Terms of Use

Amended Effective September 5, 2008.

1. Your Acceptance
BY USING AND/OR VISITING THIS SITE (collectively, including all Content [as defined below in Section 5] available through the caachi.com domain name, and properties (such as video widgets) created or owned by or made for Caachi which may be on other domains besides caachi.com domain, the "Site"), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Use") AND THE TERMS AND CONDITIONS OF CAACHI'S PRIVACY NOTICE, WHICH ARE PUBLISHED AT PRIVACY POLICY, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. Caachi, Inc. (“Caachi”), owns the Site and the services provided thereon (“Services”). If you do not agree to any of these terms, then please do not use the Site.

2. Site
These Terms of Use apply to all users of the Site, including users who are also contributors of video content, information, and other materials or services on the Site. The Site may contain links to third party sites that are not owned or controlled by Caachi. Caachi has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites. In addition, Caachi will not and cannot censor or edit the content of any third-party site. By using the Site, you expressly relieve Caachi from any and all liability arising from your use of any third-party site. Accordingly, we encourage you to be aware when you leave the Site and to read the terms and conditions and privacy policy of each of the other sites that you visit.

3. Site Access

3A. Caachi hereby grants you permission to use the Site as set forth in these Terms of Use, provided that: (i) your use of the Site as permitted is solely for your personal use; (ii) you will not copy or distribute, except for your non-commercial and personal use, any part of the Site or its Services in any medium without Caachi's prior written authorization; (iii) you will not alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Use.

3B. In order to access some features of the Site, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Caachi immediately of any breach of security or unauthorized use of your account. Although Caachi will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Caachi or others due to such unauthorized use.

3C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Site in a manner that sends more request messages to the Caachi servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, Caachi grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Caachi reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site in connection with their Filmmaker Works (as defined in Section 6 hereof).

3D. If you are a reviewer of films ("Reviewer") and Caachi provides Reviewer access to stream and download and view the Filmmaker Works (as that term is defined in Section 6 hereof) without charge, then Reviewer and the company for which Reviewer works may watch Filmmaker Works by streaming or obtain torrents (i.e., tickets to Filmmaker Works) and download any of the Filmmaker Works provided by Caachi for film review purposes only. Reviewer understands and acknowledges that as a reviewer of films: (1). Reviewer shall only use the Film Works in Reviewer's capacity as a Reviewer; (2). Reviewer shall not publish or copy, nor share, disseminate or distribute the Film Works, except to those in Reviewer's company who are assisting Reviewer in reviewing films; and (3). Caachi may revoke Reviewer's privileges to stream or download Filmmaker Works in accordance with this Section 3(D) at any time, without notice, and without cause.

4. Payment for Content.
Caachi may charge a fee for downloading or streaming certain Content ("Fee"). You will pay the Fee prior to downloading or streaming any Content that requires the payment of a Fee. Payment for such Content may be made by credit card and through third party vendors and you hereby authorize Caachi and/or its authorized agent to transact payments on your behalf to pay Fees. In addition, if you authorize us to do so, we will retain your credit card information in our database to facilitate your checkout process for payment transactions to stream or download and pay for Content. You agree and acknowledge that if you fraudulently report your credit card used to obtain the Content, or you fraudulently report that an authorized charge by Caachi and/or its authorized agent is unauthorized, Caachi may, in its sole discretion, pursue any available rights or remedies at law or in equity, including, without limitation, the right to terminate your right to access the Site and your ability to use its Services. Access to Content for which you have paid a Download Fee shall be subject to Caachi's obligation to abide by any legal requirements and Caachi has the right to prevent access to such Content if it reasonably believes, in its sole discretion, a legal action or claim may arise or be threatened against Caachi or its representatives by showing or providing access to such Content on the Site.

