• PLEASE READ THE FOLLOWING STORE OPERATOR AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE REGISTERING TO USE THE CHARGEABLE SERVICE OFFERED ON THIS WEBSITE.

    THIS STORE OPERATOR AGREEMENT CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND CINEHOST INC, (EIN#: 46-4031366), A NEW YORK CORPORATION WITH ITS PRINCIPAL OFFICE AT 114 WEST 17TH STREET, NEW YORK, NY 10011, USA, (“CINEHOST”).

    BY SIGNING UP FOR THE CINEHOST SERVICE (“SERVICE”) OR ANY OF THE SERVICES OF CINEHOST YOU ARE AGREEING TO BE LEGALLY BOUND BY THIS STORE OPERATOR AGREEMENT FROM THE CLICK-THROUGH DATE (THE “EFFECTIVE DATE”) AND OUR PRIVACY POLICY, AS THEY MAY BE MODIFIED AND POSTED ON OUR WEBSITE FROM TIME TO TIME. IN THE EVENT OF ANY INCONSISTENCY BETWEEN THE CONTENT OF THIS STORE OPERATOR AGREEMENT AND OUR PRIVACY POLICY, THIS STORE OPERATOR AGREEMENT SHALL PREVAIL.

    ANY NEW FEATURES OR TOOLS WHICH ARE ADDED TO THE CURRENT SERVICE SHALL BE ALSO SUBJECT TO THIS STORE OPERATOR AGREEMENT. YOU ARE ADVISED TO CHECK THE STORE OPERATOR AGREEMENT FROM TIME TO TIME FOR ANY UPDATES OR CHANGES THAT MAY IMPACT YOU. YOU MUST READ, AGREE WITH AND ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS STORE OPERATOR AGREEMENT BEFORE YOU MAY BECOME A CINEHOST USER.

    IF YOU DO NOT WISH TO BE BOUND BY THIS STORE OPERATOR AGREEMENT AND OUR PRIVACY POLICY THEN YOU MAY NOT PURCHASE ANY SERVICES.

