Last Updated: February 24, 2021
NOTICE: THE AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASES, INDEMNIFICATION PROVISIONS, A BINDING ARBITRATION AGREEMENT AND WAIVERS OF CLASS ACTION AND TRIAL BY JURY.
THE AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THE AGREEMENT. NEW JERSEY STATE RESIDENTS ARE ENCOURAGED TO REVIEW THEIR RIGHTS UNDER THE AGREEMENT, AS PROVIDED UNDER THE NEW JERSEY TRUTH-IN-CONSUMER CONTRACT WARRANTY AND NOTICE ACT (“TCCWNA”).
1. Your Consent to the Agreement; Modification. The Watchmode™ API (as defined below) are owned and operated by Meteoric, LLC (“Watchmode™,” “we,” “our” or “us”). You agree to the terms and conditions contained in the Agreement, in their entirety, when you: (a) access and/or use the Watchmode™ API website located at api.watchmode.com (the “Site”); (b) Signup for the Watchmode API; (c) Access the Watchmode API (d) otherwise affirmatively consent to these Terms and/or the Agreement.
These Terms are effective as of the date set forth above. Please print the Agreement for your records. A printed version of the Agreement will be valid, enforceable, and admissible in judicial or administrative proceedings based upon or relating to the Agreement to the same extent and subject to the same conditions as a paper agreement that you sign manually. Violations of the Agreement may result in suspension or termination of your Account.
We may amend the Agreement from time to time in our sole discretion, without specific notice to our Users; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site and by and through the App, and Users should review the Agreement in its entirety prior to using any Watchmode™ API. By a User’s continued use of any Watchmode™ API, that User hereby agrees to comply with all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions which shall be governed by the Dispute Resolution Provisions then in effect at the time of the subject dispute).
Please be advised that the Watchmode™ API collects data from various sources to provide a consolidated listing of movies & TV shows and their streaming availablilty. Watchmode makes a good faith effort to try to make this information as accurate as possible, but some inaccuracies are unavoidable. Watchmode API may return incomplete or inaccurate data at times. Please report any inaccurate data do us so we can correct it as quickly as possible.
2. Requirements; Necessary Equipment; Data Charges.
THE Watchmode™ API IS NOT AVAILABLE TO ANYONE UNDER THE AGE OF THIRTEEN (13).
THE Watchmode™ API IS NOT AVAILABLE TO ANYONE UNDER THE AGE OF EIGHTEEN (18) (OR THE APPLICABLE AGE OF MAJORITY, IF GREATER THAN EIGHTEEN (18) YEARS OF AGE IN THEIR RESPECTIVE JURISDICTIONS) WHOSE REGISTRATION HAS NOT BEEN APPROVED BY A PARENT OR LEGAL GUARDIAN.
If you are under eighteen (18) years of age, or the applicable age of majority, if greater than eighteen (18) years of age in your jurisdiction of residence, but older than thirteen (13) years of age (each, a “Minor”), and you wish to access the Watchmode™ API, you must have your parent(s) or legal guardian(s) (collectively, “Parent”): (a) give you her/his/their permission to access and use the Watchmode™ API; and (b) review the Agreement with you, and discuss any questions that you may have. If you are a Parent, you are responsible for exercising supervision over your Minor’s online activities. If, as a Parent, you do not agree to the terms of the Agreement, do not let your Minor access and/or use the Watchmode™ API. If you are the Parent of a Minor and you believe that your Minor has accessed the Watchmode™ API without your authorization, please Contact Us.
IF YOU ARE A PARENT OR LEGAL GUARDIAN AND YOU PROVIDE CONSENT FOR A MINOR UNDER YOUR SUPERVISION TO USE THE Watchmode™ API, YOU AGREE TO BE BOUND BY THE AGREEMENT IN CONNECTION WITH THAT MINOR’S USE OF THE Watchmode™ API.
3. Approved uses of API Data.
You may use the data returned by the API on your website or in a software application that you own. You may not resell any of the data or share it with 3rd parties. Depending on what payment plan you select, you may be required to link to Watchmode.com and provide attribution to Watchmode as the data source on any web page or application screen where the data is used. You may cache data returned from the Watchmode API for up to 30 days, at which point the data must be deleted or re-queried. For all accounts, you are required to delete any data you have cached from the Watchmode API when your account is cancelled or terminated.
