The Content is available for permissible viewing on or through the following (collectively, the “Properties”): i. the JohnnyBerba.com website (the “Johnny Berba Site”); ii. Johnny Berba’s affiliate and distributor websites; iii. other websites where users or website operators are permitted to embed the Video Player; and iv. Johnny Berba authorized applications, features or devices.
- ACCESS AND USE OF THE JOHNNY BERBA SERVICES Age Limitations. If you are under the age of 13, then you are not permitted to register with Johnny Berba or use any feature or other part of the Johnny Berba Services that requires registration. In order to subscribe to JohnnyBerba.com Members, you must be at least 18 years of age. You represent that you are at least 13 years of age if you are registering an account, and, if you are a JohnnyBerba.com Members user, that you are at least 18 years of age.
Your License. Johnny Berba is pleased to grant you a non-exclusive limited license to use the Johnny Berba Services on the Properties, including accessing and viewing the Content on a streaming-only basis through the Video Player, for personal, non-commercial purposes as set forth in these Terms.
The Content. You may only access and view the Content personally and for a non-commercial purpose in compliance with these Terms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms.
You may not either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content unless expressly permitted by Johnny Berba in writing. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by Johnny Berba in writing. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by Johnny Berba. You may not build a business utilizing the Content, whether or not for profit.
The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by Johnny Berba in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
The Video Player. You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of the Video Player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Video Player. This restriction includes, without limitation, disabling, reverse engineering, modifying, interfering with or otherwise circumventing the Video Player in any manner that enables users to view the Content without: (i) displaying visibly both the Video Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the webpage where the Video Player is located; and (ii) having full access to all functionality of the Video Player, including, without limitation, all video quality and display functionality and all interactive, elective, or click-through advertising functionality.
Ownership. You agree that Johnny Berba owns and retains all rights to the Johnny Berba Services. You further agree that the Content you access and view as part of the Johnny Berba Services is owned or controlled by Johnny Berba and Johnny Berba’s licensors. The Johnny Berba Services and the Content are protected by copyright, trademark, and other intellectual property laws. Your Responsibilities. In order for us to keep the Johnny Berba Services safe and available for everyone to use, we all have to follow the same rules of the road. You and other users must use the Johnny Berba Services for lawful, non-commercial, and appropriate purposes only.
If Johnny Berba determines in its sole discretion that you are violating any of these Terms, we may (i) notify you, and (ii) use technical measures to block or restrict your access or use of the Johnny Berba Services. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the Johnny BerbaServices, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.
No Spam/Unsolicited Communications. We know how annoying and upsetting it can be to receive unwanted email or instant messages from people you do not know. Therefore, no one may use the Johnny Berba Services to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. You understand that we may take any technical remedies to prevent spam or unsolicited bulk or other communications from entering, utilizing, or remaining within our computer or communications networks.
If you Post (as defined below in Section 7) or otherwise send spam, advertising, or other unsolicited communications of any kind through the Johnny Berba Services, you acknowledge that you will have caused substantial harm to Johnny Berba and that the amount of such harm would be extremely difficult to measure. As a reasonable estimation of such harm, you agree to pay Johnny Berba $50 for each such unsolicited communication you send through the Johnny Berba Services.
Downloads. In order to participate in certain Johnny Berba Services or access certain Content, you may be notified that it is necessary to download software or other materials or agree to additional terms and conditions. Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into these Terms.
Suspension/Discontinuation. We hope not to, but we may change, suspend, or discontinue – temporarily or permanently – some or all of the Johnny Berba Services (including the Content and the devices through which the Johnny Berba Services are accessed), with respect to any or all users, at any time without notice. You acknowledge that Johnny Berba may do so in Johnny Berba’s sole discretion. You also agree that Johnny Berba will not be liable to you for any modification, suspension, or discontinuance of the Johnny Berba Services, although if you are a JohnnyBerba.com Members subscriber and Johnny Berba suspends or discontinues the JohnnyBerba.com Members service, Johnny Berba may, in its sole discretion, provide you with a credit, refund, discount or other form of consideration (for example, we may credit additional days of service to your account) in accordance with Section 4 below.
However, if Johnny Berba terminates your account or suspends or discontinues your access to Johnny Berba Services due to your violation of these Terms, then you will not be eligible for any such credit, refund, discount or other consideration. Internet Access Charges. You are responsible for any costs you incur to access the internet.
