Terms of Service

(last updated October 29, 2020)

These are the terms of service (“Terms”) for the website located at www.montageplay.com, or alternately at www.montage.plus (“Site”) and the use of the services and functionality provided on the Site (“Services”) to view movies, television shows and other content (collectively, the “Content”). These Terms form a binding legal agreement between you and Rare Flower Inc. (“Montage,” “us,” “our” and “we”), and govern your use of the Site and the Services. You may be accessing our Site or using the Services from a computer or mobile device and these Terms apply regardless of your means of access.

By accessing the Site or using the Services, you agree to be bound by these Terms, our Privacy Policy and any other guidelines or rules that we may publish relating to the use of the Site or Services ("Guidelines"), and you represent and warrant that you have the right, authority, and capacity to be so bound. If you are under 18 years of age, you represent and warrant that you are accessing the Site or using the Services with the permission of a parent or legal guardian who agrees to be bound by these Terms. If you are under 13 years of age, you may not provide any of your personal information to us.

If you do not agree to these Terms, our Privacy Policy or Guidelines, you may not access the Site or use the Services.

Services and Content

We may offer, via the Services, the ability to access and view Content on the Site. Content may rented for on-demand viewing during a limited period of time (“Rental Content”) or purchased for on-demand viewing with no expiration date (“Purchased Content”).

Except as otherwise described herein, all transactions for Rental Content or Purchased Content are final, and we will not accept returns of such Content. Notwithstanding the foregoing, you may cancel an order for Rental Content or Purchased content within 48 hours of purchase or rental (or, if you are in the European Union, within 14 days of purchase or rental), provided you have not yet started watching or downloading such purchased or rented Content, by contacting us at support@montageplay.com.

Subject to payment of any charges to rent or purchase Content and your compliance to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license, during the applicable viewing period, to access and view such Rented Content or Purchased Content, for personal, non-commercial, private use only.

Notwithstanding the above, Purchased Content may become unavailable due to potential content provider licensing restrictions or other unforeseen circumstances outside of our control as a service provider, and Montage will not be liable to you in the event Purchased Content becomes unavailable.

User Access

Subject to these Terms, our Privacy Policy and Guidelines, Montage grants you a limited, revocable, non-exclusive, non-transferable license to access the Site and use the Services solely for your own personal, noncommercial use.

The rights granted to you in these Terms are subject to your agreement that you will not:

Sell, license, lend, rent, lease, assign, transfer, distribute or otherwise commercially exploit the Site or Services, or any content on the Site;
Modify, alter, tamper with, reverse engineer or create derivative works of any part of the Site or Services;
Use the Site or the Services, or any aspects of the Site or Services, to create a similar or competitive website or service;
Remove, obscure or alter any proprietary rights notice pertaining to the Site or Services; or
Copy, reproduce, republish, download, display, post, distribute or transmit any part of the Site or Services in any form or by any means, except as expressly permitted by these Terms.

We reserve the right to modify, suspend or discontinue any features offered through the Site at any time, with or without notice to you. You understand and agree that we have no obligation to provide you with any support in connection with the Site or Services.

User Accounts

Certain features of the Site may require the creation of a user account (“User Account”). You represent and warrant that any required registration information you provide us with in connection with your User Account is complete and accurate and that you will maintain the accuracy of such information. You may delete your User Account at any time, for any reason. We may suspend or terminate your User Account in accordance with these Terms.

You are responsible for maintaining the confidentiality of your User Account login information and for all activity occurring under your User Account. Please tell us immediately if you suspect unauthorized use of your User Account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with the requirements above.

User Content

We may allow users to post content to the Site. Any information or content you post (“User Content”) belongs solely to you. You are solely responsible for your User Content and assume all risks associated with the use of your User Content, including any disclosure of information that personally identifies you or a third party. We have no obligation to monitor User Content, but we reserve the right to modify or delete User Content at any time, for any reason.

You hereby grant us a perpetual, worldwide, irrevocable, non-exclusive, royalty-free, sublicensable, transferable right to use your User Content for any purpose, including displaying, reproducing, distributing, creating derivative works of, and otherwise using and exploiting your User Content on the Site. You irrevocably waive all claims and assertions of moral rights or attribution associated with your User Content.

