IMPORTANT – PLEASE READ CAREFULLY
XLTV User Agreement
XLTV is a digital entertainment service (the “Service”) that provides its members with access to films and television content (the “Content”) over the internet to certain internet connected devices, such as computers, televisions, phones and tablets (the “Platforms”). In order to download or view the Content on XLTV you will be running software and/or applications (collectively “Software”) provided to you by or on behalf of XLrator. Your limited right and license to use the Software is set forth herein. XLTV may offer you the Service on a subscription basis (SVOD), free advertising supported basis (AVOD), trial basis, or by purchasing a digital copy of a film or TV episode (EST). When you register and use the XLTV service, or when you download or use the Software or view any Content, you agree to this User Agreement. When you use the Service, download or use the Software or view any Content, you agree to be bound by all of the terms in this User Agreement, including the arbitration agreement and class action waiver described in paragraph 7 below. If you do not agree to all the terms of this User Agreement, then you may not use the Service, download or use the Software and/or view Content.
2.3. By starting your XLTV membership and providing or designating a Payment Method, you authorize us to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the Service, such as taxes or possible transaction fees, to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption, and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges. PAYMENTS ARE NON-REFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY-USED MEMBERSHIP PERIODS. Following any cancellation, however, you will continue to have access to the Service through the end of your current billing period. We have the right to change our pricing at any time in our sole discretion and you agree that we can charge your payment method at the then current price. Please note that the cost of streaming or downloading Content is charged separately by your internet access service provider, phone company and/or mobile phone company. 2.4. Your membership may begin with a free trial. Free trials are for new and certain former members only. We reserve the right, in our absolute discretion, to determine your free trial eligibility. We will begin charging your Payment Method upon the expiration of your free trial at the then current rate.
LICENSE AND INTELLECTUAL PROPERTY 3.1. Subject to your compliance with this User Agreement, and your payment of any applicable fees to XLrator, we will grant you a limited, non-exclusive, non-transferable, personal, non-sublicensable license to access, view, playback and make personal and non-commercial use of the Service, Software (object code only) and applicable Content. This license does not include any resale or commercial use of any Software, Service, or Content; any collection and use of any product listings, descriptions, or prices; any derivative use of any Software, Service or Content; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. 3.2. All rights not expressly granted to you in this User Agreement are reserved and retained by XLrator or its licensors, suppliers, publishers, rightsholders, or other content providers. No Service, Software and/or Content, nor any part of any Service, Software and/or Content, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of XLrator without our express written consent. You may not use any meta tags or any other "hidden text" utilizing XLrator's name or trademarks without our express written consent. You may not misuse the Service, Software or Content. You may not attempt to create the source code from the object code of the Software. You may not take any action that will infringe on the intellectual property or other proprietary rights of XLrator or any third party software provider. You may not view any Content anywhere other than within the country or location authorized by XLrator. You may use the Service, Software and Content only as permitted by law and by this User Agreement. The licenses granted by XLrator terminate if you do not comply with this User Agreement. 3.3. You may view the Content through the Service 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. We may use technologies to verify your geographic location. THE NUMBER OF DEVICES ON WHICH YOU MAY SIMULTANEOUSLY WATCH IS LIMITED. The number of devices on which you may simultaneously watch our Content is limited, and we may change the number of devices from time to time at our discretion. 3.4. The intellectual property rights of the Service, Software and Content is vested exclusively XLrator (or its licensors). The intellectual property rights of the Platform are vested in us or our licensors. You are provided access to the Services, Software and Content on a limited, personal, non-business and non-commercial basis only. The Software, Service and Content is licensed, not sold or given, to you by XLrator under the terms of this User Agreement. You are not allowed to and agree not to re-distribute to third parties or further make public - in whole or in part- the Service, Software and/or Content. 3.5. You agree not to; circumvent, remove, alter, deactivate, degrade or thwart any of the Content protections in the Service; use any robot, spider, scraper or other automated means to access the Service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Service; insert any code or product or manipulate the Content of the 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 Service, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of the Service, without compensation or notice if you are, or if we suspect that you are (i) in violation of any of this User Agreement or (ii) engaged in illegal or improper use of the Service. 3.6. XLTV, the Service, Content and Software is protected by US and international copyright, trade secret and other intellectual property laws and treaties.
3.7. Title and intellectual property rights in and to any Content displayed by or accessed through the Software belongs to XLrator or the respective content owner. Apart from your right to view the Content, this User Agreement does not grant you the right to copy, distribute, prepare derivative works, publicly display, or make other use of such content. You are prohibited from engaging in or facilitating the unauthorized P2P file-sharing of Content, such as the unauthorized posting, making available, uploading, downloading or other distribution of Content.
