1. Binding Contract
We reserve the right to modify or discontinue the Site (or any portion of the drama3s Services), temporarily or permanently, with or without notice to you, and are not obligated to support or update the Site. You agree that drama3s shall not be liable to you or any third party in the event that we exercise our right to modify or discontinue the Site (or any portion of the drama3s Services). Unless explicitly stated otherwise, any new features that augment or enhance the current Site shall be subject to these Terms.
2. Other Agreements
3. The drama3s Services
The quality of streaming Content may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. In the event that streaming Content is impaired by the size of your cached memory files, you are responsible for clearing your cache periodically to resolve this issue. You are responsible for all Internet access charges. drama3s makes no representations or warranties about the quality of your instant watching experience on your display. You must be connected to the Internet throughout your streaming experience. The drama3s Services or specific Content may only be available in certain geographic locations and availability may vary by geographic location.
The drama3s Services uses software that is proprietary to drama3s to enable the real-time streaming of Content (drama3s Software). The drama3s Software is licensed to you by drama3s pursuant to these Terms solely for the purpose of using the drama3s Services and for no other purpose whatsoever. You are expressly prohibited from copying, reproducing, decompiling, reverse engineering, disassembling, modifying or creating derivative works of the drama3s Software or any portion thereof. Any unauthorized use of the drama3s Software is strictly prohibited and we reserve the right to discontinue provision of the drama3s Software at any time, without prior or any notice.
In response to requests from Providers, or due to technical limitations, or for any reason in our sole and absolute discretion, and without prior notice to you, some or all Content may be removed from the drama3s Services or may cease to be available for streaming.
4. Billing and Payments
Unless otherwise specified on the Site, drama3s’s price for the drama3s Services is set forth on the Site, however, such prices do not include, and you shall pay, any excise, sales, use or like taxes, and therefore such prices are subject to increase in the amount of any such tax (excluding tax on net income) that drama3s may be required to collect or pay upon the sale or delivery of the service purchased hereunder. Prices are, and all payments shall be made, in U.S. dollars.
If a drama3s Service is quoted at an incorrect price due to typographical error or error in pricing information:
drama3s has the right to refuse or cancel any orders placed for the service quoted at the incorrect price, even if drama3s has confirmed the receipt of your order and charged your credit or debit card; and
if drama3s has charged your credit or debit card but subsequently canceled your order, drama3s will promptly issue a credit to your credit or debit card account for the amount charged via the method you paid.
drama3s may offer you a limited free trial after you register an account with drama3s, and if drama3s does offer you a free trial you will receive free access to the drama3s Service for a seven (7) day period (the “Free Trial Offer”). At the end of such free trial period, drama3s will begin to charge you the Fees for the applicable drama3s Service. The Free Trial Offer may only be used once per registered account. drama3s reserves the right, in its absolute discretion, to withdraw or modify the Free Trial Offer and/or the terms and conditions of the Free Trial Offer at any time without prior notice
5. Gift Subscription Terms
Gift Subscriptions are pre-paid memberships to drama3s Pass that can be purchased by you and emailed to any person you wish to share the gift of drama3s with by redeeming it at http://drama3s.com/ Gift Subscriptions can only be used for drama3s Pass memberships and can not be used at any other retailer or redeemed for cash.
When you purchase a Gift Subscription, drama3s electronically delivers a redemption code (Code) to the e-mail address you provide for your intended recipient (Recipient).
Gift Subscriptions can be purchased in 3-month, 6-month, 12-months increments (plus applicable fees). Upon redeeming the Code, Recipient will receive access to the drama3s Pass service for the total number of months of the Gift Subscription (Gift Subscriptions Term). Upon expiration of the Gift Subscription term, Recipient’s access to the drama3s Pass service will be terminated unless the Recipient provides a credit card or other payment method accepted by drama3s (a Payment Method). If provided, Recipient’s Payment Method will be charged for subsequent months (plus applicable fees) for continued access to the drama3s Pass service. If the Recipient has elected to cancel the drama3s Pass service before the monthly renewal date, the Recipient’s Payment Method will not be charged.
