Last updated: November 17, 2016
Welcome to Alpha! We hope you enjoy the motion pictures, television programs, audio, audio-visual and/or other (“Content”) made available through our digital subscription service. We stream the Content to subscribers over the Internet to Internet-connected TVs, computers and other devices (“Devices”). “Digital Service” shall refer to our digital subscription service, including all features and functionalities, associated website or applications, and user interfaces, as well as all content and software associated with our service. The Digital Service is operated by Legendary Digital Networks, LLC (“LDN,” “we,” “our,” or “us”).
Please carefully read these Terms of Service (“Terms”) before using the Digital Service, as they govern your use of the Digital Service and affect your legal rights and obligations. You agree to these Terms by accessing or using the Digital Service. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT USE THE DIGITAL SERVICE.
PLEASE NOTE THAT THESE TERMS REQUIRE THAT DISPUTES BE RESOLVED ONLY BY ARBITRATION (AND NOT BY COURT LITIGATION) IN THE COUNTY OF LOS ANGELES, CALIFORNIA, WAIVE ANY RIGHT TO JURY TRIAL, AND WAIVE ANY RIGHT TO BRING CLASS ACTIONS AGAINST US. Please review the Governing Law, Arbitration and No Class Actions section of these Terms for complete details.
1. Account Registration
(a) The Digital Service requires registration to become a subscriber to, or may otherwise ask you to provide information to, participate in certain features. When you provide information to us, you agree to provide only true, accurate, current and complete information. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Digital Service (or any portion thereof).
(b) If you register on the Digital Service and/or create a personal profile, you agree to accept responsibility for all activities that occur under your account (“Account”) or password, if any, and you agree you will not sell, transfer or assign your membership or any membership rights to your Account. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your Device so that others may not access the password protected portion of the Digital Service using your name in whole or in part. LDN reserves the right to terminate your Account or otherwise deny you access in its sole discretion without notice and without liability.
(c) The user who created the Account on the Digital Service and whose payment method is charged is referred to here as the “Account Owner.” The Account Owner has access and control over the Account. The Account Owner’s control is exercised through use of the Account Owner’s password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting LDN and potentially altering the Account Owner’s control, the Account Owner should not reveal the Payment Method details (e.g., last four digits of their credit or debit card, or their email address if they use PayPal) associated with the Account Owner’s Account. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your Account.
(d) You are entirely responsible for any and all activities that occur under your Account. You agree to immediately notify us of any unauthorized use of your Account or any other breach of security of which you become aware.
2. Acceptance of Terms.
3. Communication Preferences.
By using the Digital Service, you consent to receiving electronic communications from LDN relating to your Account. These communications may involve sending emails to your email address registered with your Account or posting communications on the Digital Service and will include notices about your Account (e.g., change in password, confirmation e-mails and other information) and are part of your relationship with LDN. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from us, such as newsletters about new features and Content in the Digital Service, special offers, promotional announcements and customer surveys via email or other methods. If you no longer want to receive certain non-transactional communications, simply go to the “update subscription preferences” portion of your Account to manage your communications with LDN.
4. Membership, Free Trials, Billing and Cancellation
(a) Membership. Your Digital Service subscription, which may start with a free trial, will continue according to the billing frequency (i.e., month-to-month or annually) as selected during sign-up, unless and until you cancel your membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) to use the Digital Service. We will bill the membership fee according to the billing frequency selected during sign-up to your Payment Method. You must cancel your membership before it renews each month or year (as applicable) in order to avoid billing of the next month’s or year’s (as applicable) membership fees to your Payment Method.
(b) Free Trials
(i) Your Digital Service subscription may start with a free trial. The free trial period of your membership lasts for the period of time specified during sign-up. For combinations with other offers, restrictions may apply. Free trials are for new and certain former members only. Legendary reserves the right, in its absolute discretion, to determine your free trial eligibility.
(ii) We will begin billing your Payment Method for the selected membership fees at the end of the free trial period of your membership unless you cancel prior to the end of the free trial period. To view the specific details of your membership, including membership price and end date of your free trial period, visit your account settings. We may authorize your Payment Method through various methods, including authorizing it up to approximately one month or year (as applicable) of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.
(iii) You will not receive a notice from us that your free trial period has ended or that the paying portion of your membership has begun. CLICK YOUR ACCOUNT SETTINGS ON OUR WEBSITE TO FIND CANCELLATION INSTRUCTIONS. We will continue to bill your Payment Method in accordance with the billing frequency determined during sign-up for your membership fee until you cancel.