SERVICE 4.1. We strive to keep the Service available for you on a permanent basis. However due to the nature of the Service and the internet in general, we cannot guarantee that Service will be available at all times. You acknowledge that Service may be suspended or interrupted due to maintenance, force majeure or otherwise. We strive to limit the duration of any suspension or interruption. Feel free to contact our customer support team for any question. 4.2. You represent and warrant to you will at all times use the Services in accordance with this User Agreement and all applicable laws, rules and regulations. 4.3. We continually update the Service, including the Content. In addition, we continually test various aspects of our Service, and by using our Service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our Service. 4.4. We may issue you an upgraded version of the Software automatically or we may require you to consent to an upgrade to the Software ("Software Upgrades") before using, installing or accessing the Software. If you decline the Software Upgrades, you may not be able to use or access the Software or the Service. 4.5. The availability of Content available to watch on the Service will change from time to time, and from country to country. The quality of the display of the 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. Not all content is available in all formats and your plan may affect the format you are able to receive. The minimum connection speed for SD quality is 0.5 Mbps; however, we recommend a faster connection for improved video quality. A download speed of at least 5.0 Mbps per stream is recommended to receive HD content (defined as a resolution of 720p or higher). As mentioned above, you are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. XLrator makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching Content will vary based on a number of factors, including your location, available bandwidth at the time, the Content you have selected and the configuration of your XLTV ready device.
TERMINATION 5.1. You acknowledge and understand that provision of the Services commences the moment an account is created by you. You further acknowledge and understand that, due to the nature of the Services and streaming services in general, you are not entitled to rescind a purchase of Content once the Content (or a part thereof) has been transmitted. 5.2. Subscriptions to Content may be cancelled at any time. Cancellation will become effective at the end of your current subscription period.
DISCLAIMER OF WARRANTIES AND LIMITATION ON LIABILITY 6.1. THE SERVICE, CONTENT, AND THE SOFTWARE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. XLRATOR DOES NOT WARRANT THAT THE SERVICE, CONTENT OR THE SOFTWARE, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICE, CONTENT OR SOFTWARE DO NOT VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS. 6.2. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL XLRATOR, 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, EVEN IF XLRATOR IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 6.3. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, XLRATOR’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $500. BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” 6.4. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO YOU.
ARBITRATION AGREEMENT 7.1. By using the Service and/or Software in any way, you unconditionally consent and agree that any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against XLrator arising out of, relating to, or connected in any way with the Service or the Software or the determination of the scope or applicability of this User Agreement, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS. 7.2. You agree that the arbitration shall be held in Los Angeles, California, that you and XLrator are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your XLTV membership. 7.3. YOU AND XLRATOR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and XLrator agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. 7.4. You agree that in the event that the administrative fees and deposits that must be paid to initiate arbitration against XLrator exceed $150 USD, and you are unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, XLrator agrees to pay them and/or forward them on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, XLrator will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. 7.5. For more information on JAMS visit www.jamsadr.com.
INFORMATION YOU SUBMIT. XLrator 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 Service, including the XLrator website and user interfaces, XLrator chat areas, message boards, bulletin boards, instant messaging service, voice mail, and other interactive aras as part of the Service, 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 Service. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law. Please note XLrator does not accept unsolicited materials or ideas for XLrator content, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to XLrator. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against XLrator 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 you sent.
LINKS TO OTHER WEBSITES. The Service may contain links to third party websites or resources, which may or may not be obvious (“Third Party Sites”) as well as software, text, graphics, articles, photographs, pictures, designs, sound, video, music, information, software and other content originating from third parties (together, “Third Party Software or Content”). Our provision of links to Third Party Sites is not an endorsement of any information, product or service that is offered on or reached through such Third Party Site or Third Party Software or Content. Such Third Party Sites and Third Party Software or Content are not monitored or checked for accuracy, appropriateness or completeness by us, and we are not responsible for the content or performance of any Third Party Sites accessed through the Service or any Third Party Software or Content posted on, available through or installed from the Service, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Software or Content. If you decide to leave the Service and access the Third Party Sites or to use or install any Third Party Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. YOU AGREE THAT YOUR USE OF THIRD PARTY SITES OR THIRD PARTY SOFTWARE OR CONTENT, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
MISCELLANEOUS 11.1. This User Agreement shall be governed by and construed in accordance with the laws of the state of California, U.S.A. without regard to conflict of laws provisions. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your state of residence. 11.2. If any provision of these Terms is null and void or is voided the remaining provision of these Terms will not be affected and remain applicable. 11.3. We reserve the right to update and amend the terms in this User Agreement. The present terms in this User Agreement govern, without prejudice to applicable law, your use of the Service. 11.4. Notwithstanding any other rights, we reserve the right to terminate our agreement and deny access to our Service should you at any time be in breach of the terms in this User Agreement or applicable laws, rules or regulations.
CONTACT US. For other questions, please check our contact and offices page located at: www.xlratormedia.com
Thank you for reading our User Agreement.