Gift Subscriptions can be redeemed by users with an existing drama3s Pass account. They will receive a credit equal to the total number of months in the Gift Subscription. The Recipient’s account will be debited on their next billing cycle after expiration of the Gift Subscription Term.
Gift Subscriptions can only be redeemed once. Once a Gift Subscription is redeemed, the Recipient may not transfer or assign access to the drama3s Pass service to another person.
Gift Subscriptions are not refundable or redeemable for cash, either prior or subsequent to redemption, unless otherwise required by applicable law. Except as otherwise permitted by these Terms and Conditions, Gift Subscriptions may not be exchanged or used to offset any amount already owed to drama3s.
Gift Subscriptions do not expire, so please keep your Gift Subscription Code in a safe location as we are not responsible for lost or stolen gift subscriptions or subscription codes.
Gift Subscriptions are issued by drama3s, Inc. Gift Subscription may be used to access the drama3s Pass service only.
6. Social Sharing
7. Intellectual Property Ownership
Unless otherwise noted, the drama3s Services, and all Content available via the drama3s Services (excluding Subtitle Submissions and User Generated Content, as defined below), including, but not limited to, Movies or Events you can watch instantly, text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property, and the organization, compilation, look and feel, of the drama3s Services (collectively, the “Materials”) are owned by drama3s or the applicable Provider and are protected under copyright, trademark and other intellectual property and proprietary rights laws. As between drama3s and you, all right, title and interest in and to the Materials (including all Content) will at all times remain with drama3s and/or its Providers. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the drama3s Services, not to copy, reproduce, distribute, insert any code or product into, or manipulate the Content or the drama3s Services in any way, and not to use any data mining, data gathering or extraction method. drama3s reserves the right to terminate your access to the drama3s Services if it, in its sole and absolute discretion, believes that you are in violation of any restriction contained in these Terms or are engaged or assisting in violating the copyrights of drama3s or any Provider. drama3s does not promote, foster or condone, and expressly prohibits any and all infringing activity. The use of the drama3s Services is solely for your personal and non-commercial use. Please see our Intellectual Property Policy for more information about notifying us of the presence of any allegedly infringing Materials or Content on the drama3s Services.
drama3s and V.SCOOP are trademarks of drama3s. The drama3s logo and the V.SCOOP logo are trademarks of drama3s. The drama3s Services and user interfaces, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of drama3s, Inc. The Facebook website, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of Facebook, Inc. Other trademarks, logos, movie or program names, images, personal likenesses, and celebrity names that are available in connection with any Content are the property of the respective Provider, which may or may not be affiliated with, connected to, or sponsored by drama3s. Any images of persons or personalities contained on the Site and user interfaces are not an indication or endorsement of drama3s or any particular product or our service unless otherwise indicated. The trademarks, service marks and trade dress of drama3s, Facebook, or any Provider may not be used or reproduced without prior written approval from drama3s, Facebook or the respective Provider.