    Section 1:
    Service
    • 1. Cinehost provides you (“you” or “Store Operator”) with a cloud-based, customer-branded, direct-to-consumer video-on-demand online store (“VOD Store”) with a unique URL, hosted online and powered by Cinehost, enabling you to exhibit and exploit content owned or licensed by you from other content providers.
    • 2. Cinehost provides you with access to all contact and demographic information of your customers (“End Users”) who open accounts in order to rent or purchase content, through various payment methods.
    • 3. Cinehost provides you with a password-protected administration account (“Control Panel”) that allows you to manage, monitor and access the VOD Store.
    • 4. The Service is provided and may be used solely by you and End Users. You may not: (i) lease, loan, resell or otherwise distribute the Service save as permitted in this Store Operator Agreement; (ii) use the Service to provide ancillary services; or (iii) except as permitted in this Store Operator Agreement, permit access to or use of the Service by or on behalf of any third party.
    • 5. End users are able to pay for their purchases and rentals with credit cards and other payment methods, such as PayPal.
    • 6. Modification of functionality of the VOD Store (“New Releases”) will contain new or amended features. There may be some need for configuration and additional training in order to obtain the maximum benefit of the new features. Such New Releases shall not significantly impact the existing technical setup of the VOD Store.
    Section 2:
    Account Terms
    • 1. You must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the signup process.
    • 2. You acknowledge that Cinehost will use the email address you provide as the primary method for communication.
    • 3. You are responsible for keeping your password secure. Cinehost cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
    • 4. You are responsible for all activity and content (such as data, graphics, photos, video files and links) that is uploaded under your Cinehost account (“Content”).
    • 5. You must not transmit any worms or viruses or any code of a destructive nature.
    • 6. A breach or violation of any term in the Store Operator Agreement as determined in the sole discretion of Cinehost will result in an immediate termination of your Services.
    Section 3:
    Account Activation
    • 1. Subject to section 3.2, the person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of this Store Operator Agreement and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.
    • 2. If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to this Store Operator Agreement.
    • 3. Subject to the payment of the fees, you are granted a non-exclusive and non-transferable license to use the Services.
    • 4. You shall not modify, adapt, or translate the Service or create derivative works from the Services. You have no right to obtain source code for the software comprised within the Services.
    • 5. You grant Cinehost the right to modify, re-encoder, copy or save all data uploaded to the VOD Store or processed for use with the Services. You retain all rights of ownership in such data.
    • 6. The Service is provided and may be used solely by the Account Owner and cannot be transferred or licensed to a third party without prior written permission from Cinehost.
    Section 5:
    Your Rights and Obligations
    • 1. Subject to section 3.2, the person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of this Store Operator Agreement and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.
    • 2. If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to this Store Operator Agreement.
    • 3. Subject to the payment of the fees, you are granted a non-exclusive and non-transferable license to use the Services.
    • 4. You shall not modify, adapt, or translate the Service or create derivative works from the Services. You have no right to obtain source code for the software comprised within the Services.
    • 5. You grant Cinehost the right to modify, re-encoder, copy or save all data uploaded to the VOD Store or processed for use with the Services. You retain all rights of ownership in such data.
    • 6. The Service is provided and may be used solely by the Account Owner and cannot be transferred or licensed to a third party without prior written permission from Cinehost.
    Section 6:
    Cinehost Rights and Obligations
    • 1. Technical support is only provided to paying account holders and is only available via email.
    • 2. We reserve the right to modify or terminate the Service for any reason, without notice at any time.
    • 3. We reserve the right to refuse service to anyone for any reason at any time.
    • 4. We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, threatening, libelous, defamatory, or violates any party’s intellectual property or this Store Operator Agreement.
    • 5. Verbal or written abuse of any kind (including threats of abuse or retribution) of any Cinehost customer, Cinehost employee, member, or officer will result in immediate account termination.
    • 6. Cinehost does not pre-screen Content, and it is in our sole discretion to refuse or remove any Content that is available via the Service.
    • 7. We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Cinehost employees and contractors may also be Cinehost customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.
    • 8. In the event of a dispute regarding account ownership, we reserve the right to request documentation to determine or confirm account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.
    • 9. Cinehost retains the right to determine, in our sole judgment, rightful account ownership and transfer an account to the rightful owner. If we are unable to reasonably determine the rightful account owner, Cinehost reserves the right to temporarily disable an account until resolution has been determined between the disputing parties.
    Section 7:
    Limitation of Liability
    • 1. Subject to any statutory provision to the contrary, you expressly agree that Cinehost and its suppliers shall not be liable for any direct, indirect, incidental, special, pecuniary, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service arising out of or in connection with a breach of this Store Operator Agreement. “Consequential Loss” shall for the purposes of this clause mean without limitation (a) pure economic loss; (b) losses incurred by any End User, a client of yours or other third party; (c) loss of profits (whether categorized as direct or indirect loss); (d) losses arising from business interruption; (e) loss of business revenue, goodwill or anticipated savings; (f) losses whether or not occurring in the normal course of business, wasted management or staff time and; (g) loss or corruption of data.
    • 2. Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
    • 3. Cinehost does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
    • 4. Cinehost does not warrant that the quality of any products, services, information, or other material purchased or obtained through the Service will meet your expectations, or that any errors in the Service will be corrected.
    • 5. Cinehost shall not be liable for, and shall have no obligation to fix, any errors, incidents, problems or bugs or any lack of availability of the Service caused by the following: any breach of your obligations, unavailability of telecommunications, faults or omission of ISPs, any lack of connectivity caused by a third party, any bugs or defects in any third party software, any DNS issues not within the direct control of Cinehost i.e. a fault on your or an End User’s network or own equipment configuration, or any force majeure situation.
    • 6. Subject to the above terms of this section 7, Cinehost’s entire liability for any and all claims arising out of or related to this Store Operator Agreement, for breach of contract, in tort (including negligence or breach of statutory duty), misrepresentation, however arising or based upon any claim for indemnity or contribution shall be limited shall not exceed one hundred (100) per cent of the total Fees (excluding any VAT, duty, sales or similar taxes) paid to Cinehost for the Service to which a claim relates.
    • 7. You acknowledge and agree by agreeing to this Store Operator Agreement, you had recourse to your own skill and judgment and have not relied on any representations made by Cinehost, any employees or agents of Cinehost with respect to results of the Service provided.
    Section 8:
    Intellectual Property and Customer Content
    • 1. All intellectual property rights and title to the VOD Store and Service (save to the extent incorporating any Content, material provided by you or third party owned item) shall remain with Cinehost and/or its licensors and no interest or ownership to the VOD Store, Services, intellectual property or otherwise is transferred to you by this Store Operator Agreement.
    • 2. All intellectual property rights and title to the material and Content that you provide to Cinehost or upload to the VOD Store or use as part of the Service shall remain with you and/or its licensors and no interest or ownership to the material or Content, intellectual property or otherwise is transferred to Cinehost by this Store Operator Agreement. You can discontinue your VOD Store at any time by deleting your account.
    • 3. By uploading Content or materials, you agree: (a) to allow other internet users to view your store Content and materials; (b) to allow Cinehost to display and store your Content and materials; and (c) that Cinehost can, at any time, review all the store Content and materials submitted by you to the Service.
    • 4. Although you retain ownership over all Content and material that you upload to the Service; however, by making your store public, you agree to allow others to view your Content and material. You are responsible for compliance of the Content and material with any applicable laws or regulations.
    • 5. Cinehost will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time Cinehost received it; (b) comes into the public domain after Cinehost received it through no fault of Cinehost; (c) Cinehost received from someone other than you without breach of our or their confidentiality obligations; or (d) Cinehost are required by law to disclose.
