Welcome to PODOP, INC.’s (“PODOP” or “we” or “us”) website hosted at watchmosaic.com (“Website” or “site”), the mobile application (hereinafter “app” or “application”), and any other affiliate websites or apps related to PODOP (together, collectively the “Service”).
Please review the following terms and conditions concerning your use of and access to the Website. By accessing AND/OR using the Website, you agree to follow and be bound by these terms and conditions (these "Terms"). If you do not agree with these Terms, you may not use the service.
NOTICE OF ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: THIS AGREEMENT INCLUDES A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER, SET FORTH BELOW, WHICH AFFECT YOUR RIGHTS ABOUT RESOLVING ANY DISPUTE WITH THE COMPANY. PLEASE READ IT CAREFULLY.
PODOP provides users (hereafter “You”, “Your”, “User” or “Users”) with an interactive entertainment experience in which the user can select different story lines for the offered motion picture entitled “Mosaic by Steven Soderbergh,” provided by Home Box Office, Inc. (“HBO”).
Use of Website Content: All content is provided AS IS and is intended for your personal, noncommercial use. The Service, and all materials published on the Service including, but not limited to, the motion picture entitled “Mosaic by Steven Soderbergh,” information, documents, logos, graphics, sounds, images, compilations, content and services ("Materials" or “Content”) are protected by and subject to copyright, trademark, patent, trade secret and other laws and are owned or controlled by PODOP or HBO, or their respective partners, vendors, licensors, agents and/or representatives (whether or not such persons are credited as the provider of the Content). PODOP reserves all rights in and to the Content not expressly granted to you hereunder. You shall have no rights to the Materials and you shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Service.
None of the Content may be modified, copied, stored, printed, reproduced, distributed, republished, hosted, performed, downloaded, displayed, posted, reposted, transmitted and/or otherwise used in any form or by any means, including but not limited to electronic, mechanical, recording, or other means, without the prior express written permission of PODOP. Also, you may not "mirror" or “archive” any Content contained on the Service on any other server without PODOP’s prior express written permission.
You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Service (“Access Software”). You may not sublicense, assign or transfer any licenses granted by PODOP, and any attempt at such sublicense, assignment or transfer shall be null and void. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from Access Software.
Except where expressly provided otherwise by PODOP, nothing on the Service shall be construed to confer any license or ownership right in or to the Materials, under any of PODOP’s intellectual property rights, whether by estoppel, implication, or otherwise.
Any unauthorized use of any Materials contained on the Service may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or communications regulations and statutes. It is the Users’ obligation to comply with all applicable state, federal and international laws. Users are responsible for maintaining the confidentiality of their account information and password and for restricting access to such information and to their computer. Users agree to accept responsibility for all activities that occur under your account or password.
Termination: You or we may suspend or terminate your account or your use of this Service at any time, for any reason or for no reason. We reserve the right to change, suspend, or discontinue all or any aspect of this Service at any time without notice.
The website or application may contain links or have references to websites controlled by parties other than PODOP. PODOP is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party websites. PODOP is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by PODOP of the linked website and/or the content and materials found at the linked website, except as specifically stated otherwise by PODOP. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of an intrusive nature.
IN NO EVENT SHALL PODOP, HBO, OR ANY THIRD PARTY PROVIDERS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES to your computer, telecommunication equipment, or other property and/or FOR LOSS OF DATA, CONTENT, IMAGES, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THESE TERMS, INCLUDING BUT NOT LIMITED TO THE accessing or USE of, OR INABILITY TO USE, THE WEBSITE AND THE SERVICES ASSOCIATED THEREWITH including but not limited to the downloading of any materials, REGARDLESS OF CAUSE, WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR THE THIRD PARTY PROVIDER HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL NOT APPLY IN THE EVENT OF CUSTOMER'S BREACH, OR RELATED TO ITS INDEMNITY OBLIGATIONS. THIS PARAGRAPH SHALL NOT AFFECT THE RIGHTS LISTED BELOW IN THE SECTION TITLED “INDEMNITIES”.
Users are being granted solely a limited, non-exclusive, non-transferrable, license to access the Service and view the Content through the Service. Except for the limited license, no right, title, interest shall be transferred to you. You agree not to use the Service for public performances.
Each User represents and warrants that it has the power and authority to enter into these Terms. PODOP warrants that it will provide the Service in a manner consistent with its business practices, as PODOP, in its sole and absolute discretion, deems fit.