- JohnnyBerba.com Members Subscriptions and Billing Some services involves charging a feeto the users in order to view Content that Johnny Berba would not otherwise be able to make available without charging a fee. As part of that, access to the Content in JohnnyBerba.com Members requires payment by you of a subscription fee. You agree that your JohnnyBerba.com Members account is for individual use only and your JohnnyBerba.com Members account is limited to only one simultaneous stream at a time.
Additionally, you agree that for various reasons, such as restrictions from content licensors and other limitations or considerations from third parties, certain Content that may be accessible through one Property may not be accessible through other Properties.
Billing. By signing up for your JohnnyBerba.com Members subscription, you are expressly agreeing that we are authorized to charge you a monthly subscription fee, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of JohnnyBerba.com Members to the credit card or other payment method accepted by Johnny Berba (“Payment Method”) that you provided during registration. If your Payment Method expires and you do not edit your Payment Method information or cancel your account, you authorize us to continue billing, and you will remain responsible for any uncollected amounts.
We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your subscription. However, if you change your Payment Method, this could result in changing the calendar day upon which you are billed. In the event your subscription began on a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, if you became a paying subscriber on January 31, your Payment Method would next be billed on February 28.
You acknowledge that the amount billed each month may vary due to promotional offers, changes in your subscription plan, and changes in applicable taxes, and you authorize us to charge your Payment Method for the corresponding amounts. If Johnny Berba changes the subscription fee or other charges for JohnnyBerba.com Members from time to time, we will give you advance notice of these changes by email. However, we will not be able to notify you of changes in any applicable taxes.
All fees and charges are nonrefundable except in connection with your early cancellation of the account as further described in “Ongoing Subscription” below. Very rarely, if there are special circumstances where Johnny Berba determines it is appropriate, we may provide credits to affected subscribers. The amount and form of such credits, and the decision to provide them, are at Johnny Berba’s sole and absolute discretion, and the provision of credits in one instance does not entitle anyone to credits in the future under similar or different circumstances.
Ongoing Subscription and Cancellation. Your JohnnyBerba.com Members subscription will continue in effect on a month-to-month basis unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to these Terms. You must cancel your subscription before it renews each month in order to avoid the next month’s billing. We will bill the monthly subscription fee plus any applicable taxes to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information).
If you cancel your subscription, you will not receive a refund for that month the subscription has billed and your access to JohnnyBerba.com Members will cease for the remainder of that month, and you will not receive a refund prorated for the number of days remaining in the month during which you cancelled.
Unpaid Amounts. In order to sustain the JohnnyBerba.com Members service, it is important that each user of the JohnnyBerba.com Members service honor the payment obligations to which the user agreed. Accordingly, we reserve the right to pursue any amounts you fail to pay in connection with JohnnyBerba.com Members. You will remain liable to Johnny Berba for all such amounts and all costs we incur in connection with the collection of these amounts, including, without limitation, collection agency fees, reasonable attorneys’ fees, and arbitration or court costs.
Free Trials. On occasion, we may be authorized to offer the use of JohnnyBerba.com Members through free trials for certain qualifying users. If we offer you a free trial, the specific terms of your free trial will be stated in the marketing material describing the particular free trial. We are unable to accommodate combining free trials with any other offers.
Once your free trial period ends, we will begin billing your Payment Method for monthly subscription fees corresponding to your subscription plan (plus any applicable taxes), unless you cancel prior to the end of your free trial. For that reason, unless otherwise indicated in the free trial description, you may be asked to set up a valid Payment Method when redeeming a free trial offer.
It is very important to understand that you will not receive a notice from Johnny Berba that your free trial subscription has ended or that your paying subscription has begun. If you wish to avoid charges to your Payment Method, you must cancel JohnnyBerba.com Members prior to midnight Eastern Time on the last day of your free trial period. You can cancel your account by logging into your payment method account (i.e. PayPal) and cancelling your subscription. We will continue to bill your Payment Method on a monthly basis for your subscription plan until you cancel or the account or service is otherwise suspended or discontinued pursuant to these Terms. You may cancel your subscription at anytime.
To the extent JohnnyBerba.com Members subscriptions are offered in conjunction with purchases of, or payment for, third party products or services, you agree that Johnny Berba will not be liable to you for any claims arising out of or related to your purchase or use of such third party products or services.
