In the unlikely event that an issue between us remains unresolved, please note that THESE TERMS REQUIRE ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN JURY TRIALS OR CLASS ACTIONS. ALSO, THESE TERMS SET FORTH SPECIFIC REMEDIES AVAILABLE TO YOU. PLEASE SEE SECTIONS 8 AND 10 TO LEARN MORE.
1. DESCRIPTION OF SERVICE AND ACCEPTANCE OF TERMS
DistroScale, Inc. ("DistroScale", "we," or "us") provides an online video service which gives users the opportunity to select from various offerings of live and on-demand programming, including television shows, movies, music, clips, photos, text, interactive features, metrics, and other content (collectively, the "Content"). Our video service, the Content, our player for viewing the Content (the "Video Player") and any other products, features, tools, materials, and other services are offered through a variety of Access Points (defined below) and are referred to collectively as the "Services". The term "Access Points" collectively refers to the distro.tv website (the "DistroScale Site"), applications, and other places where any Services are available, including other websites, applications of DistroScale's third-party distribution partners, and other mediums the Video Player is available.
Please note that the website addresses (i.e., URLs) included within these Terms may not function as hyperlinks on all the Access Points. To view these Terms with clickable hyperlinks, please visit the DistroScale Site on your computer.
2. CHANGES TO THESE TERMS
We may need to make changes to these Terms from time to time for many reasons. For example, we may need to reflect updates in how the Services work or changes in the law. You should look at these Terms regularly, which are posted on the DistroScale Site at https://www.distro.tv/terms_of_use/. If we make a material change to these Terms, we will notify you by posting a notice on the DistroScale Site. Any material change to these Terms will be effective automatically after the revised Terms are first posted.
3. ACCESS AND USE OF THE SERVICES
3.1 Age Limitations. The Services are not intended to be used by children without involvement and approval of a parent or guardian. If you are under the age of 13, you are not permitted to provide your personal information to DistroScale. If you are at least 13 and under 18 years of age (or under the applicable age of majority in your state or territory of residence), you may use the Services, but only if you have the consent of your parent or guardian, including consent to these Terms on your behalf. Please note that you must be at least 18 years of age in order to purchase certain Services. If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Services, you are subject to the Terms and responsible for your child's activity relating to the Services.
3.2 Ownership and License. DistroScale owns and retains all of its rights to the Services. The Services and the Content therein, including the sequence and "look and feel" and arrangement of the items, are protected by copyright, trademark, and other intellectual property laws. Use of the Services do not grant any ownership rights to any aspect of the Service (including any Content therein). DistroScale grants you a non-exclusive, non-assignable, non-transferable, and limited license to use the Services, including accessing and viewing the Content on a streaming-only basis through the Video Player, for personal, non-commercial purposes as set forth in these Terms. The periods during which you can view each piece of Content will vary based on the rights availability of such Content and the terms of your purchase. The Services may include different Content offerings, features, and usage rules, which may be in other materials made available to you.
3.3 The Content.
a. Usage Rules and Limitations. You may not either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms. For clarity, you may not use any technology or technique that obscures or disguises your location when you are accessing the Services. You may not either directly or through the use of any device, software, internet site, web-based service, or other means copy, record, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, or transmit or retransmit the Content unless expressly permitted by DistroScale in writing. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by DistroScale in writing. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Content unless expressly permitted by DistroScale in writing. You may not use the Content as part of any business purpose, whether or not for profit. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless expressly permitted by DistroScale in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
b. Content Subjectivity. Content tends to elicit varying reactions among different people. You may come across Content that you find offensive, indecent, explicit or objectionable. Also, Content types, genres, categories, and descriptions are provided as suggestions to help with navigation, and DistroScale does not guarantee that you will agree with them. You acknowledge that DistroScale makes no guarantees regarding such Content or related information and accept these risks.
c. Content Quality. DistroScale uses various technologies to provide you with an optimal viewing experience. As such, the quality of Content, including resolution, may be affected by the format of the Content, your location, the speed and bandwidth of your internet service, and the devices used, among other factors. High definition (HD) availability for certain Content depends on your internet service and device capabilities. The time it takes you to begin playing Content will vary based on a number of factors, including your location, internet bandwidth, the number of devices simultaneously connecting to the same network, the Content you have selected, and the configuration of the device you are using. As a result, DistroScale is unable to make any warranties about the Content in these respects.
d. Content Presentation. We want you to have the best experience with our Services, including the ability to easily discover and enjoy new Content. To help do that, Content you view across all Services may include promotional videos (e.g., previews or trailers) before and after that Content. Please note that Content you view (e.g., legal and medical shows) should not be relied upon for advice. For those who are susceptible to photosensitive epilepsy or other photosensitivities, it's also important to remember that some Content may contain flashing lights sequences or patterns.
3.4 The Video Player. You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of the Video Player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Video Player. This restriction includes, without limitation, disabling, reverse engineering, modifying, interfering with or otherwise circumventing the Video Player in any manner that enables users to view the Content without: (i) displaying visibly both the Video Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the Access Point where the Video Player is located; and (ii) having full access to all functionality of the Video Player, including, without limitation, all video quality and display functionality and all interactive, elective, or click-through advertising functionality.
3.5 Compatible Devices. In order to access the Services, you will need to use a computer, mobile device, streaming media player, or other device that meets the system and compatibility requirements that we establish from time to time (each, a "Compatible Device"). Please note that Compatible Devices may vary by Service, and may be subject to additional terms. Features and functionalities that we make available through the Services may also differ by Compatible Device. If you access the Services using a Compatible Device, the third-party that offers that Compatible Device is not a party to these Terms.
3.6 Internet Service and Data Usage. In order to access the Services, you must have a high-speed broadband, wireless or similar internet connection from an internet service provider that meets certain technical specifications. Please note that multiple simultaneous streams, as well as HD Content, may require higher internet bandwidth. You are solely responsible for any costs associated with your internet service used to access the Services. Your use of the Services may count toward your data usage, depending on the terms of your agreement with your internet service provider.
3.7 Your Responsibilities. You agree to observe all restrictions identified in these Terms. You shall not use the Services (including the Content) in whole or in part, in any way that:
We reserve the right to immediately terminate or restrict your account or your use of the Services at any time, without notice or liability, if DistroScale determines in its sole discretion that you have breached these Terms, violated any law, rule, or regulation, engaged in other inappropriate conduct, or for any other business reason. We may use technical measures to block or restrict your prohibited access to or use of the Services, and you agree not to circumvent, avoid, or bypass such restrictions. We also reserve the right to take appropriate legal action against you, and you acknowledge that you will have caused substantial harm to DistroScale and that the amount of such harm would be extremely difficult to measure.
3.8 Software Downloads. In order to participate in certain Services or access certain Content, you may need to download software or other materials or agree to additional terms and conditions.
3.9 Modification/Suspension/Discontinuation. We regularly make changes to the Services. The availability of the Content, as well as Access Points and Compatible Devices through which the Services are available, will change from time to time. DistroScale reserves the right to replace or remove any Content and Access Points available to you through the Services, including specific titles and networks/channels, and to otherwise make changes in how we operate the Services. Additionally, you agree that for various reasons, such as restrictions from content programmers and other limitations or considerations from third-parties, certain Content and functionality that may be available through one Access Point or Compatible Device may not be available through another Access Point or Compatible Device. We may temporarily or permanently change, suspend, or discontinue some or all of the Services at any time without notice. We may experiment with or otherwise offer certain features or other elements of the Services, including promotional features, user interfaces, product features and functionality, plans, pricing, and advertisements. You acknowledge that DistroScale may do so in DistroSale's sole discretion at any time without notice. You also agree that DistroScale will not be liable to you for any modification, suspension, or discontinuance of the Services.
