Terms and Conditions
Last Updated: July 30, 2015
If you are a resident of the United States (including its possessions and territories), you agree to the Arbitration Agreement and class action waiver described in Section 11 to resolve any disputes with CONtv (except for matters that may be taken to small claims court).
- OUR COMMUNICATION WITH YOU
- ACCESSING THE CONtv SERVICE
5.2 Restricted to Non-Commercial Use. The CONtv Service is for your personal, non-commercial enjoyment only. During your CONtv subscription, we grant you a limited, non-exclusive, non-transferable license to access the CONtv Service and view Content through the CONtv Service on a streaming-only basis for that purpose. You agree that, except for the foregoing limited license, no right, title or interest shall be transferred to you, and you agree not to use the CONtv Service for public performances.
5.3 Ownership. You agree that CONtv owns and retains all rights to the CONtv Service. You further agree that the Content you access and view as part of the CONtv Service is owner or controlled by CONtv and CONtv’s licensors.
5.4 Changes to Service and Content Library, Availability of Content, and Internet Usage Charges. We will continually update the CONtv Service, including the Content library available to CONtv users. We may also, at any time, test aspects of the CONtv Service. By using the CONtv Service, you agree that we may include you in such tests and adjustments to the CONtv Service without notice. We reserve the right, in our sole and absolute discretion and without notice to you, to make changes from time to time in how we offer and operate the CONtv Service. The availability of Content will change from time to time. The quality of your stream may vary from Device to Device, and may be affected by numerous factors, including your Internet service and Device capabilities. Not all Content is available in HD or UD format, and not all Internet connections are capable of streaming HD or UD-quality Content. You are responsible for all Internet access charges, and are advised to check with your Internet service provider for information on Internet usage charges. CONtv makes no representations or warranties about the quality of your streaming experience.
5.7 Device Restriction. The CONtv Services are restricted to five (5) CONtv-enabled Devices that may simultaneously be used to stream CONtv Content. The number of Devices that may be enabled for simultaneous streaming of CONtv Content may change from time to time at our discretion.
5.8 Geographic Content Availability. The Content available on the CONtv Services may vary based upon the geographic locations where we offer certain Content and/or upon our license to distribute such Content in certain geographic regions. Thus, the Content available will vary depending upon your geographic location. CONtv will utilize technologies, which may include geo-filtering techniques, to verify your geographic location.
- SUBSCRIPTION TERMS
6.1 Subscription Charges. Your CONtv subscription will continue month-to-month unless and until you cancel your membership or we terminate it. You must at all times provide us with a current, valid, accepted method of payment (a “Payment Method”) to use the CONtv Service. We will charge your monthly subscription fee to your Payment Method. You must cancel your subscription before it renews each month in order to avoid billing of the next month’s subscription fee to your Payment Method.
6.2 Free Trials. Your CONtv subscription may begin with a free trial, the period of which will be determined as specified during your sign-up to the CONtv Service. Restrictions may apply to combinations with other offers, and CONtv reserves the right to determine your eligibility for a free trial. In the event that you sign-up for a free trial, you will need to provide an email address and a Payment Method (i.e., a valid credit card), and at the conclusion of the free trial period CONtv will begin charging your monthly subscription fee to your Payment Method. You agree that CONtv is under no obligation to notify you of the conclusion of your free trial period, and that CONtv may bill your Payment Method for each monthly subscription fee as each shall come due, until the billing period after the billing period during which you cancel your CONtv subscription.
6.3 Recurring Billing and Price Changes. By starting your CONtv subscription, you authorize us to charge your Payment Method a monthly subscription fee at the then-current subscription rate, and any further charges you may incur in connection with your use of the CONtv Service. You acknowledge that the amount charged to your Payment Method may vary from month to month for reasons that may include different charges due to promotional offers, and/or your changing or altering your subscription, and you authorize us to charge your Payment Method for such varying amounts. Your initial subscription fee will be billed on the date your subscription becomes a paying subscription (i.e., no longer a free trial), and we will automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying subscription. Subscription fees are fully earned upon payment. In the event your paying subscription begins on a day not contained in a given month, we will bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. We reserve the right in our sole and absolute discretion to adjust the pricing of the CONtv Service, or portions thereof, in any manner and at any time. Any price change swill take effect following the provision of notice to you via an email communication sent to the email address you provide during your CONtv account registration.
6.4 No Refunds. Payments are nonrefundable and there are no refunds or credits for partially used subscription periods. Following any cancellation, however, you will continue to have access to the CONtv Service through the end of your current billing period. In our discretion, we may provide a refund, discount, or other consideration to a subscriber, but the amount and form of such refund, discount or consideration is at our sole and absolute discretion, and shall not entitle any other subscriber to a similar refund, discount or consideration in the future, nor shall it obligate CONtv to provide such refund, discount or consideration in the future.