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY PODOP, THE MATERIALS ON THE WEBSITE ARE PROVIDED "AS IS," AND ARE FOR USE AS CONTRACTED HEREIN. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, PODOP AND ITS THIRD PARTY PROVIDERS (including, without limitation, HBO) HEREBY DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS WITH REGARD TO THE WEBSITE, THE MATERIALS, AND THE GOODS AND SERVICES ASSOCIATED THEREWITH INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND QUALITY OF GOODS AND SERVICES EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. PODOP AND ITS THIRD PARTY PROVIDERS MAKE NO REPRESENTATIONS, GUARANTIES OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE website and the GOODS, SERVICES AND/OR MATERIALS ASSOCIATED WITH THE WEBSITE, OR THE RESULTS YOU MAY OBTAIN BY accessing or USING THE WEBSITE AND/OR THE GOODS, SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PODOP AND ITS THIRD PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE WEBSITE OR MATERIALS WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE; (B) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL YOU PURCHASE OR OBTAIN THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS; OR (C) THE GOODS, SERVICES, MATERIALS, OR THE SYSTEMS THAT MAKE THE SERVICES AND WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT NEITHER PODOP NOR ITS THIRD PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE WEBSITE AND SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. PODOP IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY PODOP, THE WEBSITE AND THE GOODS, SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH ARE PROVIDED TO YOU ON AN "AS IS" BASIS. PODOP EXPRESSLY DISCLAIMS ANY WARRANTY RELATED TO THE QUALITY OF GOODS AND/OR SERVICES AND THE PERSONS OR BUSINESSES REFERENCED ON THE WEBSITE. YOU USE THIRD PARTY PROVIDERS AND AFFILIATED SERVICES AT YOUR PERIL AND ASSUME ALL RISKS RELATED TO USE OF SAID THIRD PARTY PROVIDERS AND SERVICES.
You shall defend and indemnify PODOP and its Third Party Providers (including, without limitation, HBO) against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) finally awarded against PODOP or its Third Party Providers by a court of competent jurisdiction arising out of or in connection with a claim by a third party related to you. PODOP and its Third Party Providers shall have no indemnification obligation or other liability for any claim of infringement arising from (a) use of the Service other than in accordance with these Terms; (b) the combination of the website, application, and/or the Service; or (c) any third party products, services, or materials.
Users will comply with all applicable local, state, national and foreign laws, treaties, regulations and conventions in connection with your use of the Service, including without limitation those related to data privacy, international communications, and the exportation of technical or personal data from locations other than the location from which PODOP controls and operates the Service associated therewith.
PODOP may give notice by means of a general notice on the website, app, or by electronic mail to your e-mail address on record in PODOP’s account information. All notices shall be deemed to have been given four days after mailing or 36 hours after sending by email or posting to the Website.
Furthermore, PODOP complies with the Digital Millennium Copyright Act (“DMCA”). Any notices given pursuant to the DMCA shall be given to the PODOP designated agent via email at email@example.com or via registered US mail sent return receipt to: DMCA Compliance Agent, PodOp, Inc., 1137 2nd Street, Suite 202, Santa Monica, CA 90403.
You may give notice to PODOP at any time by letter sent by registered mail with return receipt to: PodOp, Inc., 1137 2nd Street, Suite 202, Santa Monica, CA 90403.
Content owners use Microsoft PlayReadyTM content access technology to protect their intellectual property, including copyrighted content. This device uses PlayReady technology to access PlayReady-protected content and/or WMDRM-protected content. If the device fails to properly enforce restrictions on content usage, content owners may require Microsoft to revoke the device’s ability to consume PlayReady-protected content. Revocation should not affect unprotected content or content protected by other content access technologies. Content owners may require you to upgrade PlayReady to access their content. If you decline an upgrade, you will not be able to access content that requires the upgrade.
(a) Company shall provide a copy of the Compliance Rules and the Robustness Rules (and any update(s) thereto) and the Device Assets and Revocation Provisions (Exhibit C) to persons having supervisory responsibility for the design and manufacture of PlayReady Final Products, and such persons shall be informed that PlayReady Final Products must conform to the Compliance Rules and the Robustness Rules.
