Terms of Service
Welcome to Einthusan
Einthusan ("we" or "us") provides an online video service offering a selection of television shows, movies, clips, and other content (collectively, the "Content"). Our video service, the Content, our player for viewing the Content (the "Video Player") and any other features, tools, applications, materials, or other services offered from time to time by Einthusan in connection with its business, however accessed, are referred to collectively as the "Einthusan Services."
The Content is available for permissible viewing on or through the following (collectively, the "Properties"):
- Einthusan (the "Einthusan Site");
- Einthusan's affiliate and distributor websites;
- other websites where users or website operators are permitted to embed the Video Player; and
- Einthusan authorized applications, features or devices.
3. ACCESS AND USE OF THE EINTHUSAN.COM SERVICES
Age Limitations. If you are under the age of 13, then you are not permitted to register with Einthusan or use any feature or other part of the Einthusan Services that requires registration. In order to subscribe to Einthusan, you must be at least 18 years of age. Please note for those under 18 years of age, if your parent or guardian subscribes to Einthusan and authorizes you to access his or her Einthusan account then you will not be able to access all of the Content offered as part of the Einthusan service if we have been informed during the registration process for the account that the primary user of such account will be under 18 years of age. Parents and guardians and users under the age of 18 must review these Terms with each other to make sure that each understands and agrees with them. You represent that you are at least 13 years of age if you are registering an account, and, if you are a Einthusan user, that you are at least 18 years of age or you have received consent from your parent or guardian to access his or her Einthusan account.
Your License. Einthusan is pleased to grant you a non-exclusive limited license to use the Einthusan Services on the Properties, including accessing and viewing the Content on a streaming-only basis through the Video Player, for personal, non-commercial purposes as set forth in these Terms.
The Content. You may only access and view the Content personally and for a non-commercial purpose in compliance with these Terms. 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. You may not either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content unless expressly permitted by Einthusan in writing. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by Einthusan in writing. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by Einthusan. You may not build a business utilizing the Content, whether or not for profit. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by Einthusan in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
The Video Player. You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of the Video Player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Video Player. This restriction includes, without limitation, disabling, reverse engineering, modifying, interfering with or otherwise circumventing the Video Player in any manner that enables users to view the Content without: (i) displaying visibly both the Video Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the webpage where the Video Player is located; and (ii) having full access to all functionality of the Video Player, including, without limitation, all video quality and display functionality and all interactive, elective, or click-through advertising functionality.
Embedding a Video Using the Video Player. Where Einthusan has incorporated an embed option in connection with Content on the Einthusan Services, you may embed videos using the Video Player, provided you do not embed the Video Player on any website or other location that (i) contains or hosts content that is unlawful, infringing, pornographic, obscene, defamatory, libelous, threatening, harassing, vulgar, indecent, profane, hateful, racially or ethnically offensive, encourages criminal conduct, gives rise to civil liability, violates any law, rule, or regulation, infringes any right of any third party including intellectual property rights, or is otherwise inappropriate or objectionable to Einthusan (in Einthusan's sole discretion), or (ii) links to infringing or unauthorized content (collectively, "Unsuitable Material"). You may not embed the Video Player into any hardware or software application, even for non-commercial purposes. Einthusan reserves the right to prevent embedding to any website or other location that Einthusan finds inappropriate or objectionable (as determined by Einthusan in its sole discretion).
Ownership. You agree that Einthusan owns and retains all rights to the Einthusan Services. You further agree that the Content you access and view as part of the Einthusan Services is owned or controlled by Einthusan and Einthusan's licensors. The Einthusan Services and the Content are protected by copyright, trademark, and other intellectual property laws.
Your Responsibilities. In order for us to keep the Einthusan Services safe and available for everyone to use, we all have to follow the same rules of the road. You and other users must use the Einthusan Services for lawful, non-commercial, and appropriate purposes only. Your commitment to this principle is critical. You agree to observe the Einthusan Services, Content, Video Player and embedding restrictions detailed above, and further agree that you will not access the Einthusan Site or use the Einthusan Services in a way that:
- violates the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;
- uses technology or other means to access, index, frame or link to the Einthusan Services (including the Content) that is not authorized by Einthusan (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of the Einthusan Services);
- involves accessing the Einthusan Services (including the Content)through any automated means, including "robots," "spiders," or "offline readers" (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices - but not caches or archives - of the Einthusan Services and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);
- introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- damages, disables, overburdens, impairs, or gains unauthorized access to the Einthusan Services, including Einthusan's servers, computer network, or user accounts;
- removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the Einthusan Services (including the Content);
- uses the Einthusan Services to advertise or promote services that are not expressly approved in advance in writing by Einthusan;
- encourages conduct that would constitute a criminal offense or give rise to civil liability;
- violates these Terms or any guidelines or policies posted by Einthusan;
- interferes with any other party's use and enjoyment of the Einthusan Services; or
- attempts to do any of the foregoing.
If Einthusan determines in its sole discretion that you are violating any of these Terms, we may (i) notify you, and (ii) use technical measures to block or restrict your access or use of the Einthusan Services. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the Einthusan Services, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.
No Spam/Unsolicited Communications. We know how annoying and upsetting it can be to receive unwanted email or instant messages from people you do not know. Therefore, no one may use the Einthusan Services to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. You understand that we may take any technical remedies to prevent spam or unsolicited bulk or other communications from entering, utilizing, or remaining within our computer or communications networks. If you Post (as defined below in Section 7) or otherwise send spam, advertising, or other unsolicited communications of any kind through the Einthusan Services, you acknowledge that you will have caused substantial harm to Einthusan and that the amount of such harm would be extremely difficult to measure. As a reasonable estimation of such harm, you agree to pay Einthusan $50 for each such unsolicited communication you send through the Einthusan Services.
