Terms of Use

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  1. Subscription
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  A. The Service is a paid subscription. By signing up for a subscription, you agreed that your subscription will be automatically renewed and, unless you cancel your subscription, you authorized us to charge your payment method for the renewal term. You agree that we can change the terms of the subscription with advance notice to you and an opportunity for you to cancel. The period of auto-renewal will be the same as your initial subscription period unless otherwise disclosed to you. The renewal rate will be no more than the rate for the immediately prior subscription period, excluding any promotional and discount pricing, unless we notify you of a rate change prior to your auto-renewal, in which case you will have the right to cancel the renewal of your subscription. From time to time, we may offer a free trial subscription for our Service. If you register for a free trial subscription, we will begin to bill your account when the free trial subscription expires, unless you cancel your subscription before that time. Unless otherwise disclosed when you subscribe, you have the right to cancel your subscription to the Service at any time. When a subscription is cancelled, you will not receive a prorated refund, but you will continue to have access to the Service until the end of the term during which you cancelled the subscription. If you cancel your subscription, you will still be obligated to pay other charges incurred by you in the course of using the Service prior to the date of cancellation. If you pay a periodic subscription fee for a Service, we will provide you with reasonable notice of changes to the fees or billing methods in advance of their effective date and you will be able to cancel your subscription prior to such change. If you subscribed online, we will give you the option of cancelling the subscription online.
  
  B. Accounts. When subscribing to the Service we require you to create an account. You agree that any information you provide and maintain is accurate, current and complete, including your contact information for notices and other communications from us and your payment information. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness, or provide false details for a parent or guardian. You agree that we may take steps to verify the accuracy of information you provide, including contact information for a parent or guardian.
  
  C. Payments and Billing. When subscribing to the Service we require you to provide us with a current, valid, accepted method of payment ("Payment Method"). You must cancel your subscription before it renews in order to avoid billing of the subscription fees for the next billing cycle to your Payment Method (see "Cancellation" below). When you provide payment information for your Payment Method, you represent and warrant that the information is accurate, that you are authorized to use the Payment Method provided, and that you will notify us of changes to the payment information. We reserve the right to utilize third party payment card updating services to obtain current expiration dates on credit cards and debit cards.
  
  D. Cancellation You can cancel your subscription by logging into My Account on the Site or by contacting our customer service at the following email address: [email protected] .The cancellation will take effect at the end of the then current billing cycle or after one month from the day of cancellation, whichever moment comes earlier. Cancellations of subscriptions that are concluded for a fixed time will take effect at the end of the last billing cycle of the applicable subscription period.
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  2. Agreement
  
  ‍A. Binding Contract. These Terms are a binding contract between you and us. These Terms apply to you whether you purchase a subscription to our Servicer if you visit, access, browse, use, or attempt to interact with or use any part of our Service.  
  
  B. Agreement. You represent to us that you have read, understood, and expressly agree to be bound by this Agreement, and the terms, conditions, and notices contained or referenced herein, whether you have created an account (and agree to this Agreement at the time you created that account) or whether you simply browse, use, or access the Site or Service offered directly by us or through a third party (and agree to this Agreement when you browse, use, or access any aspect of the Site or Service). If you do not agree to the Agreement, you may not use the Service or Site.
  
  C. Supplemental Terms. More specific and/or supplemental terms and conditions may apply to some products, including but not limited to, particular promotion, software, application, promotional code, service or other activity; conditions or other limitations to the Service or certain products for user sunder certain ages; and/or specific terms or restrictions that may accompany certain territories, programs, content, products, websites, applications or other software. Any supplemental terms and conditions are in addition to this Agreement and, in the event of a conflict, the supplemental terms will prevail over this Agreement. If you do not agree to the applicable supplemental terms and conditions disclosed, you may not use the Service.
  
  D. Amendments. From time to time, we may amend these Terms by providing notice to you, and any such notice may be provided to you through the Service, on any other website maintained by us, by email, by pop-up, or by any other reasonable means. Any such modifications to these Terms will also be posted on the Site and the “Last Updated” date at the top of this webpage will be revised.  Your continued use of the Service following such modifications constitutes your acceptance of any modified Terms.  
  
  E. Electronic Notice. You consent to receive notices, including agreements, disclosures, and other communications, electronically from us at the email address you have provided. You agree that these electronic notices satisfy any legal requirements that such communications be in writing.
  