- ACCOUNTS AND REGISTRATION We may from time to time offer various features that require registration or the creation of an account with Johnny Berba. If at any time you choose to register or create an account with us, the additional terms and conditions set forth below also will apply. All registration information you submit must be accurate and updated. Please keep your password confidential. You will not have to reveal it to any Johnny Berba representative.
You are responsible for all use on your account, including unauthorized use by any third party, so please be very careful to guard the security of your password. Please notify us by email at [email protected] as soon as you know of, or suspect any unauthorized use of, your account. Please also make sure to notify us if your registration information changes, in case we need to contact you.
You may terminate your account by email at [email protected] Please identify your account and provide a valid reply email address in the event we require additional information to terminate your account. Please note, if you are a JohnnyBerba.com Members subscriber you must first cancel your JohnnyBerba.com Members subscription before you will be able to terminate your account. Please see the section “Ongoing
Of course, we would prefer to avoid such termination; therefore, we may use technology to limit activities, such as the number of calls to the Johnny Berba servers being made or the volume of User Material (as defined below in Section 7) being Posted, and you agree to respect these limitations and not take any steps to circumvent, avoid, or bypass them.
- USER REVIEWS, COMMENTS, AND OTHER MATERIAL Your Posts. As part of the JohnnyBerba.com, users may have an opportunity to publish, transmit, submit, or otherwise post (collectively, “Post”) reviews, comments, or other materials (collectively, “User Material”). In order to keep the Johnny Berba Services enjoyable for all of our users, you must adhere to the rules below.
Please choose carefully the User Material that you Post. Please limit yourself to User Material directly relevant to the Johnny Berba. Moreover, you must not Post User Material that: (i) contains Unsuitable Material (as defined above in Section 3); or (ii) improperly claims the identity of another person. We advise that you do not, and you should also be careful if you decide to, Post personally identifiable information, such as your email address, telephone number, or street address.
You must be, or have first obtained permission from, the rightful owner of any User Material you Post. By submitting User Material, you represent and warrant that you own the User Material or otherwise have the right to grant Johnny Berba the license provided below. You also represent and warrant that the Posting of your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your Posting User Material. Johnny Berba will remove all User Material if we are properly notified that such
User Material infringes on another person’s rights. You acknowledge that Johnny Berba does not guarantee any confidentiality with respect to any User Material. By Posting User Material, you are not forfeiting any ownership rights in such material to Johnny Berba. After Posting your User Material, you continue to retain all of the same ownership rights you had prior to Posting. By Posting your User Material, you grant Johnny Berba a limited license to use, display, reproduce, distribute, modify, delete from, add to, prepare derivative works of, publicly perform, and publish such User Material through the Johnny Berba Services worldwide, including on or through any Property, in perpetuity, in any media formats and any media channels now known or hereinafter created.
The license you grant to Johnny Berba is non-exclusive (meaning you are not prohibited by us from licensing your User Material to anyone else in addition to Johnny Berba), fully-paid, royalty-free (meaning that Johnny Berba is not required to pay you for the use of your User Material), and sublicensable (so that Johnny Berba is able to use its affiliates, subcontractors, and other partners, such as internet content delivery networks, to provide the Johnny Berba Services). By Posting your User Material, you also hereby grant each user of the Johnny Berba Services a non-exclusive, limited license to access your User Material, and to use, display, reproduce, distribute, and perform such User Material as permitted through the functionality of the Johnny Berba Services and under these
We reserve the right, but have no obligation, to monitor User Material and to restrict or remove User Material that we determine, in our sole discretion, is inappropriate or for any other business reason. In no event does Johnny Berba assume any responsibility or liability whatsoever for any User Material, and you agree to waive any legal or equitable rights or remedies you may have against Johnny Berba with respect to such User Material. You can help us tremendously by notifying us of any inappropriate User Material you find, please email [email protected] (subject line: “Inappropriate User Material”).
Johnny Berba is not responsible for the content or practices of any website or destination other than the Johnny Berba Site, even if it links to the Johnny Berba Site and even if the website or destination is operated by a company affiliated or otherwise connected with Johnny Berba. By using the Johnny Berba Services, you acknowledge and agree that Johnny Berba is not responsible or liable to you for any content or other materials hosted and served from any website or destination other than the Johnny Berba Site.
