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Terms of Use

OVERVIEW

Thank you for choosing to be a part of Docunight. We are a subscription-based platform, providing documentaries, mostly about Iran or made by Iranian directors. 

The following are our detailed terms and conditions policy. You should read and understand them as they govern your use of our websites, applications, or online services. These Terms of Use provide that all disputes between you and Kiarostami Foundation (or Docunight”) will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Arbitration Agreement below for the details regarding your agreement to arbitrate any disputes with Docunight.

These Terms of Use are also a resource for you to gain a deeper understanding of how our service works, including the kinds of data we collect, our billing practices, how we interact with you, policies for interacting with the rest of our community and other useful details about our service. We encourage you to revisit these Terms of Use when you have a question about the service or want to know how something works. For your convenience, we’ve indexed the Terms of Use to help you more easily navigate and access areas of interest, because it is the least we can do to reward you for reading even this far into this legal document.  Bravo for caring so much about your child’s safety!

ACCEPTANCE OF TERMS OF USE

These Terms of Use, which include our Privacy Policy and End User License Agreement (“EULA”) govern your use of the Docunight service, including all features and functionalities, instant streaming, applications, our website, and user interfaces, and all content and software associated therewith (the “Docunight service” or “service”). By using, visiting, or browsing the Docunight service, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you should not use the Docunight service, including our website and user interfaces.

These Terms of Use govern your use of the Docunight service and you should read them carefully. The Docunight service is provided by the Kiarostami Foundation or one of its affiliated companies.

CHANGES TO TERMS OF USE

Docunight reserves the right, from time to time, with or without notice to you, to change these Terms of Use, including the Privacy Policy and EULA, in our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by visiting our website and clicking on “Terms of Use” located at the bottom of the pages of the Docunight website. The most current version of the Terms of Use will supersede all previous versions, and your continued use is acceptance of the most current version of the Terms of Use.  We encourage you to revisit these Terms of Use from time to time for the most up to date information. 

OPENING A Docunight ACCOUNT

To use Docunight, you must first open an account with us (the “Account”). To do so you must:

  • be at least 18 years old; and
  • provide complete and accurate registration information;
  • provide a valid working email account at which you can receive communications from Docunight about your Account’s uses of the Service.

PASSWORDS; RESPONSIBILITY FOR USERS

As part of setting up an Account, you will be asked to provide a password to use to access your Account. Please keep this password safe and secure. You are solely responsible for any and all activity that occurs while you and/or other authorized and permitted users are logged into your Account. You may not share your Docunight Account with more than the number of authorized users. All Accounts are non-transferable.

YOUR CONDUCT IN ACCESSING THE Docunight SERVICE

As a member of this community, we ask that in all your actions you act to help protect the atmosphere that allows that.  Docunight holds and will exercise its right to edit, delete, or change comments and remove users at any time, without notice or explanation, if it feels that a safe atmosphere is being compromised.  

To the extent the Account or such offering provides the capability, as the user(s) of the Account and any of our offerings associated with Docunight, you agree that you will not and will not allow your children to:

  • abuse, harass, threaten, impersonate or intimidate others via any Docunight Account, or transmit to other users via Docunight Account, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually-oriented, threatening, harassing, discriminatory, racially offensive or illegal material;
  • contribute any user submission that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party;
  • You also agree not to impersonate any other person while using the Docunight service, conduct yourself in a vulgar or offensive manner while using the Docunight service, or use the Docunight service for any unlawful purpose.
  • decompile, disassemble or otherwise reverse engineer, or obtain access to any materials or information through “hacking,” “data harvesting,” or through other means, we have not intentionally made available to you through the Account or any of our offerings or any aspect thereof, or otherwise circumvent any technological measure that controls access thereto;
  • encumber, transfer, sublicense, distribute, reproduce, create derivative works of or otherwise modify any products or services made available through access to the Docunight Account or any of our offerings;
  • use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of a Docunight Account or any of our offerings;
  • disclose, harvest, or otherwise collect information, including e-mail addresses, or other private information about any third party without that party’s express consent; or
  • bypass any measures we may use to prevent or restrict access to a Docunight Account or any of our offerings;
  • engage in any activity intended to obtain password, account, or private information from any user;
  • transmit unwanted email or other communications;
  • submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops) or off-topic content;
  • take any action that might impose an unreasonable or disproportionately large load on our infrastructure;
  • interfere or attempt to interfere with the proper working of the Account or any of our offerings or any other activities conducted on any site or app via any Docunight Account or any of our offerings;
  • state or suggest, directly or indirectly, that Docunight endorses you any user-generated content;
  • use the Docunight Account or any of our offerings for any purpose that is unlawful or prohibited by these Terms. For example, you will not use the Account or any of Docunight offerings to breach any law, statute, or regulation (including, without limitation, those governing consumer protection, unfair competition, anti-discrimination, or false advertising).

