We, NULTAN LLC ("Nultan," "we," or "us") provides an online video service offering a selection of 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 Nultan in connection with its business, however accessed, are referred to collectively as the "TVNolly Services." Or "Our Services."
The Content is available for permissible viewing on or through the following (collectively, the "Properties"): the tvnolly.com website; Nultan's affiliate and distributor websites; other websites where users or website operators are permitted to embed the Video Player; and TVNolly authorized applications, features or devices.
Certain TVNolly Services are provided to you free-of-charge. There are some other TVNolly Services that, if you are interested in accessing, will require payment by you. The TVNolly Services that may be accessed after payment are referred to as "TVNolly Plus." You can learn more about TVNolly Plus by visiting tvnolly.com/plus.
Your Use of Our Services:
We are glad to give you a non-exclusive limited license to use the TVNolly 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.
Our services are not intended to be used by children without involvement and approval of a parent or guardian. If you are under the age of 13, you are not permitted to register with TVNolly or provide your personal information to us. If you are at least 13 and under 18 years of age, you may register with TVNolly only if you have the consent of your parent or guardian.
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 us 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 us in writing.
In addition, you may not create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by us in writing. 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 us in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
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 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 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.
Where Nultan has incorporated an embed option in connection with Content on the TVNolly Services, you may embed videos using the Video Player, provided you do not embed the Video Player on any website or other location that 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 Nultan, in our sole discretion, or 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. We reserves the right to prevent embedding to any website or other location that Nultan finds inappropriate or objectionable, as determined by us in our sole discretion.
Ownership, Rights and Responsibilities:
You hereby agree that Nultan owns and retains all rights to the TVNolly Services. You further agree that the Content you access and view as part of the TVNolly Services is owned and controlled by Nultan and Nultan’s licensors. The TVNolly Services and the Content are protected by copyright, trademark, and other intellectual property laws.
If Nultan determines in its sole discretion that you are violating any of these Terms, we may notify you, and (use technical measures to block or restrict your access or use of the TVNolly Services. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the TVNolly Services, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.
No one may use the TVNolly 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 or send spam, advertising, or other unsolicited communications of any kind through our services, you acknowledge that you will have caused substantial harm to Nultan and that the amount of such harm would be extremely difficult to measure. As a reasonable estimation of such harm, you agree to pay Nultan $100 for each such unsolicited communication you send through the TVNolly Services.
Please choose carefully the comments that you post on the TVNolly website. Please limit yourself to user material directly relevant to the TVNolly Services. Moreover, you must not post materials that: contains unsuitable material (as defined above); or 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.
We hope not to, but we may change, suspend, or discontinue - temporarily or permanently - some or all of the TVNolly Services (including the Content and the devices through which the TVNolly Services are accessed), with respect to any or all users, at any time without notice. You acknowledge that Nultan may do so in Nultan’s sole discretion. You also agree that we will not be liable to you for any modification, suspension, or discontinuance of the TVNolly Services, although if you are a TVNolly Plus subscriber and we suspend or discontinue the TVNolly Plus service, we may, in our sole discretion, provide you with a credit, refund, discount or other form of consideration (for example, we may credit additional days of service to your account). However, if we terminate your account or suspend or discontinue your access to TVNolly Services due to your violation of these Terms, then you will not be eligible for any such credit, refund, discount or other consideration.
You are responsible for any costs you incur to access the internet. In order to participate in certain TVNolly 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. If we can be of help to you, please do not hesitate to contact our customer satisfaction department by visiting our contact page. It would be our pleasure to serve you.
Registration and Account Management:
All registration information you submit must be accurate and updated. Please keep your password confidential. You will not have to reveal it to any Nultan representative. Because you are responsible for all use of your account, including unauthorized use by any third party, please be very careful to guard the security of your password. Please notify us through the contact page 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.