    Section 9:
    Indemnity
    • 1. You shall indemnify and hold Cinehost and (as applicable) our parent, subsidiaries, affiliates, partners, sub-contractors, officers, directors, agents, and employees, harmless from any claim or demand, any cost, losses, damages, liabilities and expenses, including reasonable legal costs arising from any claim relating to or resulting directly or indirectly from: (a) any claimed infringement or violation of any third party’s intellectual property rights; (b) any claims arising out of your breach of this Store Operator Agreement (including but not limited to any claim in contract, tort, for defamation, obscenity, data protection, breach of privacy, breach of any applicable law); (c) use of the Content; or (d) any material provided by you.
    • 2. You shall ensure that the personal data, which you supply or disclose to Cinehost, has been obtained fairly and lawfully, that same shall not infringe on the rights of any third party; and that it will obtain all necessary approvals from persons whose data is being processed and registrations with authorities to permit Cinehost to transfer personal data to third parties pursuant to its obligations under this Store Operator Agreement.
    Section 10:
    Invoicing and Payment of Fees
    • 1. A valid credit card is required for opening an account with Cinehost.
    • 2. Cinehost is responsible for collecting all fees payable for use of the Service by End Users.
    • 3. Cinehost processes, and collects all payments from End Users for use of Content and reports on payments via the Control Panel.
    • 4. Cinehost will pay you the following amounts for use of the Service: (i) 100% of the net sum collected by Cinehost in connection with use of Content via the VOD Store (“Gross Receipts”) where you provide all Content (which shall include a parent or subsidiary within the same group of companies) minus the amount agreed with you when registering to use the Service and agreeing online to this Store Operator Agreement; (ii) Where Content is provided by a third party, 30% of Gross Receipts, (both (i) and (ii) together referred to hereafter as “Revenue”).
    • 5. Invoices will be issued for the Service from the Effective Date at 30 day intervals. The Account Owner will be sent an invoice via the email provided on registration for the Service at the end of each 30 day period. An invoice will also appear on the account page of your Control Panel.
    • 6. You have two weeks from the date of invoices to query and settle any issues with invoices. Where payment of any invoice is not received within two weeks of the due payment date, Cinehost may, without liability to you, disable your account and access to all or part of the Service, and Cinehost shall be under no obligation to provide any or all of the Service while the invoice(s) concerned remains unpaid.
    • 7. All sums payable shall be paid in US dollars and are exclusive of all federal, provincial, state or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”). If you are a resident of the State of New York, you are responsible for all applicable Taxes that arise from or as a result of your subscription to the Services. These Taxes are based on the rates applicable to the United States billing address you provided to us. Such amounts are in addition to payment for the Service and will be billed to your credit card. If you are exempt from payment of such Taxes, you must provide Cinehost with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date Cinehost receives such a certificate.
    • 8. Cinehost does not provide any refunds.
    Section 11:
    Cancellation and Termination
    • 1. You may cancel your account at anytime by emailing support@cinehost.com.
    • 2. Once cancellation is confirmed, all of your Content will be immediately deleted from the Service. Since deletion of all data is final please be sure that you do in fact want to cancel your account before doing so.
    • 3. If you cancel the Service in the middle of a calendar month, you will receive one final invoice via email. Once that invoice has been paid you will not be charged again.
    • 4. Cinehost reserves the right to modify or terminate the Service for any reason, without notice at any time.
    • 5. Fraud: Without limiting any other remedies, Cinehost may suspend or terminate your account if Cinehost suspects that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Service.
    • 6. Termination for any reason shall not affect the accrued rights of the parties arising under this Store Operator Agreement and in particular without limitation the right to recover damages against the other and all clauses which by their nature should survive the expiry or termination of this Store Operator Agreement shall remain in force and effect.
    Section 12
    Modifications to the Service and Prices
    • 1. Prices for using Cinehost are subject to reasonable change upon 30 days notice from Cinehost. Such notice may be provided at any time by posting the changes to the Cinehost website (cinehost.com) or the administration menu of your Cinehost store via an announcement.
    • 2. Cinehost reserves the right at any time to time to modify or discontinue, the Service (or any part thereof) with or without notice.
    • 3. Cinehost shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
    Section 13:
    Optional Tools
    • 1. Cinehost may provide you with access to third party tools over which Cinehost neither monitors nor has any control or input.
    • 2. You acknowledge and agree that Cinehost provides access to such tools ‘as is’ without any warranties, representations or conditions of any kind and without any endorsement. Cinehost shall have no liability whatsoever arising from or relating to your use of optional third party tools.
    • 3. Any use by you of optional tools offered through the VOD Store or Service is entirely at your own risk and discretion and you should ensure that you are familiar with and approve the terms on which tools are provided by the relevant third party provider(s).
    • 4. Cinehost strongly recommends that you seek specialist advice before using or relying on certain tools. In particular, tax calculators should be used for reference only and not as a substitute for independent tax advice when assessing the correct tax rates merchants should charge end users.
    Section 14:
    Data Protection and End User Data
    • 1. Each party undertakes to comply with its obligations under relevant applicable data protection and privacy laws.
    • 2. To the extent that personal data is processed using the Services, the parties acknowledge that Cinehost is a data processor and you are the data controller and the parties shall comply with their respective statutory data protection and privacy obligations. Cinehost agrees that it will only process personal data on behalf of, and in your name.
    • 3. Cinehost confirms that it: (a) merely acts as a data processor; (b) will only process data in accordance with the instructions of the data controller; and (c) has taken, as well as its subcontractors, licensors and hosts, sufficient technical and organizational measures to safeguard personal data.
    Section 15:
    Force Majeure
    • 1. “Force Majeure” means anything outside the reasonable control of Cinehost, including but not limited to, acts of God, fire, storm, flood, earthquake, explosion, accident, acts of the public enemy, war, rebellion, insurrection, sabotage, epidemic, quarantine restriction, labor dispute, labor shortage, power shortage, including without limitation where Cinehost ceases to be entitled to access the Internet for whatever reason, server crashes, deletion, corruption, loss or removal of data, transportation embargo, failure or delay in transportation, any act or omission (including laws, regulations, disapprovals or failures to approve) of any government or government agency.
    • 2. If Cinehost is wholly or partially precluded from complying with its obligations under the Store Operator Agreement by Force Majeure, then its obligation to perform will be suspended for the duration of the Force Majeure.
    • 3. As soon as practicable after an event of Force Majeure arises, Cinehost will notify you of the extent to which Cinehost is unable to perform its obligations under the Store Operator Agreement.
    Section 16:
    Miscellaneous
    • 1. The failure of Cinehost to exercise or enforce any right or provision of the Store Operator Agreement shall not constitute a waiver of such right or provision.
    • 2. The Store Operator Agreement constitutes the entire agreement between you and Cinehost and govern your use of the Service, superseding any prior agreements between you and Cinehost (including, but not limited to, any prior versions of the Store Operator Agreement).
    • 3. You may not assign, transfer or subcontract your rights under this Store Operator Agreement without the prior written consent of Cinehost.
    • 4. The parties are independent contractors and nothing in this Store Operator Agreement will be construed as creating an employer-employee relationship.
    • 5. Nothing contained in this Store Operator Agreement is intended to be enforceable pursuant to any statutory or other rights that any third party who is not a party to this Store Operator Agreement may have, unless specifically stated otherwise.
    • 6. Should a provision of this Store Operator Agreement be invalid or become invalid then the legal effect of the other provisions shall be unaffected. A valid provision is deemed to have been agreed which comes closest to what the parties intended commercially and shall replace the invalid provision. The same shall apply to any omissions.
    • 7. Unless stated otherwise, notices to be sent under this Store Operator Agreement, shall be in writing and shall be deemed to have been duly given if sent by registered post or acknowledged fax to a party at their registered postal address.
    • 8. This Store Operator Agreement will be construed and enforced in accordance with the laws of the State of New York without regard to conflict of laws. The parties submit to the exclusive jurisdiction of the federal and state courts located in New York and all related courts of appeal.
  • PLEASE READ THE FOLLOWING CONTENT PROVIDER AGREEMENT (“AGREEMENT”) CAREFULLY before registering to use the chargeable Services offered on this website.