3. Quotas/Rate Limiting.
Your Watchmode API account will both have a monthly quota and a rate limit. We will restrict your access to the Watchmode API if your quota or rate limit has been exceeded. Each API query you execute will cost 1 credit towards you monthly quota. Certain "appended" queries may result in more than 1 credit per quota. Watchmode reserves the right to change the way quota credits are accounted for, but will notify you at least 30 days before any change to the quota counting method. Watchmode may also change the pricing plans, and amounts of API credits available with each plan, however for existing customers they will receive at least a 30 day notice before any changes are put into effect.
4. Ownership. The Watchmode™ API, as well as the organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to same, and all Watchmode™ logos, symbols, trade dress or "look and feel,” and all derivative works or modifications of/to any of the foregoing, and all related and underlying intellectual property (including, without limitation, patents, trademarks, trade secrets and copyrights), are the sole and exclusive property of Watchmode™. We reserve all rights not expressly granted herein. Except as expressly set forth herein, no right or license is granted hereunder, express or implied or by way of estoppel, to any intellectual property rights and your use of the Watchmode™ API does not convey or imply the right to use the Watchmode™ API in combination with any other information or products. The posting of information or material by and through the Watchmode™ API does not constitute a waiver of any right in or to such information and/or materials. The “Watchmode” name and logo are trademarks of Meteoric, LLC.
All Third-Party Streaming Service trademarks, brand names, custom graphics, icons and service names are the intellectual property of their rightful owners including, without limitation, the applicable Third-Party Streaming Service providers. The use of any Watchmode™ trademark without Watchmode’s™ express written consent is strictly prohibited. The use of any third-party trademark without that party’s express written consent is strictly prohibited. The posting of information or material on the Site, in the App or otherwise by and through the Watchmode™ API by Watchmode™ does not constitute a waiver of any right in or to such information and/or materials.
5. License. Each User is granted a non-exclusive, non-transferable, revocable and limited license to access and use the Watchmode™ API. Watchmode™ may terminate this license at any time for any reason. Unless otherwise expressly authorized by Watchmode™ in writing in each instance, Users may only use the Watchmode™ API for their own personal, non-commercial use. No part of the Watchmode™ API may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. No User or other third-party may use any automated means or form of scraping or data extraction to access, query or otherwise collect material from the Watchmode™ API except as expressly permitted by Watchmode™. No User or other third-party may use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Watchmode™ API, or any portion thereof. No User or other third-party may create any “derivative works” by altering any aspect of the Watchmode™ API. No User or other third-party may use the Watchmode™ API in conjunction with any other third-party content. No User or other third-party may exploit any aspect of the Watchmode™ API for any commercial purposes not expressly permitted by Watchmode™. Each User further agrees to indemnify and hold Watchmode™ harmless for that User’s failure to comply with this Section 12. Watchmode™ reserves any rights not explicitly granted in the Agreement.
6. Disclaimers. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE LEGALITY OF YOUR USE OF THE Watchmode™ API, OR RELATED SERVICES, AND NO PERSON AFFILIATED, OR CLAIMING AFFILIATION, WITH US SHALL HAVE THE AUTHORITY TO MAKE ANY SUCH REPRESENTATIONS OR WARRANTIES.
THE Watchmode™ API, AND ALL RELATED STREAMING VIDEOS, DOWNLOADS, SERVICES, PRODUCTS, INFORMATION, IN-APP FEATURES AND DATA PROVIDED OR MADE AVAILABLE BY OR THROUGH THE Watchmode™ API ARE PROVIDED ON AN "AS IS," “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR FREEDOM FROM VIRUS OR OTHER DISABLING ROUTINE, OR INTERRUPTION, OR NON-INFRINGEMENT, AND YOU ASSUME THE ENTIRE RISK WITH RESPECT THERETO. USE OF THE INTERNET AND TELECOMMUNICATIONS SYSTEMS IS INHERENTLY RISKY AND YOU DO SO AT YOUR OWN RISK.