  F. Termination or Suspension. We may terminate or suspend your access to the Service, and/or terminate this Agreement subject to the survival of terms as provided below, if required by law, or if we have objective reason to believe you have used the Service in violation of any provision of this Agreement or any supplemental terms, and/or if you engage in or encourage infringement or any other illegal conduct as it relates to your use of the Service.
• 3. Grant of Rights and Restrictions
  
  ‍The Service and Content, including, but not limited to, music, movies, games, sports, entertainment or informational programming, trailers, bonus material, scripts, code, images and artwork, are our copyrighted, patented or trademarked property or the copyrighted, patented or trademarked property of our licensors and all copyrights, trademarks, service marks, trade names, trade dress, patents another intellectual property rights in the Service are owned by us or our licensors (who may be third-party beneficiaries of this contract) and protected by the copyright, trademark, patent and other laws of the United States and international treaties.
  
  A. Consumer License. Conditioned upon your payment of allapplicable subscription fees and your strict compliance with all terms andconditions set forth in these Terms, we hereby grant you a non-exclusive,revocable, and non-transferable, non-assignable, non-sublicensable limitedright, solely as set forth in this Section and subject to all conditions andlimitations set forth in these Terms, to: (a) download,install, and/or use the Service for your personal, non-commercial use over theInternet on certain supported Internet-connected TVs, computers, and otherdevices owned or otherwise controlled by you, subject to the total number ofdevices on which you may simultaneously use the Service as determined by YourSubscription (each, a “Device”); (b)access, stream, and use the Service on such Device and the Content as madeavailable or accessible on or through the Service; (c) depending on theService, the applicable Content, or the third-party software, temporarilydownload such Content and/or third-party software on certain supported Devicesfor offline viewing (“Temporary Download”), which may be subject to certain limitations, including any restrictions on the number of Temporary Downloads per account, the maximum number of Devices that can contain Temporary Downloads, the time period within which you will need to begin viewing Temporary Downloads, and how long the Temporary Downloads will remain accessible; and (d)use the Content provided through the Service only in the form and manner presented and provided by us.
  
  B. Prohibited Use. You agree to use the Service only for purposes expressly permitted by these Terms and in compliance with any applicable international, federal, state, and local laws, rules regulations, or other restrictions on the use of the Service and Content herein (“ApplicableLaw”).  You shall not:
  
  a)      sell, offer forsake, copy, create derivative works, enhancements, or modifications from, upload, reproduce, display, publicly perform, import, distribute, retransmit, or otherwise use the Service or any Content through the Service, in whole or any part thereof, in any way, unless expressly permitted to do so by us or these Terms;
  b)      modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Service;
  c)      publish, broadcast, frame, excerpt, reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Service or any part thereof or otherwise use any data mining, data gathering or extraction method;
  d)     remove, obscure, or alter any proprietary rights or Intellectual Property notices (including copyright and trademark notices) which may be affixed to or contained on materials accessed within the Service or displayed in any Content or otherwise use or authorize any party to co-brand or frame any aspect of the Service or any Content through the Service without the express prior written permission of an authorized representative of us and our licensors or certain other third-party suppliers in each instance;
  ‍e)      rent, lease,lnd, sell, sublicense, assign, distribute, publish, transfer, or otherwisemake available the Service, or any features or functionality of the Service, toany third party for any reason, including by making the Service available on anetwork where it is capable of being accessed by more than one Device at anytime;
  f)       remove, disable,circumvent, or otherwise create or implement any workaround to any IntellectualProperty or security features in or protecting the Service;
  g)      post, upload, or link to anything that advertises any commercial endeavor (e.g., offering for sale any products or services) or otherwise engage in any commercial activity(e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services), or solicit funds, advertisers, and/or sponsors for any purpose; or
  h)     use the Service in any manner that could in any way disable, overburden, damage, or impair the Service or any Content through the Service or otherwise interfere with any other party's use and enjoyment of the Service or otherwise attempt to obtain, any materials, content, or information by any means not expressly made available or provided for through the authorized use of the Service and any Content through the Service. For purposes of these Terms, “framing” refers to displaying the Service or any Content through the Service within a bordered area of another website, regardless of whether the address of the originating Service is visible.  You agree to cease any unauthorized co-branding or framing immediately upon notice from us. 
  
  C. Violation. Any attempt to perform any of the restricted actions listed above is a violation of our rights and/or those of the intellectual property rights holder.
  
  D. Export Controls. Your use of the Service and any Content through the Service may be subject to US export control laws, including the Export Control Reform Act and its associated regulations.  You shall not, directly, or indirectly, export, re-export, or release the Service or the Content through the Service to, or make the Service or the Content through the Service accessible from, any jurisdiction or country to which export, re-export, or release is prohibited bylaw, rule, or regulation.  You shall comply with all Applicable Law and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Service or the Content through the Service available outside the US.
  
