Terms and Conditions of Use, Privacy Policy and Copyright and Intellectual Property Policy for AsiaPacificFilms.com

PLEASE READ the (1) TERMS AND CONDITIONS OF USE, (2) PRIVACY POLICY, AND (3) COPYRIGHT AND INTELLECTUAL PROPERTY POLICY FOR ASIAPACIFICFILMS.COM AND ASIA PACIFIC FILMS.com INC., (HEREINAFTER, COLLECTIVELY REFERRED TO AS “ASIAPACIFICFILMS.COM”), AS WELL AS ALL RULES AND POLICIES RELATED TO THE ASIAPACIFICFILMS.COM VIDEO STREAMING SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY VIDEO-SPECIFIC RULES OR USAGE PROVISIONS SPECIFIED ON ANY VIDEO DETAIL PAGE OR IN ANY LINK FROM A VIDEO DETAIL PAGE (COLLECTIVELY referred to herein as THE "AGREEMENT") BEFORE USING THE ASIAPACIFICFILMS.COM VIDEO STREAMING SERVICE.

By using and/or visiting the ASIAPACIFICFILMS.COM website (including all content and functionality available through the "ASIAPACIFICFILMS.COM Website", or "Website"), you signify your agreement to this Agreement and all of the terms set forth herein. If you do not agree to any of the terms set forth this Agreement, please do not use the ASIAPACIFICFILMS.COM Website.

Terms and Conditions of Use:

1. The Service.

The AsiaPacificFilms.com Video Streaming Service (the "Service") offers digitized versions of motion pictures, television shows, podcasts, and other digital content (collectively, "Digital Content") and other services under certain terms and conditions as set forth in this Agreement. The Service allows you to access and view Digital Content by the streaming thereof to your personal computer. Although some of the Digital Content is available to the general public free of charge (referred to herein as “Limited Access Viewing), all of the Digital Content is made available only to members in good-standing following a secure log-in to the Service (referred to herein as “Full Access Viewing”). All of the Digital Content made available by AsiaPacificFilms.com on the Service has been licensed by AsiaPacificFilms.com and is made available to you, the user, in accordance with the terms and conditions of its license agreements with various content providers.

2. Authorized Devices.

In order to be able to stream Digital Content from the Service and to view Digital Content on the Service, you will need to use a personal computer or other device that (i) meets minimum system requirements that AsiaPacificFilms.com may establish from time to time and (ii) supports the digital rights management system for the Digital Content that you access on the Service (each such device, an "Authorized Device").

3. Copyright, Trademarks & Service Marks.

The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the AsiaPacificFilms.com Website, except as allowed by Section 4 below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the AsiaPacificFilms.com Website. The posting of information or materials on the AsiaPacificFilms.com Website does not constitute a waiver of any right in such information and materials. Much of the content on the AsiaPacificFilms.com Website is the copyrighted work of third-parties.

AsiaPacificFilms, the domain name or URL "www.AsiaPacificFilms.com", the AsiaPacificFilms Logo, and other AsiaPacificFilms marks, graphics, logos, scripts, and sounds, are owned by ASIA PACIFIC FILMS.com INC. None of the AsiaPacificFilms.com trademarks or service marks may be copied, downloaded, or otherwise exploited. Other product and company names mentioned on the Website may be trademarks and/or service marks of their respective owners.

4. License To Stream Digital Content.

The Service allows you to either: (i) view limited portions of the Digital Content free of charge ("Limited Access Viewing"), or (ii) pay a monthly, automatically recurring, membership fee to view all of the Digital Content while the membership is in good standing ("Full Access Viewing"). As used herein, "Non-Commercial, Private Use" means a presentation of Digital Content for which no fee or consideration of any kind (other than that which you pay to us to view the Digital Content) is charged or received, which takes place in your private home or apartment or, if outside your private home or apartment (e.g., in a hotel room, dorm room, office, or airport waiting lounge) and is limited to a private viewing for you and your invitees. Non-Commercial, Private Use specifically excludes (i) any public presentation, (ii) any presentation made for purposes of fundraising, (ii) any presentation by a place of public accommodation or other commercial establishment (e.g., a bar, store or restaurant), and/or (iv) any presentation pursuant to an assignment of membership rights, regardless of whether a fee is charged.

a. Limited Access Viewing. When you access, stream and/or view any of the content made available for Limited Access Viewing on AsiaPacificFilms.com, AsiaPacificFilms.com grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to stream, and to view, use and privately perform, for Non-Commercial, Private Use, the limited portion of the Digital Content made available free-of-charge to the general public, by way of one (1) Authorized Device (e.g., a laptop or desktop computer) connected to the Service over the Internet.