Advertisements. Johnny Berba takes no responsibility for advertisements or any third party material Posted on any of the Properties, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while using the Johnny Berba Services are between you and the advertiser, and you agree that Johnny Berba is not liable for any loss or claim that you may have against an advertiser.
- TRADEMARKS Johnny Berba, the Johnny Berba logo, JohnnyBerba.com, and other Johnny Berba marks, graphics, logos, scripts, and sounds are trademarks of Johnny Berba LLC. None of the Johnny Berba trademarks may be copied, downloaded, or otherwise exploited.
- UNSOLICITED SUBMISSIONS It is Johnny Berba’s policy not to accept unsolicited submissions, including scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas, or concepts. Johnny Berba’s policy is to delete any such submission without reading it. Therefore, any similarity between an unsolicited submission and any elements in any Johnny Berba creative work, including a film, series, story, title, or concept, would be purely coincidental.
- DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY WHILE WE DO OUR BEST TO PROVIDE THE OPTIMAL PERFORMANCE OF THE JOHNNY BERBA SERVICES, YOU AGREE THAT USE OF THE JOHNNY BERBA SERVICES IS AT YOUR OWN RISK. THE JOHNNY BERBA SERVICES, INCLUDING THE JOHNNY BERBA SITE AND THE OTHER PROPERTIES, THE CONTENT, THE VIDEO PLAYER, USER MATERIAL, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH THE PROPERTIES, ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, JOHNNY BERBA DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE JOHNNY BERBA SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE. IN NO EVENT SHALL JOHNNY BERBA OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT LICENSORS) (COLLECTIVELY, THE “JOHNNY BERBA PARTIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE JOHNNY BERBA SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH THE PROPERTIES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE JOHNNY BERBA PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS
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. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE JOHNNY BERBA SERVICE OR $50 (WHICHEVER IS LESS).
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE JOHNNY BERBA PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE JOHNNY BERBA SERVICES (INCLUDING YOUR USE OF THE CONTENT). JOHNNY BERBA RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
- NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT If you believe that any Content, User Material, or other material provided through the Johnny Berba Services, including through a link, infringes your copyright, you should notify Johnny Berba of your infringement claim in accordance with the procedure set forth below.
We will process each notice of alleged infringement that Johnny Berba receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to [email protected] (subject line: “DMCA Takedown Request”).
To be effective, the notification must be in writing and contain the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Johnny Berba Services that is reasonably sufficient to enable Johnny Berba to identify and locate the material; (iv) how Johnny Berba can contact you, such as your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material.
Johnny Berba has a policy of terminating repeat infringers in appropriate circumstances.
It’s important to us that we address any issues you might have promptly. To help us do that, you agree to begin any arbitration within one year after your claim arose; otherwise, your claim is waived. As an exception to this arbitration agreement, Johnny Berba is happy to give you the right to pursue in small claims court any claim that is within that court’s jurisdiction as long as you proceed only on an individual basis.
Because we prefer to resolve our issues with you directly, you agree to arbitrate with Johnny Berba only in your individual capacity, not as a representative or member of a class. As such, your claims may not be joined with any other claims and there shall be no authority for any dispute to be arbitrated on a class-action basis or brought by a purported class representative. Arbitration hearings will be held in London County, UK.
It is important that you understand that the arbitrator’s decision will be binding and may be entered as a judgment in any court of competent jurisdiction. If you’re not sure what all of this means, of course please feel free to ask an attorney. Since we always prefer to find ways to satisfy you as quickly and efficiently as possible, before initiating any arbitration proceeding, you agree to first discuss the matter informally with Johnny Berba for at least 30 days.
To do that, please send your full name and contact information, your concern and your proposed solution by email to us at: [email protected]
- GENERAL INFORMATION Export Controls. Software and the transmission of applicable technical data, if any, in connection with the Johnny Berba Services are subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.
No Waiver/Reliance. If you see other parties violating these Terms, we would appreciate it if you would let us know at [email protected] (subject line: “TOU Violation”). Precisely how Johnny Berba responds to a party that is violating these Terms will be determined after carefully analyzing all of the facts and circumstances of a particular case.
Except as set forth in Section 2 above, these Terms may not be amended or varied except in a writing signed by Johnny Berba. Although we understand that electronic or digital signatures are frequently viewed as the equivalent of traditional written signatures these days, for these purposes, a signature or “signed” writing or written agreement may not include an electronic or digital signature.