Effective Date: May 25, 2017
As a preliminary matter, we wanted to highlight a topic that you will read more about later. At OPPRIME.tv, we expect that our world-class customer service team, which can be contacted through as firstname.lastname@example.org , will be able to resolve any issues you may have as you enjoy our services. 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 11 AND 13 TO LEARN MORE.
Description of Service and Acceptance of Terms
OPPRIME.tv, LLC ("OPPRIME.tv," "we," or "us") provides an online video streaming service.
Use of the Services (including access to the Content) is subject to compliance with these Terms. Therefore, by accessing or using any of the Services, you accept and agree to these Terms.
Changes to These Terms
We may need to make changes to these Terms from time to time for many reasons. You should look at these Terms regularly, which are posted on the OPPRIME.tv Site at OPPRIME.tv/terms. If we make a material change to these Terms, we will notify you by posting a notice on the OPPRIME.tv Site.
Access and Use of the Services
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 register with OPPRIME.tv or provide your personal information to OPPRIME.tv.
OPPRIME.tv is pleased to grant you a non-exclusive limited license to use the Services, including accessing and viewing the Content on a streaming-only basis, for personal, non-commercial purposes as set forth in these Terms.
Usage Rules and Limitations
You may only access and view the Content personally and for a non-commercial purpose in compliance with these Terms. 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. 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 the terms of your subscription or otherwise by OPPRIME.tv 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 OPPRIME.tv in writing. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by OPPRIME.tv. You may not build a business utilizing the Content, 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 OPPRIME.tv in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
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 OPPRIME.tv does not guarantee that you will agree with them. You acknowledge these risks.
OPPRIME.tv uses various technologies to provide you with an optimal viewing experience. That said, 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. HD and 4K Ultra 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, OPPRIME.tv is unable to make any warranties about the Content in these respects.
No Spam/Unsolicited Communications
We know how annoying and upsetting it can be to receive unwanted email or instant messages from people you do not know. Therefore, you may not use the Services to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications.
If we can be of help to you, please do not hesitate to contact our customer service department by visiting our email@example.com. It would be our pleasure to serve you. We aim to deliver first-class customer service, but in the unlikely event that a customer service representative provides information that is inconsistent with these Terms, please be aware that these Terms will control.
Subscriptions and Billing
You can find the specific details regarding your subscription at any time by logging in on the OPPRIME.tv Site and viewing your account details. Because the Services are offered in multiple time zones, for consistency, a "day" for purposes of these Terms begins at 12:00 a.m. Eastern Time and ends at 11:59 p.m. Eastern Time of that same calendar day.
By providing a credit card or other payment method accepted by OPPRIME.tv ("Payment Method") for your subscription, you are expressly agreeing that we are authorized to charge you a periodic subscription fee on a recurring basis corresponding to the term of your subscription, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of your subscription to the Payment Method. If you want to use a different Payment Method than the one you signed up to use during registration, or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by logging in on the OPPRIME.tv Site and viewing your account details.
Ongoing Subscription and Cancellation
Your subscription will continue in effect on a recurring basis corresponding to the term of your subscription unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to these Terms. You must cancel your subscription before your next renewal date in order to avoid the next billing. If you cancel your subscription, cancellation will be effective at the end of the current Billing Period - this means that you will have continued access to your subscription for the remainder of that period, but you will not receive a refund.
Accounts and Registration
You are responsible for all use of your account, including use of your account by other members of your household. By allowing others to access your account or to create profiles within your account, you agree to be responsible for ensuring that they comply with these Terms and you agree to be responsible for their activity using the Services.
All registration information you submit must be accurate and updated. Please keep your password confidential. You will not have to reveal it to any OPPRIME.tv representative. Because you are responsible for all use of your account, including unauthorized use by any third party, please be very careful to guard the security of your password. Please notify us by email at firstname.lastname@example.org if you suspect any unauthorized use of your account. Please also make sure to notify us if your registration information changes, in case we need to contact you.
You may find information on how to delete your OPPRIME.tv account by logging in on the OPPRIME.tv
We reserve the right to immediately terminate or restrict your account or your use of the Services or access to Content at any time, without notice or liability, if OPPRIME.tv 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 also reserve the right to terminate your account or your use of the Services or access to Content if such use places an undue burden on our networks or servers. Of course, we would prefer to avoid such termination; therefore, we may use technology to limit activities, such as the number of calls to the OPPRIME.tv servers being made or the volume of User Material (as defined below in Section 7) being Posted, and you agree to respect these limitations and not take any steps to circumvent, avoid, or bypass them.
OPPRIME.tv, the OPPRIME.tv logo, and other OPPRIME.tv marks, graphics, logos, scripts, and sounds are trademarks of OPPRIME.tv. None of the OPPRIME.tv trademarks may be copied, downloaded, or otherwise exploited.
It is OPPRIME.tv 's policy not to accept unsolicited submissions, including scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas, or concepts. OPPRIME.tv 's policy is to delete any such submission without reading it. Therefore, any similarity between an unsolicited submission and any elements in any OPPRIME.tv creative work, including a film, series, story, title, or concept, would be purely coincidental.
Disclaimer of Warranties, Limitation of Liability and Indemnity
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 OPPRIME.tv SITE, THE CONTENT, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH ANY ACCESS POINT, 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, OPPRIME.tv DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE.
IN NO EVENT SHALL OPPRIME.tv 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 " OPPRIME.tv PARTIES"), BE LIABLE FOR ANY DIRECT, 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), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE OPPRIME.tv PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. 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 US, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE SERVICES OR $50 (WHICHEVER IS LESS).
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE OPPRIME.tv 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 YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE SERVICES (INCLUDING YOUR USE OF THE CONTENT). OPPRIME.tv 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.
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 OPPRIME.tv of your infringement claim in accordance with the procedure set forth below.
We will process each notice of alleged infringement that OPPRIME.tv receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to OPPRIME.tv 's copyright agent at email@example.com (subject line: "DMCA Takedown Request"). You may also contact us by mail or facsimile at:
Attention: Copyright Agent
P.O. Box 381468
125 Mount Auburn Street
Cambridge, MA 02238
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 OPPRIME.tv to identify and locate the material; (iv) how OPPRIME.tv 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.
OPPRIME.tv has a policy of terminating repeat infringers in appropriate circumstances.
Limitation on Time to Bring a Claim
Choice of Law and Forum
These Terms are governed by, and construed in accordance with, the laws of the Commonwealth of Massachusetts without giving effect to principles of conflicts of law. To the extent that the arbitration provision outlined in Section 13 is not applicable (e.g., when confirming an arbitration award), you and OPPRIME.tv agree to submit to the exclusive jurisdiction of the courts located in the Middlesex County of the Commonwealth of Massachusetts.