Despite the multiple restrictions we place on user accounts, please be aware that some material provided by users through their accounts may be objectionable, unlawful, inaccurate, or inappropriate. Nultan does not endorse any User material, and User material that is posted does not reflect the opinions or policies of the TVNolly Service or Nultan. 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 Nultan 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 Nultan with respect to such User material. You can help us tremendously by notifying us of any inappropriate User material you find by sending a message to email@example.com
Nultan 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 TVNolly Services are between you and the advertiser, and you agree that Nultan is not liable for any loss or claim that you may have against an advertiser.
TVNolly, the TVNolly logo, www.tvnolly.com, TVNolly Plus, and other NULTAN marks, graphics, logos, scripts, and sounds are trademarks of Nultan. None of the Nultan trademarks may be copied, downloaded, or otherwise exploited.
TVNolly Plus Subscriptions and Billing Process
Sometimes, we give users the choice of paying a fee in order to view content that the TVNolly Service would not otherwise be able to make available without charging a fee. For that reason, we ask you to pay a subscription fee to access the TVNolly Plus Content.
You can find the specific details regarding your subscription to TVNolly Plus at any time by logging in on the TVNolly website and clicking on Account under your name. You agree that your TVNolly Plus account is for individual use only and your TVNolly Plus account is limited to only one simultaneous stream at a time. Additionally, you agree that for various reasons, such as restrictions from content licensors and other limitations or considerations from third parties, certain Content that may be accessible through one Property may not be accessible through other Properties.
By providing a credit card or other payment method accepted by TVNolly (“Payment Method”) for your TVNolly Plus subscription, you are expressly agreeing that we are authorized to charge you a monthly subscription fee, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of TVNolly Plus to the Payment Method. If you want to use a different Payment Method than the one you signed up for during registration, or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by logging in on the TVNolly website and clicking on Account under your name. If your Payment Method expires and you do not edit your Payment Method information or cancel your account, you authorize us to continue billing, and you will remain responsible for any uncollected amounts.
"Billing" shall indicate either a charge or debit, as applicable, against your Payment Method. The subscription fee will be billed at the beginning of your subscription or expiration of your free trial period, if any, whichever is earlier, and on each monthly renewal thereafter unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to these Terms. To see the commencement date for your next renewal period, log in on the TVNolly website and click on Account under your name.
We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your subscription (each such month, a “Monthly Period”). In the event your subscription began on a day not contained in a given month, we bill your Payment Method on the last day of such month. If you change your Payment Method, this could result in changing the calendar day upon which you are billed. You acknowledge that the amount billed each Monthly Period may vary due to promotional offers, changes in your subscription plan, and changes in applicable taxes, and you authorize us to charge your Payment Method for the corresponding amounts. If we change the subscription fee or other charges for TVNolly Plus from time to time, we will give you advance notice of these changes by email. However, we will not be able to notify you of changes in any applicable taxes.
Very rarely, if there are special circumstances where TVNolly determines it is appropriate (e.g., the TVNolly Plus service is unavailable for days due to technical difficulties), we may provide credits to affected subscribers. The amount and form of such credits, and the decision to provide them, are at Nultan’s sole and absolute discretion, and the provision of credits in one instance does not entitle anyone to credits in the future under similar or different circumstances.
Your TVNolly Plus subscription will continue in effect on a month-to-month basis unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to these Terms. You must cancel your subscription before it renews each Monthly Period in order to avoid the next billing. We will bill the monthly subscription fee plus any applicable taxes to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). If you cancel your subscription, cancellation will be effective at the end of the current Monthly Period -this means that you will have continued access to TVNolly Plus for the remainder of that period, but you will not receive a refund. You can cancel your account by logging in on the TVNolly website and clicking on Account under your name and then choosing to "edit" your subscription under "Billing Information" and clicking on the "cancel" option.
