Terms of Service

Legal Agreement: Terms of Service

This document outlines the legally binding agreement (the “Agreement”) between the company (“Provider”) and the user, or in the case of representation by an entity or organization, that specific entity or organization, collectively addressed as “You,” “you,” or “your.”

The Provider’s online video platform, hereafter referred to as the “Platform,” grants users (“Users”) access to a wide range of audiovisual content and various forms of information, data, and other content (“Content”). This access is facilitated through the Provider’s website and other platforms, web services, applications, and video players managed and provided by the Provider.

All services, functionality, and additional resources (“Services”) related to the Platform and Content are exclusively available under the conditions specified in this Agreement. This Agreement is considered effective when the Provider and the user (“You”) engage with the Services or express their acceptance of this Agreement, as outlined below, commonly referred to as the “Effective Date.”

Agreement Acknowledgment

We strongly advise that you thoroughly read this Agreement. By using the Services or expressing agreement through actions such as registering an account, clicking “I ACCEPT,” or similar mechanisms, you agree to adhere to the terms outlined in this Agreement. Failure to do so will result in the inability to access or use the Service or register an account.

If you are accessing or using the Service or registering an account on behalf of a company, principal, or other entity, you represent that you have the authority to bind that entity and its affiliates to this Agreement. In such cases, the term “you” will refer to the entity and its affiliates. If you do not have the authority to bind the entity, you are prohibited from accessing or using the Service.

Definitions

Terms used in this Agreement will have the definitions provided in this Agreement or, if not defined here, will have their plain English meaning as commonly understood in the United States.

Term

The term of this Agreement begins on the Effective Date and will continue as follows:
(a) For Paid Subscriptions, the Agreement will continue in accordance with the type of subscription you have, unless terminated earlier in accordance with Section 13 herein.
(b) For all other access or use of the Services, the Agreement will continue until terminated earlier in accordance with Section 13.

Free Trial

Certain portions of the Services and Content are available on a paid subscription basis. To access these services, you must elect to receive a Monthly or Annual Paid Subscription. All fees will be non-refundable once paid to the Provider, including in the case of termination or suspension of this Agreement.

Under certain conditions, you may receive a free trial subscription (“Trial Subscription”) when you elect a Paid Subscription. During the Trial Subscription, you may access the Services without obligation to pay fees. The Trial Subscription period will automatically renew as a paid subscription upon the expiration of the Trial Period unless canceled or changed by you prior to the expiration date. You may cancel your Trial Subscription at any time by visiting the cancellation page or contacting the Provider’s support team.

Subscription Terms

• Monthly Subscription: You may elect to receive a monthly prepaid subscription, which will automatically renew unless canceled before the end of the current billing period.

• Annual Subscription: You may also elect to receive an annual prepaid subscription, which will automatically renew unless canceled prior to the end of the annual term.

• Packages of Subscription: The Provider may offer different subscription packages, including promotional offers, each governed by specific terms provided at the time of your first access.

Promotional Offers and Third-Party Billing

Promotional offers may not be combined with other offers unless expressly permitted. Additionally, if you used a third party (such as Apple or Roku) to sign up for a subscription, you may need to contact that third party to manage or cancel your subscription.

Modifications

The Provider reserves the right to modify the functionality of the Platform, Content, and Services at any time. Any modifications to the Agreement or the Platform will be communicated to you by posting the changes on the Platform. You will be deemed to have agreed to such modifications through your continued use of the Platform after the notice period.

Eligibility

The Platform and all Content and Services are intended for individuals aged 18 years or older. By accessing or using the Platform, you affirm that you are over the age of 18. If you are under 18, you agree not to access or use the Platform or any of its content or services.

Accounts

To access certain Content, you may need to establish an account (“Account”). Your account information will be personal to you, and you are responsible for maintaining its confidentiality. You may not share your account or account ID with third parties.

Access to Content

Subject to your compliance with this Agreement, you may access and use the Platform and Content for personal, non-commercial purposes. You may not alter, reproduce, or distribute any Content without prior written permission.

Communications with Other Users

The Platform may allow you to communicate with other users through messages, forums, or other forms of communication. You agree to be responsible for all interactions with other users and that such communications will not violate this Agreement, the Privacy Policy, or applicable laws.

Equipment and Connectivity

You are solely responsible for obtaining and maintaining all equipment, mobile devices, facilities, and internet connectivity required to access or use the Platform, Services, Applications, and Content. In order to access and use the Platform, Services, Applications, and Content, you must have a broadband, wireless, or similar internet connection, and you will need to obtain such internet connection (including sufficient levels and required equipment) from a third-party service provider at your sole cost and expense (“Internet Connectivity”). The Provider makes no representations or warranties about the speed or quality of your viewing experience, as this depends on factors outside of the Provider’s control, such as your location, internet connectivity, available bandwidth, the format of the content you’re attempting to access, and the device(s) you use. The Provider reserves the right to change the format of content based on the specifications of your internet connectivity. For example, if your connection or device does not meet the required standards for HD content, the content may be automatically re-formatted to enhance your experience.

Devices

You must only use devices permitted for use with the Platform, Applications, Services, and Content. For a current list of supported devices, please visit the relevant page on our website. You can access the Platform and its content through different permitted devices, provided that you will only be able to access the Platform and Content through your account on one permitted device at a given time. We are not responsible for any issues relating to your device, its operating system, or connectivity.

Bitrate Streaming

The Platform may use adaptive bitrate streaming (“ABS”), which creates multiple versions of each program recorded at different bitrates to optimize playback based on the capabilities of the playback device and available internet bandwidth. If you use the Cloud DVR, playback will be provided using ABS.

Other Restrictions

You may not use the Services to, or assist or encourage any other party to:

• Copy, frame, or mirror any part of the Services;

• Access the Service for the purpose of monitoring its availability, performance, or functionality;

• Permit any third party to access the Services;

• Use, copy, modify, create derivative works of, reverse engineer, decompile, or attempt to extract the source code of the software underlying the Services unless expressly permitted by law and with prior written notice to the Provider;

• Publish, transmit, distribute, or store content, material, or data that is illegal, obscene, defamatory, threatening, abusive, or infringes upon the rights of third parties (e.g., copyrights, trademarks, patents);

• Engage in activities that interfere with the Services or any third party’s networks, including viruses, malware, and denial-of-service attacks;

• Engage in fraudulent activities or misleading actions like phishing, advertising, or any other activities that may harm the Platform or other users.

Your Content

You are solely responsible for all Content that you upload to the Platform or otherwise generate through your use of the Platform (“Your Content”). You retain ownership of Your Content. However, by uploading Your Content, you grant the Provider a non-exclusive, royalty-free, perpetual, irrevocable, and sublicensable right to use, copy, store, modify, display, adapt, publish, translate, create derivative works from, and distribute Your Content globally. You represent and warrant that Your Content does not violate the Agreement or applicable laws, infringe on third-party intellectual property rights, or contain harmful or illegal material.

Third-Party Content and Services

Access to certain Content and Services may require you to agree to additional terms with third-party providers. These third-party terms will apply to the respective third-party Content or Services but will not apply to other Content or Services accessed through the Platform. The Provider is not responsible for third-party content or services and has no liability for them. Accessing and using third-party content and services is solely governed by the relevant third-party terms.

Data Privacy

• Your Information: By using the Platform, you consent to the collection, use, and disclosure of your personally identifiable information as described in the Privacy Policy. You also consent to the collection and use of non-personally identifiable data for business purposes, which may be owned by the Provider.

• Other Users’ Information: You agree to handle other users’ information (User Information) in compliance with this Agreement and the Privacy Policy. You are granted no rights to User Information except as expressly provided for in these policies.

Fees

You agree to pay all fees applicable to your subscription and use of the Platform and Content (“Fees”). Fees for Monthly Paid Subscriptions are due on a monthly basis in advance, with the first payment due after your trial period. Fees for Annual Paid Subscriptions are due on an annual basis in advance. All fees are non-refundable once paid unless prohibited by law.

Pricing Changes

The Provider reserves the right to adjust pricing for Services at any time and will notify you of any changes by posting on the website. If you have an account, the price changes will be communicated via email. If you do not agree with the price change, you may terminate your subscription before the next billing cycle begins.

Termination and Effect

• Termination: The Provider may terminate this Agreement at any time, with or without notice, for breach of this Agreement, including failure to pay Fees, or for any other reason, including during a Trial Subscription. You may terminate this Agreement by notifying the Provider or by deleting your account.

• Effect of Termination: Upon termination, you will lose access to your account and content. Any outstanding fees will be immediately due and payable, and you must return or destroy any content or materials related to the Platform.

Suspension

The Provider may suspend or limit your access to the Platform and Services for any breach of this Agreement or conduct deemed inappropriate or harmful to the Platform, other users, or third parties.

Restarting Services

If your account is disconnected for non-payment or any other reason, the Provider may require you to pay all outstanding fees before reconnecting your access to the Platform and Services. The Provider is not obligated to reconnect your account, and you may lose any promotional pricing or credits available at the time of disconnection.

