Last Updated: May 23, 2018
Welcome to the terms of use for the Mahar Movies App. These terms are between you and the entity providing the Mahar Movie Rental service to you, ABC Content Solutions Company Limited. These terms of use may change from time to time, with or without prior notice (unless required by applicable law). Please read these terms, along with the Privacy Policy applicable to you, and all other rules and policies related to the Mahar Movie Rental service (including, but not limited to, any rules or usage provisions specified on any product detail page or on any help or other informational page for the Mahar Movie Rental service) (collectively, this "Agreement"). Each time you visit, browse, or use the Mahar Movie Rental service, you accept this Agreement.
Mahar Movie Rental (the "Service") offers digital movies and other movie content (collectively, "Digital Content") and other services as provided in this Agreement. There are several ways to access the Service and Digital Content, including through App, YouTube Channel and any other services governed by separate terms made available in the apps, websites or devices you use to access those services. If you are under 13 years of age, or the age of majority in your location, you may use the Service only with involvement of a parent or guardian.
In order to stream or download Digital Content, you will need to use a mobile phone or tablet that meets the system and compatibility requirements that we establish from time to time (a "Compatible Device"). Some Compatible Devices may be used only to stream Digital Content, some may be used only to download Digital Content, and some may be used to stream and download Digital Content. We may change the requirements for Compatible Devices from time to time and, in some cases, whether a device is (or remains) a Compatible Device may depend on software or systems provided or maintained by the device manufacturer or other third parties. Accordingly, devices that are Compatible Devices at one time may cease to be Compatible Devices in the future. The Mahar entity that provides you the Mahar Movie mobile app may be different than the Mahar entity that provides you the Service.
Due to technical and other restrictions imposed by content providers, the Service is available only in certain locations. The Digital Content we offer to you will vary over time and by location. Mahar will use technologies to verify your geographic location. You may not use any technology or technique to obscure or disguise your location.
a. General. The Service may allow you to: (i) Rent Digital Content for on-demand viewing over a limited period of time ("Rental Digital Content"), and/or (ii) access Digital Content on a free, promotional basis for viewing over a limited period of time ("Free Digital Content"). Digital Content may be available as Rental Digital Content, Free Digital Content, or any combination of those, and in each case is subject to the limited license grant below.
b. Usage Rules. Your use of Digital Content is subject to the Mahar Movies Mobile App Usage Rules (the "Usage Rules"). The Usage Rules provide important information, including the time period during which you are authorized to view different types of Digital Content (the “Viewing Period”) and limitations on the number and type of Compatible Devices on which each type of Digital Content may be downloaded, streamed, and viewed.
c. Payment Methods. If we are unable to process your payment using your designated payment method, we reserve the right to charge any payment method we have on file for you.
d. Limited License to Digital Content. Subject to payment of any charges to rent or access Digital Content, and your compliance with all terms of this Agreement, Mahar grants you a non-exclusive, non-transferable, non-sublicensable, limited license, during the applicable Viewing Period, to access and view the Digital Content in accordance with the Usage Rules, for personal, non-commercial, private use. We may automatically remove Digital Content from your Compatible Device after the end of its Viewing Period.
e. Downloading and Risk of Loss. If you plan to download Digital Content that you rent for on-demand viewing, we encourage you to do so promptly after your rental. If you are unable to complete a download after having reviewed our online help resources, please contact Mahar customer service. Once you rent such Digital Content and we make the Digital Content available to you, you are responsible for completing the download, if you choose to download, and for all risk of loss of the Digital Content.
f. Playback Quality; Streaming. The playback resolution and quality of the Digital Content you receive will depend on a number of factors, including the type of Compatible Device on which you are accessing the Digital Content and your bandwidth, which may increase or decrease over the course of your viewing. If we detect that Digital Content we are streaming to you may be interrupted or may otherwise not play properly due to bandwidth constraints or other factors, we may decrease the resolution and file size of the streamed Digital Content in an effort to provide an uninterrupted viewing experience. While we strive to provide you a high-quality viewing experience, we make no guarantee as to the resolution or quality of the Digital Content you will receive when streaming, even if you have paid extra for access to standard definition, medium definition, and high definition.
g. General Restrictions. You may not (i) transfer, copy, or display the Digital Content, except as permitted in this Agreement; (ii) sell, rent, lease, distribute, or broadcast any right to the Digital Content; (iii) remove any proprietary notices or labels on the Digital Content; (iv) attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management or other content protection system used as part of the Service; or (v) use the Service or Digital Content for any commercial or illegal purpose.
a. Termination. We may terminate your access to the Service or any part of the Service, at our discretion, without notice (except as may be required by applicable law). If we do so, we will provide you with a pro-rated refund of your payment (if any). However, if you violate any of the terms of this Agreement, your rights under this Agreement will automatically terminate without notice, and Mahar may, at its discretion, immediately revoke your access to the Service and Digital Content without refund of any payment. In such an event, you must delete all copies of Digital Content that you have downloaded.
b. Explicit Content. By using the Service, you may encounter content that may be offensive, indecent, or objectionable. This content may or may not be identified as having explicit language or other attributes. Nevertheless, you agree to use the Service at your sole risk, and Mahar has no liability to you for any content. Content types, genres, categories, and descriptions are provided for convenience, and Mahar does not guarantee their accuracy.
c. Communications. We may send you promotions or otherwise communicate with you electronically, which may include e-mail or push notifications. By using the Service, you consent to receive such communications.
d. Modification of Service. Mahar reserves the right to modify, suspend, or discontinue the Service, or any part of the Service, at any time and without notice (except as required by applicable law). Mahar will not be liable to you should it exercise such rights, even if your ability to use Digital Content is impacted by the change.
e. Amendments. Mahar reserves the right to make changes to this Agreement at any time by posting the revised terms in connection with the Service. To the maximum extent permitted by law, your continued use of the Service or Software following any changes will constitute your acceptance of such changes.
f. Reservation of Rights; Waiver. The Service, Software, and the Digital Content embody intellectual property that is protected by law. Copyright owners of Digital Content are intended third-party beneficiaries under the Agreement. Our failure to insist upon or enforce your strict compliance with the Agreement will not constitute a waiver of any of our rights.
g. Disputes/Conditions of Use. Any dispute or claim arising from or relating to this Agreement or the Service is subject to the governing law, disclaimer of warranties, limitation of liability, any binding arbitration, and all other terms in the Mahar Conditions of Use. You agree to those terms by using the Service. YOU MAY ALSO BE ENTITLED TO CERTAIN CONSUMER PROTECTION RIGHTS UNDER THE LAWS OF YOUR LOCAL JURISDICTION.
h. Contact Information. For communications concerning this Agreement, please write to Mahar at info@mahar.app.
i. Severability. If any term or condition of this Agreement is deemed invalid, void, or for any reason unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining term or condition.