We reserve the right to enforce the above Code of Conduct where we deem necessary and reserve the right (but do not assume any obligation) to monitor your use of your Account (or any of our offerings). Due to our use of monitoring, filtering, and other methods for enforcing our Code of Conduct, your activities on a Docunight Account (or any of our offerings) will not remain “private” or otherwise be free of our review; however, any monitoring or other actions we take will comply fully with our Privacy Policy.

By accessing the Docunight service, including the Docunight website and user interfaces, you agree to use the Docunight service, including all features and functionalities associated therewith, the website and user interfaces and all content and software associated therewith in accordance with all applicable laws, rules and regulations, including public performance limitations or other restrictions on the use of the service or content therein. In addition, you agree not to upload, post, email or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Docunight service. 

You agree that all of the foregoing restrictions apply not only to the Docunight service but also to the servers and networks connected to any portions of the Docunight service whether operated by Docunight or third parties (“Networks”). You agree not to interfere with Networks, violate any of the procedures, policies or regulations applicable to Networks, use Networks in a way that harms or impairs anyone else’s use of Networks, use Networks to gain unauthorized access to any service, data, account or other networks, use Networks to falsify any protocol or email header information (e.g., “spoofing”), use Networks to send “spam” (i.e., unsolicited bulk email or commercial messages) or items of a destructive or deceptive nature, or remove, modify, or tamper with any regulatory or legal notice or link that is incorporated into Networks. Docunight has restricted ability for accounts to be accessed by multiple IP addresses. If a subscriber shares their account login information with others, Docunight reserves the right to cancel and terminate the subscriber’s account.

PRIVACY AND COMMUNICATIONS PREFERENCES

Any personally identifying information submitted through the Docunight service is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices. The date of any changes to our Privacy Policy will be noted at the bottom of the policy. By using our service, you are consenting to receive certain communications from us. For example, Docunight may send you newsletters about new Docunight features, special offers, promotional announcements and customer surveys via email or other methods. By using the Docunight service, you consent to receive electronic communications from Docunight. These communications will include notices about your account (e.g., change in password or Payment Method, confirmation e-mails and other transactional information) and information concerning or related to our service. These communications are part of your relationship with Docunight and you receive them as part of the Docunight membership. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You may opt-out of any communication upon request at any time.

SUBSCRIPTION AND BILLING

You can find the specific details regarding your membership with Docunight at any time by visiting our website and clicking on the “My Account” link. 

We may offer a number of membership plans, including special promotional plans or memberships with different limitations. Some of these promotional memberships may be offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered membership plans. Unless otherwise stated differently, month or monthly refers to a billing cycle (See “Billing” below). If we alter the offered membership plan price of Docunight as a promotion or permanently, this will not alter the membership plan you are currently on. Docunight holds the right to change pricing on memberships plans, subscription fees, or promotions at any time.  

BILLING

By starting your Docunight membership, you are expressly agreeing that we are authorized to charge you a periodic membership fee at the current rate, and any other charges you may incur in connection with your use of the Docunight service to the Payment Method you provided during registration (or to a different Payment Method if you change your account information). Please note that prices and charges are subject to change without prior notice. As used in these Terms of Use, “billing” shall indicate either a charge or debit, as applicable, against your Payment Method. 

The membership fee will be billed at the beginning of the paying portion of your membership or after the stated free trial period and each period thereafter unless and until you cancel your membership. We automatically bill your Payment Method each period on the calendar day corresponding to the commencement of your paying membership. Membership charges are fully earned upon payment. In the event your paying membership began on a day not contained in a given month, we bill your Payment Method on the last day of such month. You acknowledge that the amount billed each period may vary from for reasons that may include differing amounts due to promotional offers and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed periodically in one or more charges. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or related charges. Check with your bank and credit card issuers for details. 