Platform Technology

The Platform, and the databases, software, hardware, and other technology used to operate the Platform, along with the structure, organization, and underlying data, information, and software code (collectively, the “Technology”), are the property of and constitute valuable trade secrets of the Provider. The Provider retains all rights, title, and interest, including all intellectual property rights (IPR), in and to the Technology, as well as any additions, improvements, updates, and modifications. You do not receive any ownership interest in the Technology, and are not granted any rights to use the Technology itself, apart from your ability to access the Platform under this Agreement. The Provider’s name, logo, and all trademarks associated with any Content or Services appearing on the Platform are owned by the Provider, and you are granted no right or license to use them.

For purposes of this Agreement, “IPR” refers to all intellectual property rights, proprietary rights, rights of publicity, rights of privacy, and any other legal rights protecting data, information, or intangible property worldwide, including, without limitation, copyrights, trademarks, service marks, trade secrets, patent rights, and other proprietary rights.

Representations and Warranties

You represent and warrant that:

• (a) You have the legal right and authority to enter into this Agreement;

• (b) This Agreement forms a binding legal obligation on your behalf;

• (c) You have the legal right and authority to perform your obligations under this Agreement and grant the rights and licenses described herein.

Disclaimers

• No Endorsement: All Content available on the Platform is for entertainment purposes only. The Provider and its licensors do not recommend or endorse any content, products, services, procedures, opinions, or recommendations included in the Platform or any Content. Any reliance on Content provided on the Platform is at your own risk.

• No Additional Warranties: The Platform, Content, and Services are provided “AS IS” and “AS AVAILABLE.” The Provider does not guarantee the accuracy, completeness, adequacy, or currency of the Platform or any Content, and does not endorse the views or opinions expressed therein. The Provider expressly disclaims all warranties, including implied warranties of fitness for a particular purpose, merchantability, and non-infringement. No information or advice, oral or written, provided by the Provider will create any additional warranties.

Indemnity

You agree to indemnify, defend, and hold harmless the Provider and its affiliates, employees, agents, contractors, users, customers, and licensors from any claims, losses, liabilities, damages, and expenses arising from:

• (1) Your access to or use of the Platform, Content, or Services;

• (2) Your Content, or any access to or use thereof;

• (3) Your collection, use, or disclosure of any User Information;

• (4) Your breach of this Agreement.

The Provider will provide notice of any such claims and may participate in the defense of any such claims at its own expense.

Limitation on Liability

The Provider will not be liable for any indirect, incidental, special, exemplary, or consequential damages arising from the use of the Platform or Content, even if the Provider was advised of the possibility of such damages. This includes, without limitation, loss of content, business interruption, or procurement of substitute content or services. The Provider’s total liability, whether in contract, tort, or otherwise, will not exceed the amounts paid by you to the Provider in the 12-month period preceding the event giving rise to the liability.

Claims of Infringement

The Provider respects your copyrights and other intellectual property rights. If you believe that your copyrighted work has been used without permission on the Platform, you may notify the designated copyright agent. The notice should include details about the infringed work and your contact information. The Provider will not respond to complaints that do not meet the requirements outlined. If you believe a copyright infringement notice has been wrongly filed against you, you may send a counter-notice. Both notices and counter-notices should meet the statutory requirements under the Digital Millennium Copyright Act (DMCA).

Disputes

If any dispute arises under this Agreement, the parties will attempt to resolve the issue through negotiations. If a resolution cannot be reached within 5 days, the dispute will be settled through binding arbitration according to the rules of JAMS, conducted in New York, NY. The arbitrator’s award will be the exclusive remedy for all claims, and the prevailing party may recover arbitration costs, fees, and expenses.

Governing Law and Venue

This Agreement will be governed by the laws of the State of New York, USA, without regard to its conflict of laws provisions. Any legal action arising from this Agreement will be brought exclusively in a court located in New York, NY, USA, and you submit to the jurisdiction of these courts.

Notices

Notices required under this Agreement will be sent by the Provider via email or posted on the Platform. Notices sent to you will be deemed given 24 hours after posting or sending. Notices to the Provider should be sent to the address provided on the Platform.

Linked Sites

The Platform may contain links to third-party sites that are not controlled by the Provider. The Provider is not responsible for any content on those sites, and any access to third-party content is at your own risk. You may not use the Platform’s content or marks without prior written consent.

Additional Terms

This Agreement represents the complete understanding between the parties regarding your use of the Platform, Content, and Services. Any amendments or modifications to this Agreement must be made in writing. The parties are independent contractors, and this Agreement does not create an agency or partnership relationship. You may not assign or transfer your rights under this Agreement without the prior written consent of the Provider.

Upon termination, certain sections of the Agreement will remain in effect, including those related to indemnity, liability, dispute resolution, and governing law.