Viewer Terms of Service Agreement

Last updated: December 14 , 2024

This website and its subdomains (the “Site”), the information on the Site, any Octopunx application (each an “App”), and the services available (each a “Service” and collectively, the “Services”), are controlled by Aether House, LLC (“Octopunx”). These Terms of Service (the “Terms”), determine your access to and use of the Service(s). By accepting these Terms, creating a free or paid membership, downloading or using an App, or otherwise accessing or using any of the Services, you represent that (1) you have read, understand, and agree to these Terms; (2) you are of legal age, and (3) you have the authority to accept these Terms personally or on behalf of the the entity you named in your account registration. The term “you” refers to the individual or such entity.

Terms are subject to change by Octopunx in its sole discretion at any time. When changes are made, Octopunx will make a copy of the updated Terms available at the Site and update the “Last Updated” date at the top of these Terms of Service. We will also attempt to notify you at the email associated with your membership. Updated Terms will apply universally to all members, both new and existing. The continued use of any Services after Terms are updated constitutes acceptance of the new Terms.

1. Automatic Renewal. If you subscribe to the Services, your Services will be automatically renewed for additional periods of the same duration as the initial term, at Octopunx's present fee for the services. You may decline to renew your subscription or cancel your subscription at any time. If you cancel your subscription, you may use the Services until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. You will not be offered any pro-rated refunds of service term remaining.

2. Your License To Our Content. Films, photos, series, livestreams, art, and all other content on this website produced by Octopunk Media are protected by intellectual property laws and applicable copyrights. Your access to these Services and contents is subject to our Terms of Service and may be revoked at any time.

Octopunx grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use our App(s) on a device that you own or control (each, a “Device”). You understand that these Apps may require updates occasionally to continue providing you with our Services. Sometimes your Device may also require an update to continue running our Apps. It is your responsibility to provide the Devices to access our Services, or other services like an internet connection, and to pay solely for these Devices and third-party necessities.

Your continued access to the Services is subject to the following restrictions: 1) you shall not sell, reproduce, distribute, host or otherwise commercially exploit any of the Services and/or our intellectual property 2) you shall not claim to represent Octopunx or any of its collaborators or works, 3) you shall follow the moderation rules of the community page, 4) you shall not infringe upon our intellectual property copyrights by illegally downloading, pirating, screen capturing, screen sharing, streaming, or otherwise distributing any of the content included in our Services, 5) you should not make claims that fan art, fan fiction, and other unauthorized creations are "canon" or "official" to Octopunx or Octopunk Media's intellectual properties, 6) you should not obscure watermarks, remove copyright notices, break DRM protections, or otherwise "workaround" any anti-piracy protections and copyright protections, and 7) you shall not make and sell merchandise that infringes upon any intellectual property of Octopunx and Octopunk Media.

3. Our License To Your Content. Octopunx hosts a community page where members can upload art, edits, fiction, and other content of their own. By uploading your work to the Octopunx site, you grant Octopunx a fully paid, royalty-free, worldwide, non-exclusive right to host the work in public. Octopunx does not own your work and you can remove it from the site at any time. You also grant Octopunx the right to feature your work in fanart showcases, spotlights, livestreams, or other celebratory promotions. If Octopunx wishes to use your work in commercial marketing materials, merchandise, or other for-profit uses on a case by case basis, Octopunx must acquire your explicit written permission.

You also acknowledge that you, and not Octopunx, are entirely responsible for all content that you upload, post, DM, transmit or otherwise make available through the Services (“User Content”). Should your content infringe on someone else's copyright - including if it violates the content of another Member (i.e., fanart plagiarism), that User or other copyright owner has the right to demand the content taken down.

All User Content is hosted at the will of Octopunx, and Octopunx cannot be held liable for the deletion of User Content, either accidentally or purposefully. Back up your work on your own drives and servers to ensure Octopunx is not its sole host.

Speaking of, indisputable plagiarism of another Member's User Content may result in your account being terminated. By posting User Content, you represent that you own or have all necessary rights to post or publish on Octopunx. You may not post of photograph of another person without their permission, unless they are a public figure.

4. Your Account. In order to access most features of the Site and all of our Services, you are required to become a Member. A "Member" is a user who has provided a username, email address, and password to register an account with Octopunx. By registering, you agree to 1) provide true and accurate information to the best of your knowledge, 2) maintain this registration to stay up to date with the latest information, 3) only create a Membership on behalf of yourself or someone you have permission to create an account for. Chiefly, you must be at least sixteen (16) years old to become a Member. Should Octopunx have reasonable grounds to suspect or realize that you have provided inaccurate information or are underage, Octopunx has the right to suspend or delete your Membership. Impersonation is grounds for account termination, as is providing a false identity.

