Last Updated: June 2017
SCOPE AND ACCEPTANCE
- The terms and conditions in this document;
- Additional terms and conditions that we may provide in association with certain PlayNow Media Services, such as rules for participation in certain PlayNow Media activities (“Rules”), including contests and sweepstakes (“Promotions”).
TERMINATION OF USE OF SERVICES
You may terminate your subscription or registration for PlayNow Media Services at any time, for any reason by clicking your username in the top right hand corner of the site, selecting “My Account”, select the “Membership Settings” tab, and clicking the option to “Cancel Subscription.” Please note if you signed up via our website you must cancel through a web browser on your computer or tablet. The option to cancel will not be available on PlayNow Media app on your mobile devices. If you experience any issues canceling, please email us via the contact information provided at the end of this policy with your username and the email address you signed up with. If you have subscribed to PlayNow Media Subscription Services, you will continue to have access to your PlayNow Media Subscription Services until the end of your current subscription period.
HOW TO ACCESS VIDEO CONTENT
(a) Have a Compatible Media device
To access and use certain PlayNow Media Services, including video content, you will be required to use devices and other technology meeting certain system, configuration and other requirements (a “PlayNow Media ready device”). Information on these requirements may be found in our Minimum System and Configuration Requirements or by contacting us via the email provided at the end of this policy. You should ensure that you have a PlayNow Media ready device prior to purchasing or ordering any PlayNow Media Services.
(b) Pay a Fee
Some audio-visual Content made available on or through PlayNow Media Services (the “Video Content”) may be accessed and viewed by paying a fee.
Renting Individual Video Content.
The Subscription Service.
TRANSACTIONAL VIDEO CONTENT LICENSE AND TERMS
Your license to use Transactional Video Content is limited in its term and duration to twenty-four (24) hours. The twenty-four hours begins the first time you access and view the Transactional Video Content. You must begin displaying and viewing the Transactional Video Content within thirty (30) days of your date of purchase.
Your Transactional Video Content License expires after thirty (30) days from date of purchase unless otherwise stated.
If you reside in or access content from the United Kingdom, when you place an order for Transactional Video Content, you expressly request that we provide you with the Transactional Video Content within the statutory fourteen (14) day cancellation period. You also acknowledge that in making such a request you have waived your right to cancel the contract for your purchase of Transactional Video Content.
We are not able to cancel the supply of, refund payment for, or otherwise replace exchange or modify a purchase of Transactional Video Content once we have accepted your order.
SUBSCRIPTION SERVICE LICENSE AND TERMS
After your or our termination of Subscription Services and at the end of the Subscription Term, you will no longer be able to access or view any Subscription Video Content as part of the Subscription Services. We will provide you with notice that your Subscription Term is ending or has ended. You agree that your PlayNow Media account is for personal, non-commercial use only and is limited to only one stream at any particular time.
Some Subscription Video Content may be accessed through:
- Streaming-on-demand on an unlimited basis (as long as the User remains a subscriber of the Subscription Service), and/or
- Download-to-rent basis, in which you can download the Subscription Content and watch it for twenty-four (24) hours from the start of the initial display and viewing of the applicable Subscription Video Content (so long as such initial display and viewing begins within thirty (30) days from the date of download, unless otherwise specified by us at the time of download). After the first twenty-four (24)-hour download-to-rent period, if you are still an active subscriber of the Subscription Service, you may download the Subscription Video Content again.
You may cancel your subscription to Subscription Services at any time. However, WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-BILLING PERIOD OR SUBSCRIPTION PERIODS OR FOR UNWATCHED CONTENT ACCESSIBLE THROUGH PlayNow Media SERVICES, unless required by law. Following cancellation of your subscription, however, you will continue to have access to PlayNow Media Services until the end of your current billing period. To cancel, visit the Site and click on “Cancel Subscription” on the “My Account” page (or similar) and follow the instructions for cancellation.
For Users residing or accessing content in the United Kingdom, you may cancel your Subscription Service within fourteen days of purchase by emailing us via the contact information provided at the end of this policy.
At any time, in our sole discretion, we may choose to provide refunds, discounts, or other consideration (“credits”) to some or all of our Users. If we choose to provide credits at a particular time, it will not obligate us to provide credits to you or others at any point in the future, regardless of the circumstances.