    THESE TERMS AND CONDITIONS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU (the “CONTENT PROVIDER”) AND Cinehost, Inc., (EIN#: 46-4031366), a New York corporation with its principal office at 114 West 17th Street, New York, NY 10011, USA, (“CINEHOST”).

    By REGISTERING ONLINE for chargeable Services ON OUR WEBSITE and clicking the AGREE button, you agree to be legally bound from the Click-through date (the “Effective Date”), by THE TERMS OF THIS AGREEMENT and OUR privacy policy, as they may be modified and posted on our website from time to time. In the event of any inconsistency between the content of the terms OF THIS AGREEMENT and OUR privacy policy, the terms OF THE AGREEMENT shall prevail.

    IF YOU ARE UPLOADING CONTENT ON BEHALF OF A THIRD PARTY YOU SHOULD INFORM SUCH THIRD PARTY ABOUT THE TERMS AND EXISTENCE OF THIS AGREEMENT. THIS AGREEMENT WILL ALSO BE BINDING ON SUCH THIRD PARTIES AND BY AGREEING TO THE TERMS HEREIN YOU ARE ACKNOWLEDGING THAT YOU ARE THEIR AGENT AND LEGALLY ABLE TO BIND THEM.

    If you do not wish to be bound by the terms of this agreement and our privacy policy then you may not purchase ANY Services.