Acceptable Use

You hereby agree that you will not:

Post any User Content that violates any third-party rights, including intellectual property rights and rights of publicity and privacy;
Use the Site or Services in a way that is unlawful, threatening, harassing, harmful, abusive, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, pornographic, obscene, patently offensive, racist or bigoted or harmful to any group or individual, harmful to minors in any way, or is otherwise objectionable;
Use the Site or Services to send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of unsolicited messages;
Upload or transmit to the Site any computer viruses, worms, or any intentionally harmful software;
Disrupt, interfere with, or create an undue burden on the Site’s servers, networks or system resources, or otherwise attempt to deny service to anyone or disrupt the Services;
Circumvent any technical measures used to restrict access to the Site or Services;
Use any automated process in connection with the Site or Services (except for search engines compiling a free, publicly available search index); or
Use the Site or Services for any purpose other than as expressly permitted by the Terms and the information available on the Site.

We reserve the right to investigate and/or take appropriate action against you in our sole discretion if we suspect you may be violating these Terms. Such action may include modifying or deleting your User Content, terminating your User Account in accordance with these Terms and/or reporting you to law enforcement.

Termination

We reserve the right to suspend or terminate your rights to access the Site or use the Services at any time, for any reason, in our sole discretion. Upon such termination, your User Account and right to access the Site and use the Services will terminate immediately, and your User Content may be deleted from our databases. We will not have any liability to you for any termination of your rights under these Terms, including for termination of your User Account and User Content.

Ownership

Excluding any User Content you upload, Montage and its suppliers retain all right, title and interest in the Site and Services, including all underlying software, technology and processes, all content provided via the Site, all intellectual property rights, including copyrights, patents, trademarks, logos and service marks, and any developments, enhancements, modifications or derivative works of any of the foregoing. Except for the rights expressly granted in these Terms, we do not grant you any other right, title or license.

Feedback

If you send us feedback, we may use your feedback for any purpose without attribution, accounting or compensation to you. You agree not to submit any information or ideas to us that you consider confidential.

Links to Other Websites

The Site may provide links to other websites and services that are not under our control. We are not responsible for the content of such linked websites or services, and these Terms do not apply to companies, websites or services that we do not own or control or to the actions of people that we do not employ or manage. You use all linked websites and services at your own risk. Some linked sites may charge fees for the services or features they offer, and any charges or obligations that you incur in your dealings with third parties are your responsibility. You should always check the terms of service and privacy policies of any websites you visit.

Indemnification

You agree to indemnify and hold Montage, its officers, employees and agents, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, made by any third party arising out of or relating to your use of the Site or Services, your User Content, your violation of these Terms or your violation of any applicable laws or regulations. Montage reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and in such case, you agree to cooperate with our defense of such claims. This provision shall survive termination of these Terms.

Disclaimer of Warranties

THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. MONTAGE DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. MONTAGE DOES NOT PROMISE THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY INFORMATION YOU TRANSMIT USING THE SITE OR THAT WE STORE WILL BE SECURE.

MONTAGE MAKES NO GUARANTEES REGARDING THE RESULTS OF YOUR USE OF THE SITE OR SERVICES AND MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OF THE INFORMATION ON THE SITE OR SERVICES. YOU USE THE SITE AND SERVICES AT YOUR OWN RISK.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIMITED WARRANTIES OR LIMITATIONS ON YOUR STATUTORY RIGHTS, THIS DISCLAIMER MAY NOT APPLY TO YOU.

Limitations on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MONTAGE SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING LOST PROFITS, DAMAGES ARISING FROM LOSS OF INFORMATION OR DATA, BUSINESS INTERRUPTION, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL MONTAGE’S TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES ARISING UNDER OR RELATED TO THE SITE OR SERVICES OR ANY OTHER MONTAGE PRODUCTS OR SERVICES EXCEED $10. THESE LIMITS APPLY EVEN IF A STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITS ON CERTAIN LIABILITIES, THESE LIMITATIONS MAY NOT APPLY TO YOU.