(b) For all PlayReady Final Products, Company agrees to (i) maintain documentation detailing how such Final Products conform to the Compliance Rules and Robustness
We offer the following process to help you resolve a complaint or Dispute (as defined below) that you may have with PODOP or its Third Party Providers in connection with the use of this Service. Please read this section carefully. Our Customer Service Department, which you can reach at firstname.lastname@example.org can help you resolve most of your concerns. If our Customer Service Department is unable to resolve your complaint or Dispute, you agree to take the following steps to resolve any Dispute you may have with us.
You must first try to resolve any complaint or Dispute with us through our Notice of Dispute process. You begin by submitting a “Notice of Dispute” with any supporting documents or other information by U.S. Mail to:
PODOP, INC. Attention: Notice of Dispute 1137 2nd Street, Suite 202 Santa Monica, CA 90403
A “Notice of Dispute” is a written form in which you provide your name, address, contact information, email address, the facts regarding your Dispute, and the relief you are requesting from us. Once we receive your Notice of Dispute, you and we will attempt to resolve any Dispute through informal negotiation within forty-five (45) days from the date the Notice of Dispute is received by us. If an agreement cannot be reached within forty-five (45) days of receipt of the Notice of Dispute, you or we may initiate an arbitration proceeding or small claims action as described below.
If your Dispute is not resolved to your satisfaction within 45 days from when we received your Notice of Dispute, you and we agree to arbitrate all Disputes between us. As explained below, you and we also may also have the right to bring an individual action before a Small Claims Court for certain claims. You agree that arbitration or a small claims action will be your sole and exclusive remedy to resolve any dispute with us. The Federal Arbitration Act applies to this Agreement.
By agreeing to arbitrate, you are giving up the right to litigate (or participate in as a party or class member) any and all Disputes in a court before a judge or jury (except Small Claims Court). Instead, a neutral arbitrator will resolve all Disputes.
To read more about arbitration, visit www.adr.org. The American Arbitration Association (“AAA”) will conduct any arbitration under its Consumer Arbitration Rules in effect at that time. You can review the Consumer Arbitration Rules here: https://www.adr.org/sites/default/files/Consumer%20Rules.pdf. You may begin an arbitration with us by completing a Demand for Arbitration form, available by clicking here: https://www.adr.org/sites/default/files/Commercial%20Demand%20for%20Arbitration.pdf. The completed form(s) should be returned directly to the AAA. The AAA will assign someone to manage your case. You will be contacted with instructions for continuing the arbitration process. Be sure to keep a copy of everything you send to the administrator of your arbitration or us. If, for any reason, the AAA is unavailable, the parties shall mutually select another arbitration forum which will be governed by the AAA Consumer Arbitration Rules. The AAA rules will determine whether the arbitration will take place through written submissions by you and us, by telephone, or in person.
Any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Class arbitrations, class actions, private attorney general actions, consolidation of your Dispute with other arbitrations, or any other proceeding in which either party acts or proposes to act in a representative capacity or as a private attorney general are not permitted and are waived by you, and an arbitrator will have no jurisdiction to hear such claims. If a court or arbitrator finds that the class action waiver in this section is unenforceable as to all or some parts of a Dispute, then the class action waiver will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of this Dispute resolution section is found to be illegal or unenforceable, that provision will be severed with the remainder of this section remaining in full force and effect.
If you initiate an arbitration with the AAA, we will promptly reimburse you for any standard filing fee you may have been required to pay by the AAA, once you have notified us in writing and provided a copy of the arbitration demand. However, if we are the prevailing party in the arbitration, we will be entitled to seek and recover our attorneys’ fees and costs, subject to the arbitrator’s determination and applicable law.
You may also litigate any Dispute in Small Claims Court in the County of Los Angeles, California, if the Dispute meets all requirements to be heard in the small claims court. You can learn more about the Small Claims Court in the County of Los Angeles by clicking here: http://www.lacourt.org/division/smallclaims/smallclaims.aspx. However, if you initiate a Small Claims case, you are responsible for all your court costs.
You agree that the laws of the State of California govern this agreement and any claim or Dispute or issues arising from it, without regard to California’s conflict of laws rules. Unless you and we agree otherwise, in the event that the Agreement to arbitrate above is found not to apply to you or to a particular claim or Dispute as a result of a decision by the arbitrator or a court order, you agree that any Disputes or claims that you may have against us reside in and will be resolved by a state or federal court located in the County of Los Angeles in the State of California and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
If you have any questions regarding these terms or wish to contact us for any matter: