Commercial Content Terms of Service

PLEASE READ THE FOLLOWING TERMS OF SERVICE (THIS “AGREEMENT”) CAREFULLY BEFORE USING THE BITTORRENT STORE (THE “SERVICE”) OR DOWNLOADING ANY OF THE COMMERCIAL CONTENT (DEFINED BELOW). THIS AGREEMENT GOVERNS YOUR USE OF THE SERVICE AND THE COMMERCIAL CONTENT.

This is a legal agreement between you and BitTorrent, Inc. (“BitTorrent”). If you do not agree to these terms then you do not have the right to use the Service or to download or play the Commercial Content (defined below).

The BitTorrent™ client software (the “Client Software”) is licensed under a different set of terms and conditions, which you must accept prior to using the Client Software. Please refer to the license agreement associated with the version of the Client Software you have downloaded for those terms and conditions.

1. Revisions to this Agreement. BitTorrent reserves the right to revise this Agreement from time to time. When BitTorrent revises this Agreement, BitTorrent will present the revised terms to you for your acceptance. The terms of service in effect when you download each title of Commercial Content will govern your and BitTorrent’s rights and obligations in relation to such Commercial Content. At any time, the current terms of service can be accessed via a link on the home page of the BitTorrent website.

2. The Service; Consent to Temporary Storage and Transfer. BitTorrent provides an online store where you may download electronic files containing full-length movies, television shows, and other video content through the Service (“Commercial Content”) using the Client Software, which relies on the BitTorrent™ protocol (the “Protocol”). The Client Software downloads files by grabbing pieces from other users, resulting in remarkably fast downloads. SO YOUR USE OF THE CLIENT SOFTWARE TO DOWNLOAD FILES WILL, IN TURN, ENABLE OTHER BITTORRENT USERS TO DOWNLOAD PIECES OF THOSE FILES FROM YOU, thereby maximizing download speeds for all users. Although your IP address will be viewable by those other users, no other personal information about you will be available to other users during this process. You hereby consent to such downloads and to the corresponding use of your bandwidth and your digital storage space by the Client Software or the Service. Although you can control the maximum upload and download rates, while you are downloading a file you cannot completely disable downloads of that file by others. In order to prevent others from downloading Commercial Content and other files you have downloaded using the Client Software, you can: (a) remove the corresponding “.torrent” file from the Client Software, (b) quit the Client Software, (c) disconnect from the Internet, (d) turn off your computer, or (e) uninstall the Client Software. You can also temporarily prevent access to individual files by pausing transfers for such files. Future versions of the Client Software may not allow you to pause transfers and control transfer rates. You should refer to the documentation and license agreement that accompany the Client Software for further details regarding the Client Software and the Protocol.

   Each Commercial Content title is described in a separate area of the Service website (its “Content Description Page”). Any additional restrictions contained on the Content Description Page are incorporated herein by reference. You should review the Content Description Page prior to downloading a particular Commercial Content title. Your use of Commercial Content is subject to this Agreement, and any restrictions contained on the Content Description Page, and is limited by the system requirements and usage restrictions set forth below. BitTorrent reserves the right to do the following, at any time and in its sole discretion: (a) modify, suspend, or discontinue, temporarily or permanently, the Service; (b) remove, modify, or delete any Commercial Content; or (c) update the Client Software and require use of any updated client software in order to download or play Commercial Content. The price and availability of Commercial Content is subject to change at any time.

3. Your Account. In order to use the Service and download or play Commercial Content, you must register and create a BitTorrent account and provide BitTorrent with valid credit card information. You may create a BitTorrent account on the Sign Up page. In creating an account, you agree to provide accurate, current, and complete information. You are responsible for safeguarding the password that you use to access the Service. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify BitTorrent of any unauthorized use of your password.

4. Playback and System Requirements. In order to download or play Commercial Content, you may use only personal computers that (i) you have activated with BitTorrent by entering your account ID and (ii) meet the additional system requirements set forth on the System Requirements Page (the “Authorized Device”). We do not permit transfer or download to portable devices such as iPods, Zunes, PlayStation Portables, or similar devices at this time. The Service requires the version of Windows Media Player set forth on the System Requirements Page (the “Authorized Playback Software”) to play the Commercial Content. From time to time BitTorrent may change the requirements for an Authorized Device or the Authorized Playback Software or require that you download and install updates to, or a new version of, the Authorized Playback Software. We will notify you of such changes on the Service website or via email. If you choose not to install such updates and new versions, you will not be able to play new Commercial Content that BitTorrent makes available via the Service. The Authorized Playback Software is subject to its own end user license agreement, which you must accept prior to using the Authorized Playback Software.