5. Intellectual Property Rights

5A. Upon downloading Content and, if applicable, paying all necessary Fees, Caachi will grant you a non-exclusive, non-transferable, limited right and license to create and retain copies of the Content on multiple devices but only for your non-commercial, personal use. With respect to streaming Content and, if applicable, paying all necessary Fees, Caachi will grant you a non-exclusive, non-transferable, limited right and license to view the Content on devices that stream without downloading the Content to such devices but only for your non-commercial, personal use. The content on the Site including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, films, Filmmaker Works, interactive features, raw data, and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Caachi, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Site is provided to you AS IS for your information and personal use only and, except as otherwise specifically permitted herein, may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Caachi reserves all rights not expressly granted in and to the Site and the Content. You agree to not: (i) frame or link to the Site except as expressly permitted in writing by Caachi; (ii) permit unauthorized individuals to use the Services; (iii) modify, translate, reverse engineer, decompile, disassemble (except to the extent that this restriction is expressly prohibited by law) or create derivative works based upon the Content or any portion thereof; (iv) copy the Content or any portion thereof, except as specifically provided for herein; (v) sell, rent, lease, transfer, distribute, broadcast, display or otherwise assign any rights to the Content to any third party; (vi) remove any proprietary notices or labels on the Content; (vii) use the Services in conjunction with any device or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction; (viii) use the Services or Content for any commercial or illegal purpose; (ix) use the Services to invade the privacy of, or obtain personal information about, any Caachi account holder or user, or to obtain a list of Caachi account holders or users; (x) copy, modify, erase or damage any information contained on the Services, or any third party servers; (xi) use the Services to violate any legal right of any third party, including any publicity or privacy right, copyright or other intellectual property right, or to take any action that is harassing, libelous, defamatory, abusive, tortious, threatening, harmful or otherwise objectionable; (xii) use any data mining, robots, or similar data gathering and or extraction tools in connection with the Services; (xiii) use the Services to post or transmit any unsolicited advertising or promotional materials; (xiv) access or use any password protected, secure or non-public areas of the Services except as specifically authorized in writing by Caachi (unauthorized individuals attempting to access these areas of the Services may be subject to prosecution); (xv) impersonate or misrepresent your affiliation with any person or entity; (xvi) interfere or attempt to interfere with the operation of the Services in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs; or (xvii) attempt to disable, bypass, modify, defeat or otherwise circumvent any of the digital rights management or other security related tools incorporated into the software (including, without limitation, the tools that delete Content that has expired and for which you have ).

5B. To provide certain Services, you grant us the right to use raw data related to the use and distribution of Caachi's products and acknowledge that Caachi has the right to collect such data as part of the Services. You hereby grant Caachi a non-exclusive, perpetual, worldwide and irrevocable right and license to utilize such data to track, extract, compile, synthesize, aggregate, and analyze such data, including, but not limited to, the creation of anonymous and promotional tracking data ("Tracking Data"). We reserve the right to use, reproduce, distribute and display Tracking Data, in our sole discretion. You grant us a non-exclusive, royalty-free, fully-paid, worldwide, irrevocable license to use, reproduce, adapt, modify, publish, translate, create derivative works from, communicate to the public and display the Tracking Data.

6. Filmmaker Works and User Works
6A. The Site offers films submitted by the film owners ("Filmmaker Work(s)") and may now or in the future permit the submission of videos or other communications submitted by you and other users ("User Work(s)") and the hosting, sharing, and/or publishing of such Filmmaker Works and User Works. You understand that whether or not such Filmmaker Works or User Works are published, Caachi does not guarantee any confidentiality with respect to any submissions. BY USING THE SITE AND ANY RELATED FEATURES, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE CONSENTING TO THE RELEASE OF INFORMATION ABOUT YOU TO A PUBLIC FORUM, INCLUDING OTHER USERS AND VISITORS OF THE SITE AND CAACHI. IF YOU DO NOT WANT INFORMATION ABOUT YOU, INCLUDING PERSONALLY IDENTIFYING INFORMATION TO BE SHARED IN A PUBLIC FORUM, DO NOT USE THE SITE.

6B. If you are a copyright owner or an agent thereof and believe that any Filmmaker Work or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by contacting us by email or mail (Caachi, Inc., Attn: Legal, PO Box 590066, San Francisco, CA 94159) and providing Caachi with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You acknowledge that if you fail to comply with all of the requirements of this Section 6(B), your DMCA notice may not be valid.

