED HEREUNDER, INCLUDING WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE OF THE SERVICES OR CERTIFICATE, AND ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, TERMS AND OBLIGATIONS IMPLIED BY STATUTE OR COMMON LAW, TRADE USAGE, COURSE OF DEALING OR OTHERWISE ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. CIN FURTHER DISCLAIM AND MAKE NO REPRESENTATION, WARRANTY OR COVENANT OF ANY KIND, WHETHER EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, TO SUBSCRIBER OR ANY THIRD PARTY THAT (A) ANY SUBSCRIBER TO WHICH IT HAS ISSUED A CERTIFICATE IS IN THE FACT THE PERSON, ENTITY OR ORGANIZATION IT CLAIMS TO BE IN THE INFORMATION SUPPLIED TO CIN, (B) A SUBSCRIBER IS IN FACT THE PERSON, ENTITY OR ORGANIZATION LISTED IN A CERTIFICATE, OR (C) THAT THE INFORMATION CONTAINED IN THE CERTIFICATES OR IN ANY CERTIFICATE STATUS MECHANISM COMPILED, PUBLISHED OR OTHERWISE
DISSEMINATED BY CIN OR THE RESULTS OF ANY CRYPTOGRAPHIC METHOD IMPLEMENTED IN CONNECTION WITH THE CERTIFICATES IS ACCURATE, AUTHENTIC, COMPLETE OR RELIABLE.
6. Disclaimer of Damages and Limitations of Liability.
IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF CIN TO SUBSCRIBER OR ANY THIRD PARTY FOR ALL CLAIMS RELATED TO THE USE OF OR RELIANCE ON A CERTIFICATE OR FOR THE SERVICES PROVIDED HEREUNDER INCLUDING WITHOUT LIMITATION ANY CAUSE OF ACTION MADE IN CONTRACT, TORT OR STRICT LIABILITY EXCEED THE AMOUNTS PAID BY SUBSCRIBER TO CIN UNDER THIS AGREEMENT. UNDER NO CIRCUMSTANCES SHALL CIN BE LIABLE TO SUBSCRIBER OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, EVEN IF SUBSCRIBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSIONS OF INCIDENTAL AND CONSEQUENTIAL DAMAGES MAY NOT APPLY TO SUBSCRIBER BUT SHALL BE GIVEN EFFECT TO THE FULL EXTENT PERMITTED BY LAW.
7. Notices.
Any notices between the parties shall be in electronic writing. The parties shall send all notices by e-mail or first class mail. Notices shall be effective upon receipt. CIN shall send notices to Subscriber at the e-mail address provided in the enrollment form. Subscriber shall send notices in writing to the following address: operations@clearintelnet.com
8. No Other Rights.
By virtue of this Agreement, Subscriber does not acquire any right, title or interest of any kind in or to any trademark, trade name, service mark, logo, patent, copyright, or other proprietary right of CIN.