You are permitted to use the drama3s Services and the Content for lawful purposes as provided in these Terms; any other use, misuse, distribution, reproduction, or copying of any Content is strictly prohibited. drama3s grants you a non-exclusive, limited, personal, non-transferable, revocable, license to use the drama3s Services to access and watch the Content, without right to sublicense, under the following conditions: you shall not:
copy, retransmit, modify, disseminate, display, perform, reuse, re-post, broadcast, circulate, or otherwise distribute the Content, or modify or re-use all or part of the Content,
use any tradename, trademark, or brand name of drama3s in metatags, keywords and/or hidden text,
create derivative works from the Content or commercially exploit drama3s Services or the Content, in whole or in part, in any way,
use the drama3s Services, the Materials, any Content, and/or any portion thereof, in any manner that may give a false or misleading impression, attribution or statement as to drama3s, a Provider, or any third party associated with or appearing in any Content;
use web crawlers, web robots, web scutters, ants, automatic indexers, bots, worms, and other such devices in connection with the Site; provided, however, that general purpose internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Site are granted a limited exception from the foregoing exclusion, provided that they do so from a stable IP address or range of IP addresses using an easily-identifiable agent;
post, transmit or submit any confidential, false, misleading, unlawful, infringing, threatening, abusive, harassing, libelous, defamatory, discriminatory, obscene, inflammatory, scandalous, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or would otherwise violate the law;
use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use of the Site;
obtain or attempt to obtain any content through any means not intentionally made available or provided for through the Site;
impersonate or misrepresent your affiliation with someone else;
remove, modify, disable, block, obscure or otherwise impair any advertising in connection with the Site;
harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications;
post or transmit any worms, viruses, Trojans, or other harmful, disruptive, or destructive files, code, or programs to the Site; or
use the Site to advertise or perform any commercial solicitation.
8. Subtitle Submissions
The Site may now or in the future permit the submission of text, subtitles, dubs or other communications submitted by you and other users (“Subtitle Submissions”) and the hosting, sharing, and/ or publishing of such Subtitle Submissions. Any opinions, advice, statements, services, offers, or other information contained in any Subtitle Submission expressed are those of the respective authors and not of drama3s, or its shareholders, directors, officers, or employees or licensors. Under no circumstances shall drama3s, or its shareholders, directors, officers, directors, or employees or licensors be held liable for any loss or damage caused by your reliance on information obtained through the drama3s Services. It is your responsibility to evaluate the information, opinion, advice, or other content available through the drama3s Services.
In addition, you agree that the following restrictions shall apply with respect to any Subtitle Submission:
drama3s does not guarantee any confidentiality with respect to any Subtitle Submissions and shall have no liability to you for any content posted in a Subtitle Submission.
drama3s shall have the right, but not the obligation, to review Subtitle Submissions and delete any Subtitle Submission that violates these Terms or contains any of the following types of content (each a “Prohibited Submissions”):
Any Subtitle Submission that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, racially offensive, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
Any Subtitle Submission that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
Any Subtitle Submission that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
Any Subtitle Submission that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
Any Subtitle Submission that violates the Facebook Terms of Service agreement;
Unsolicited promotions, political campaigning, advertising or solicitations;
Viruses, spyware, Trojans, corrupted data or any other harmful, disruptive or destructive files; or
Any Subtitle Submission that in our sole judgment is inappropriate or objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose drama3s or any Provider to any harm or liability of any type.
You shall be solely responsible for your own Subtitle Submissions (including text, subtitles, dubs or other communications or graphics submitted by you and other users and the consequences of posting or publishing them). You retain all of your ownership rights in your Subtitle Submissions. However, by submitting the Subtitle Submissions to drama3s, you hereby grant:
to drama3s and its successors and assigns a worldwide, non-exclusive, royalty-free, irrevocable, sublicenseable and transferable license for the duration of protection of copyrights or other intellectual property rights attached to the Subtitle Submissions to use, reproduce, distribute, prepare derivative works of, display, publish, broadcast, perform, make, use, import, offer to sell, sell, and otherwise transfer all copyrights, inventions, and other intellectual property rights in the Subtitle Submissions in connection with the Site and drama3s’s (and its successor’s and assign’s) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any form and media formats and through any media channels; and
to all users of the drama3s Services a limited noncommercial license to modify and share the Subtitle Submissions within the drama3s Community in accordance with the terms of the Creative Commons Attribution-NonCommercial-ShareAlike 4.0 License (http://creativecommons .org/licenses/by-nc-sa/4.0/) (“CC BY-NC-SA”). Please note that by granting this license, you are agreeing to the following license requirements:
Attribution: when you contribute Subtitle Submissions, you agree to be attributed in any manner provided by the drama3s Services;
No revocation: you agree that you will not unilaterally revoke or seek invalidation of any license that you have granted under these Terms for Subtitle Submissions, even if you terminate use of the drama3s’s Services;
Modifications or additions to Subtitle Submissions: when modifying or making additions to a Subtitle Submission that you have obtained from the Site, you agree to license the modified or added content under CC BY-NC-SA 4.0 or later. When modifying or making additions or any Subtitle Submission that you have obtained from the Site, you agree to license the modified or added content in accordance with whatever license under which the work has been made available.