Bans are permanent and apply to the individual or entity, not to the email or account details. Attempting to get around a ban by creating a new account, or otherwise manipulating exploits and loopholes to continue accessing the Services is ground for continued account terminations. You are not entitled to a refund of Membership fees should your account be terminated.

Password sharing is allowed. You may share your login, provided you accept responsibility for the activities on your account. If your password is breached or you become aware of any unauthorized use of your account, you agree to contact Octopunx immediately. Octopunx also reserves the right to limit the number of Devices that may be logged in or streaming content simultaneously, to prevent excessive password sharing.

You permit Octopunx and its representatives to refer to you by your chosen Member username, to credit you for User Content, attribute quotations, or otherwise refer to you.

5. Communication. By accepting these Terms, you agree to receive email communication from us, as well as physical mail and push notifications. You may opt out of promotional emails or physical mailers by unsubscribing to them, but we must retain the right to contact you concerning updates to Terms, updates to Services, and any important updates about your Membership.

6. AI Training. No content on the Octopunx site - including both all Octopunk Media and Octopunx content accessible through the Services, and User Content - shall be used to train or contribute to "AI," machine learning, large language models, or other generative AI tools. You may not create voice or likeness models of actors, crew, or other talent using our films, streams, series, galleries, or BTS content as reference.

7. Moderation. Octopunx does not pre-screen User Content. The hosting of User Content is not an endorsement of any of this content. Octopunx does expect that any triggering or adult content be properly labeled, warned for, and/or tagged by the User, or else Octopunx reserves the right to take down or edit their post. Octopunx does reserve the right to remove User Content once posted if it 1) violates any community rules, 2) was posted by a banned member, 3) violates Section 6 in regards to AI, 4) violates a Member's or third-party's copyright and they issue a takedown request, 5) threatens the personal safety of Octopunx's Members, collaborators, or representatives, or 6) otherwise is deemed inappropriate by the administrators and moderators of Octopunx, for any reason, at Octopunx's discretion.

You acknowledge and agree that Octopunx is a public website, accessible by anyone. You have no expectation of privacy concerning your User Content, Discord posts, communications in the forum, comments on videos, livestream chat messages, or other public facing content and communications.

8. Interpersonal Interactions. You are solely responsible for your interactions with other Members, and with any administrators, representatives and collaborators of Octopunk Media/Octopunx. Octopunx reserves the right, but has no obligation, to intercede in any such interactions. You agree that Octopunx will not be responsible for any liability incurred due to interactions with other Members, administrators, representatives or collaborators of Octopunx or Octopunk Media.

9. Your Conduct. There are pretty much six rules on this site for good conduct, in addition to the rules laid out on our community page. 1) Don't pirate or steal the content on Octopunx, or infringe upon the intellectual property in any way outside of non-for-profit fan works, 2) Don't be abusive, threatening, harassing, defamatory, obscene, or offensive, 3) Don't be a spammer, or only here to self-promote. All promotion on the site must have Octopunx's prior written consent, 4) Don't catfish people or impersonate someone you are not, 5) Don't interfere with Octopunx's Services or Site properly functioning (i.e. DDOS attack, mail bombing etc), and 6) Don't steal anyone's data or private information.

10. Unsolicited Material. Octopunx does not accept unsolicited scripts, films, ideas, documents, pitch decks, actor reels, or other material. Any submission of these to Octopunx will be deleted on delivery, unread/unviewed. Octopunx accepts no liability in the event that future content and Services seem coincidentally similar to submitted unsolicited material.

If you submit feedback, ideas, and suggestions for content and site features, you grant Octopunx a fully paid, royalty-free, perpetual, irrevocable, worldwide, and non-exclusive right and license to use, reproduce, perform, display, distribute, adapt, modify, and otherwise commercially or non-commercially exploit in any manner this feedback or idea.

11. Payments You agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable in accordance with the Terms. You must provide Octopunx with a valid credit card (Visa, MasterCard, or any other issuer accepted by us), GooglePay, ApplePay, PayPal, or other payment account through which you have stored a valid credit card (each, a “Payment Provider”) as a condition to signing up for the Services. Your Payment Provider agreement governs your use of the designated account, and you must refer to that agreement, not this Agreement, to determine your rights and liabilities in connection therewith. By providing Octopunx with your Payment Provider and associated payment information, you agree that Octopunx is authorized to immediately invoice your Account for all fees and charges as they become due and payable and that no additional notice or consent is required. You agree to immediately notify Octopunx of any change in your billing address or the credit card or third party account used for payment hereunder. Octopunx reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Services or by email delivery to you.

12. Taxes. If Octopunx determines it has a legal obligation to collect a Sales Tax, Octopunx may collect such Sales Tax in addition to the payments required under Section 11. You will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify Octopunx for any liability or expense Octopunx may incur in connection with such Sales Taxes. Upon Octopunx’s request, you will provide it with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.