If you are eligible and have signed up for a free trial, your Payment Method will be authorized for up to approximately one month of service during free trials; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your free trial period. We may also periodically authorize your card in anticipation of membership or related charges. Membership fees and charges are fully earned upon payment. At any time, and for any reason, we MAY provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. 

We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email. If you want to use a different Payment Method or if there is a change in Payment Method, such as your credit card validity or expiration date, you may edit your Payment Method information by visiting our website and clicking on the “My Account” link, available at the top of the pages of the Docunight website. If your Payment Method reaches its expiration date and you do not edit your Payment Method information your subscription will be terminated.

ONGOING MEMBERSHIP

A Docunight membership will continue unless you cancel your membership or we terminate it. You must cancel your membership before it renews each period in order to avoid billing of the next period’s membership fees to your Payment Method. We will bill the membership fee to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). Membership fees are fully earned upon payment.

CANCELLATION

You may cancel your Docunight membership at any time. Subscriptions based on the payment provider PayPal will be canceled immediately, while subscriptions based on credit/debit cards and/or ACH bank draft will be canceled at the end of the current billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY UNWATCHED MOVIES OR TV SHOWS. To cancel, visit our website and click on “Cancel Membership” on the “My Account” page and follow the instructions for cancellation under the heading “Cancel Membership.”

RIGHT TO TERMINATE

Docunight reserves the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.

AVAILABILITY

The availability of movies and videos to instantly watch will change from time to time, and from country to country. The quality of the display of the streaming movies and videos may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. Docunight streams a little bit of data as a buffer each time you start a movie or TV show. Frequently starting and stopping movies, videos, songs & TV shows will result in a minor increase to the amount of data Docunight streams to you per hour. In most cases, this will be less than a few minutes worth. You are responsible for all Internet access charges. Please check with your Internet service provider for information on possible Internet data usage charges. Docunight makes no representations or warranties about the quality of your instant watching experience on your display.

CONTENT LOAD TIME

The time it takes to begin watching a video instantly will vary based on a number of factors, including your location, available bandwidth at the time, the movies and videos you have selected and the configuration of your Docunight ready device. For example, high-speed action scenes or special effects at the opening of a movie or video may slightly delay its start time. In addition, you must be connected to the Internet throughout the watch instantly experience.

DEVICE REQUIREMENTS AND LIMITATIONS

To enjoy watching instantly via your supported device(s), your equipment must satisfy certain system requirements. YOU WILL BE ALLOWED TO INSTANTLY WATCH ON ONE SUCH DEVICE AT ANY GIVEN TIME. The number of devices and concurrent streams may change without notice to you.

GEOGRAPHIC LIMITATION

You may instantly watch a movie or video through the Docunight service only in geographic locations where we offer our service and have licensed such movies or videos. The content that may be available to watch will vary by geographic location. Docunight will use technologies to verify your geographic location.

Docunight STREAMING SOFTWARE

Docunight content, websites, and applications are designed to enable instant streaming of content from Docunight through Docunight ready devices. This software may vary by device and medium, and functionalities may also differ between devices. For example, this software may be embedded in a Docunight ready device or we may offer this software to be downloaded onto a device This software is licensed to you by Docunight pursuant to these Terms of Use and solely for the purpose of using the Docunight service and for no other purpose whatsoever. WE DO NOT WARRANT THE PERFORMANCE OF THIS SOFTWARE, INCLUDING ITS CONTINUING COMPATIBILITY WITH OUR SERVICE. Please refer to the Disclaimers of Warranties and Limitations of Liability set forth in these Terms of Use. You may not copy or reproduce the software nor may you decompile, reverse engineer, disassemble, modify or create derivative works of any of the software, or any portion thereof. Any unauthorized use of the software is strictly prohibited and Docunight reserves the right to not provide the software (including updates) to you at any time and to discontinue the ability to access the Docunight service through such software at any time, without prior or any notice.

Furthermore, Docunight reserves the right to discontinue service and/or support of a software application and will not be responsible for refunding a payment as long as another software application is available to stream Docunight content. We also reserve the right to make available new software applications and will not be responsible for refunding payment because of the software application not being previously available.