Changes

We reserve the right to make changes to these Terms, the Privacy Policy or the Guidelines at any time in our sole discretion. If we decide to make such changes, we will post a new version to the Site and update the date above and may also notify you by sending an email to the last email address you provided to us. Your continued use of the Site or Services following an update to the Terms, Privacy Policy or Guidelines will indicate your agreement to be bound by them.

Location

Our Site and Services are provided from facilities located in the United States but may also be provided from servers located outside the United States. We reserve the right to process and store information both inside and outside the United States. When you use the Site or Services, you consent to the storage and processing of all information you have provided to us (including personal information) inside and outside the United States.

Privacy

You agree that you have read and understood our Privacy Policy. This policy explains how we collect, store, use and share the personal and non-personal information of users of the Site and Services.

We may email you about the Site or Services, including but not limited to information about your User Account, service announcements and administrative messages. You may also receive promotional messages from us. If you no longer want to receive such email communications from us, you may follow the instructions in the emails to unsubscribe.

Infringement

Montage respects the intellectual property rights of others and expects the users of our Site to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), we will respond to claims of copyright infringement with the removal of any infringing materials and with the termination, in appropriate circumstances, of users of our Site who are repeat infringers.

If you believe that a user on our Site is unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, you must send us a written notice with the following information (pursuant to 17 U.S.C. § 512(c)):

Identification of the work(s) that you claim to have been infringed;
Identification of the material on our Site that you claim is infringing and that you request us to remove, with reasonably sufficient information for us to locate such material;
Your name, physical address, phone number, and email address;
A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law;
A statement that the information in your notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner; and
Your physical or electronic signature.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification of alleged copyright infringement automatically subjects the complaining party to liability for any damages, costs and attorneys’ fees incurred by us in connection with such notification.

If you believe we have removed material that was erroneously identified as infringing, you must send us a written counter-notice that meets the requirements of the DMCA. To find out more about the DMCA, please visit http://copyright.gov.

Please send copyright notices to:

Designated Agent: Corporation Service Company

Address of Agent: 251 Little Falls Drive, Wilmington, New Castle County, DE 19808

Governing Law and Dispute Resolution

These Terms shall be governed by the laws of the State of California, excluding its choice of law principles. Except for the optional arbitration described below, the parties will resolve any disputes in the courts of Los Angeles County, California.

Excluding claims for equitable relief, if the total amount in dispute is less than $10,000, either party may elect to resolve the claim through binding arbitration by initiating arbitration through an established provider that is agreed upon by the parties. The arbitration must be conducted under the following rules: (a) at the choice of the party seeking relief, the arbitration shall be conducted by telephone, online or solely on written submissions, (b) no party or witness will make any personal appearance unless the parties agree otherwise, and (c) the winning party may have the arbitrator’s award entered as a judgment in any court of competent jurisdiction.

Whether in court or in arbitration, the initiating party must bring all claims in its individual capacity and not as a plaintiff or class member in a class action or other similar proceeding.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND MONTAGE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE OR SERVICES MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION WILL BE PERMANENTLY BARRED.

Assignment

Montage may assign these Terms at any time to a subsidiary or parent company or to a successor to its business as part of a merger or sale of substantially all of its assets. You may not assign or transfer these Terms, or any of your rights or obligations hereunder. You agree that these Terms are not intended to confer and do not confer any rights or remedies upon any person other than the parties to these Terms.

Entire Terms

These Terms, the Privacy Policy and any Guidelines constitute the entire agreement between you and Montage regarding the use of the Site and Services. Montage’s failure to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held to be unenforceable for any reason, the remaining provisions will be unaffected and remain in full force and effect.

Copyright and Trademark Information

Copyright © 2020 Montage, Inc. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are the property of Montage or other third parties. You may not use the Marks without our prior written consent or the consent of the applicable third party.

Contacting Us

For any questions or comments, to report violations of these Terms, or to provide notices, please contact us at support@montageplay.com.