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• 4. Usage Rules
  
  ‍A. Changes to the Service or Content. The Service and Content available through the Service are constantly evolving and will change over time. We reserve the right to make such changes or, if necessary, discontinue Service and/or Content available through the Service. If required by law, we may also need to suspend, restrict, or terminate your access to Service and/or Content available through the Service.
  
  B. Third-Party Services or Platforms. The Service may integrate, be integrated into, or be provided in connection with third-party websites, services, applications, platforms, and/or content. We do not control those third-parties or the products they make available. You should read the terms of use agreements and privacy policies that apply to such third-party products. If you access the Service using an Apple iOS, Android or Microsoft Windows powered device or Microsoft Xbox One, Apple Inc., Google LLC. or Microsoft Corporation, respectively, shall be a third-party beneficiary of this contract. However, these third-party beneficiaries are not a party to this contract. You agree that your access to the Service using these devices also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service. You represent to us that you have read and agreed to those terms.
  
  C. Internet, Browser and System Requirements. You may need a high speed Internet connection and/or minimum system and/or browser requirements to access and use certain aspects of the Service. You are required to review the minimum requirements necessary for use of the specific Service or Content.
  
  D. Mobile Networks. When you access the Service through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using certain Content may be prohibited or restricted by your network provider and not all Content may work with your network provider or device.
  
  E. Informational and Entertainment Purposes. You understand that the Service and Content are for your personal, non-commercial use and are intended for informational and entertainment purposes only; the content available does not constitute legal, financial, professional, medical or healthcare advice or diagnosis and cannot be used for such purposes.
  
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• 5. Promotions
  
  ‍Any promotions in relation to the Service may be subject to official rules and/ or conditions that are supplemental to this Agreement. Examples can be eligibility requirements, entry instructions, deadlines, prize information and restrictions. If any such rules and/or conditions conflict with this Agreement, the provisions contained in the official rules and/or conditions govern and control the promotion.
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  6. Disclaimers and Limitation on Liability
  
  THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY SET OUT IN THESE TERMS TO THE FULLEST EXTENT PERMITTED BY LAW.
  Please consult our customer support if you encounter a problem with our Service.
  It is your responsibility to ensure you follow installation instructions, have the minimum system requirements, update software as recommended, and We shall not be liable for delay or failure in performance for causes beyond our control or any other damage which does not result from a breach of our obligations under this Agreement.
  We are not liable for business losses. We only supply products for your personal, non-commercial, and domestic use. If you use the products for any other purpose we will have no liability to you for any loss of profit, loss of business, business interruption, loss of business opportunity, or similar loss.
  WE ARE NOT RESPONSIBLE FOR ANY LACK OF FUNCTIONALITY OR FAILURE TO PROVIDE ANY PART OF THE SERVICE(S), OR ANY LOSS OF CONTENT OR DATA THAT IS DUE TO: YOUR EQUIPMENT, DEVICES, OPERATING SYSTEM OR INTERNET CONNECTION; OR YOUR FAILURE TO COMPLY WITH SPECIFIED COMPATIBILITY REQUIREMENTS.WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL.
  IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE THOUSAND U.S. DOLLARS (US $1,000).
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  7. DMCA Takedown Notices
  
  The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe material appearing on the Internet infringes their rights under U.S. copyright law.  If you believe in good faith that materials made available on or accessible through the Service or any Content through the Service infringe your copyright, you (or your agent) may send us a notice requesting that we remove or block the materials or disable access to them.  If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice.  Notices and counter-notices must meet the then- current statutory requirements imposed by the DMCA.  For purpose of the DMCA, notices and counter-notices can be sent to: [email protected].
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  8. BINDING ARBITRATION AND CLASS ACTION WAIVER
  
  A. MANDATORY BINDINGARBITRATION.  BY USING THE SERVICE, REGARDLESS OF WHERE YOU LIVE OR ARE LOCATED IN THE WORLD, YOU CONSENT TO THESE TERMS AND ANY CLAIMS RELATING TO THE INFORMATION, SERVICES OR PRODUCTS MADE AVAILABLE THROUGH THE SERVICE / SITE WILL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK, U.S.A.,EXCLUDING THE APPLICATION OF ITS CONFLICTS OF LAW RULES.  YOU AGREE THAT, SUBJECT TO THE FOLLOWING SENTENCE, VENUE FOR ALL  ACTIONS, RELATING IN ANY MANNER TO THESE TERMS, WILL BEIN A FEDERAL OR STATE COURT OF COMPETENT JURISDICTION LOCATED IN NEW YORK, NEWYORK.  DISPUTES RELATING TO OR ARISINGUNDER THESE TERMS AND/OR THE SERVICE SHALL BE SUBMITTED TO BINDING ARBITRATIONAD MINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS INTERNATIONAL ARBITRATION RULES (THE “INTERNATIONAL RULES”) BY THREE (3)ARBITRATORS WHO WILL BE CHOSEN IN ACCORDANCE WITH THE ABOVE INTERNATIONAL RULES; PROVIDED, HOWEVER, THAT WE (AND/OR OUR THIRD PARTY SUPPLIERS ORLICENSORS) MAY ENFORCE OUR INTELLECTUAL PROPERTY RIGHTS IN ANY COURT OFCOMPETENT JURISDICTION, INCLUDING BUT NOT LIMITED TO EQUITABLE RELIEF.
  
