Services and Privacy Terms
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Welcome to Hit.Movie
About Us
Hit.Movie is brought to you by Hit Movie INC., a Delaware, United States of America (USA) legal entity (referred to as “Hit.Movie”, “we”, “us”, or “our”). Your use of our mobile, web and any other associated apps and all related content and services (collectively, the "Service") is governed by this agreement. The Service is offered subject to your acceptance without modification of ALL of the Services and Privacy Terms contained herein.
Introduction
Hit.Movie is a global distribution platform for original movie, video, and related content creators large and small (referred to as 'Producers'). Hit.Movie allows you (referred to as 'Consumers') to discover, pay for, and watch movies, videos and other content created by the Producers (referred to as 'Content'). To use the Service you must have an appropriate device connected to a reliable internet source.
Jurisdiction and Governing Law
The laws of the State of Delaware (USA) govern these Services and Privacy Terms, as well as any disputes, whether in court or arbitration, which might arise between Hit.Movie and you, without regard to conflict of law provisions.
Age Requirements
By accepting this Agreement, you affirm that you are 18 years of age or the age of majority in your province, territory or country and are fully competent to enter into this agreement, and to abide by and comply with this agreement. Individuals under the age of 18, or applicable age of majority, may utilize the Service only with the involvement of a parent or legal guardian who will have to create an account and which is also subject to ALL of the Services and Privacy Terms contained herein.
Payments and Refunds
On payment of prescribed fees - which varies according to the content - the Service allows you to watch movies and videos and any related content for a time bound period. In addition to the prescribed fees, you may be charged other fees like, foreign currency conversion fees, payment gateway fees, and taxes as applicable. The total amount will be displayed to you before you pay. Fees once paid will not be refunded under any circumstances except as required by law. If a payment is not successfully settled, we may suspend your access to the Service.
Content Responsibility
All content provided through the Service belongs to the respective 'Producers' who own and upload that content and who are ultimately responsible for all compliance and liability requirements arising out of that content. In this regard you agree to consider Hit.Movie as just the messenger.
Non Commercial Use
The Service and any content viewed through our Service are for your personal and non-commercial use only and may not be shared with individuals beyond your household. When you purchase content on our Service, we grant you a limited, non-exclusive, non-transferable right to access the content. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.
Geographical Limitations
The content available within our Service may be restricted from playing in certain countries or geographic locations around the world. You will not be able to play that content while you are in a country or geographic location where such content is restricted. In other words, content you may have purchased while in one country may not be playable if you travel to a country where such content is restricted.
Quality of Service
Your Private Information
You will need to create an account on Hit.Movie to use the Service. Use of the Service requires that we collect and store your data (such as your mobile number, location, email id, password, payment information, address, device details, content usage statistics, and any other data that we may need to reliably and securely provide our Service) in our servers. This data will never be sold or distributed to third parties except as required to provide you our Service.
Identity Verification
To watch certain movies you will need to verify your identity by uploading a 'Government Issued Photo ID Card' along with a video selfie of you holding the same ID card. These documents are programatically processed and stored in an encrypted format. Your identity data is only used to determine whether or not you have access to certain content. Your identity data may be shared with law enforcement authorities in case we have reasonable evidence to believe your involvement in piracy related activities. Other than this, your identity data will never be sold or distributed to third parties including to any movie producers and/or movie production houses.
Identity Verification is entirely optional and is required only if you want to watch certain content.
You can delete your identity data anytime. When you delete your identity data, all your identity documents are deleted from our systems within 90 (ninety) calendar days.
Service Protection
In order to safeguard our Service, we uniquely identify and fingerprint all content that you access through our Service. You cannot use the Service in any way that interferes others from using the Service. If you use the Service in an unreasonable way we reserve the right to disable your access without any notice to you. We reserve the right to share your information with law enforcement agencies if we believe you are using the Service in any illegal way. You may be subject to any civil or criminal proceedings that we may initiate against you for your misuse of the Service.
Disclaimers of Warranties and Limitations on Liability
THE SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. WE SPECIFICALLY DISCLAIM LIABILITY FOR THE USE OF APPLICATIONS, DEVICES, AND ANY SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE). TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL HIT.MOVIE, 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. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.
Survival
If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
Changes to the Service
Hit.Movie is constantly changing and improving the Service. We may also need to alter or discontinue the Service, or any part of it, in order to make performance or security improvements, change functionality and features, make changes to comply with law, or prevent illegal activities on or abuse of our systems. These changes may affect all users, some users or even an individual user. Whenever reasonably possible, we will provide notice when we discontinue or make material changes to our Service that will have an adverse impact on the use of our Service. However, you understand and agree that there will be times when we make such changes without notice, such as where we feel we need to take action to improve the security and operability of our Service, prevent abuse, or comply with legal requirements.
Changes to the Services and Privacy Terms
Hit.Movie may make changes to the Services and Privacy Terms from time to time. Whenever reasonably possible, we will provide notice to you about major changes that may impact you.
Additional Terms for Producers.
Hit.Movie is a global distribution platform for original movie, video, and related content creators large and small (referred to as "Producer", "Producers", "You", "Your").
Publishing Your Content
If you are a Producer, you can list your movie on Hit.Movie by paying a non-refundable listing fee per movie. Listing fees vary from time to time and across regions at the discretion of Hit.Movie. You will need to upload your movie files along with additional movie details. You will be able to set a future release date, ticket prices, viewing durations, regional restrictions, accept pre bookings (subject to conditions), etc. If you are uploading a movie or any content on behalf of a company or organization, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement. You must upload and release your movie within 30 (thirty) days of paying the listing fees (referred to as 'Listing Window') or the Listing Window will expire and your listing fees will be forfeited. Hit.Movie will refund your listing fees in case your movie is rejected.
Geographical Limitations (Listing)
ONLY Producers having a legal entity and a bank account in a supported country (Australia, Austria, Belgium, Bulgaria, Canada, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, India, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Singapore, Slovakia, Slovenia, Spain, Sweden, Switzerland, United Kingdom, United States) can list their content on Hit.Movie. This list of supported countries changes from time to time.
Geographical Limitations (Streaming)
Producers can choose to sell and stream their content in almost all or selected countries across the world. Some countries may require additional permissions/licenses to stream your content and it is your responsibility to obtain such permissions. This list of supported countries for streaming changes from time to time.
Censorship and Jurisdictional Compliance
Some countries or legal jurisdictions within those countries may impose restrictions or censorship on certain kinds of content. Hit.Movie reserves the right to remove your content - without prior notice to you - to meet the legal compliances of such countries/jurisdictions.
Content Guidelines
The Content you submit must not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so. You are legally responsible for the Content you submit to the Service. We may use automated systems that analyze your Content to help detect infringement and abuse, including spam and malware.
Content Review and Time to List Movie
Content Rights and Licenses to Hit Movie
You retain full ownership rights to your Content. However, we do require you to grant certain rights to Hit.Movie and other users of the Service. By providing Content to Hit.Movie, you grant to Hit.Movie a license to sell, distribute, prepare derivative works, display and perform it worldwide, or across countries of your choosing. Hit.Movie will only use the Content in connection with the Service, including for the purpose of promoting and redistributing part or all of the Service. This license does not grant any rights or permissions for any end user to make use of your Content independent of the Service.
Content Protection
Hit Movie understands the value of your content. We adopt a combination of methods like Domain based restrictions, Content security policies (CSP), Signed URL's, RSA signing keys, Digital Rights Management (Widevine, PlayReady, FairPlay), HDCP Protection, Account Share Restrictions, Unique Tokens, IPv4/IPv6/CIDR restrictions, Country/Location based restrictions, Watermarking, File encryptions in transit and at rest, and other access schemas to protect your content. Piracy is an ongoing threat to any digital streaming service, Hit.Movie included. While we adopt active and heuristic measures to protect your content, we cannot fully guarantee that we will be successful in doing so.
Duration of License
The licenses granted by you continue for a commercially reasonable period of time after you delist or delete your Content from the Service. You understand and agree, however, that Hit.Movie may retain, but not display, distribute, or perform, server copies of your videos that have been delisted or deleted.
Listing/Delisting Duration
All movies accepted for listing on Hit.Movie will run for 14 calendar days or until you choose to delist the movie, whichever is earlier. Movies may run for an additional 14 calendar days at the discretion of Hit.Movie. You will have the option to delist your movie anytime. Starting immediately after you choose to delist your movie, it will be no longer offered for sale and it will be fully de-listed after a 'grace time period' which is 'viewing duration + 24 hours'. To illustrate, if you have set your 'viewing duration' to 48 hours, your movie will be fully de-listed in 72 hours (48 + 24). This is to allow those who have already purchased your movie to complete viewing it.
Revenue Share
The Revenue Share from ticket sales for the first 14 calendar days is 70:30 (70 to the Producer and 30 to Hit.Movie) and Revenue Share for the next 14 calendar days is 60:40 (60 to the Producer and 40 to Hit.Movie). Revenue Share may vary across regions and/or content at the discretion of Hit.Movie. All payment gateway charges, streaming and server charges are borne by Hit.Movie. Currency conversion charges (when tickets are sold in a foreign currency and amounts are converted to the Producers bank account currency) will be borne by the Producer. All bank fees/charges incurred on any money transfers from Hit.Movie to you are your responsibility.
Ticket Pricing
Pre-Booking
Pre-Booking allows you to sell tickets up to seven (7) days in advance of a movie release. Your full movie files and all related content and details must be submitted to Hit.Movie before you can accept Pre-Bookings. All Pre-Bookings are subject to a manual review and approval by Hit.Movie. You will not be allowed to de-list or delete your movie once you start accepting Pre-Bookings.
Know your Customer (KYC) and Bank Details
When you list your movie, you will be asked to provide details and official documents related to you, your business, and your bank. These details will help establish your identity and ownership for us to process your movie listing and transfer related payments.
Taxes
Payment Processing
Additional Agreements
Final and Binding Authority
Payment of listing fees does not guarantee your movie will be accepted for streaming on Hit.Movie. Hit.Movie reserves the final and binding right to accept or reject any content without assigning any reason whatsoever. Hit.Movie reserves the right to remove any content that has already been published without assigning any reason whatsoever.
Copyright Protection
If you believe your copyright has been infringed on the Service, you can send us a notice by writing to us at copyright//at//hit//dot//movie.
Indemnity
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Hit.Movie, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Service.
Modifying this Agreement
We may modify this Agreement, for example, to reflect changes to our Service or for legal, regulatory, or security reasons. Hit.movie will provide reasonable advance notice of any material modifications to this Agreement and the opportunity to review them except that, where legally permitted, modifications addressing newly available features of the Service or modifications made for legal reasons may be effective immediately without notice. Modifications to this Agreement will only apply going forward. If you do not agree to the modified terms, you should remove any Content you have uploaded and discontinue your use of the Service.
Continuation of this Agreement
Some or all of this Agreement will continue to apply to you if your use of the Service ends.
Severance
If it turns out that a particular term of this Agreement is not enforceable for any reason, this will not affect any other terms.
No Waiver
If you fail to comply with this Agreement and we do not take immediate action, this does not mean that we are giving up any rights that we may have (such as the right to take action in the future).
Interpretation
In these terms, “include” or “including” means “including but not limited to,” and any examples we give are for illustrative purposes.
Governing Law
The laws of the State of Delaware (USA) govern these Services and Privacy Terms, as well as any disputes, whether in court or arbitration, which might arise between Hit.Movie and you, without regard to conflict of law provisions.
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