    1. Purpose of this Agreement
    • 1.1 This Agreement sets out the terms under which Cinehost will make certain audiovisual content, such as feature film or TV series (“Title” or collectively “Content”), owned or controlled by the Content Provider available to end users (“End Users”) for the purpose of exhibition and exploitation through the use of various video-on-demand online stores powered and supported by Cinehost (“VOD Store”) that are managed and administered by their owners and operators (“Store Operators”).
    • 1.2 Cinehost provides Content to VOD Stores to facilitate the publication, display, use, storage, distribution, transmission and selling or rental of Content online to End Users.
    • 1.3 The Content Provider hereby grants Cinehost the right to use the Content for the purposes set out in this clause 1.
    2. Delivery and Use of Content
    • 2.1 The Content Provider shall from the Effective Date upload video files, images and textual metadata (“Materials”) to Cinehost via the online interface (“Control Panel”).
    • 2.2 The Content Provider can control the geographic regions where Content can be exploited by Store Operators by specifying the relevant territories in the Control Panel.
    • 2.3 The Content Provider can choose to make Content available on any VOD Store on a Title-by-Title basis as per mutual agreement with Store Operators.
    • 2.4 The Content Provider determines the price at which Content is made available to Store Operators.
    3. Fees, Payment and Accounting
    • 3.1 Cinehost is responsible for collecting all fees payable for use of the Content.
    • 3.2 Cinehost processes, and collects all payments from End Users for use of Content on VOD Stores and reports on payments via the Control Panel in real time.
    • 3.3 Cinehost will pay the Content Provider the following amounts for use of Content: (i) 100% of the net sum collected by Cinehost in connection with use of Content via VOD Stores (“Gross Receipts”) where the Store Operator and the Content Provider are the same legal entity (which shall include a parent or subsidiary within the same group of companies); (ii) Where the Content Provider and the Store Operator are not the same legal entity (as defined above) 50% of Gross Receipts, (both (i) and (ii) together referred to hereafter as “Revenue”).
    • 3.4 Cinehost pays Revenue to Content Providers monthly no later than thirty (30) days following the end of any calendar month in which Gross Receipts are received in connection with Content.
    • 3.5 All sums payable under this Agreement shall be paid in US dollars and are exclusive of any applicable sales tax or duties, which if payable shall be payable by the Content Provider. Any amount payable pursuant to this Agreement shall be increased in such amount as shall ensure that it is withholding or tax inclusive and that after payment of any relevant withholding tax, penalties or interest Cinehost is left with at least the sum indicated in the Agreement as payable to Cinehost.
    4. Intellectual Property Rights
    • 4.1 The Content Provider acknowledge and agrees that all IPR on VOD Stores (other than Content and the Content Provider’s IPR) vests and shall always remain vested in Cinehost or its respective licensors and that the Content Provider has no right, title or interest in or to such IPR.
    • 4.2 Cinehost acknowledges and agrees that all IPR in the Content (other than third party IPR and Cinehost IPR) vests and shall always remain vested in the Content Provider or its respective licensors and that Cinehost has no right, title or interest in or to such IPR other than as expressly set out in this Agreement.
    • 5. Confidentiality
    • 5.1 Other than as required by law, governmental authority, or to enforce its rights hereunder, neither party will, without the express written consent of the other party, disclose the terms of this Agreement or any information of a commercially sensitive nature (including but not limited to business, marketing, technical, financial, scientific information, together with computer readable media, documents, techniques and know-how which are obtained in connection with this Agreement or disclosed by one party to the other for use in or in connection with this Agreement) shared with the other party which should reasonably be understood to be confidential, except to its attorneys, employees, agents, accountants, investors, lenders, sub-contractors or directors on a “need-to-know” basis, provided that such persons are similarly required to keep such information confidential.
    • 5.2 Cinehost is hereby granted the right to publicize and promote Content via press releases, social media activity, creation of audio-visual and print materials such as trailers, posters, postcards, etc.
    • 5.3 Immediately upon termination of this Agreement for any reason whatsoever, the parties shall cease to use any confidential information obtained or received from each other (except as otherwise required by the terms of this Agreement) and shall return to the other party all documents and things in its possession or control containing confidential information of the other party.
    • 5.4 The obligations of confidentiality under this Agreement do not extend to information that: (i) was rightfully in the possession of the receiving party before the negotiations leading to this Agreement; or (ii) is, or after the day this Agreement is signed, becomes public knowledge (otherwise than as a result of a breach of this Agreement).
    6. Indemnification
    • 6.1 The Content Provider agrees to defend, indemnify and hold harmless Cinehost from and against any and all liabilities, losses, damages, costs and expenses made in relation to any claims or actions brought against Cinehost or a third party (including any claim in contract, tort, for defamation, obscenity, data protection, breach of privacy or breach of IPRs) based on or resulting from any breach by the Content Provider of the terms of this Agreement, provided that such claim was caused by use of the Content in accordance with the terms of this Agreement. By way of example, any cost or liability that results from the Content Provider’s failure to clear each Title or to own the applicable rights to permit exploitation of the Content will be the Content Provider’s sole responsibility.
    7. Representations and Warranties
    The Content Provider represents and warrants that:
    • 7.1 It either owns or is licensed to exploit each Title.
    • 7.2 The Content Provider is the legal and beneficial owner of all rights and clearances necessary to exploit each Title and all elements contained therein which shall include but not be limited to all rights in artwork, registered and unregistered design rights, branding, trade names, logos and get up, trade marks, website data and content rights, database rights and copyrights, electronic mail addresses, uniform resource locators or domain names, rights of whatsoever nature in computer software, data and rights in codes, inventions, improvements, privacy rights, trade secrets and confidential information, know-how, patents, typographical arrangements, all other intellectual property or related rights and all other analogous or similar intangible privileges and rights subsisting now or in the future in any part of the World including registered and unregistered rights, granted registrations, rights to apply for registration, protection, renewals, reversions or extensions, and any applications to register any of the foregoing together with all forms of protection of a similar mature subsisting anywhere in the World (“IPR”).
    • 7.3 Each Title, and exploitation of each Title by the Content Provider and on VOD Stores, including all excerpts or elements thereof, does not and will not violate or infringe upon any copyright, trademark or trade name, literary, dramatic, music, civil or property right, right of privacy of any third party, IPR of any third party or any other right or interest of any third party and shall not constitute libel, slander, defamation, invasion of privacy or unfair competition.
    • 7.4 With respect to each Title, there are no current or outstanding claims, liens, encumbrances, limitations, restrictions or rights of any nature in or to the content of such Title which might impair or interfere with the exploitation rights.