In order to sustain the TVNolly Plus service, it is important that each user of the TVNolly Plus service honor the payment obligations to which the user agreed. Accordingly, we reserve the right to pursue any amounts you fail to pay in connection with TVNolly Plus. You will remain liable to Nultan for all such amounts and all costs we incur in connection with the collection of these amounts, including, without limitation, collection agency fees, reasonable attorneys' fees, and arbitration or court costs.
On occasion, we may be authorized to offer the use of TVNolly Plus through free trials for certain qualifying users. If we offer you a free trial, the specific terms of your free trial will be stated in the marketing material describing the particular free trial. We are unable to accommodate combining free trials with any other offers. To view the specific details regarding your free trial, if any, log in on the TVNolly website and click on Account under your name.
Once your free trial period ends, we will begin billing your Payment Method for monthly subscription fees corresponding to your subscription plan (plus any applicable taxes), unless you cancel prior to the end of your free trial. For that reason, unless otherwise indicated in the free trial description, you may be asked to set up a valid Payment Method when redeeming a free trial offer.
Disclaimer Of Warranties, Limitation Of Liability And Indemnity
WE DO OUR BEST TO PROVIDE THE OPTIMAL PERFORMANCE OF THE TVNOLLY SERVICES, YOU AGREE THAT USE OF THE TVNOLLY SERVICES IS AT YOUR OWN RISK. THE TVNOLLY SERVICES, INCLUDING THE TVNOLLY 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, NULTAN DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE TVNOLLY SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE.
IN NO EVENT SHALL NULTAN 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 " TVNOLLY 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 TVNOLLY 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 TVNOLLY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. 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 TVNOLLY SERVICE OR $50 (WHICHEVER IS LESS).
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE TVNOLLY 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 TVNOLLY SERVICES (INCLUDING YOUR USE OF THE CONTENT). NULTAN 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.
Copyright Infringement Claims
If you believe that any Content, User Material, or other material provided through the TVNolly Services, including through a link, infringes your copyright, you should notify Nultan of your infringement claim in accordance with the procedure set forth below.
We will process each notice of alleged infringement that we receive and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to us at firstname.lastname@example.org (titled: "Copyright Infringement Claims").
In order for your notification to be effective, the notification must be in writing and contain the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the TVNolly Services that is reasonably sufficient to enable TVNolly to identify and locate the material; how TVNolly can contact you, such as your address, telephone number, and email address; 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 the law; and 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.
Arbitration of Claims
PLEASE READ THIS CAREFULLY. WE WANT YOU TO KNOW IT AFFECTS YOUR RIGHTS.
At Nultan, we expect that our world-class customer satisfaction team will be able to resolve most issues you may have using the TVNolly Services. In the unlikely event that we do not meet your satisfaction, we prefer to specify now what each of us should expect in order to avoid any confusion later. Accordingly, you and Nultan agree to the following resolution process.
Because we prefer to resolve our issues with you directly, you agree to arbitrate with Nultan only in your individual capacity, not as a representative or member of a class. As such, your claims may not be joined with any other claims and there shall be no authority for any dispute to be arbitrated on a class-action basis or brought by a purported class representative.
It is important that you understand that the arbitrator's decision will be binding and may be entered as a judgment in any court of competent jurisdiction. If the arbitrator rules against Nultan, in addition to accepting whatever responsibility is ordered by the arbitrator, we think it's fair that Nultan reimburse your reasonable attorneys' fees and costs.
If you're not sure what all of this means, of course please feel free to ask an attorney.
Since we always prefer to find ways to satisfy you as quickly and efficiently as possible, before initiating any arbitration proceeding, you agree to first discuss the matter informally with Nultan for at least 30 days. To do that, please send your full name and contact information, your concern and your proposed solution by mail to us at: NULTAN, LLC, 10432 Balls Ford Road, Manassas, VA 20109, USA.
Specifying what happens if an issue arises with one of our users is never a fun topic. But we pride ourselves on transparency and we thank you in advance for understanding why it’s important that you and Nultan agree on the process described in this Section.