b. Full Access Viewing. Upon your payment of the monthly membership fee, AsiaPacificFilms.com grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to stream, and to view, use and privately perform, for Non-Commercial, Private Use, all of the Digital Content on the AsiaPacificFilms.com Website, by way of one (1) Authorized Device (e.g., a laptop or desktop computer) connected to the Service over the Internet.

c. General Restrictions. You may not transfer, copy or display the Digital Content, except as permitted in this Agreement. In addition, you may not:

1. i. sell, rent, lease, distribute, broadcast, sublicense or otherwise assign any right to the Digital Content to any third-party;
2. ii. remove any proprietary notices or labels on the Digital Content;
3. iii. attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management system used as part of the Service; or,
4. iv. use the Service or Digital Content for any commercial or illegal purpose.

5. Reservation Of Rights.

Except for the rights explicitly granted to you in this Agreement, all right, title and interest in the Service and Digital Content are reserved and retained by AsiaPacificFilms.com and its licensors, and AsiaPacificFilms.com and its licensors do not transfer any right, title or interest in the Digital Content. You do not acquire any ownership rights in the Digital Content as a result of streaming the Digital Content.

6. Geographic Limitations.

Due to restrictions placed on us by our content providers, viewing access to some of the Service’s Digital Content may be unavailable to customers located in certain countries. We regret that some of the Service’s Digital Content is restricted based upon the country from which the viewing request is made; however, we are bound to comply with the terms of our agreements with our content providers, who are, in turn, bound to comply with their agreements with other licensees.

7. Membership And Billing.

In order to gain Full Access Viewing of the Digital Content available on the Service, you will be required to register and become a member. Where registration is required, you agree to provide us with accurate, complete registration information. Your registration must be done using your real name and accurate address and billing information. Each registration is for your personal use only and not on behalf of any other person or entity. We do not permit (a) any other person to use your membership to gain access to those portions of the Website only made available to members for Full Access Viewing; or (b) access through a single membership being made available to multiple users. You are responsible for preventing such unauthorized use. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

By becoming a member of AsiaPacificFilms.com, you are expressly agreeing that we are authorized to charge you a monthly membership fee, any applicable tax and any other charges you may incur in connection with your use of the Service to the method of payment (hereinafter, “Payment Method”) you provided during registration (or to a different Payment Method if you change your account information). As used herein, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method, including a checking account, where applicable. The membership fee will be billed at the beginning of your membership and on each monthly renewal automatically thereafter unless and until you cancel your membership. You acknowledge that the amount billed each month may vary from month to month for reasons that include differing amounts due to promotional offers, changes in your membership plan, or changes in the amount of applicable taxes, and you authorize us to charge your Payment Method for such varying amounts. We may also periodically authorize your card in anticipation of membership or related charges. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. 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. If you want to use a different Payment Method or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by going to the "Your Account" page within AsiaPacificFilms.Com. If your Payment Method reaches its expiration date and you do not edit your Payment Method information or cancel your account (see, "Membership Term and Cancellation" Section below), you authorize us to continue billing that Payment Method and you remain responsible for any uncollected amounts.

If you have questions concerning your membership account, please contact our Membership Service at AsiaPacificFilms.com, 2800 Woodlawn Drive, Suite 265, Honolulu, HI 96822, or send an email to: membershipservice@AsiaPacificFilms.com.

8. Membership Term and Cancellation.

Your AsiaPacificFilms.com membership will continue in effect unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews each month in order to avoid billing of the next month's membership fees to your Payment Method. We will bill the monthly membership fee plus any applicable tax to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information).

You may cancel your membership with AsiaPacificFilms.com at anytime, and cancellation will be effective immediately. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS. To cancel, go to the "Your Account" page within AsiaPacificFilms.Com and follow the instructions for cancellation.

We reserve the right to terminate your account for any or no reason.

9. Collection And Use Of Personal Information

For information about AsiaPacificFilms.com’s policies and practices regarding the collection and use of your personally identifiable information, please read AsiaPacificFilms.com’s Privacy Policy, provided below. The Privacy Policy is incorporated by reference and made part of these Terms and Conditions of Use. You agree that your presence on AsiaPacificFilms.com’s Website, or use thereof, is governed by AsiaPacificFilms.com’s Privacy Policy in effect at the time of your use.

10. Linked Websites And Advertising

Third-party Websites. AsiaPacificFilms.com may contain links to third-party websites that are not owned or controlled by AsiaPacificFilms.com. If we provide links or pointers to other websites, you should not infer or assume that AsiaPacificFilms.com operates, controls, or is otherwise connected with these websites. When you click on a link within the AsiaPacificFilms.com Website, we will not warn you that you have left our Website and are subject to the terms and conditions (including privacy policies) of the destination third-party website. In some cases, it may be less obvious than others that you have left our Website and reached another website. Please be careful to read the terms of use and privacy policy of any website before you provide any confidential information or engage in any transactions. You should not rely on this Agreement to govern your use of another website.