    • 7.5 With respect to each Title, no defects exist in the chain of title. Content Provider has obtained all personal releases and other rights necessary to permit Cinehost to exploit each Title, including without limitation rights to the underlying literary rights and so called “life rights,” and the foregoing will remain in effect throughout the term of this Agreement.
    • 7.6 The Content Provider has obtained all necessary synchronization, public performance, master use and other rights necessary for use of musical compositions or recordings embodied in each Title, and the foregoing shall remain current throughout the term of any agreement entered into pursuant to this Agreement. All royalties or fees payable under such licenses have been or will be paid by Content Provider and shall remain current throughout the term of any agreement entered into pursuant to this Agreement.
    • 7.7 The Content Provider fully complies with all applicable US state and federal laws and regulatory requirements, as well as all regulations and requirements of any applicable union or guild.
    • 7.8 The Content Provider has obtained all necessary written authorizations from all persons or entities whose names, voices, photographs, likenesses, works, services and materials appear in each Title or in still images or clips provided by the Content Provider for use in connection with the advertising, promotion, and other exploitation of each Title. Each of the parties represents and warrants that it:
    • 7.9 Is a duly organized, validly existing corporation or other legally recognized business organization in good standing under the laws of its jurisdiction of incorporation or formation,
    • 7.10 Has the full legal right, power, and authority to execute this Agreement and to perform its obligations hereunder, and the consent of no other person or entity is necessary in connection with the foregoing.
    8. Liability
    • 8.1 Neither party excludes its liability for fraudulent misrepresentation, death or personal injury resulting from a party’s own negligence or that of their agents or sub-contractors or any other liability that cannot be limited or excluded by law.
    • 8.2 Cinehost shall not be liable to the Content Provider in contract, tort, negligence or otherwise for any incidental or consequential loss, including without limitation, third party claims, business interruption, wasted management time, any loss of profit (whether categorized as direct or indirect), loss of opportunity, special, punitive, exemplary or consequential damages or other financial loss and all other losses (whether or not arising in the normal course of business) howsoever caused, whatsoever arising out of or in connection with the Agreement of the supply of the Content or its use by Store Operators or End Users.
    • 8.3 Cinehost has no liability whatsoever to the Content Provider or End User for a breach of Cinehost’s contractual obligations, any breach of warranty or indemnity, any representation, statement, tortious act or omission including negligence arising under or in connection with this Agreement, unless such liability cannot be excluded by law.
    9. Term and Termination
    • 9.1 This Agreement shall begin on the Effective Date and continue until (i) the Content Provider cancels its account; or (ii) the Agreement is terminated as set out below.
    • 9.2 Either party may terminate this Agreement with immediate effect upon service of a written notice if a party: (i) ceases or threatens to cease or carry on business; or (ii) is unable to pay its debts or enters into compulsory insolvency or voluntary liquidation; or (iii) convenes a meeting of its creditors or has a receiver, manager or similar official appointed in respect of its assets; (iv) or has an administrator, receiver, manager or similar official appointed; or (v) is affected by a similar event under the law of any other jurisdiction; or (vi) is prohibited under applicable law, or otherwise from complying with its obligations under this Agreement.
    • 9.3 Cinehost may terminate this Agreement with immediate effect upon service of a written notice if the Content Provider: (i) undergoes any direct or indirect change in its beneficial ownership or control; or (ii) engages in conduct prejudicial to the interests of Cinehost, by jeopardizing the Content or Cinehost’s IPRs.
    • 9.4 Either party may terminate this Agreement for material breach of any term by giving the breaching party written notice. However, where the breach is capable of remedy, provided that the breach is specified and remedy of the breach is requested, the notice shall only be effective if the breaching party fails to remedy the breach within 7 days of receipt of the notice.
    • 9.5 Termination of this Agreement for any reason shall not affect the accrued rights of the parties arising under this Agreement and in particular without limitation the right to recover damages against the other and all clauses which by their nature should survive the expiry or termination of this Agreement and shall remain in force and effect.
    • 9.6 Termination of this Agreement shall not prejudice or affect any right of action or remedy that has accrued or will thereafter accrue to either party.
    • 9.7 Upon termination of this Agreement Cinehost shall cease using the Content and all licenses granted hereunder shall terminate.
    10. Assignment
    • 10.1 Either party may assign any or all of its rights and/or obligations pursuant to this Agreement in the event that: (i) it acquires or merges with another corporation or entity; (ii) all or substantially all of its assets are acquired by a third party; or (iii) it is involved in a consolidation, reorganization or similar transaction, excluding where the assignment would assign such rights to a competitor of the non-assigning party.
    • 11. Relationship between the Parties
    • 11.1 The parties are independent contractors and nothing in this Agreement will be construed as creating an employer-employee relationship.
    • 11.2 Nothing contained in this Agreement is intended to be enforceable pursuant to any statutory or other rights that any third party who is not a party to this Agreement may have.
    12. Miscellaneous
    • 12.1 No waiver by either party of any provision of this Agreement or of any breach or default by the other party shall constitute a continuing waiver, and no waiver shall be effective unless made in writing
    • 12.2 Should a provision of this Agreement be invalid or become invalid then the legal effect of the other provisions shall be unaffected. A valid provision is deemed to have been agreed which comes closest to what the parties intended commercially and shall replace the invalid provision. The same shall apply to any omissions.
    • 12.3 Except with respect to the Content Provider’s obligation to pay the Fees, if a party is wholly or partially unable to comply with its obligations under this Agreement due to force majeure, then that party’s obligation to perform in accordance with this Agreement will be suspended for the duration of the force majeure. As soon as practicable after an event of force majeure arises, the party affected by force majeure must notify the other party of the extent to which the notifying party is unable to perform its obligations under the Agreement.
    • 12.4 This Agreement constitutes the whole agreement and understanding between the parties and supersedes all prior agreements, representations, negotiations and discussions between the parties relating to the subject matter thereof.
    • 12.5 Notices to be sent under this Agreement, shall be in writing and shall be deemed to have been duly given if sent by registered post or acknowledged fax to a party at their registered postal address.
    13. Governing Law
    • 13.1 This Agreement will be construed and enforced in accordance with the laws of the State of New York without regard to conflict of laws. The parties submit to the exclusive jurisdiction of the federal and state courts located in New York and all related courts of appeal.
  • At Cinehost we are committed to protecting and respecting your privacy. This privacy policy sets out the basis on which we will process any personal data that we collect from you, or that you provide to us. It applies to information we collect about visitors to our websites and people who use or enquire about our services. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By using this website and services you are accepting and consenting to the practices described in this privacy policy.