By using this site, you: (i) direct drama3s to store your Subtitle Submissions on our servers and systems solely at your instruction, and (ii) grant drama3s an unlimited, perpetual, royalty-free, sub-licensable, transferable and irrevocable license to use, modify, or adapt the Subtitle Submissions for any purpose whatsoever, including but not limited to use that may be commercial in nature.
You acknowledge and agree that the drama3s Services is not and shall not function as an archive. drama3s shall have no liability to you or any other person for loss, damage, or destruction to your Subtitle Submission. You shall be solely responsible for maintaining independent archival and backup copies of any Subtitle Submission.
If notified of an allegedly Prohibited Submission, drama3s may investigate the allegation and determine in its sole discretion whether to remove the Subtitle Submission, which it reserves the right to do at any time and without notice.
For clarity, drama3s does not permit use of the drama3s Services for copyright infringing activities. VIOLATORS OF THIRD-PARTY RIGHTS MAY BE SUBJECT TO CRIMINAL AND CIVIL LIABILITY. drama3s RESERVES ALL RIGHTS AND REMEDIES AGAINST ANY USER WHO VIOLATES THESE TERMS.
9. User Generated Content
As a drama3s account holder you may submit Content to the drama3s Services (“User Generated Content”), including videos, user comments and other content. You understand that drama3s does not guarantee any confidentiality with respect to any User Generated Content you submit.
You shall be solely responsible for your own User Generated Content and the consequences of submitting and publishing your User Generated Content on the drama3s Services. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish User Generated Content you submit; and you license to drama3s all patent, trademark, trade secret, copyright or other proprietary rights in and to such User Generated Content for publication on the drama3s Services pursuant to these Terms.
For clarity, you retain all of your ownership rights in your User Generated Content. However, by submitting User Generated Content to drama3s, you hereby grant drama3s a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Generated Content in connection with the drama3s Services and drama3s’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the drama3s Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the drama3s Services a non-exclusive license to access your User Generated Content through the Service, and to use, reproduce, distribute, display and perform such User Generated Content as permitted through the functionality of the drama3s Services and under these Terms. The above licenses granted by you in User Generated Content you submit to the drama3s Services terminate within a commercially reasonable time after you remove or delete your User Generated Content from the drama3s Services. You understand and agree, however, that drama3s may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
You hereby grant to drama3s a license to, directly or through the drama3s Community, create subtitles and add them into the User Generated Content.
You further agree that User Generated Content you submit to the drama3s Services will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant drama3s all of the license rights granted herein.
You further agree that you will not submit to the drama3s Services any User Generated Content or other material that is contrary to the drama3s Community, applicable local, national, and international laws and regulations.
drama3s does not endorse any User Generated Content submitted to the drama3s Services by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and drama3s expressly disclaims any and all liability in connection with User Generated Content. drama3s does not permit copyright infringing activities and infringement of intellectual property rights on the drama3s Services, and drama3s reserves the right to remove User Generated Content if properly notified that such User Generated Content infringes on another’s intellectual property rights. drama3s reserves the right to remove User Generated Content without prior notice.
10. Digital Millennium Copyright Act
drama3s is committed to respecting and protecting the legal rights of copyright owners. As such, drama3s complies with Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.). If you believe any of the Content infringes upon your intellectual property rights, please submit a notification alleging such infringement in accordance with our Intellectual Property Policy.
11. Prohibited Conduct