END USER LICENSE AGREEMENT

BY USING OUR SERVICE, YOU ACKNOWLEDGE AND AGREE (1) TO THE DOCUNIGHT END USER LICENSE AGREEMENT AS SUCH MAY BE AMENDED OR ADDED TO FROM TIME TO TIME AND (2) TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE Docunight AND RELATED THIRD-PARTY SOFTWARE.

We do not warrant that any of the software used and or licensed in connection with our service will be compatible with other third party software nor do we warrant that operation of our service and the associated software will not damage or disrupt other software or hardware. In addition, Docunight ready devices are manufactured and sold by entities other than Docunight. A Docunight ready device is any electronics equipment that is authorized to decode and capable of decoding movies and videos that are transmitted over the Internet by Docunight. These devices may include mobile devices, stand-alone set-top boxes, Internet-connected Blu-ray DVD players, Internet-connected HDTVs, and game consoles. AS SUCH, WE DO NOT TAKE RESPONSIBILITY OR OTHERWISE WARRANT THE PERFORMANCE OF THESE DEVICES, INCLUDING THE CONTINUING COMPATIBILITY OF THE DEVICE WITH OUR SERVICE. By using our service, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the Docunight service. Any issues related to our service, including any system requirements, are covered and limited by these Terms of Use. Please refer to the Disclaimers of Warranties and Limitations of Liability set forth in these Terms of Use.

In response to requests from content providers, or due to technical limitations, or for any reason in our sole and absolute discretion, and without prior notice to you, some or all videos may cease to be available for watching instantly.

PASSWORDS

The member who created the Docunight account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over the Docunight account. The Account Owner’s control is exercised through the use of the Account Owner’s password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting Docunight Customer Service and potentially altering the Account Owner’s control, the Account Owner should not reveal the Payment Method details (e.g., last four digits of their credit or debit card, or their email address if they use PayPal) associated with their account. BY SHARING THE Docunight SERVICE PASSWORD, THE ACCOUNT OWNER AGREES TO BE RESPONSIBLE FOR ASSURING THAT HOUSEHOLD MEMBERS COMPLY WITH THE TERMS OF USE AND SUCH ACCOUNT OWNER SHALL BE RESPONSIBLE FOR THE ACTIONS OF THE HOUSEHOLD MEMBERS.

FEEDS

Members from certain countries may have access to RSS feeds as a convenient way to pass information about your Docunight account or that is publicly available on the Docunight site to your RSS reader or an RSS-associated website of your choice. RSS stands for Really Simple Syndication. It allows information to be published in a standard XML format that can be accessed via a URL. Docunight may also choose, at any time, to provide feeds in other formats, such as Atom. All use of the RSS and other feeds (“Feeds”), including obtaining a Feed from the Docunight website or receiving it into an application or website or displaying the content received from such Feeds, is at your own option and risk and is covered by the Terms of Use for the Docunight. By using the Docunight Feeds, you agree to be bound by the Terms of Use for Docunight Feeds. In particular, you acknowledge and agree that you are consenting to the information about your account being transferred to the location of the Feed as enabled by you and that your use of a Feed may cause personally-identifying information to be associated with you, even if such information is not provided by the Feed.

APPLICATIONS

You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) (“Application(s)”) that interact with the Docunight service. These Applications may import data related to your Docunight account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and Docunight is not responsible for and does not endorse the content of such Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO, ASSOCIATED WITH OR SPONSORED BY Docunight AND MAY NOT BE AUTHORIZED FOR USE WITH OUR SERVICE IN ALL COUNTRIES. Some of these Applications may even use Docunight trademarks. Unless otherwise noted by Docunight on the Docunight website, Docunight is not responsible for and does not endorse the content of such Applications. You will need to make your own independent judgment regarding your interaction with these Applications. If you choose, at your sole and absolute discretion and risk, to use an Application, such Application may interact with, connect to or gather and/or pull information from and to your Docunight account. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information relating to your Docunight account, you are consenting to the information about your account being shared; (ii) your use of an Application may cause personally-identifying information to be publicly disclosed and/or associated with you, even if Docunight has not provided such information; and (iii) your USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK, and you will hold Docunight harmless for the sharing of information relating to your Docunight account that results from your use of an Application. You must read all log-in boxes and other pop-up boxes closely for notices about sharing your Docunight account information with, through or by any other means identified on an Application. In addition, the Application’s end user license agreement, terms of use, and/or any other documentation or materials designated by the Application will govern your use of that Application. It is possible that you may be able to revoke an Application’s access to your Docunight account at any time, but information shared prior to revocation may continue to be viewable within, or otherwise continue to be used by, the Application depending on the policies of such Application. If you have any questions, concerns, complaints, or claims about the Applications, you should contact the support or contact personnel of the Application and not Docunight, unless otherwise indicated by Docunight. DOCUNIGHT DISCLAIMS ALL LIABILITY ARISING FROM YOUR USE OF APPLICATIONS.