    Use of your information

    This privacy policy tells you how and why we collect your personal data.

    This privacy policy applies to information we collect about:

    • visitors to our websites;
    • people who use our services; and
    • people who subscribe to our newsletter.

    If you are paying for any services online we will collect payment card information.

    When you visit our website we collect standard internet log information such as Internet Protocol (IP) address, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform. We also collect information about your online activity in order to measure the number of visitors to our website, and to improve our website. This may include details such as your URL, visits to, through and from our website (including date and time), length of visits to certain pages, page interaction information (such as scrolling, clicks and mouse-overs) and methods to browse away from the page. We collect this information in a way which does not identify you. We do not draw up user profiles or link such data to personally identifiable information.

    We do not share this information with any third parties except those directly involved in collecting and processing it (such as Google Analytics).

    We will also collect information that can identify you, such as your name, office address, office telephone number, e-mail address, and other similar information when you provide it to us via contact forms, newsletter subscription forms, downloads and/or online tools.

    We use the information we collect to:

    • administer and provide our products and services;
    • notify you about changes to our services;
    • ensure that content from our website is presented in the most effective manner for you and for your computer;
    • provide you with information about products and services that you request from us, or about other goods and services we offer that are similar to those that you have already purchased or enquired about;
    • carry out our obligations under any contracts entered into with you;
    • enable internal operations including troubleshooting, data analysis, testing, research, statistical and survey purposes;
    • allow you to participate in interactive features of our services;
    • measure or understand the effectiveness of advertising or promotions we send to you and others; and
    • deliver relevant advertising or promotions to you.
    Third party access to your information

    We use the following third party providers to deliver parts of the services we provide to you:

    insert name, to deliver our e-newsletter. We gather statistics around email opening and clicks using industry standard technologies including clear gifs to help us monitor and improve our e-newsletter.

    insert name, who operates our helpline. When you call our helpline we collect Calling Line Identification (CLI) information. We use this information to help improve its efficiency and effectiveness.

    insert name, to host our website and your information on their servers.

    Other companies from within our corporate group who provide technical assistance and our business partners, sub-contractors, payment and delivery services, advertising networks, analytics providers, search information providers and credit reference agencies may have access to and provide us with information about you in relation to running this website and providing our services generally.

    We will only share your information that is essential for such third parties to provide services on our behalf.

    Use of cookies

    A cookie is a data file stored on a computer hard drive, mobile phone or other device which contains information about the user of our website. We use cookies on our website for the following purposes:

    • identifying users so that they can access their data (for example, once you log in a cookie will be used to identify you);
    • collecting analytics about how visitors use our website (often via a third party such as Google Analytics) Such data incudes how many times a visitor uses our website, the site they came from and their physical location;
    • storing preferences to remember a user’s choice about how the website should behave (for example which language they prefer). This cookie is, by default, set on arrival to our website;
    • notification for our online registration form used for you subscribing to our newsletter. This cookie is set only for individuals who complete the form.
    • recording prior actions to prevent us asking individuals to complete an action who have either already completed it, or indicated they do not wish to do so (for example a response to a poll);
    • banners to control the appearance of the cookies information banner. This cookie is set on arrival to our website by default. It expires after a set time and is not set again unless a user changes their cookie settings.

