eoApp User Terms & Conditions
You may not “mirror” or otherwise copy any Materials contained on this App or accessible through this App without EO’s written permission.
Any rights not expressly granted herein to use the Materials are reserved by EO in full.
You may not use this App:
EO reserves the right, in its sole and absolute discretion, to terminate your access to this App, or any portion thereof, at any time, for any reason, or for no reason at all, without any notice, prior or otherwise.
When you upload or otherwise submit any information, materials, or other content whatsoever to or through this App (“Submitted Content”), you represent and warrant that such Submitted Content:
By uploading or otherwise submitting Submitted Content to or through this App, you, personally, and on behalf of any subjects therein, including, without limitation, your child, if applicable, grant to EO a non-exclusive, fully paid-up, perpetual, worldwide license (the “License”) to use all of the content of any Submitted Content. This includes likenesses, whether in whole or in part, whether composite or distorted, for purposes of illustration, art, promotion, advertising, trade, sale, or any other purpose whatsoever. The License also includes, without limitation, the right to post Submitted Content, or excerpts thereof, on this App and Apps other than this App, including, without limitation on any social media, blog, or similar App.
If you post, upload, and/or submit any Submitted Content on this App, you will not:
If Submitted Content includes any video and/or photographic images or pictures of your child, you further agree that, without limitation, the License includes a grant of an unrestricted right and permission to use, re-use, and publish the video and/or photographic images or pictures of your child, in which your child may be included intact or in part, composite or distorted in character or form (the “Images”), without restriction as to changes or transformations in conjunction with your child’s own or a fictitious name, or reproduction thereof in color or otherwise, made through any and all media now or hereafter known for purposes of illustration, art, promotion, advertising, trade, sale or any other purpose whatsoever. Your permission given herein is hereby acknowledged to constitute written consent under applicable law, either in the United States or throughout the world. You also permit the use of any printed material in connection therewith. You hereby relinquish any right that you, and/or your child, may have to examine or approve the use of the Images regardless of the form and type, the material that may be used in conjunction therewith, or the use to which they may be applied. Further, you represent and warrant to EO that:
The grant of the License and all rights and permissions associated thereto is binding on you, and your child (if applicable), and your, and your child’s (if applicable), heirs, legal representatives and assigns.
You hereby represent and warrant that you have all rights necessary to grant the License and all rights and permissions associated thereto to EO. IF YOU DO NOT WISH TO OR CANNOT LEGALLY GRANT SUCH RIGHTS AND PERMISSIONS TO EO YOU MAY NOT SUBMIT ANY MATERIALS TO EO.
You, the uploader of Submitted Content (hereinafter, “Uploader”), agree to pay all applicable subscription fees related to our Services. We may suspend or terminate your account and/or access to our Services (via EO’s website or App) if your payment is late and/or your offered payment method (e.g. credit card) cannot be processed. By providing a payment method, you expressly authorize us to charge the applicable fees using a said payment method, as well as taxes and other charges incurred thereto at regular intervals, all of which depend on your particular membership level and utilized Services.
Currently, EO maintains three subscription levels:
*EO’s monthly subscription fees and/or membership level functionality are subject to change. Any price changes and/or subscription functionality changes to current members, however, will apply no earlier than 30 days following email notice to you. In addition, users are described in (a)-(d) (hereinafter, “Users”).
EO shall provide Uploader(s) with access to regularly updated usage data, plus associated payment formulas. Currently, EO has in place an 85/15 profit split. Profit is generated by “pay-per-view” Content purchases. Specifically, 85% of the profit from each viewing of the pay-per-view uploaded content goes to the Uploader, and 15% of the profit goes to EO. EO shall distribute payments regularly, according to these clearly stated and verifiable formulas. All payments are subject to a 30-day delay, pending final collection of credit card funds.
Revenue Split for Advertisements
If the content viewer/consumer is viewing the uploaded content with accompanying advertisements, then EO currently has in place a 65/35 advertisement revenue split. Revenue from advertisements is generated by allowing Users to watch Content for free if they watch embedded advertisements in the selected Content. Specifically, 65% of the advertisement revenue goes to EO and 35% of the advertisement revenue goes to the Uploader. EO shall distribute payments regularly, according to these clearly stated and verifiable formulas. All payments are subject to a 30-day delay, pending the final collection of credit card funds.
We understand that you may cancel your subscription, but please know that we will not provide any refund(s) and you will be responsible for paying any balance due and owing on the account at the time of cancellation. By agreeing to these terms of service, you expressly agree that if you cancel your subscription, you give EO express authority to use the payment method on file to satisfy any unpaid fees that remain due and owing at the time of subscription cancellation. EO will send you a bill, accounting for the unpaid fees and any associated charge(s), if any.