4.1. Fees. While we offer some Services and Content for free, we may offer one-time pay per view events in connection with the Services. You will be charged for pay per view events at the time of purchase. We will give you advance notice of these changes, but we will not be able to notify you of changes in any applicable taxes.
4.2 Payment Method. Unless otherwise indicated, you will be required to provide a credit card or other payment method accepted by DistroScale, as may be updated from time to time ("Payment Method"). We will charge your Payment Method a corresponding fee to the Services purchased by you and any applicable taxes. You are solely responsible for any and all fees charged to your Payment Method. When you provide a Payment Method, we will attempt to verify the information you entered by processing an authorization hold. We do not charge you in connection with this authorization hold, but your available balance or credit limit may be reduced.
4.3 Billing Holds. In the event of a failed attempt to charge to your Payment Method (e.g. if your Payment Method has expired), we reserve the right to retry billing your Payment Method. We may suspend or cancel your access to the Services if we remain unable to successfully charge a valid Payment Method. We also reserve the right to pursue any amounts you fail to pay fees owed to us, including collection costs, bank overdraft fees, collection agency fees, reasonable attorneys' fees, and arbitration or court costs.
4.4 No Refunds. Payments are nonrefundable. You will not receive a credit, including for partially used Services.
4.5 Third-Party Billing. You may choose to be billed for, or receive access to, the Services through a third-party, in which case, your billing relationship will be directly with that third-party, additional terms may apply, and Service offerings may be limited. If you want to cancel or modify your billing, you may need to do so through your account with such third-party. DistroScale will not be liable to you for any claims arising out of or related to your purchase or use of third-party products or services.
5. COLLECTION AND USE OF PERSONAL INFORMATION
6. LINKED DESTINATIONS AND ADVERTISING
6.1 Third-Party Destinations. If we provide links or pointers to other websites or destinations, you should not infer or assume that DistroScale operates, controls, or is otherwise connected with these other websites or destinations. These Terms do not govern your use of another website or destination. DistroScale is not responsible for the content or practices of any website or destination other than the DistroScale Site, even if it links to the DistroScale Site and even if the website or destination is operated by a company affiliated or otherwise connected with DistroScale. By using the Services, you acknowledge and agree that DistroScale is not responsible or liable to you for any content or other materials hosted and served from any website or destination other than the DistroScale Site.
DistroScale, DistroTV, the DistroTV logo, and other DistroScale marks, graphics, logos, scripts, and sounds are the trademarks of DistroScale. None of the DistroScale trademarks may be copied, downloaded, or otherwise exploited.
8. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY, AND INDEMNITY. This section will survive the Terms and your use of the Services.
8.1 Disclaimer. WHILE WE DO OUR BEST TO PROVIDE THE OPTIMAL PERFORMANCE OF THE SERVICES, YOU AGREE THAT USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, INCLUDING THE DISTROSCALE SITE, THE CONTENT, THE VIDEO PLAYER, THE FEATURES, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH ANY ACCESS POINT OR COMPATIBLE DEVICE, ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, DISTROSCALE DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY, NONINFRINGEMENT, INTERRUPTION OR CESSATION OF THE SERVICES, ANY VIRUSES OR MALICIOUS CODE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, OR AVAILABILITY OR REMOVAL OF ANY CONTENT; OR THAT THE SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE.
8.2 Limitation of Liability. IN NO EVENT SHALL DISTROSCALE OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT PROGRAMMERS) (COLLECTIVELY, THE "DISTROSCALE PARTIES"), BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH ANY ACCESS POINT OR COMPATIBLE DEVICE), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE DISTROSCALE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO DISTROSCALE OR $50, WHICHEVER IS GREATER.
8.3 Indemnity. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE DISTROSCALE PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO (a) YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE SERVICES (INCLUDING YOUR USE OF THE CONTENT), (b) YOUR USE OF AND ACCESS TO THE SERVICES; (c) YOUR VIOLATION OF ANY THIRD PARTY RIGHT. DISTROSCALE RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
9. NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that any Content, User Material, or other material provided through the Services, including through a link, infringes your copyright, you should notify DistroScale of your infringement claim in accordance with the procedure set forth below.
We will process each notice of alleged infringement that DistroScale receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to DistroScale copyright agent at firstname.lastname@example.org (subject line: "DMCA Takedown Request"). You may also contact us by mail at:
Attention: Legal Department
851 Traeger Ave., Suite 202
San Bruno, CA 94066
To be effective, the notification must be in writing and contain the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Services that is reasonably sufficient to enable DistroScale to identify and locate the material; (iv) how DistroScale can contact you, such as your address, telephone number, and email address; (v) 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 (vi) 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 or the owner of an exclusive right in the material.
DistroScale has a policy of terminating repeat infringers in appropriate circumstances.
10. ARBITRATION OF CLAIMS
PLEASE READ THIS CAREFULLY. WE WANT YOU TO KNOW HOW IT AFFECTS YOUR RIGHTS. If there is an unresolved issue that requires attention, we want to make the resolution process as quick and efficient as possible. To that end, you and DistroScale agree to use good faith efforts to first discuss and resolve any issue for at least 60 days before commencing an arbitration proceeding. To do that, please send your full name and contact information, your concern and your proposed solution by mail to us at: 851 Traeger Ave., Suite 202, San Bruno, CA. 94066 Attn: Legal Department. If we would like to discuss an issue with you, we will contact you using the contact information you have provided.
YOU AND DISTROSCALE AGREE TO ARBITRATE IN EACH OF OUR INDIVIDUAL CAPACITIES ONLY, NOT AS A REPRESENTATIVE OR MEMBER OF A CLASS, AND EACH OF US EXPRESSLY WAIVES ANY RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. No arbitration or proceeding can be combined with another without the prior written consent of you, DistroScale, and any other parties to the arbitration or proceedings.
For your convenience, arbitration may be conducted in-person, through the submission of documents, by phone, or online. Proceedings that cannot be conducted through the submission of documents, by phone, or online, will take place in Santa Clara County, California. It is important that you understand that the arbitrator's decision will be binding and final (except for a limited right of appeal under the U.S. Federal Arbitration Act) and may be entered as a judgment in any court of competent jurisdiction. Please note that nothing in this Section shall be construed as consent by DistroScale to the jurisdiction of any other court with regard to disputes not covered by these Terms.
In accordance with the JAMS Rules, the party initiating the arbitration (either you or DistroScale) is responsible for paying the filing fee.
You and DistroScale agree that any cause of action arising out of or related to the Services must commence within one (1) year after the cause of action accrues, otherwise such cause of action is permanently barred. Please contact an attorney if you do not understand any of these Terms.
11. LIMITATION ON TIME TO BRING A CLAIM
12. GENERAL INFORMATION
12.1 International Use. We are a company based in the United States and offer our Services to users in the United States. We are limited by the rights that our content partners grant to us. Access to the Services from locations where DistroScale does not have rights or where DistroScale does not make the Services available is prohibited.
12.2 Export Controls. Software and the transmission of applicable technical data, if any, in connection with the Services are subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.
12.3 Choice of Law and Forum. These Terms are governed by, and construed in accordance with, the laws of the State of California without giving effect to principles of conflicts of law. To the extent that the arbitration provision outlined in Section 10 is not applicable (e.g., when confirming an arbitration award), you and DistroScale agree to submit to the exclusive jurisdiction of the courts located in Santa Clara County of the State of California.
12.4 No Waiver/Reliance. DistroScale's decision to delay exercising or enforcing any right or remedy under these Terms shall not constitute a waiver of such right or remedy. DistroScale's action or inaction shall not be deemed a waiver or constructive amendment of these Terms.
From time to time, we may communicate with you about the Services and these Terms electronically (e.g., notices on the DistroScale Site or other Access Points). You agree that any notices, agreements, disclosures, and other communications that we make available to you electronically will satisfy any applicable legal notification requirements. We recommend that you keep a copy of any electronic communications we send to you for your records.