AsiaPacificFilms.com is not responsible for the content or practices of any website other than the AsiaPacificFilms.com Website, even if it links to the AsiaPacificFilms.com Website and even if the website is operated by a company affiliated or otherwise connected with AsiaPacificFilms.com. By using AsiaPacificFilms.com, you acknowledge and agree that AsiaPacificFilms.com is not responsible or liable to you for any content or other materials hosted and served from any website other than the AsiaPacificFilms.com Website.

Advertisements. AsiaPacificFilms.com takes no responsibility for advertisements or any third-party material posted on AsiaPacificFilms.com, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while using the AsiaPacificFilms.com Website are between you and the advertiser, and you agree that AsiaPacificFilms.com is not liable for any loss or claim that you may have against an advertiser.

11. Disclaimer And Limitation On Liability

THE ASIAPACIFICFILMS.COM WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED THEREON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ASIAPACIFICFILMS.COM ARE PROVIDED BY ASIAPACIFICFILMS.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. ASIAPACIFICFILMS.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE ASIAPACIFICFILMS.COM WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, VIDEOS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ASIAPACIFICFILMS.COM WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE ASIAPACIFICFILMS.COM WEBSITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ASIAPACIFICFILMS.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ASIAPACIFICFILMS.COM DOES NOT WARRANT THAT ITS WEBSITE; INFORMATION, CONTENT, MATERIALS, VIDEOS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ITS WEBSITE; ITS SERVERS; OR E-MAIL SENT FROM ASIAPACIFICFILMS.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ASIAPACIFICFILMS.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ITS WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, VIDEOS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ITS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATES OR COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

12. Additional Terms

a. If you violate any of the terms or conditions of this Agreement, your license to Limited Access Viewing and/or Full Access Viewing will immediately terminate, and AsiaPacificFilms.com may, in its discretion, immediately revoke your access to the Service without notice to you and without refund of any fees. In such event, AsiaPacificFilms.com shall have the right, without notice to you, to automatically discontinue your access to Digital Content from the Service.

b. You understand that by using the Service, you may encounter content that may be deemed offensive, indecent or objectionable, which content may or may not be identified as having explicit language or other features. Nevertheless, you agree to use the Service at your sole risk, and AsiaPacificFilms.com shall have no liability to you for content that may be found to be offensive, indecent or objectionable. Content types (including genres, sub-genres, and categories and sub-categories and the like) and descriptions are provided for convenience only, and you acknowledge and agree that AsiaPacificFilms.com does not guarantee their accuracy.

c. AsiaPacificFilms.com reserves the right to modify, suspend, or discontinue the Service, or any part thereof, at any time and without notice to you, and AsiaPacificFilms.com will not be liable to you should it exercise such rights, even if your use of the Digital Content is impacted by the change.

d. AsiaPacificFilms.com reserves the right to make changes to this Agreement at any time. Your continued use of the Service following any such changes will constitute your acceptance of such changes.

e. Content providers providing Digital Content that is made available on the Service are intended third-party beneficiaries under this Agreement.

f. You may provide links to the opening-page (also referred to as the homepage) of the AsiaPacificFilms.com Website on your own website(s), provided (a) that you do not remove or obscure, by framing or otherwise, any of the content of the AsiaPacificFilms.com Website, (b) your website does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the homepage of the AsiaPacificFilms.com Website immediately upon request by us.

g. When you visit AsiaPacificFilms.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on our Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

h. This Agreement apply to all users of the AsiaPacificFilms.com Website, including users who access the Digital Content thereon for free, those users that access the Digital Content thereon pursuant to a membership, and those who are contributors of video or other content, information, and other materials or services.

i. This Agreement shall be governed by and construed in accordance with the laws of the state of Hawaii, without regard to conflicts of laws provisions. You and AsiaPacificFilms.com agree that the United States District Court for the District of Hawaii and/or the Circuit Court for the First Circuit of the State of Hawaii shall have exclusive jurisdiction over any dispute between you and AsiaPacificFilms.com relating in any way to the AsiaPacificFilms.com Service or Website, these Terms of Use or this Agreement. You and AsiaPacificFilms.com expressly and irrevocably consent to personal jurisdiction and venue in these courts. The parties agree that in any such dispute or subsequent legal action, they will only assert claims in an individual (non-class, non-representative) basis, and that they will not seek or agree to serve as a named representative in a class action or seek relief on behalf of those other than themselves. 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.

j. If any of the terms or conditions set forth herein shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.