ACCOUNT ACCESS; IDENTITY PROTECTION

In order to provide you with ease of access to your account and to help administer the Docunight service, Docunight implements technology that enables us to recognize you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the Docunight service. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account. You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your Docunight ready device. If you disclose your password to anyone or share your account and/or devices with other people, you take full responsibility for their actions. Where possible, users of public or shared devices should log out at the completion of each visit. If you sell or return a Docunight ready device, you should logout and/or deactivate the device before doing so. Similarly, if your Docunight ready device is lost or stolen, please deactivate the Docunight ready device. If you fail to log out or deactivate your device, subsequent users may access the Docunight service through your account and may be able to access certain of your account information. If you find that you’re a victim of identity theft and it involves a Docunight account, you should notify Customer Service. Then, you should report this instance to all your card issuers, as well as your local law enforcement agency. Also, you should be mindful of any communication requesting that you submit a credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the Docunight website and not through a hyperlink in an email or any other electronic communication, even if it looks official. Docunight reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. Docunight is not obligated to credit or discount a membership for holds placed on the account by either a representative of Docunight or by the automated processes of Docunight.

DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY

THE DOCUNIGHT SERVICE, INCLUDING OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE Docunight SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE AND OUR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE Docunight SERVICE, OUR WEBSITE, AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH. Docunight DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE Docunight SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT Docunight MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE Docunight SERVICE, INCLUDING FEATURES, WITHOUT COMPENSATION OR NOTICE TO YOU. Docunight SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, DOCUNIGHT READY DEVICES, AND DOCUNIGHT SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE). Without limiting the foregoing, we and our licensors assume no liability or responsibility for any of the following: (i) errors or omissions in the content delivered by the Docunight service or on the Docunight website or user interfaces; (ii) recommendations or advice of Customer Service; (iii) any failure or interruption in the availability of the Docunight service and/or website or user interfaces, (iv) delivery and or display of any content contained on the Docunight website, user interfaces, or otherwise through the Docunight service; and (vii) any losses or damages arising from the use of the content provided on the Docunight website, user interfaces, or otherwise through the Docunight service itself, including any losses or damages arising from downloading of related software, downloading and/or use of any other software, including the remote desktop tool offered by Customer Service, optical media discs or any conduct by users of the Docunight service, website or user interfaces. TO THE EXTENT ALLOWABLE BY LAW, WE AND OUR LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current. We do not make any representations with respect to the content contained on movies & TV shows from the Docunight service or the descriptions of any movie or TV show content contained on our website and user interfaces. We do not represent or guarantee that your use of the Docunight service will be free from interruption, loss, corruption, attack, viruses, interference, hacking, or other security intrusion and we disclaim any liability with respect thereto. No oral or written information or advice is given by us or our authorized representative shall create a warranty or otherwise constitute a representation binding upon Docunight or its affiliated parties.

IN NO EVENT SHALL DOCUNIGHT, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE Docunight SERVICE, OUR WEBSITE, AND USER INTERFACES, AND ALL CONTENTS AND SOFTWARE ASSOCIATED THEREWITH, OR OTHERWISE RELATED TO THE Docunight SERVICE, INCLUDING ANY OPTICAL MEDIA DISCS, FEATURES OR FUNCTIONALITIES ASSOCIATED THEREWITH. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES FOR LOSSES ARISING FROM THE USE OR INABILITY TO USE THE Docunight SERVICE, INCLUDING OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF ONE PERIOD’S MEMBERSHIP FEE ON YOUR MEMBERSHIP PLAN. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION OR OTHER SECTIONS OF THESE TERMS OF USE, INCLUDING ANY PORTION OF THE PRIVACY POLICY OR THE EULA, TO BE UNENFORCEABLE, THEN THOSE PORTIONS DEEMED UNENFORCEABLE SHALL BE SEVERED AND THE TERMS OF USE SHALL BE ENFORCED ABSENT THOSE PROVISIONS AND ANY LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.