(i) Recurring Billing. By starting your Digital Service subscription and providing or designating a Payment Method, you authorize us to charge you a membership fee at the then current rate and according to the billing frequency you have selected (i.e., monthly or annually), and any other charges you may incur in connection with your use of the Digital Service to your Payment Method. You acknowledge that the amount billed each applicable billing period may vary 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.
(ii) Price Changes. We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes to your service will take effect following email notice to you.
(iv) No Refunds. PAYMENTS ARE NONREFUNDABLE, WHETHER PAID MONTHLY OR ANNUALLY, AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
(v) Payment Methods. You may edit your Payment Method information by visiting our website and clicking on your account settings, available at the top of the pages of our website at projectalpha.com. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
(vi) Cancellation. You may cancel your Digital Service subscription at any time, and you will continue to have access to the Digital Service through the end of your billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH OR PARTIAL-YEAR (AS APPLICABLE) SUBSCRIPTION PERIODS OR UNWATCHED CONTENT. To cancel, go to your account settings on our website and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, go to your account settings.
5. Digital Service and License Granted to You
(a) You must be 18 years of age, or the age of majority in your state, province, territory or country, to become a subscriber of the Digital Service. Individuals under the age of 18, or applicable age of majority, may utilize the Digital Service only with the involvement of a parent or legal guardian, under such person’s account and otherwise subject to these Terms.
(b) The Digital Service, and any Content viewed through it, are for your personal and non-commercial use only. During your subscription period, we grant you a limited, non-exclusive, non-transferable, license to access the Digital Service and view Content through the Digital Service on a streaming-only basis for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the Digital Service for public performances of the Content.
(c) You may view Content through the Digital 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 applicable “Territory”). The content that may be available to watch will vary by geographic location. LDN will use technologies to verify your geographic location. You may not view any Content provided by LDN or its suppliers, via the Digital Service, anywhere other than within the authorized Territory.
(d) We continually update the Digital Service, including the Content library. In addition, we continually test various aspects of our Digital Service, including our website, application(s), user interfaces, service levels, plans, promotional features, availability of Content, delivery and pricing. We reserve the right to, and by using our Digital 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.
(e) You agree to use the Digital Service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or Content therein. You agree not to archive, download (other than through caching necessary for personal use), reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms) Content, other works, and information contained on or obtained from or through the Digital Service without express written permission from LDN and its licensors. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Digital Service; use any robot, spider, scraper or other automated means to access the Digital Service or any Content made available through it; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Digital Service; insert any code or product or manipulate the Digital 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 Digital Service, including any software viruses or any other computer code, files or programs.
(f) The availability of Content made available on the Digital Service will change from time to time, and from country to country. The quality of the display of the Content shows 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. HD and Ultra HD availability is subject to your Internet service and device capabilities. Not all Content is available in HD or Ultra HD and not all plans allow you to receive HD or Ultra HD content. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. LDN makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching a specific piece of Content will vary based on a number of factors, including your location, available bandwidth at the time, the Content show you have selected and the configuration of your Device.
(g) Applications or software (collectively, an “Application”) are developed by, or for, LDN and are designed to enable streaming of Content to you through the Digital Service. This Application may vary by device and medium, and functionalities may also differ between devices. BY USING OUR SERVICE, YOU ACKNOWLEDGE AND AGREE TO THE END USER LICENSE AGREEMENT (www.projectalpha.com/eula) AND TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF OUR APPLICATION AND RELATED THIRD-PARTY SOFTWARE. IF YOU DO NOT ACCEPT THE FOREGOING TERMS, DO NOT USE OUR SERVICE. WE DO NOT TAKE RESPONSIBILITY OR OTHERWISE WARRANT THE PERFORMANCE OF THESE DEVICES, INCLUDING THE CONTINUING COMPATIBILITY OF THE DEVICE WITH OUR DIGITAL SERVICE. By using our Digital Service, you agree to look solely to the entity that manufactured and/or sold you the Device for any issues related to the Device and its compatibility with the Digital Service.
(h) We may terminate or restrict your use of the Digital Service, without compensation or notice if you are, or if we suspect that you are (i) in violation of any of these Terms or (ii) engaged in illegal or improper use of the Digital Service.