5. Usage Restrictions. You agree not to use the Commercial Content except as explicitly permitted in Sections 5.1 and 5.2 (“Usage Restrictions”). Some of the Usage Restrictions may be enforced using digital rights management technology. You agree to comply with the Usage Restrictions and you agree not to bypass, deactivate, circumvent, reverse engineer, disassemble, or otherwise tamper with any of the digital rights management technology used to enforce the Usage Restrictions, or to facilitate or assist in such activities, including by disseminating in any medium information or instructions that have the purpose or effect of assisting or facilitating such activities. Your failure to comply with these obligations will constitute breach of this Agreement and may constitute copyright infringement.

   1. 5.1. Rented Content. For Commercial Content that you elect to “rent” (“Rented Content”), subject to your payment of all applicable rental fees, you have the right to play such Rented Content on one (1) Authorized Device for up to twenty-four (24) hours after you initially begin playback of the Commercial Content, and such playback must take place within the earlier of thirty (30) days after you have paid to rent the Commercial Content and the end of the period during which BitTorrent.com has applicable rights from the copyright owner (the “Rental Period”). You acknowledge that in this context a “rental” is a temporary license, and that your use of any Rented Content is and shall remain subject at all times to the terms of this Agreement.
   2. 5.2. Purchased Content. For Commercial Content that you elect to “purchase” (“Purchased Content”), subject to your payment of all applicable fees, you have the right to play such Purchased Content an unlimited number of times, solely on two (2) Authorized Devices. Those two Authorized Devices must be activated with the Service under the same account ID and billing account (the same credit card). You acknowledge that in this context a “purchase” is shorthand for a perpetual license and does not grant any ownership rights whatsoever in the Commercial Content. Your use of any Purchased Content is and shall remain subject at all times to the terms of this Agreement. You have the right to make a backup copy of Purchased Content on removable or external media (for example, a DVD or external hard drive) in the same format as the original downloaded file. You cannot play such backup copies of Purchased Content on a traditional DVD player or using any technology or device other than the Authorized Device and the Authorized Playback Software.

6. Other Restrictions. Except as expressly permitted in Sections 4 and 5, you will not (a) burn or otherwise duplicate the Commercial Content, including but not limited to recording it to CDs or DVDs (except for backups as specified in Section 5.2); (b) lease, rent, lend, distribute, or sell the Service or any Commercial Content; (c) further transmit or copy Commercial Content to any device other than the permitted number of your Authorized Devices; (d) download the Commercial Content outside the Territory (as defined in this Section); (e) playback the Commercial Content using anything other than the Authorized Playback Software; or (f) play the Commercial content publicly or for a fee. You acknowledge that the Commercial Content is protected by United States and international copyright laws and you agree not to copy, modify, distribute, post, or otherwise make available such Commercial Content (except as permitted in this Agreement), or to facilitate or assist in such activities. As set forth in Section 9, such unauthorized activities will result in the termination of this Agreement and termination of your BitTorrent account. Nothing in this Agreement shall constitute a waiver of any rights or remedies of the copyright owners in the Commercial Content, except as to the uses specifically permitted under the licenses you may obtain. The Content Description Page for each title of Commercial Content will indicate the Territory where you are authorized to download that title. BitTorrent uses certain technologies to detect your location in order to enforce this restriction.

7. Payment. You agree to pay for all Commercial Content that you obtain through the Service, and to pay any applicable taxes and other fees that accrue in relation to your use of the Service.

8. Delivery of Commercial Content; Risk of Loss. YOU ARE NOT ENTITLED TO AND BITTORRENT WILL NOT PROVIDE ANY REFUNDS. If you experience technical problems when you are downloading a Commercial Content title that results in a failure to fully receive that title, your sole remedy with respect to that title is replacement of that title, and an appropriate extension to the Rental Period for that title, if necessary. After you have downloaded Commercial Content, you bear all risk of loss to that content, including but not limited to loss due to file corruption, computer crash, theft, accidental deletion, or natural disaster. For this reason, you should backup all Purchased Content.