You agree to make all payments of fees to Octopunx free and clear of, and without reduction for, any withholding taxes. Any such taxes imposed on payments of fees to Octopunx will be your sole responsibility, and you will provide Octopunx with official receipts issued by the appropriate taxing authority, or such other evidence as we may reasonably request, to establish that such taxes have been paid.

13. Free Trials. Any free trials are one-time only, and access to the Services must be used within the trial period. After expiration of the trial, a paid Membership must be purchased. Creating multiple accounts to exploit free trials may result in IP banning.

14. Indemnification. You agree to indemnify and hold Octopunx, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, representatives, collaborators, and licensors (collectively, the “Octofam”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any and all of the following: (a) your User Content; (b) your use of any Service in violation of the Terms; (c) your violation of any rights of another party, including any Members; or (d) your violation of any applicable laws, rules or regulations. Octopunx reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to fully cooperate with Octopunx in asserting any available defenses. This provision does not require you to indemnify any of the Octofam for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, or suppression or omission of any material fact in connection with any Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account, the Agreement and/or your access to the Services.

15. Liability. You understand and agree that Octopunx is not liable for the conduct of third parties or the Octofam, and that you interact with the Octofam at your own risk. You agree that you use beta features and tools on Octopunx at your own risk. You expressly understand that your use of Octopunx's Services overall is at your sole risk, and that Services are provided "As Is" and "As Available", including but not limited to Site downtime, changes in programming, changes in library features, changes in site features, and changes in Membership benefits.

In the event of a data breach on the Octopunx site, Octopunx will not be liable for any loss, damages, or identity theft resulting from the breach of your data, but Octopunx will make a good faith effort to improve security and notify Members as soon as possible that a breach of data has occurred.

At most, Octopunx will not be liable to you for more than the total amount paid to Octopunx by you during the three month period prior to the occurrence giving rise to such liability. This cap shall not apply to the liability of Octopunx for the death or personal injury caused by Octopunx's negligence or for any injury caused by Octopunx's fraud or fraudulent misrepresentation.

16. Term. The Terms commence on the date when you accept them and remain in full force and effect while you use the Services, unless terminated earlier in accordance with the Terms. However, you also acknowledge these Terms were in place before you began using the Services, and will continue to be in use after you terminate your Membership.

Termination of your paid Membership removes access to all paid Services. Your account will remain inactive and available for reactivation with the same membership tenure, unless you explicitly contact Octopunx and request a total account deletion.
You understand that any termination of Services may involve deletion of your User Content associated therewith from our live databases. Octopunx will not have any liability whatsoever to continue hosting your User Content.

17. Arbitration. You and Octopunx agree to the following mandatory arbitration and class action waver provisions:

(a) You and Octopunx agree to resolve any claims arising out of or relating to this Terms, the Site, the App, or our Services, regardless of when the claim arose, even if it was before this Terms existed (a “Dispute”), through final and binding arbitration. You may opt out of arbitration within 30 days of account registration, or within 30 days after any updates to these arbitration terms have taken effect by filling out this form. If you opt out of an update, the last set of agreed upon arbitration terms will apply.

(b) We would like to understand and try to address your concerns prior to formal legal action. Before either of us files a claim against the other, we both agree to try to resolve the Dispute informally. This is a condition precedent and requirement that must be fulfilled before commencing arbitration. You agree to do so by sending us notice through this form. We will do so by sending you notice to the email address associated with your account. If we are unable to resolve a Dispute within 60 days, either of us has the right to initiate arbitration. We also both agree to attend an individual settlement conference if either party requests one during this time. Any statute of limitations will be tolled during this informal resolution process.

(c) If we are unable to resolve the Dispute, either of us may commence arbitration with National Arbitration and Mediation (“NAM”) under its Comprehensive Dispute Resolution Rules and Procedures and/or Supplemental Rules for Mass Arbitration Filings, as applicable (available here). Octopunx will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous. The activities described in these Terms involve interstate commerce and the Federal Arbitration Act will govern the interpretation and enforcement of these arbitration terms and any arbitration. If you or Octopunx need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys’ fees incurred in securing an order compelling arbitration. The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration, including the pre-arbitration notice described in Section 11.2, above, is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys’ fees and costs.

(d) The arbitration will be conducted by videoconference if possible, but if the arbitrator determines a hearing should be conducted in person, the location will be mutually agreed upon, in the county where you reside, or as determined by the arbitrator, unless the batch arbitration process applies. The arbitration will be conducted by a sole arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of South Carolina, and in English. The arbitrator will have exclusive authority to resolve any Dispute, except the state or federal courts of Charleston, South Carolina have the authority to determine any Dispute about enforceability, validity of the class action waiver, or requests for public injunctive relief, as set out below. Any settlement offer amounts will not be disclosed to the arbitrator by either party until after the arbitrator determines the final award, if any. The arbitrator has the authority to grant motions dispositive of all or part of any Dispute. You and Octopunx agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.