6C. You understand that when using the Site, you will be exposed to Filmmaker Works and User Works from a variety of sources, and that Caachi is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Filmmaker Works or User Works. You further understand and acknowledge that you may be exposed to Filmmaker Works or User Works that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Caachi with respect thereto, and agree to indemnify and hold Caachi, its affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.

6D. Caachi permits you to link to materials on the Site for personal, non-commercial purposes only subject to compliance with these Terms of Use or as otherwise permitted by Caachi as evidenced in writing by a Caachi representative empowered to legally bind Caachi.

7. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, CAACHI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. CAACHI MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. CAACHI DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND CAACHI WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

8. Limitation of Liability
IN NO EVENT SHALL CAACHI, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT CAACHI SHALL NOT BE LIABLE FOR FILMMAKER WORKS OR USER WORKS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Site is controlled and offered by Caachi from its facilities in the United States of America. Caachi makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.

9. Indemnity
You agree to defend, indemnify and hold harmless Caachi, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Site; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Filmmaker Works or User Works caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Site.

10. Ability to Accept Terms of Use
All Content is intended only for those persons over the age of 18 or ages 13 to 18 who have received consent from their parent or guardian. As such, to register for the Services and/or obtain any of the Content  requiring the payment of a fee available through the Service, you represent that you are at least 18 years of age or older, or that you are between the ages of 13 and 18 and have received consent from your parent or guardian. If you are under the age of 13, please exit our Site.

11. Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Caachi without restriction.

12. Arbitration
Any and all claims, grievances, demands, controversies causes of action or disputes of any nature whatsoever (including but not limited to tort and contract claims, and claims upon any law, statute, order or regulation) (hereinafter "Claims"), arising out of, in connection with, or relating to (i) the interpretation, performance or breach of these Terms of Use, or (ii) the arbitrability of any Claims under these Terms of Use shall be resolved by final and binding arbitration before a single arbitrator, on an individual basis. Such arbitration shall be administered in San Francisco, California by the AAA in accordance with its then-existing Commercial Arbitration Rules. Except as provided herein, the Federal Arbitration Act, 9 U.S.C. §§ 1, et seq., shall govern all proceedings hereunder. The arbitrator's award may be enforced in any court of competent jurisdiction and shall include costs and may include reasonable attorneys' fees to the prevailing party, and judgment upon the award may be entered in any court having jurisdiction thereof. YOU EXPRESSLY ACKNOWLEDGE THAT BY ACCEPTING THESE TERMS OF USE, YOU ARE GIVING UP YOUR RIGHT TO A COURT OR JURY TRIAL. Notwithstanding the foregoing, nothing stated herein shall limit either party's right to obtain any provisional remedy, including, without limitation, injunctive or similar relief, from any court of competent jurisdiction as may be necessary to protect such party's rights and interests.

13. The Site contain links through advertising and otherwise, to various third party websites and other resources ("Linked Website(s)"). These Linked Websites (other than a domain which ends in caachi.com) are not under the control of Caachi and Caachi is not responsible or liable for the content, communications or materials of any Linked Websites. Caachi is providing these links to you as a convenience only. The inclusion of any link does not imply endorsement by Caachi of the Linked Website or its products or services, or any association with its operators. You are responsible for adhering to the applicable terms of service for any Linked Website. You are solely responsible and liable for any interactions you may have with such entities, their sponsors and other third-parties. Your correspondence or business dealings with, or participation in promotions of, third parties or content providers found on or through the Site, including any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the third party with which you contract. You acknowledge and agree that Caachi shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party content, goods or services available on or through any Linked Website.

14. General
You agree that: (i) the Site shall be deemed solely based in California; and (ii) the Site shall be deemed a passive Site that does not give rise to personal jurisdiction over Caachi, either specific or general, in jurisdictions other than California. These Terms of Use shall be governed by the internal substantive laws of the State of California, without respect to conflict of laws principles. These Terms of Use, together with the Privacy Notice at http://caachi.com/caachi/legal/privacy-policy and any other legal notices published by Caachi on the Site, shall constitute the entire agreement between you and Caachi concerning the Site. If any provision of these Terms of Use is deemed invalid by an arbitrator or court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Caachi's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Caachi reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Site following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND CAACHI AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.