  B. TIME IS OF THEESSENCE WITH RESPECT TO SUCH ARBITRATION, AND THE ARBITRATOR(S) SHALL BEINSTRUCTED TO BEGIN THE PROCEEDING, CONDUCT THE PROCEEDING AND RENDER ADECISION AS EXPEDITIOUSLY AS PRACTICABLE. NOTWITHSTANDING THE FOREGOING, YOU AND US MAY EACH SEEK EMERGENCY ORINTERIM RELIEF AS PROVIDED BY THE INTERNATIONAL RULES.  The arbitration shall be held in the English language, with the place of arbitration (i) in New York, New York, United States of America or (ii) via videoconference as required to allow the hearings proceed as scheduled at the discretion of the arbitrator.  Except as otherwise expressly set forth herein, you and us each waive any objection that it may have to the aforementioned choice of law or venue. You and us each agree that (y) any dispute about the arbitral tribunal's jurisdiction, either before or after initiation of the arbitration, and/or (z)any dispute about the arbitrability of any claim, counterclaim, or set off shall be brought solely and exclusively in a court of competent jurisdiction in the State of New York; an arbitral tribunal may not decide its own jurisdiction or the arbitrability of any matter in the event of any disagreement between you and us.  
  
  C. THE ARBITRATIONAWARD RENDERED BY THE ARBITRATOR(S) SHALL BE FINAL AND BINDING UPON BOTH YOUAND US.  The existence, content, or results of such arbitration proceeding shall be kept confidential, unless applicable law requires otherwise or to the extent required to compel arbitration, when required to enforce other rights or defend other proceedings situations in which the fact of the award is a necessary element of the claim or defense, or to obtain interim relief or to enforce an award.  Any award must be made in U.S. dollars and be subject to these Terms.  In addition to all rights provided under the International Rules and law, you and us each agree that any judgment rendered by the arbitrators may be enforced or executed against the assets of any such party in any jurisdiction pursuant to U.S. law or the New York Convention, as applicable
  
  D. TO THE FULLEST EXTENT PERMITTED BYAPPLICABLE LAW, BOTH YOU AND US EACH HEREBY IRREVOCABLY WAIVE ANY AND ALLRIGHTS TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TOTHESE TERMS, THE SERVICE, OR THE TRANSACTIONS CONTEMPLATED HEREBY ORTHEREBY.  
  
  E. YOU AGREE THAT ANY CLAIM YOU MAY HAVEARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE OR YOUR RELATIONSHIP WITHUS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, TO THEMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR CLAIM IS PERMANENTLY BARRED.F. TO THE FULLEXTENT PERMITTED BY APPLICABLE LAW, BOTH YOU AND US WAIVE THE RIGHT TO BRINGANY DISPUTE AS A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATEATTORNEY GENERAL ACTION, OR TO PARTICIPATE IN A CLASS, CONSOLIDATED,REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION REGARDING ANYDISPUTE BROUGHT BY ANYONE ELSE.
  
  G. This Section shall survive any termination of these Terms.  If any part of this Section, other than waivers of class action rights, is deemed or found to be unenforceable for any reason, the remainder shall remain enforceable. If a waiver of class action rights is deemed or found to be unenforceable for any reason in a case in which class action allegations have been made, the remainder of this Section shall be unenforceable.
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  9. Additional Provisions
  
  A. Severability. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
  
  B. Survival. The provisions of this Agreement which by their nature should survive the termination of this Agreement shall survive such termination, including but not limited to the restrictions, disclaimers, limitations, our rights to use submitted content, and rules regarding dispute resolution in Section 3, 6, 7 and 8 as well as the general provisions in this Section 9.
  
  C. Waiver. No waiver of any provision of this Agreement by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
  
  D. Notice.  You agree that we may give you notices or otherwise respond to you by email or mail (if we have it on file) or in any other manner reasonably elected by us.  All legal notices to us must be sent to the following email address: [email protected]