(e) If 10 or more claimants represented by the same or similar counsel file demands for arbitration raising substantially similar Disputes within 90 days of each other, then you and Octopunx agree that NAM will administer them in batches of up to 50 claimants each (“Batch”), unless there are less than 50 claimants in total or after batching, which will comprise a single Batch. NAM will administer each Batch as a single consolidated arbitration with one arbitrator, one set of arbitration fees, and one hearing held by videoconference or in a location decided by the arbitrator for each Batch. If any part of this section is found to be invalid or unenforceable as to a particular claimant or Batch, it will be severed and arbitrated in individual proceedings. This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.

(f) This section does not require informal dispute resolution or arbitration of the following claims: (i) individual claims brought in small claims court; and (ii) injunctive or other equitable relief to stop unauthorized use or abuse of the Services or intellectual property infringement or misappropriation.

(g) You and Octopunx agree that Disputes must be brought on an individual basis only, and may not be brought as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, and representative actions are prohibited. Only individual relief is available. The parties agree to sever and litigate in court any request for public injunctive relief after completing arbitration for the underlying claim and all other claims. This does not prevent either party from participating in a class-wide settlement. You and Octopunx knowingly and irrevocably waive any right to trial by jury in any action, proceeding, or counterclaim.

(h) If any part of this Arbitration Agreement is found to be illegal or unenforceable, the remainder will remain in effect, except that if a finding of partial illegality or unenforceability would allow class arbitration, class action, or representative action, this entire dispute resolution section will be unenforceable in its entirety. You further agree that any Dispute that you have with Octopunx as detailed in this Arbitration Agreement must be initiated via arbitration within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.

18. Third Party Services. Portions of the Services may be hosted by Octopunx's third-party hosting partners, Vimeo.com, Inc, VDOCypher, YouTube, and Twitch. By streaming Octopunx content or otherwise accessing the Services through the Site, you agree your use of such Services is subject to the terms of service of each of these third parties.

The Services may contain links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”). When you click on a link to a Third-Party Website or Third-Party Application, we will not warn you that you have left the Services and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites and Third-Party Applications are not under the control of Octopunx. Octopunx is not responsible for any Third-Party Websites or Third-Party Applications. Octopunx provides these Third-Party Websites and Third-Party Applications only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or Third-Party Applications, or any product or service provided in connection therewith. You use all links in Third-Party Websites and Third-Party Applications at your own risk. When you leave our Website, the Agreement and our policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Applications, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

You acknowledge and agree that the availability of the App and the Services is dependent on the third party from whom you received the App license, e.g., the Roku store (each, an “App Store”). You acknowledge that the Agreement is between you and Octopunx and not with the App Store. Octopunx, not the App Store, is solely responsible for the Services, including the App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). You also agree to pay all fees (if any) charged by the App Store in connection with the Services, including the App.

19. General Provisions. Any dispute, claim or request for relief relating in any way to your use of the services will be governed and interpreted by and under the laws of the state of California, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from this Agreement.

The communications between you and Octopunx may take place via electronic means. For contractual purposes, you (a) consent to receive communications from Octopunx in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Octopunx provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq.

The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Octopunx’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

Octopunx shall not be liable for any delay or failure to perform Services resulting from causes outside its reasonable control, including, but not limited to, acts of God, pandemics, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

If you have any questions, complaints or claims with respect to the Services, please contact us. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.

Where Octopunx requires that you provide an email address, you are responsible for providing your most current email address. In the event that the last email address you provided to Octopunx is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Agreement, Octopunx’s dispatch of the email containing such notice will nonetheless constitute effective notice.

Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

If any portion of the Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties and the remaining portions shall remain in full force and effect.

The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

20. International Provisions. The Services can be accessed from countries around the world and may contain references to Services and content that are not available in your country. These references do not imply that Octopunx intends to announce such Services or content in your country. The Services are controlled and offered by Octopunx from its facilities in the United States of America. Octopunx makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other countries do so at their own volition and are responsible for compliance with local law. The following provisions shall apply only if you are located in the countries listed below.
(a) United Kingdom. A third party who is not a party to the Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of the Agreement, but this does not affect any right or remedy of such third party which exists or is available apart from that Act.
(b) Germany. Notwithstanding anything to the contrary in Section 8 (Limitation of Liability), Octopunx is also not liable for acts of simple negligence (unless they cause injuries to or death of any person), except when they are caused by a breach of any substantial contractual obligations (vertragswesentliche Pflichten).