9. Termination. If you breach any term of this Agreement, including but not limited to failure to pay applicable fees, failure to safeguard your account information, violations of the Usage Restrictions, or any infringement or violation of third parties’ rights, BitTorrent will have the right, at its sole discretion and without notice to you, to do one or more of the following: terminate this Agreement, disable your account, or block your access to the Service or Commercial Content. In the event of termination, you will remain liable for all amounts due hereunder.

10. Indemnification. You will indemnify and hold BitTorrent harmless from any liability, harm, loss, or expense (including but not limited to reasonable attorneys’ fees and costs) resulting from your breach of this Agreement.

11. Disclaimers.

    1. 11.1. BITTORRENT MAKES NO WARRANTIES TO YOU, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, THE COMMERCIAL CONTENT, OR OTHERWISE, AND DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you.
    2. 11.2. You understand that, by using the Service, you may encounter offensive, indecent, or objectionable content, or content containing explicit language, and that such content may not be marked as such. BitTorrent will have no liability to you for content that you find offensive, indecent, or otherwise objectionable.
    3. 11.3. BitTorrent may place Commercial Content into certain categories or genres. BitTorrent does not guarantee the accuracy of such categories and genres.
    4. 11.4. BitTorrent does not warrant or guarantee that your use of the Service will be uninterrupted or error-free. The availability and quality of the Service depends on a number of factors outside the control of BitTorrent, including but not limited to the quality of your Internet connection and the stability and performance of your computer.
    5. 11.5. The Service and much of the Commercial Content available therein contain materials from third parties or links to third party websites and materials. You acknowledge and agree that BitTorrent is not responsible for: (a) the content or accuracy of such materials or websites; or (b) the content, products, or services on or available from such websites. You accept sole responsibility for and assume all risk arising from your use of any such materials or websites.

12. Limitation of Liability. YOU AGREE THAT BITTORRENT WILL NOT BE LIABLE FOR THE SUBSTANCE OF THE COMMERCIAL CONTENT OR THE DEFAMATORY, OFFENSIVE, INFRINGING, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT WILL BITTORRENT BE LIABLE TO YOU, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE (WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, OR STRICT LIABILITY), OR OTHER THEORY FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE, OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, EVEN IF BITTORRENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BITTORRENT’S CUMULATIVE LIABILITY TO YOU UNDER THESE TERMS WILL BE LIMITED TO THE PRICE YOU HAVE PAID FOR COMMERCIAL CONTENT REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE. You acknowledge that BitTorrent has set its prices and entered into this Agreement in reliance upon the limitations of liability specified herein, which allocate the risk between the parties and form a basis of the bargain between the parties. Some jurisdictions do not allow certain limitations of liability so the foregoing limitation may not apply to you to its full extent.

13. Rights of Content Providers. You agree that any licensor of the Commercial Content available through the Service (“Content Provider”) is a third party beneficiary solely as to Sections 4, 5, and 6 of this Agreement and that such Content Provider will have the right to enforce such sections, at law or in equity, to the same extent as if such Content Provider were a party to this Agreement.

14. General. You will not assign any rights granted to you or delegate any of your duties hereunder and any attempt to do so is void and of no effect. BitTorrent retains the right to assign its rights and delegate its duties under this Agreement in connection with a merger, reorganization, or sale of all, or substantially all, of its assets relating to this Agreement. The failure of BitTorrent at any time to require performance of any provision hereof will in no manner affect its right at a later time to enforce the same unless the same is waived in writing. This Agreement will be governed by California law without regard to choice-of-law rules or principles and will be adjudicated in the federal or state courts located in San Francisco County, California. You and BitTorrent hereby consent to personal jurisdiction and venue therein. The United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed. If for any reason a court of competent jurisdiction finds any provision of this Agreement invalid or unenforceable, that provision of the Agreement will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in full force and effect. The headings and captions are for convenience only and are not to be used in the interpretation of this Agreement. This Agreement constitutes the complete and exclusive understanding and agreement between you and BitTorrent regarding the BitTorrent Store, and supersedes all prior and contemporaneous agreements or understandings relating to such subject matter.

15. Contacting BitTorrent. To contact BitTorrent with billing questions or technical support questions, please visit the Knowledge Base. If you cannot find the answers in the Knowledge Base, you can reach us at help@bittorrent.com.