DOCUNIGHT MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING Docunight READY DEVICES OR THE COMPATIBILITY OF THE DEVICE WITH OUR SERVICE. Additional disclaimers or limitations of liability may be contained in the various third party software end-user license agreements you may have agreed to in order to access our service.

INTELLECTUAL PROPERTY – COPYRIGHT

The Docunight service, including all content included on the Docunight website and user interfaces, or delivered to members as part of the service, including, but not limited to movies and videos you can watch instantly, text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, are the property of Docunight or its licensors and are protected by the United States and international copyright, trade secret or other intellectual property laws and treaties. The compilation of all content and any software or other materials provided by Docunight on our website and user interfaces, or in connection with the Docunight service are the exclusive property of Docunight and its licensors and are protected by the copyright and trade secret laws in the territories in which the Docunight service operates and by international treaty provisions. Content shall not be reproduced or used without express written permission from Docunight or its licensors. You agree to adhere to the restrictions set forth under “Docunight streaming software” and “Limitations on Use.” You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Docunight service, not to insert any code or product or manipulate the content of the Docunight service in any way, and not to use any data mining, data gathering or extraction method. Docunight reserves the right to terminate your membership hereunder if Docunight, in its sole and absolute discretion, believes that you are in violation of Docunight software restrictions, restrictions against copying movies, videos, songs, or TV shows provided to you by us, or other unauthorized copying or use of our proprietary content in violation of the copyrights of Docunight and its licensors. Docunight does not promote, foster or condone the copying of movies, videos, songs & TV shows or any other infringing activity. The use of the Docunight service, including movies, videos, songs & TV shows made available to you by us, is solely for your personal and non-commercial use. Please see the instructions at the end of these Terms of Use for notifying us of the presence of any allegedly infringing content of the Docunight service, including any on the Docunight website and user interfaces.

INTELLECTUAL PROPERTY – TRADEMARKS

Docunight is a trademark of the Kiarostami Foundation. The Docunight logo and docunight.com are trademarks or service marks of the Kiarostami Foundation. The Docunight website and user interfaces, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of the Kiarostami Foundation. The trademarks, service marks and trade dress of Docunight may not be used or reproduced without prior written approval from the Kiarostami Foundation and may not be used in connection with any product or service that is not affiliated with Docunight, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of Kiarostami Foundation, or in any manner that disparages or discredits Docunight. Other trademarks that appear on the Docunight website and user interfaces are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Docunight. Any images of persons or personalities contained on the Docunight website and user interfaces are not an indication or endorsement of the Kiarostami Foundation or any particular product or our service unless otherwise indicated.

INTELLECTUAL PROPERTY – ENTERTAINMENT AND SERVICE CONTENT

We distribute movies, television, other filmed entertainment, and music and we reserve the right to display and promote the filmed entertainment or other information through our service, including our website and user interfaces, to you in any manner we choose in our sole and absolute discretion. In addition, the Docunight service allows you and other third parties to post reviews or comments concerning the entertainment distributed by us. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties through the Docunight service are those of the respective authors or producers and not of Docunight, or its shareholders, directors, officers, or employees or licensors. Under no circumstances shall Docunight, or its shareholders, directors, officers, directors, or employees or licensors be held liable for any loss or damage caused by your reliance on information obtained through the Docunight service. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Docunight service.

USE OF INFORMATION SUBMITTED

Docunight is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to the Docunight service, including the Docunight website and user interfaces, without further compensation, acknowledgment or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Docunight service. Furthermore, by posting any Feedback on our site, submitting Feedback to us, or in responding to questionnaires, you grant us a perpetual, worldwide, non-exclusive, royalty-free irrevocable license, including the right to sublicense such right, and right to display, use, reproduce or modify the Feedback submitted in any media, software or technology of any kind now existing or developed in the future.

Please note Docunight does not accept unsolicited materials or ideas for use or publication and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Docunight. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Kiarostami Foundation and its affiliates regarding the use of such materials and ideas, even if the material or an idea is used that is substantially similar to the idea you sent.

SERVICE TESTING

From time to time, we test various aspects of our service, including our website, user interfaces, service levels, plans, promotions, features, availability of movies, videos, delivery, and pricing, and we reserve the right to include you in or exclude you from these tests without notice.

LIMITATIONS ON USE

You must be 18 years of age or older to become a member of the Docunight service. In certain jurisdictions, the age of majority may be older than 18, in which case you must satisfy that age in order to become a member. While individuals under the age of 18 may utilize the service, they may do so only with the involvement of a parent or legal guardian, under such person’s account and otherwise subject to these Terms of Use. While Docunight does distribute products that may be watched by children, the Docunight service is not intended to be used by children, without involvement, supervision, and approval of a parent or legal guardian (see also “Parental Controls”). Unless otherwise specified, the Docunight service, and any content viewed through our service, are for your personal and non-commercial use only and we grant you a limited, non-exclusive, non-transferable, license to access the Docunight service for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You may not download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms of Use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Docunight service, without our express written consent. Docunight does not promote, foster or condone the copying of movies & videos, digitally delivered content, or any other infringing activity. You may not circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Docunight service. You may not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Docunight without our express written consent. You may not purchase search terms or use any meta tags or any other “hidden text” utilizing the Docunight name or trademarks without our express written consent. Any unauthorized use of the Docunight service or its contents will terminate the limited license granted by us and will result in the cancellation of your membership.

LINKS AND PAGES

Some of the hyperlinks on the Docunight website may lead to other websites or other content that are not controlled by, or affiliated with, Docunight. In addition, other websites may link to the Docunight website or Docunight may include links to the websites of businesses, including those that have associations with us through certain programs. For example, Docunight may include pages that display and provide information on Applications, Docunight ready devices or other products. These pages may provide links to third party sites where Docunight members may obtain or purchase such Applications and devices. Docunight has not reviewed these websites and is not responsible for the offerings of any of these sites or the content, privacy policies or terms of use of these websites or Applications. You acknowledge and agree that Docunight is not responsible or liable for, and does not otherwise warrant, the actions of these third parties, the products or contents on their websites, or the performance of any Applications and devices. These linked websites have separate and independent privacy statements, notices and terms of use, which we recommend you read carefully. You should also refer to the section of these terms titled “Applications” and “How Our Streaming Service Work.”

PROMOTIONS

Promotional codes may be redeemed on our website. Promotional codes can only be used once and cannot be redeemed for cash, resold or combined with any other offers. If you received a promotional code through an offer by a third party, additional restrictions may apply.

CLAIMS OF COPYRIGHT INFRINGEMENT

It is the policy of Docunight to respect the intellectual property rights of others. Docunight does not condone the unauthorized reproduction or distribution of movies, videos, songs or TV shows, or other copyrighted content. If you believe your work has been reproduced or distributed in a way that constitutes copyright infringement or are aware of any infringing material available through the Docunight service, please notify us at support@docunight.com.

GOVERNING LAW

These Terms of Use shall be governed by and construed in accordance with the laws of the state of California, U.S.A. without regard to conflict of laws provisions. If any provision or provisions of these terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and shall remain in full force and effect.

ARBITRATION AGREEMENT

You and Docunight agree that any dispute, claim or controversy arising out of or relating in any way to the Docunight service, including our website, user interfaces, these Terms of Use and this Arbitration Agreement, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Docunight are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your Docunight membership.

If you elect to seek arbitration, you must first send to Docunight, by certified mail, a written Notice of your claim (“Notice”). The Notice to Docunight should be addressed to: Kiarostami Foundation, 595 Pacific Ave., 4th floor, San Francisco, CA 94133 (“Notice Address”). If Docunight elects to seek arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by Docunight, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If Docunight and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Docunight may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Docunight or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you are required to pay a filing fee, after Docunight receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000.

The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless Docunight and you agree otherwise, any arbitration hearings will take place in Travis County, Texas. (If you reside outside of the United States, any arbitration will remain subject to the AAA Rules including the AAA rules regarding the selection of an arbitrator). If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Docunight’s last written settlement offer made before an arbitrator was selected (or if Docunight did not make a settlement offer before an arbitrator was selected), then Docunight will pay you the amount of the award. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.

YOU AND DOCUNIGHT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Docunight agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

If you have any questions, please contact support@docunight.com.