Section 2: OUR SERVICES
1. Our Services. By subscribing to our Services, you receive access to and use of: (i) certain software, technology and other intellectual property rights (including all functionality and data contained therein) (e.g., adaptive streaming and third-party platform authentication) owned or operated by us (regardless whether available for download directly or indirectly from us) (e.g., applications that are hosted or downloaded, accessories, tools, features and/or functionality related to and/or made available by us); (ii) websites owned, operated or otherwise controlled by, or on behalf of, us; (iii) the content accessible by you (e.g., any and all transaction and subscription video, audio, data, interactive, programming, advertising and other content); and (iv) any and all other products and/or services accessed, provided, used or otherwise made available to you, including to enhance past or then-current Services.
2. Internet Connection. In order to access and use our Services, 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 related thereto) from a third-party internet or similar wireless service provider at your sole cost and expense (“Internet Connectivity”). It is your responsibility to obtain and maintain the Internet Connectivity necessary to access and use our Services. We are not responsible for your Internet Connectivity (or the amount of data consumed by you in connection with your use of any of our Services). The time it takes to access and use any of our Services (e.g., upload, download) will vary based on a number of factors, including your location, your Internet Connectivity, the available bandwidth at the time of your request, the format of our Services you are attempting to access, the device(s) you use to access our Services and other factors outside of our control. We makes no representations or warranties about the speed or quality of your internet services.
Section 3: BILLING
1. Fees and Charges. We will bill you monthly in advance for your Subscription Services. Charges are billed to the credit or debit card you registered with your Membership Account. You agree to pay all amounts billed for our Services, as well as all taxes, fees, and other charges, if any, that are now or may in the future be assessed in connection with any of our Services you access or use, and any other charges due and owing to us. We may apply interest and late fees for any amounts paid following the date when due, and we may terminate or suspend your account for any failure to timely pay any amounts or maintain up-to-date payment method information within your account. State and local taxes or reimbursement charges for gross earnings taxes in some states may apply.
4. No Returns, Credits or Refunds. YOU UNDERSTAND AND AGREE THAT PAYMENTS ARE NONREFUNDABLE. WE ARE NOT OBLIGATED, AND YOU ARE NOT ENTITLED AND HEREBY WAIVE ANY RIGHT, TO ANY CREDIT, REFUND, PRICE ADJUSTMENT OR ANY OTHER DISCOUNT, COMPENSATION OR RECOMPENSE FOR ANY PARTIALLY USED OR UNUSED SERVICE (E.G., SUBSCRIPTION SERVICES NOT USED OR TRANSACTIONAL SERVICES NOT DOWNLOADED OR FULLY VIEWED). Because charges are prepaid each billing period, following your cancellation of any of your Subscription Services or Transactional Services, you will continue to have access to any and all of such Services for which you have paid through the end of your then-current billing period, and to certain of our other Services that do not require any payment, including, access to and use of certain portions of our Websites and Apps. Notwithstanding the forgoing, although not required or obligated, we reserve the right to evaluate or elect to provide credits, refunds, price adjustments or other discount, compensation or recompense, from time to time, and at any time, in our sole and absolute discretion; provided that any such elections to offer any such credits, refund, price adjustment or other discount, compensation or recompense in one instance does not entitle you to the same or any such benefit in the future for similar or unrelated instances, nor does it create any obligation whatsoever for us to offer such benefit to you or any other user in connection with any past, present, or future request under any circumstance whatsoever.
Section 4: CUSTOMER SUPPORT SERVICES AND RELATED COMMUNICATIONS
2. Communications. By registering for a Membership Account, you hereby consent to receive electronic communications from us and other Contributors related to such account and our Services. These communications may involve sending emails to the email address you provided during registration, or delivering electronic communications via your Membership Account, and will include notices about your Membership Account (e.g., payment authorizations, password or payment method changes, confirmation e-mails, notices, and other similar or transactional information related to such account); these communications are part of our Services and your relationship with us. You agree that any notice, agreements, disclosures, or other communications that we send to you electronically, as described herein, will satisfy any legal communication requirements (e.g., that such communications be in writing and through an appropriate method). You also consent to receiving other electronic communications from us, such as newsletters about new Services features and content, special offers, promotional announcements, and customer surveys. If you no longer want to receive certain non-transactional communications via email, please contact Customer Support, click on the “Unsubscribe” link contained in any email, or on any other link that indicates that you would like to be removed from future, similar non-transactional communications.
Section 5: INTELLECTUAL PROPERTY
1. End-User License Agreement. Our Websites, Apps, and other software and technologies are developed by, or for, us and are designed to enable our provision of certain content through Permitted Devices. Our Websites, Apps, and other software and technologies may vary by Permitted Device, operating system, or other medium and the functionalities thereof may also differ among Permitted Devices. BY USING ANY OF OUR SERVICES, YOU ACKNOWLEDGE AND AGREE TO OUR END USER LICENSE AGREEMENT (I.E., OUR EULA) AND TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF OUR WEBSITES, APPS, AND OTHER SOFTWARE AND TECHNOLOGIES, INCLUDING RELATED THIRD-PARTY SOFTWARE. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS SET FORTH IN OUR EULA, THEN DO NOT USE ANY OF OUR SERVICES.
Section 6: DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
2. WE HEREBY DISCLAIM ANY, AND YOU AGREE THAT WE HAVE, NO OBLIGATION WHATSOEVER TO REPLACE OR SUPPLEMENT ANY SERVICES, PACKAGE OF SERVICES, OR PORTION OF ANY SERVICE(S) THAT WE CHANGE. WE ARE NOT OBLIGATED, AND YOU ARE NOT ENTITLED AND HEREBY WAIVE ANY RIGHT, TO ANY CREDIT, REFUND, PRICE ADJUSTMENT, OR ANY OTHER DISCOUNT, COMPENSATION OR RECOMPENSE FOR ANY AMOUNT PAID BY YOU TO RECEIVE REPLACEMENT, SUPPLEMENTAL OR ALTERNATE SERVICES, PACKAGES OF SERVICES AND/OR POTION OF SERVICES AS A RESULT OF ANY CHANGE.
3. ANY MEDIA, SOFTWARE, OR OTHER MATERIAL OR CONTENT DOWNLOADED, STREAMED OR OTHERWISE OBTAINED THROUGH USE OF OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR HARDWARE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD, STREAMING OR OBTAINING OF ANY SUCH MEDIA, SOFTWARE OR OTHER MATERIAL OR CONTENT. NEITHER WE NOR ANY OTHER CONTRIBUTOR ASSUMES ANY RESPONSIBILITY, AND WILL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, CORRUPT, OR OTHERWISE HARM ANY OF YOUR PROPERTY OR THE PROPERTY OF ANY THIRD PARTY, INCLUDING YOUR SOFTWARE, DEVICE OR OTHER HARDWARE.
Section 7: INDEMNIFICATION