6.5 Cancellation. You may cancel your CONtv subscription at any time. If you cancel your subscription, your account will automatically close at the conclusion of the current billing period.
- SUBISSION OF USER REVIEWS AND OTHER MATERIAL
7.1 Material Submitted By You. You agree that CONtv is free to use any comments, information, ideas, concepts, reviews, techniques, opinions, statements, images, likenesses, videos, or any other material contained in any communication you may send to CONtv or post on the CONtv Service, including responses to CONtv communications and through postings on the CONtv Service, including the CONtv Website and other user interfaces, and including CONtv’s twitter, facebook, and Instagram accounts, 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 CONtv Service. In addition, you agree not to enforce any “moral rights” in such user-provided content, to the extent permitted by applicable law. Please note that CONtv does not accept submission of unsolicited materials or ideas for movies or television shows, or other artistic expression, and is not responsible for the similarity of any of its Content or programming in any media to materials or ideas transmitted to CONtv. Should you send any unsolicited materials to CONtv, you do so with full knowledge and agreement that CONtv will not owe you any consideration of any sort, and you are waiving any claim against CONtv and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea that you sent to CONtv.
7.2 Other User Material. Some users may have the opportunity to post third-party comments, information, ideas, concepts, reviews, techniques, or other material (“User Material”) on the CONtv Service. Please be aware that some material provided by users may be objectionable, unlawful, inaccurate, or inappropriate. CONtv does not endorse User Material, and User Material does not reflect the opinions or policies of CONtv or its affiliates. CONtv reserves the right, but has no obligation, to monitor User Material and to restrict or remove User Material that we determine, in our sole discretion, is inappropriate or for any other business reason. In no event does CONtv assume any responsibility or liability whatsoever for any User Material, and you agree to waive any and all legal or equitable rights or remedies you may have against CONtv with respect to such User Material. If you learn of any objectionable User Material on the CONtv Service, please notify us by contacting email@example.com, with the subject line “Inappropriate User Material.”
- DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY
THE CONtv SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE CONtv SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. CONtv DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE CONtv SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. CONtv SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, CONtv READY DEVICES, AND CONtv SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH THE CONtv SERVICE).
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL CONtv, 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.
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.
- INTELLECTUAL PROPERTY.
9.1 CONtv’s Protections. The CONtv Service, including all content provided on the CONtv Service, is protected by copyright, trade secret or other intellectual property laws and treaties. CONtv is a registered trademark of CONtv, LLC.
9.2 Claims of Copyright Infringement. If you believe your work has been reproduced or distributed in a way that constitutes copyright infringement or are aware of any infringing material available through the CONtv Service, please notify us by sending an email to firstname.lastname@example.org, with the subject line DMCA Takedown Request. Alternatively, please sent such notice by mail to:
Attn: Copyright Agent
1901 Avenue of the Stars, Ste. 1200
Los Angeles, California 90067
We will process each notice of an alleged infringement and take appropriate action in accordance with applicable intellectual property laws. To be effective, the notification must be in writing and contain the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the CONtv Service that is reasonably sufficient to enable CONtv to identify and locate the material; (4) how CONtv can contact you; (5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner of an exclusive right in the material.
- GOVERNING LAW
- ARBITRATION OF CLAIMS
11.2 Notice of Claim. If you decide to seek arbitration or file a claim in small claims court, you must first send notice to CONtv, by certified mail (the “Notice”). The Notice must be addressed to General Counsel, 1901 Avenue of the Stars, 12th Floor, Los Angeles, California 90067 (the “Notice Address”). If CONtv initiates an arbitration, it will send a written Notice to the email address used for your subscription. A Notice, whether sent by you or CONtv, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (a “Demand”). If CONtv and you do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or CONtv may commence an arbitration proceeding or file a claim in small claims court.
11.3 Form Notice and Filing Fees. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you are required to pay a filing fee, after CONtv receives notice at the Notice Address that you have commenced an arbitration, CONtv will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than U.S. $10,000, in which event you will be responsible for filing fees.
11.4 The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless CONtv and you agree otherwise, any arbitration hearings will take place in the county of your residence.
11.5 If your claim is for U.S. $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA rules. If your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator hall issue a reasoned written decision sufficient to explain the essential finding and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of CONtv’s last written settlement offer made before an arbitrator was selected (or if CONtv did not make a settlement offer before an arbitrator was selected), then CONtv will pay you the amount of the award or U.S. $1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
- CUSTOMER SERVICE.
If we can assist you, please do not hesitate to contact our customer service department by visiting our customer service webpage at (cinedigm.zendesk.com/hc/en-us). We are happy to assist you.