Downloads. In order to participate in certain Einthusan Services or access certain Content, you may be notified that it is necessary to download software or other materials or agree to additional terms and conditions. Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into these Terms.
Internet Access Charges. You are responsible for any costs you incur to access the internet.
Customer Service. If we can be of help to you, please do not hesitate to contact us via the contact box at the bottom of every page. It would be our pleasure to serve you.
4. ACCOUNTS AND REGISTRATION
We may from time to time offer various features that require registration or the creation of an account with Einthusan. If at any time you choose to register or create an account with us, the additional terms and conditions set forth below also will apply.
All registration information you submit must be accurate and updated. Please keep your password confidential. You will not have to reveal it to any Einthusan representative. You are responsible for all use on your account, including unauthorized use by any third party, so please be very careful to guard the security of your password. Please notify us as soon as you know of, or suspect any unauthorized use of, your account. Please also make sure to notify us if your registration information changes, in case we need to contact you.
5. COLLECTION AND USE OF PERSONAL INFORMATION
6. USER REVIEWS, COMMENTS, AND OTHER MATERIAL
Your Posts.As part of the Einthusan Services, users may have an opportunity to publish, transmit, submit, or otherwise post (collectively, "Post") reviews, comments, articles, or other materials (collectively, "User Material"). In order to keep the Einthusan Services enjoyable for all of our users, you must adhere to the rules below.
Please choose carefully the User Material that you Post. Please limit yourself to User Material directly relevant to the Einthusan Services. Moreover, you must not Post User Material that: (i) contains Unsuitable Material (as defined above in Section 3); or (ii) improperly claims the identity of another person. Please note that we use your first and last name as your user ID and therefore your first and last name will appear to the public each time you Post. We advise that you do not, and you should also be careful if you decide to, Post additional personally identifiable information, such as your email address, telephone number, or street address.
You must be, or have first obtained permission from, the rightful owner of any User Material you Post. By submitting User Material, you represent and warrant that you own the User Material or otherwise have the right to grant Einthusan the license provided below. You also represent and warrant that the Posting of your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your Posting User Material. Einthusan will remove all User Material if we are properly notified that such User Material infringes on another person's rights. You acknowledge that Einthusan does not guarantee any confidentiality with respect to any User Material.
Third Party Posts.Despite these restrictions, please be aware that some material provided by users may be objectionable, unlawful, inaccurate, or inappropriate. Einthusan does not endorse any User Material, and User Material that is Posted does not reflect the opinions or policies of Einthusan. We reserve the right, but have no obligation, to monitor User Material and to restrict or remove User Material that we determine, in our sole discretion, is inappropriate or for any other business reason. In no event does Einthusan assume any responsibility or liability whatsoever for any User Material, and you agree to waive any legal or equitable rights or remedies you may have against Einthusan with respect to such User Material. You can help us tremendously by notifying us of any inappropriate User Material you find. If a "report" feature through the Einthusan Services is not available for a specific instance of inappropriate User Material, please email [email protected] and feedb[email protected] (subject line: "Inappropriate User Material").
7. LINKED DESTINATIONS AND ADVERTISING
Einthusan is not responsible for the content or practices of any website or destination other than the Einthusan Site, even if it links to the Einthusan Site and even if the website or destination is operated by a company affiliated or otherwise connected with Einthusan. By using the Einthusan Services, you acknowledge and agree that Einthusan is not responsible or liable to you for any content or other materials hosted and served from any website or destination other than the Einthusan Site.
Advertisements.Einthusan takes no responsibility for advertisements or any third party material Posted on any of the Properties, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while using the Einthusan Services are between you and the advertiser, and you agree that Einthusan is not liable for any loss or claim that you may have against an advertiser.
Einthusan, the Einthusan logo, einthusan.com, einthusan.tv, and other Einthusan marks, graphics, logos, scripts, and sounds are trademarks of Einthusan. None of the Einthusan trademarks may be copied, downloaded, or otherwise exploited.
9. UNSOLICITED SUBMISSIONS
It is Einthusan's policy not to accept unsolicited submissions, including scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas, or concepts. Einthusan's policy is to delete any such submission without reading it. Therefore, any similarity between an unsolicited submission and any elements in any Einthusan creative work, including a film, series, story, title, or concept, would be purely coincidental.
10. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY
WHILE WE DO OUR BEST TO PROVIDE THE OPTIMAL PERFORMANCE OF THE EINTHUSAN SERVICES, YOU AGREE THAT USE OF THE EINTHUSAN SERVICES IS AT YOUR OWN RISK. THE EINTHUSAN SERVICES, INCLUDING THE EINTHUSAN SITE AND THE OTHER PROPERTIES, THE CONTENT, THE VIDEO PLAYER, USER MATERIAL, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH THE PROPERTIES, ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, EINTHUSAN DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE EINTHUSAN SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE.
IN NO EVENT SHALL EINTHUSAN OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT LICENSORS) (COLLECTIVELY, THE "EINTHUSAN PARTIES"), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE EINTHUSAN SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH THE PROPERTIES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE EINTHUSAN PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE EINTHUSAN SERVICE OR $50 (WHICHEVER IS LESS).
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE EINTHUSAN PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE EINTHUSAN SERVICES (INCLUDING YOUR USE OF THE CONTENT). EINTHUSAN RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.