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The following describes the terms of use (“Terms of Use”) regarding your use of phdmovie.com (the “Site”), a website operated by Piled Higher and Deeper Publishing, LLC (called “PHD Comics”, “we” or “us”). The Site offers digital versions of “Piled Higher and Deeper: The Movies”, (also known as “The PHD Movies”), and related music and videos (collectively called the “Extra Content”) for streaming and downloading.

By visiting and/or accessing the Website, you are expressively agreeing to abide by these Terms of Use.

Viewing Policy 

Streaming The PHD Movies

After successful completion of payment, you may view The PHD Movies via streaming through compatible Internet-connected devices (computers, mobile devices, Television sets and set-top players).

Downloading The PHD Movies and Extra Content

Access to download The PHD Movies or to download or stream other music or videos on the Site will depend on payment of applicable optional “add-on” fees. The option to pay for these add-ons is available after your initial check-out experience. In some cases, this option is available during the payment process.

Viewing Period

The viewing period for all content contained in the Site is indefinite. There is no expiration date on your account at this time.

Personal, Non-commercial, Private Use Only

Use of this Site is for personal, non-commercial, private use only as described in the License Granted section below.

The Streaming Experience

The resolution and quality of your streaming experience will depend on many factors, including your type of device and your bandwidth. We’ve worked hard to set up a robust system, but we make no guarantee as to the quality or resolution of The PHD Movies or Extra Content when viewing via streaming.

Downloading Content

Download speeds will depend on your Internet connection. Once we make downloadable content available to you, you are responsible for initiating the download in a prompt manner, for completing the download, and for all risk of loss of the content after download.

Availability of Site

This Site will generally continue to be available to you for downloading or streaming, as applicable, The PHD Movies and Extra Content, but may become unavailable due to potential restrictions and for other reasons, and we will not be liable to you if The PHD Movie or the Extra Content become unavailable for further download or streaming. We encourage you to watch or download The PHD Movie and Extra Content, as applicable, promptly after your purchase.

Changes to the Viewing Policy and Refusal of Service

We reserve the right to make changes to this viewing policy at any time. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

All purchases are final. We do not accept returns of any of the contents purchased on this Site.

License Granted 

Subject to your payment of all applicable fees (including applicable taxes) and your compliance with all other terms specified herein, PHD Comics grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to access the Site, and to stream or download The PHD Movies and Extra Content for your personal, Non-Commercial, Private Use only. You may not present any of the contents on this Site in a public location or in exchange for a fee or consideration of any kind, unless specifically authorized by us.

The material on the Site is protected under all applicable state and federal copyright and trademark laws. We reserve all rights to The PHD Movies, the Extra Contents and all contents of the Site (herein called the “Works”). You may not disseminate, make available, publish or transfer the Works in any form or by any means without our prior written permission. You may not remove any copyright or proprietary notices or labels in the Works. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Works, including montages, mash-ups, collages and re-mixes, without prior written permission from us. This prohibition applies even if you intend to give away the derivative materials free of charge.

You may not attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights or login management system used as part of the Site. You may not disseminate, make available, publish or transfer your login and password information.

Any unauthorized use of the Site, or the Works, automatically terminates the permission or license granted by us hereunder. Copyright and trademark infringement are violations of federal and state law, and are subject to criminal and civil penalties. You may not use the Site or the Works for any commercial or illegal purpose.

Privacy Statement 

By accessing this Site, you consent to the collection and use of your personal information as described in this Privacy Statement.

We do not store your credit card and billing information. This information is passed directly to either Stripe.com or Paypal.com for payment processing.

When submitting payment, we require you to provide a valid email address to which we may send your order confirmation and password information. A valid email address and password are required to access the materials that have been purchased. We value your privacy and will not knowingly transfer or distribute your email information to any third parties.

We receive and may store certain types of information whenever you interact with the Site. Like many web sites, we may log standard automatic information such as your IP address. In addition, this Site uses “cookies” like many web sites, and we may obtain certain types of information when you access the Site via your web browser.

Please note if you are using this site outside the U.S., you are transferring your personal information to the U.S. and you consent to that transfer.

If you are under the age of 18 years old, you must get your parent’s permission to use this Site.

Anti-Spam Policy 

Your use of this website (the “Site”) constitutes your acceptance of the terms and conditions of our Anti-Spam Policy. The following are strictly prohibited:

• Using or causing to be used the Site to facilitate the transmission of unsolicited or unauthorized. 
• Using "robots" or otherwise harvesting users’ email addresses from the Site for purposes of sending unsolicited or unauthorized material. 

Any users found to be using our programs, products or services, or information gathered or obtained from the Site, to engage in Spam may, at our discretion, be immediately blocked from future access to the Site. If we believe that unauthorized or improper use is being made of the Site, we may, without notice, take such action as we, in our sole discretion, deem appropriate. Nothing in this policy is intended to grant any right to transmit email to or through the Site. Failure to enforce this policy in every instance does not amount to a waiver of our rights.

Disclaimers 

We cannot and do not guarantee or warrant the accuracy of any information found on the Site. Any action taken or not taken by you as a result of viewing information on the Site is solely at your risk.

We do not review, and assume no responsibility to review, the content of sites to which links are provided, and make no representation or warranty as to their accuracy or reliability.

We work hard to keep the Site free of viruses or other harmful programs. However, we do not assume responsibility and shall not be liable for any damages due to, or as a result of, viruses, worms, Trojan Horses, malware or other computer programs or applications that may infect your computer or other property as a result of your accessing the Site.

Any communication or material sent to us by email or otherwise is, and will be treated as, non-confidential and non-proprietary. You hereby consent to receive communications from us electronically and agree that all communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

You agree to indemnify, hold harmless and defend us and our affiliates, officers, directors, employees, agents and network service providers, at your expense, against any and all damages, claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys’ fees and other dispute resolution expenses) incurred by us arising out of or relating to your:  

• violation or breach of any term of these Terms of Use, the Privacy Statement, Anti-Spam Policy or any applicable law, regulation, policy or guideline, whether or not referenced herein; or 
• violation of any rights of any third party. 

You agree that any dispute regarding this agreement and any use of the Site must be brought in a court of competent jurisdiction in Los Angeles County, California, and by using and accessing the Site you hereby consent to venue and jurisdiction in the State of California for any disputes arising from your use of the Site.

We do not promise that the Site, or any content, service or feature of the Site will be error-free or uninterrupted, or that any defects will be corrected, or that that your use of the site will provide specific results. The site and its contents are delivered on an “as-is” and “as-available” basis. We make no representations or warranties of any kind, express or implied, as to the operation of the site or the information, content, materials, products or services included on or otherwise made available to you through this site, unless otherwise specified in writing. You expressly agree that your use of this site is at your sole risk.

To the full extent permissible by applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that this site; information, content, materials, products or services included on or otherwise made available to you through this site; its servers; or e-mail sent from us are free of viruses or other harmful components. We will not be liable for any damages of any kind arising from the use of this site or from any information, content, materials, products or services included on or otherwise made available to you through this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

General

These Terms of Use govern your visit to, and use of, the Site. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes.  Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. If any of these conditions or provisions is deemed invalid, void, or for any reason unenforceable, that condition or provision shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

This agreement represents the entire agreement regarding your use of the Site. You may not alter the terms and conditions of this agreement without our written consent. Any attempt by you to do so is hereby rejected as void.

Thank you for visiting The PHD Movies Website!