Consumer(s)/Viewer(s) may view a movie trailer for free, an unlimited number of times. To view the entirety of any Submitted Content, however, the consumer(s)/viewer(s) must pay its associated viewing fee, for each viewing and/or participate in one of the Subscription plans, listed above.
Compliance with Intellectual Property Laws
When accessing the App or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the App is at all times governed by and subject to laws regarding copyright ownership and use of an intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws (domestic and foreign) regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any Applicable Laws and for any infringements of third-party rights caused by any Submitted Content you provide or transmit. The burden of proving that any Submitted Content does not violate any laws or third-party rights rests solely with you.
EO respects the intellectual property of others, and we ask our App Users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify EO of your infringement claim in accordance with the procedure set forth below.
EO will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to:
Subject line: “DMCA Takedown Request”
You may also contact us by mail at: 9171 Wilshire Boulevard, Suite 500. Beverly Hills, California 90210.
To be effective, the notification must be in writing and contain the following information:
If you submit a notice of infringement that knowingly materially misrepresents that any Submitted Content, information, or communication on EO’s platform is infringing upon a copyright, you may be held liable for damages and attorneys’ fees incurred by EO.
If, as an Uploader, you believe that your Submitted Content that was removed (or to which access was disabled) by EO, is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your Uploaded Content, you may send a written counter-notice containing the following information to EO:
Repeat Infringer Policy
In accordance with the DMCA and other applicable law, EO has adopted a policy of terminating, in appropriate circumstances and at EO’s sole discretion, Users who are deemed to be repeat infringers. EO may also, at its sole discretion, limit access to the Service and/or terminate the memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
EO reserves the right to terminate your use of the Service and/or the App. To ensure that EO provides a high-quality experience for you and for other Users of the App and the Service, you authorize EO’s (or its representatives) to access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third-party rights, or other unauthorized uses of the App or the Service.
EO does not intend to disclose the existence or occurrence of such an investigation unless required by law. EO reserves the right to terminate your account or your access to the App immediately, with or without notice to you, if after its investigation EO determines that you have:
Disclaimer of Warranties
THIS APP, INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THIS APP, IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER REGARDING THE CONTENT ON THIS APP OR THE MATERIALS, INFORMATION, AND FUNCTIONS MADE ACCESSIBLE THROUGH THIS APP, FOR ANY HYPERTEXT LINKS TO THIRD PARTY SITES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THIS APP OR ANY LINKED SITE. EO FURTHER DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE INFORMATION CONTAINED ON THIS APP IS COMPLETE, ACCURATE, OR UP TO DATE. EO DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS APP OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THIS APP OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
IF ANY PORTION OF THIS LIMITATION IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN EO’S TOTAL LIABILITY WILL BE THE LESSER OF: (I) THE COSTS ASSOCIATED WITH ENTERING A CONTEST ASSOCIATED WITH THIS APP IF RELATED THERETO; OR (II) ONE HUNDRED DOLLARS (US$100).
THIS LIMITATION OF LIABILITY SHALL BE BINDING UPON YOU AND YOUR CHILD (IF APPLICABLE), AND YOUR AND YOUR CHILD’S (IF APPLICABLE) HEIRS, LEGAL REPRESENTATIVES, AND ASSIGNS.
Submission of Ideas or Suggestions
Governing Law; Legal Jurisdiction
Should any dispute arise as to the interpretation of any term or provision of this Agreement, the issue shall be decided by arbitration. The arbitration proceeding shall be conducted under the applicable rules of the American Arbitration Association in Los Angeles, California. If such an organization ceases to exist, the arbitration shall be conducted by its successor, or by a similar arbitration organization, at the time a demand for arbitration is made. The decision of the arbitrator shall be final and binding on both parties. The proceedings and arbitration decision shall remain confidential and non-public. [The prevailing party shall be entitled to recover from the other party its own expenses for the arbitrator's fee, attorney's fees and travel expenses, expert testimony, and travel expenses of experts, and for all other expenses of presenting its case].
If you make any claim against EO or any other EO Party, you agree in advance that in the event you assert any such claim, it will be governed by the arbitration rules, listed immediately above and:
All contents of the App or Service are Copyrighted, All rights reserved.
California Use Only
The App is controlled and operated by EO from its offices in the State of California. Your use of or access to the App should not be construed as EO’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
NOTE: WE SHOULD ADD THE FOLLOWING ADDITIONAL PROVISION IF THE COMPANY MAY MAKE CERTAIN SOFTWARE AVAILABLE TO THE USER FROM THE SITE:
Use of Software
EO may make certain software available to you from the App. If you download software from the App, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to you by EO, for your personal use only. EO does not transfer either the title or the intellectual property rights to the Software, and EO retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by EO or its licensors and you may not copy or use them in any manner.
Please contact us either by:
Mail at: 9171 Wilshire Blvd., Suite 500. Beverly Hills, CA 90210
Entertainment Oxygen, LLC
Attention: General Counsel at www.yklaw.us