YOU AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED BELOW TO RESOLVE ANY DISPUTES WITH COMPANY (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT).
1.1. Your Company membership will continue and automatically renew until terminated. To use the Company Service you must have Internet access and a Company Ready Device and provide us with one or more Payment Methods. "Payment Method" means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party. You must cancel your membership before it renews in order to avoid billing of the membership fees for the next billing cycle to your Payment Method (see "Cancellation" below).
1.2. We may offer a number of membership plans, including special promotional plans or memberships offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. Some membership plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your Company membership by visiting our website and clicking on the "Account" link.
2. Free Trials
2.1. Your Company membership may start with a free trial. The duration of the free trial period of your membership will be specified during sign-up and is intended to allow new and certain former members to try the service.
2.2. Free trial eligibility is determined by Company at its sole discretion and we may limit eligibility or duration to prevent free trial abuse. We reserve the right to revoke the free trial and put your account on hold in the event that we determine that you are not eligible. Members of households with an existing or recent Company membership are not eligible. We may use information such as device ID, method of payment or an account email address used with an existing or recent Company membership to determine eligibility. Restrictions may apply.
2.3. We will charge the membership fee for your next billing cycle to your Payment Method at the end of the free trial period and your membership will automatically renew unless you cancel your membership prior to the end of the free trial period.
3. Billing and Cancellation
3.1. Billing Cycle. The membership fee for the Company Service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your Payment Method on the specific billing date. The length of your billing cycle will depend on the type of membership that you choose when you sign-up for the service.
3.2. Payment Methods. To use the Company Service you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your membership fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.
3.4. Cancellation. You can cancel your Company membership at any time, and you will continue to have access to the Company Service through the end of your billing period.
3.5. Changes to the Price and Subscription Plans. We reserve the right to change our membership plans or adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Subscription, any price changes or changes to your membership plan will take effect following notice to you.
3.6. No Refunds. Payments are nonrefundable and there are no refunds or credits for partially used periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
4. Company Service
4.1. You must be 18 years of age, or the age of majority in your state, province, territory or country, to become a member of the Company Service. Individuals under the age of 18, or applicable age of majority, may utilize the service only with the involvement of a parent or legal guardian, under such person's account and otherwise subject to these Terms of Subscription.
4.2. The Company Service and any content viewed through our service are for your personal and non-commercial use only and may not be shared with individuals beyond your household. During your Company membership, we grant you a limited, non-exclusive, non-transferable right to access the Company Service and view Company Content through the service. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.
4.3. You may view Company Content primarily within the country in which you have established your account and only in geographic locations where we offer our service and have licensed such content. The content that may be available to watch will vary by geographic location and will change from time to time.
4.4. The Company Service, including the content library, is regularly updated. In addition, we continually test various aspects of our service, including but not limited to our website, account holder interfaces, promotional features and availability of Company Content.
4.5. Some Company Content is available for temporary download and offline viewing on certain supported devices ("Offline Titles"). Limitations apply.
4.6. You agree to use the Company Service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. Except as explicitly authorized in these Terms of Subscription, you agree not to archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the Company Service. You also agree not to circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Company Service; use any robot, spider, scraper or other automated means to access the Company Service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Company Service; insert any code or product or manipulate the content of the Company Service in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Company Service, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of our service if you violate these Terms of Subscription or are engaged in illegal or fraudulent use of the service.
4.7. The quality of the display of the Company Content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. Company makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching Company Content show will vary based on a number of factors, including your location, available bandwidth at the time, the Company Content you have selected and the configuration of your Company ready device.
4.8. Company software may solely be used for authorized streaming and viewing of content from Company through Company Ready Devices. This software may vary by device and medium, and functionalities may also differ between devices. By using our service, you agree to receive, without further notice or prompting, updated versions of the Company and related third-party software. If you do not accept the foregoing terms, do not use our service.
4.9. By using our service, you agree to look solely to the entity that manufactured and/or sold you the Company Ready Device for any issues related to the device and its compatibility with the Company Service. We do not take responsibility or otherwise warrant the performance of Company Ready Devices, including the continued compatibility with our service. If your Company Ready Device is sold, lost or stolen, please deactivate the Company Ready Device. If you fail to log out or deactivate your device, subsequent account holders may access the Company Service through your account and may be able to access certain of your account information.
5. Passwords and Account Access. The member who created the Company account and whose Payment Method is charged (the "Account Owner") has access and control over the Company account and the Company Ready Devices that are used to access our service and is responsible for any activity that occurs through the Company account. To maintain control over the account and prevent anyone from accessing the account (which could include information on viewing history for the account), the Account Owner should maintain control over the Company Ready Devices that are used to access the service and not reveal the password or details of the Payment Method associated to the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, Company or our partners from identity theft or other fraudulent activity. Company is not obligated to credit or discount a membership for holds placed on the account by either a representative of Company or by the automated processes of Company.
6. Disclaimers of Warranties and Limitations on Liability
6.1. THE COMPANY SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE COMPANY SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. COMPANY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE COMPANY SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. COMPANY SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, COMPANY READY DEVICES, AND COMPANY SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).
6.2. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL COMPANY, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
6.3. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
6.4. NOTHING IN THESE TERMS OF SUBSCRIPTION SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.
7. Arbitration Agreement
8.1. Feedback. Company is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the Company Service, including the Company website and account holder interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Company Service. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law.
8.2. Survival. If any provision or provisions of these Terms of Subscription shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
8.3. Changes to Terms of Subscription and Assignment. Company may, from time to time, change these Terms of Subscription. Such revisions shall be effective immediately; provided however, for existing members, such revisions shall, unless otherwise stated, be effective 30 days after posting. We may assign our agreement with you to any affiliated company or to any entity that succeeds to all or substantially all of our business or assets related to the applicable Company Service.
8.4. Communication Preferences. We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.