WITHOUT LIMITING THE FOREGOING, Watchmode™ MAKES NO WARRANTY THAT: (A) THE Watchmode™ API WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (B) ANY INFORMATION OBTAINED THROUGH THE Watchmode™ API (INCLUDING CONTENT) WILL BE ACCURATE OR RELIABLE; (C) ANY DEFECTS IN THE Watchmode™ API WILL BE CORRECTED; (D) THE APP WILL BE AVAILABLE FOR INSTALLATION OR REINSTALLATION WITH ALL MOBILE DEVICES OR THAT THE Watchmode™ API WILL BE COMPATIBLE WITH ANY SPECIFIC PC, HARDWARE, MOBILE DEVICE, WIRELESS NETWORK OR SERVICE; (E) THE Watchmode™ API WILL BE FREE FROM TECHNICAL ERROR, OR OTHER ERROR OF ANY KIND, WHETHER HUMAN, MECHANICAL OR ELECTRONIC; OR (F) THE Watchmode™ API WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Watchmode™ AND/OR THROUGH THE Watchmode™ API SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM, RELATING TO OR ARISING OUT OF VIOLATIONS OF THE AGREEMENT BY OTHER USERS AND WE HAVE NO RESPONSIBILITY TO ENFORCE THE AGREEMENT FOR THE BENEFIT OF ANY USER.
SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. AS SUCH, THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU IN ITS ENTIRETY.
7. Limitations of Liability. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER WE, NOR OUR SUPPLIERS OR LICENSORS, WILL BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST DATA OR LOSS OF GOODWILL), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF WE OR OUR THIRD-PARTY SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY, ARISING OUT OF OR RELATING TO THE AGREEMENT, THE Watchmode™ API, OR ANY INFORMATION, SERVICES, PRODUCTS OR SOFTWARE MADE AVAILABLE OR ACCESSIBLE TO YOU BY AND THROUGH SAME, INCLUDING, BUT NOT LIMITED TO, FOR: (A) THE USE OR THE INABILITY TO USE THE Watchmode™ API; (B) THE INABILITY TO INSTALL, OR REINSTALL, THE APP ON ANY MOBILE DEVICE; (C) UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA AND/OR ACCOUNT; (D) ANY ISSUE RELATED TO THE TIMELINESS, ACCURACY OR RELIABILITY OF THE Watchmode™ API; (E) ANY TECHNICAL ERROR OR OTHER ERROR OF ANY KIND, WHETHER HUMAN, MECHANICAL OR ELECTRONIC, ASSOCIATED WITH ANY OF THE Watchmode™ API; OR (F) ANY OTHER MATTER RELATING TO THE Watchmode™ API.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, OUR MAXIMUM LIABILITY TO YOU ARISING OUT OF OR IN ANY WAY CONNECTED TO THE AGREEMENT, THE Watchmode™ API, OR ANY INFORMATION, SERVICES, PRODUCTS OR SOFTWARE MADE AVAILABLE OR ACCESSIBLE TO YOU BY AND THROUGH SAME SHALL NOT EXCEED FIVE HUNDRED DOLLARS ($500.00). THE EXISTENCE OF ONE OR MORE CLAIMS BY YOU WILL NOT INCREASE OUR LIABILITY. IN NO EVENT SHALL OUR SUPPLIERS OR LICENSORS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO OUR PRODUCTS, INFORMATION OR SERVICES. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER TYPES OF DAMAGES. AS SUCH, THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THIS SECTION 15 MAY NOT APPLY TO YOU.
(a) Technical Difficulties. We are not responsible for delays, disruptions, malfunctions or other technical interruptions that affect the Watchmode™ API including, without limitation, problems with Mobile Devices, the App, the Site, computer systems, telephone carriers, or Internet service providers or the quality of coverage, strength of signal, delays or outages in service.
(b) Linked Sites. You may be able to access third-party websites or services via the Site and/or App including, without limitation, Social Media Websites and the websites of Third-Party Streaming Services. We are not responsible for third-party websites, services or content available through those third-party websites. You are solely responsible for your dealings with third-parties (including advertisers). Your use of third-party software, websites or services may be subject to those third-parties’ terms and conditions and privacy policies. Please review those legal policies before using any linked websites.
(d) Representations and Warranties.Each User hereby represents and warrants to Watchmode™ as follows: (i) the Agreement constitutes such User’s legal, valid and binding obligation which is fully enforceable against such User in accordance with its terms; (ii) such User understands and agrees that such User has independently evaluated the desirability of utilizing the Watchmode™ API and that such User has not relied on any representation and/or warranty other than those set forth in the Agreement; (iii) the execution, delivery and performance by such User of the Agreement will not conflict with or violate: (A) any order, judgment or decree applicable to such User; or (B) any agreement or other instrument applicable to such User; (iv) such User’s performance under the Agreement, her/his use of the Watchmode™ API, her/his User Links and User Content, if any, will not: (A) invade the right of privacy or publicity of any third person; (B) involve any libelous, obscene, indecent or otherwise unlawful material; (C) violate any Applicable Law; and/or (D) otherwise infringe upon the rights of any third-parties including, without limitation, those of copyright, patent, trademark, trade secret or other intellectual property right, false advertising, unfair competition, defamation, invasion of rights of celebrity, violation of any anti-discriminatory law or regulation, or any other right of any person or entity; and (v) such User shall not “stalk” or otherwise harass any person.