(b) Availability of Video Content
We strive to provide a great selection of Video Content to you through PlayNow Media Services. We may add, remove, or disable access to certain Video Content or some or all of PlayNow Media Services at our sole discretion. You understand that the Video Content and PlayNow Media Services available to you may change over time, including during your subscription or video-rental period. In addition, some Video Content may not be available in your geographic region or may not be accessible to you based on your equipment or other factors.
To the extent permitted by applicable law, we are not liable for the removal of or disabling of access to any PlayNow Media Services, materials or functionality of PlayNow Media Services.
PRICING AND PAYMENT TERMS
You agree to pay in full the prices and fees for any purchases that are made using your User Credentials via credit, debit or other payment methods that we accept at the time of purchase. If payment is not received by us from your credit, debit or charge card issuer or its agents or other payment service provider, you remain responsible for uncollected amounts and agree to promptly pay all amounts due upon demand by us.
The Content made available on PlayNow Media Services is offered at different prices as set forth on the applicable portion of PlayNow Media Services. We reserve the right to change any and all prices for any Content at any time or as frequently as permissible in the jurisdiction in which you reside, for any reason, by updating the prices set forth on the applicable portion of PlayNow Media Services. If we increase the price of PlayNow Media Subscription Service, we will provide you with prior written notice. If you do not wish to keep your subscription at the increased price, you may cancel your Subscription Service by clicking your username in the top right hand corner of the site, selecting “My Account,” select the “Membership Settings” tab, and clicking the option to Cancel Subscription within 30 days of the date of our notice. Please note, if you signed up via our website, you must cancel through a web browser on your computer or tablet. The option to cancel will not be available on PlayNow Media app on your mobile devices. If you experience any issues canceling, please email us via the contact information provided at the end of this policy, with your username and the email address you signed up with.
(c) Payment Methods Accepted
We accept Visa, MasterCard, American Express, and Discover credit cards, and Visa debit cards as forms of payment (the “Payment Method”), subject to certain restrictions, including, without limitation, territory restrictions, bank/payment card restrictions, spending limits, third party service provider restrictions or otherwise, which may prevent the processing of your order. If a payment card company is being used for a transaction, PlayNow Media may obtain a pre-approval from the applicable payment card company for an amount up to the amount of the order. For certain Payment Methods, the issuer may charge a foreign transaction fee. Refer to your Payment Method issuer for further information. All purchases of Fee-Based Video Content are final once you click the “Pay Now” or similar button and billing to your payment card occurs at such time or shortly thereafter.
(d) Payment for Subscription Services
By starting Subscription Services, you authorize us to charge you the Subscription Fee at the then-current rate, and any other charges you may incur in connection with your use of PlayNow Media Services, to the payment method you provide during registration of the Subscription Service (or to a different payment method if you change your account information). You permit us to store your payment information as needed to facilitate the billing.
We will bill your Subscription Fee per the billing period described when you initiate the subscription (“Billing Period”), unless and until you cancel your subscription. We automatically bill your payment method on the calendar day corresponding to the beginning of your Billing Period.
If you change your payment method, this could result in changing the calendar day upon which you are billed. If your paid subscription begins on a day not contained in a given month, and your Billing Period is every month, your Payment Method will be billed on the last day of such month. For example, if your paid PlayNow Media Services subscription starts on March 31st, your next payment date is April 30th, and your payment method would be billed on that date.
You acknowledge that the amount billed each Billing Period may vary for reasons that may include differing amounts due to promotional offers, and you authorize us to charge your Payment method for such varying amounts.
If you want to change or update your payment method, visit “My Account” in PlayNow Media Services. If your payment method expires and you do not update or change your payment method or cancel your Subscription, you authorize us to continue billing your payment method, and you remain responsible for any uncollected amounts.
(e) Unwatched Video Content
You are responsible for any taxes imposed on any fee-based transactions conducted on or in connection with PlayNow Media Services. Fee-based transactions on PlayNow Media Services may include, without limitation, sales tax, use tax and any other applicable taxes, which may be based on various factors, including, but not limited to, the bill-to address and tax rates in effect at the time your transaction is completed. Users are not eligible for tax exemptions for transactions made on PlayNow Media Services.