    Third party services (such as YouTube) that are embedded in the website may set cookies for similar purposes.

    You can decide whether or not to accept the use of cookies on our website by enabling or disabling cookies in your browser settings. You can find details of how to do this in your browser's Help pages. Please be aware that if you disable cookies for this website critical features may not function.

    Links to other websites

    This privacy policy does not cover use of other websites linked from this website. We encourage you to read the privacy statements on other websites you visit. Our website may contain hyperlinks to other websites not operated by us before providing any information about yourself.

    Storage and security of your information

    Information that we collect about you may be transferred to, and stored at, a destination outside the USA. It may also be processed by staff operating outside the USA who work for us or for one of our suppliers or partners. Such staff maybe engaged in, among other things, the fulfilment of the service, the processing of your payment details and the provision of support services. By submitting your data, you agree to this transfer, storing or processing.

    We will take all steps reasonably necessary to ensure that your information is treated securely and in accordance with this privacy policy. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our website or services, you are responsible for keeping this password confidential.

    Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your information, we cannot guarantee the security of your information transmitted to our website. Any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

    Minors
    This website is not intended for and shall not be used by anyone under the age of 18.
    Editing and deleting your information

    You have the right to ask for correction and/or deletion of your personal data. You also have the right to object at any time, free of charge, to the processing of your personal data and you have right of access to your personal data. If you would like to exercise any of these rights please contact us at the address below.

    Complaints or queries

    Our intention is to meet the highest standards when collecting and using personal data. For this reason, we take any complaints we receive very seriously. We encourage people to notify us if they think that our collection or use of their personal data is unfair, misleading or inappropriate. This privacy policy does not provide exhaustive detail of all aspects of our collection and use of personal data. However, we are happy to provide any additional information or explanation needed. Any requests for further information should be sent to the address below.

    How to contact us

    If you want to request any further information you can email us at: insert email address or write to us at: insert postal address.

    Changes to this privacy policy

    This privacy policy may change and therefore you should review it regularly. We will of course notify you of any changes where we are required to do so. This privacy policy was last updated on insert date 2014 and replaces any other privacy policy previously applicable.

CINEHOST BRINGS RIGHT HOLDERS
AND TVOD/SVOD AUDIENCES TOGETHER
Go Direct-to-Audience Create your own branded VOD store and exploit your library as well as titles from other content providers.
CREATE YOUR STORE
Increase Your Digital Footprint Place your content on Cinehost-powered VOD stores. Control your pricing, scheduling and geo-blocking.
BECOME A CONTENT PROVIDER
Use Cinehost to Launch Your VOD Store Today Start you free 14-day trial now
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Monetize Your Content Using
Various Business Models

Electronic Sell-Throuch Let your users buy content and allow unlimited access anywhere any time.
Transactional Let your users pay for renting individual titles or TV series for a limited period of time.
Subscription Let your audience subscribe to a library of content and pay on a recurring basis.

Features

Global Geo-blocking Since ownership rights vary between territories, you can geo-block your content based on rights availability.
Learn More
Real-time Revenue Reporting Control your platform’s revenue with password-protected access to all revenue totals, metadata, viewership statistics, as well as a wealth of demographic information about the audience.
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Local Language & Currency Speak the language of your audience and trade in their own currency.
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DRM Protection Cinehost employs studio-compliant Microsoft PlayReady DRM technology that is approved by all Hollywood studios as well as UltraViolet for both streaming and downloading.
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Smart TV and Connected Devices Penetrate the living room with Cinehost-powered branded apps for Smart TVs and connected devices.
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Advansed Statistics Analyse your revenue and a wealth of demographic information about the audience — including viewers’ region, age and gender.
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Facebook Integration Cinehost offers complete integration with Facebook’s powerful Open Graph algorithms that allow Cinehost-powered platforms to target audiences based on their interests to connect them to relevant content.
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SEE ALL FEATURES

Your Store on Mobile Devices and Smart TV

TOP FILMS ON ON CINEHOST

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Our Customers Say It Best

“We’ve evaluated many solutions on the market, and found nothing even remotely as robust and elegant as Cinehost.”
Sam Klebanov Arthouse.ru, CEO
“Hands down the best control panel for managing your own direct-to-consumer store. Even an intern can run it.”
Yariv Lerner Udaya Entertainment, Founder
“Powerful features packaged in an attractive, easy to use interface. Everything you need to run your VOD store.”
Tine Klint LevelK, President
CINEHOST IS AN INTEGRATED ENTERPRISE VOD SOLUTION
FEATURING ENHANCED SUPPORT AND DEDICATED ACCOUNT MANAGEMENT
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