(e) Our Rights and Remedies; No Waiver. No Watchmode™ right or remedy shall be exclusive of any other, whether at law or in equity including, without limitation, damages, injunctive relief, attorneys' fees and expenses. Our failure to require or enforce strict performance by you of any of the terms and conditions contained in the Agreement, or to exercise any right under same, shall not be construed as a waiver or relinquishment of our right to assert or rely upon any such provision or right in that or any other instance.
(f) Assignment. We may assign the Agreement, and any rights and obligations hereunder, in whole or in part, at any time without notice to you. You may not assign the Agreement or transfer any rights to use the Watchmode™ API.
(g) Severability. The Agreement is intended to be severable. If for any reason any terms and/or conditions contained in the Agreement are held invalid or unenforceable in whole or in part by any court of competent jurisdiction, such terms and/or conditions shall, in such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Agreement, which shall continue to be binding.
(h) No Third-Party Beneficiaries. The Agreement is solely for your and our benefit, and not for the benefit of any other person, except for our successors and assigns.
(i) Indemnification. You agree, at your own cost and expense, to indemnify and hold us and our members, directors, officers, employees and agents harmless from and against any and all claims, disputes, liabilities, judgments, settlements, actions, debts or rights of action, losses of whatever kind, and all costs and fees, including reasonable legal and attorneys' fees, arising out of or relating to: (i) your breach of the Agreement; (ii) any unauthorized or improper use of your Account, the Watchmode™ API and related services by any person including yourself; (iii) your violation of Applicable Law; (iv) any failure by you to provide accurate and up-to-date Registration Data; (v) your User Content and/or User Links, if any; and/or (vi) your negligence or misconduct. If we instruct you in writing, you will, at your cost and expense, defend us from and against any of the foregoing using counsel reasonably acceptable to us.
(j) California User Consumer Rights. In accordance with Cal. Civ. Code Sec. 1789.3, California State resident Users may file grievances and complaints with the California Department of Consumer Affairs, 400 R Street, Ste. 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to email@example.com.
(k) Notice to U.S. Government Users.The App is a “commercial item” as that term is defined at 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government Users acquire the App with only those rights set forth therein.
(l) Conflicting Terms. To the extent that anything in or associated with the Watchmode™ API is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
9. Copyright Policy/DMCA Compliance. Watchmode™ reserves the right to terminate the account of any User who infringes upon third-party copyrights. If any User or other third-party believes that a copyrighted work has been copied and/or posted via the Watchmode™ API in a way that constitutes copyright infringement, that party should provide Watchmode™ with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification and location of the copyrighted work that such party claims has been infringed upon; (c) a written statement by such party that it has a good faith belief that the disputed use is not authorized by the owner, its agent or the law; (d) such party’s name and contact information, such as telephone number or e-mail address; and (e) a statement by such party that the above information in such party’s notice is accurate and, under penalty of perjury, that such party is the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Watchmode’s™ Copyright Agent for notice of claims of copyright infringement is as follows:
The Corporation Trust Company
Registered Agent for Meteoric, LLC
1209 Orange Street
Wilmington, DE 19801
10. Dispute Resolution, Class Action Waiver and Arbitration. The Agreement shall be treated as though it were executed and performed in New York, NY and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). The parties hereby agree to arbitrate all claims that may arise under the Agreement. Without limiting the foregoing, should a dispute arise between the parties including, without limitation, any matter concerning the Watchmode™ API, the terms and conditions of the Agreement or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in New York, NY, in accordance with the then current Commercial Arbitration rules of the American Arbitration Association; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found here. We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must submit your dispute for resolution by arbitration before the AAA, in your county of residence, by filing a separate Demand for Arbitration, which is available here. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys' fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Although we may have a right to an award of attorneys' fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous.
To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Watchmode™ and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that Watchmode™ incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (ii) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site and/or App, as applicable.
11. Contact Us. Please send any questions or comments regarding the Watchmode™ API, or any other related matter (including all inquiries unrelated to copyright infringement): (a) by U.S. mail to: 3435 Ocean Park Blvd #107D, Santa Monica, CA 90405; (b) via email; or (c) by calling us at: (800) 887-1161. Please print these Terms for your records.