(g) Additional Terms for iTunes Subscribers
If you subscribe to PlayNow Media Services via iTunes, the following terms shall also apply.
- Payment will be charged to your iTunes Account at confirmation of purchase.
- Your subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period.
- Your account will be charged for renewal within 24-hours prior to the end of the current period, and will identify the cost of the renewal.
- Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user’s Account Settings after purchase.
(h) Unpaid Amounts
We reserve the right to pursue any amounts you fail to pay in connection with the your purchase of PlayNow Media Services. You will, to the extent allowed by law, remain liable to PlayNow Media for all such amounts and all costs we incur in connection with the collection of these amounts, including, without limitation, collection agency fees, reasonable attorneys’ fees, and arbitration or court costs.
(i) Free Trials
On occasion, we may offer free trial subscriptions to qualified users. If we offer you a free trial, the specific terms of your free trial will be presented to you before or during sign-up. Restrictions and limitations on eligibility may apply.
If the free trial converts to a paid subscription subject to the terms presented to you prior to or during sign up, you authorize us to begin billing your payment method for the subscriber fee at the end of the free trial period of your subscription unless you cancel prior to the end of the free trial period. To view the specific details of your subscription, including monthly subscription price and end date of your free trial period, open your account details page or contact us using the email provided at the end of this policy. We may pre-authorize your payment method, and you authorize us to do so. In some instances, your available balance or credit limit may be reduced to reflect the authorization; however, no charges will be made against the payment method if you cancel prior to the end of your free trial period. IF YOU CANCEL PRIOR TO THE END OF YOUR FREE TRIAL, THERE WILL BE NO CHARGES TO YOUR PAYMENT METHOD. CLICK THE “MY ACCOUNT” LINK FOR CANCELLATION INSTRUCTIONS.
ADVERTISEMENTS AND THIRD PARTY LINKS
You may need to become a registered User of PlayNow Media Services in order to access and use certain content, features, and functionality on PlayNow Media Services. If you choose to become a registered User, you must create a unique username and password combination (“User Credentials”), and provide certain additional information.
You are responsible for protecting and maintaining the confidentiality of your User Credentials. You may be responsible and liable for access to or use of PlayNow Media Services—including uses that may incur fees—by any person or entity using your User Credentials, whether or not you have authorized such access or use. We are not responsible or liable for any loss or damage arising from your failure to maintain the confidentiality of your User Credentials. You must immediately notify us if and when you become aware of, or reasonably suspect, any unauthorized use of your User Credentials or any other breach of security by emailing us via the contact information provided at the end of this policy. To help protect you and PlayNow Media Services, if we have a reasonable belief that a person or entity is engaging in unauthorized use of your User Credentials, we may deny access, use and registration privileges to that person or entity.
YOUR USE OF SERVICES
We want to keep PlayNow Media Services safe and fun for everyone. We do not permit unlawful or harmful use of PlayNow Media Services. Accordingly, you represent, warrant and agree that:
- In cases where you have authorized a minor to use the Site, you are fully responsible for: the online conduct of such minor; controlling the minor’s access to and use of the Site; and the consequences of any use or misuse by the minor.
- You will make timely and satisfactory payment for any Content purchased by you on or in connection with PlayNow Media Service. You agree that all of the payment information that you provide is truthful and accurate. If we suspect that the payment information that you have provided is untrue, inaccurate, not current, or incomplete, we may, to the extent permitted by law, suspend or terminate your current and future access to PlayNow Media Services without liability or obligation to you or any third party.
- Some Content on PlayNow Media Services may be protected by technologies (commonly known as Digital Rights Management technology) or rules. These technologies may limit or restrict access and use of the Content. You understand that these technologies are in place to protect the intellectual property rights of the Content producers, PlayNow Media, and our business partners and licensors. Accordingly, you agree that you will respect and will not attempt to violate any technologies or rules that protect Content, and that you will not and will not assist or encourage anyone to modify, reverse engineer, decompile, or disassemble software used to provide PlayNow Media Services, or create any derivative works from or of such software.
- You will not intentionally or unintentionally engage in or encourage conduct that affects adversely or reflects negatively on PlayNow Media, PlayNow Media Services, our goodwill, name, or reputation. You also agree not to discourage any person or entity from using PlayNow Media Services or doing business with us.
- You will not use PlayNow Media Services for commercial or business reasons, including pyramid schemes or exploiting information or material obtained in connection with PlayNow Media Services. This includes linking with another website or mobile application and all forms of compensation.
- You will not solicit usernames, passwords, or other personal information of PlayNow Media Services Users for your personal gain or for unlawful purposes. This includes the collection and use of information for spamming, flooding, harvesting of email addresses or other personal information, “spidering”, “screen scraping”, “phishing”, “database scraping”, or any other activity with the purposes of obtaining lists of Users or other information.
- You will not cause PlayNow Media Services to be affected with malware, including software viruses, spyware, Trojan horses or other computer code, files or programs designed to interrupt, impair, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Similarly, you agree that you will not otherwise affect the normal operations of PlayNow Media Services by, for example, causing the modification, disruption, impairment, or interference with the use, features, function, operation or maintenance of PlayNow Media Services or the rights or use of PlayNow Media Services by others.
- You will not impersonate any person or entity while using PlayNow Media Services: You agree that you will not impersonate or falsely state or represent your affiliation with a person or entity, or provide us or other PlayNow Media Services Users with false or misleading indications of origin.
- You will post or transmit only appropriate content on PlayNow Media Services and content that you have a legal right to post or transmit : Some features of PlayNow Media Services may allow you to submit, post, email, display, transmit, or otherwise make available content or materials (“User Postings”). We strive to keep PlayNow Media Services a safe and fun environment for Users. You will not post or transmit content or materials that we, in our sole discretion, believe to be unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy or publicity rights, harassing, profane, obscene, vulgar or that contains explicit or graphic imagery, descriptions or accounts of excessive violence or sexual acts contains a link to an adult website or is patently offensive, promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
- You will not post or transmit content or materials that you do not have a right to make available under any law, rule or regulation or contractual or fiduciary relationships, or otherwise creates a security or privacy risk for any other person or entity. For example, you may not post or transmit proprietary or confidential information subject to a non-disclosure agreement or employer confidentiality agreement on or through PlayNow Media Services.
- You understand that by using PlayNow Media Services, you may encounter Content that you might find offensive, indecent, or objectionable, and that this Content may or may not be flagged as potentially objectionable. Any Content types, ratings, and descriptions are only provided for convenience, and we do not guarantee their accuracy or availability. You understand that you are using PlayNow Media Services at your sole risk and that we have no liability to you in connection with any Content you find to be offensive, indecent, or otherwise objectionable.
OUR INTELLECTUAL PROPERTY RIGHTS
We own or license all right, title and interest in and to PlayNow Media Services. All content contained in or made available through PlayNow Media Services is protected by copyright, trade secret, and other applicable intellectual property laws, rules, regulations and treaties. The content includes, without limitation, all films, video, audio/visual content, music (including the musical compositions therein), artwork, photographs, illustrations, graphics, logos, copy, text, computer code, software, data, user interfaces, visual interfaces, information, materials, and all copyrightable or otherwise legally protectable elements of PlayNow Media Services, including, without limitation, the design, selection, sequence, look and feel, and arrangement of PlayNow Media Services, and any copyrights, trademarks, service marks, trade names, trade dress, patent rights, database rights and/or other intellectual property and/or proprietary rights therein (including with respect to any content contained and/or made available in any advertisements or information presented to you via PlayNow Media Services). Unless the context clearly requires otherwise or we explicitly set forth in writing, the term “PlayNow Media Services” includes such content.
You may use PlayNow Media Services only for your noncommercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes. You must not alter, delete or conceal any copyright, trademark, service mark or other notices contained on PlayNow Media Services, including, without limitation, notices on any Content you transmit, download, display, print, stream or reproduce from PlayNow Media Services. Except as expressly authorized by PlayNow Media, you shall not, nor shall you allow any third party (whether or not for your benefit or otherwise) to, reproduce, modify, create derivative works from, display, perform, communicate to the public, make available, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website or platform), or otherwise use, any Content without the express, prior written consent of PlayNow Media or its owner if PlayNow Media is not the owner. Any unauthorized or prohibited use of any Content may subject you to civil liability, criminal prosecution, or both, under applicable laws, rules, regulations and treaties. We require users to respect our copyrights, trademarks, and other intellectual property rights and shall aggressively enforce the same to the fullest extent of the law, including seeking criminal prosecution. We likewise respect the intellectual property of others. If you believe that PlayNow Media Services contain elements that infringe your intellectual property rights, please follow the procedures set forth in Section 11 below.
COPYRIGHT AND INTELLECTUAL PROPERTY CLAIMS
If you believe that content available through PlayNow Media Services infringes upon your copyright or other intellectual property rights, you may submit a notification by providing our Copyright Agent (set forth below) with the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the work claimed to have been infringed, or, if multiple works on PlayNow Media Services are covered by a single notification, a representative list of such works on PlayNow Media Services;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
- For each work, identification of the infringement that is claimed, which country or countries the work is being infringed, as well as the date and time of the infringement;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if applicable, e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or intellectual property owner, its agent or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Written notification of claimed infringement must be submitted to the contact information provided at the end of this policy. If access to your content has been disabled or your content was removed and you believe such content is not infringing, you may send a counter-notice containing the following information to our Copyright Agent:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of a mistake or a mis-identification of the content; and
- Your name, address, telephone number, and, if applicable, e-mail address, and a statement that you shall accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by our Copyright Agent, PlayNow Media may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the owner files an action seeking a court order against the content provider or the User, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at PlayNow Media’s sole discretion.
For assistance with billing questions, technical issues, order inquiries, or other issues related to PlayNow Media Services, please reach out to our customer service support via the contact information provided at the end of this policy.
DISCLAIMER AND LIMITATIONS OF LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAWS, PlayNow Media SERVICES, AND ALL CONTENT, PRODUCTS, SERVICES AND USER POSTINGS ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THAT PlayNow Media SERVICES WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS, SERVICES OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. ALL IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS RELATING TO THIS SITE, AND ALL CONTENT, PRODUCTS, SERVICES AND USER POSTINGS ARE HEREBY DISCLAIMED.
Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of PlayNow Media Services. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of PlayNow Media Services, including, without limitation, User Postings and Content associated with your use of PlayNow Media Services.
You further understand and acknowledge the capacity of PlayNow Media Services, in the aggregate and for each User, is limited. Consequently, some messages and transmissions, including, without limitation, User Postings, may not be processed in a timely fashion or at all, and some features or functions may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that PlayNow Media assumes no liability, responsibility or obligation to transmit, process, store, receive or deliver transactions or User Postings or for any failure or delay associated with any User Postings and you are hereby expressly advised not to rely upon the timeliness or performance of the Site for any transactions or User Postings.
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.
We do not attempt to exclude or limit in any way our liability to you where it would be unlawful for us to do so. In the UK, this includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentations or for defective products under the Consumer Protection Act 1987.
ELECTRONIC SIGNATURE AND CONTRACTS
When you use PlayNow Media Services, you can enter into agreements and make purchases electronically. You agree to the use of electronic records and signatures in association with PlayNow Media Services. Your agreement and intent to use electronic records and signatures applies to all transactions you enter into on the Service Services, including without limitation and to the full extent allowed by law, notices of cancellation, policies, contracts, and applications. If you do not wish to use electronic records and signatures, do not use PlayNow Media Services.
You may have a legal right to receive certain information from us in writing. You agree that we may use e-mail and other electronic means to provide you with such information as well as for other communications. To access and retain this information you will need to provide us with an active e-mail account, and you must have an Internet-connected device that is capable of receiving HTML e-mails and a method of storing or printing those e-mails. You may have a legal right to receive paper copies of certain notices. To receive such copies, contact us via the email address provided at the end of this policy. To update your contact information, visit the accounts section of PlayNow Media Services.
You confirm that you have the ability to access and retain e-mails.
You specifically agree and submit to the non-exclusive jurisdiction and venue of the State and Federal Courts situated in the State and County of New York and agree you shall not object to such jurisdiction or venue.
IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SITE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
YOU MAY ALSO BE ENTITLED TO CERTAIN CONSUMER PROTECTION AND OTHER RIGHTS UNDER THE LAWS OF YOUR LOCAL JURISDICTION.