(a) Materials. The Digital Service (including past, present and future versions) and all materials that are included in or are otherwise a part of the Digital Service, including, without limitation: Content made available through the Digital Service; graphics; layout; text; content; instructions; images; advertising copy; trademarks; logos; domain names; trade names; service marks and trade identities; any and all copyrightable material (including source and object code); the “look and feel” of the Digital Service; the compilation, assembly and arrangement of the materials of the Digital Service; and all other materials related to the Digital Service (collectively, the “Materials”) are owned, controlled or licensed by LDN, its subsidiaries or affiliates and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, publicity and other laws, rules, regulations and international treaties. Except as expressly set forth in these Terms or otherwise expressly granted to you in writing by LDN, no rights (either by implication, estoppel or otherwise) are granted to you. Any and all rights to use any Materials not expressly granted to you under this Terms are hereby reserved for LDN and/or its members, subsidiaries, affiliates or its licensors. Nothing contained in these Terms will affect, impair, or limit in any way LDN’s rights to exploit fully any or all of the Materials. You acknowledge and agree that you will not, directly or indirectly, contest, challenge, aid or abet in contesting or challenging the validity or ownership of the Materials, or take any action whatsoever in derogation of LDN’s rights therein, or in breach of, any terms and conditions contained in this Terms.
(b) Copyright/Trademarks. The entire contents of the Digital Service (including the Materials) are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. Without limitation, LDN owns a copyright in its own content and materials on the Digital Service. Third-party content providers own the copyright in Content and Materials that are original to them. Trademarks and service marks associated with the Digital Service are owned by LDN or its affiliates. Without LDN’s prior written permission, you agree not to display or use, in any manner any such marks and all goodwill associated with any use by you thereof will inure exclusively to LDN. The Materials may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of LDN, unless and except as is expressly provided in these Terms. Any unauthorized use of the Materials is prohibited. You agree to abide by any and all additional trademark and copyright notices, information or restrictions contained in any part of the Digital Service.
You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) (“Third-Party Application(s)”) that interact with the Digital Service. These Third-Party Applications may import data related to your Account and activity and otherwise gather data from you. These Third-Party Applications are provided solely as a convenience to you, and LDN is not responsible for such Third-Party Applications. SUCH THIRD-PARTYAPPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO WITH OR SPONSORED BY LDN. USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK.
8. Interactive Forums and User Content
(a) Interactive Forums and User Content. The Digital Service may provide you and others with the opportunity to participate in live-streamed audiovisual programming (“Live Stream Programs”), interactive forums and activities, blogs, message boards, social networking, and other communication (collectively, “Interactive Forums”) and may provide you with the opportunity, through such features or otherwise, to submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to LDN or the Digital Service, including, without limitation, appearances and communication of or involving you, photographs, images, artwork, writings, music, video, audio recordings, computer graphics, designs, data, questions, comments, suggestions or personally identifiable information (collectively, “User Content”). The provisions of this Section 8 apply to your participation and activities in the Live Stream Programs, Interactive Forums and/or any User Content you provide to the Digital Service or LDN.
(c) License to LDN for User Content and Grant of Name/Likeness Rights. You grant to LDN the unrestricted, unconditional, non-exclusive, unlimited, worldwide, irrevocable, perpetual and royalty-free right and license to do the following on or in connection with the Digital Service and/or Live Stream Programs (or any portion thereof): (i) host, use, copy, distribute, reproduce, disclose, sell, re-sell, sub-license, display, perform, transmit, publish, broadcast, modify, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your User Content, including depictions and appearances of you and your communications in the Interactive Forums; and (ii) make recordings (by audiovisual, audio, visual, or any other means) of you and your communications in the Interactive Forums and in connection with your User Content, and to use and exploit your name, persona, likeness and communications contained or included in any User Content (or recordings thereof) and in any profile pictures or content from your social media account(s) (if you have provided consent for LDN to access and use content from your social media account(s) – for example, when you set up or log-in to your Digital Service account using a social media account) – without any obligation or compensation to you. Notwithstanding anything to the contrary herein, the foregoing grant shall include the right to exhibit the Live Stream Programs (or any portion thereof) in any and all media now or hereafter known (including, without limitation, the Digital Service).
Some of the Live Stream Programs offered on the Digital Service may allow you (in addition to appearing in the program) to also contribute ideas or concepts about or related to the subject matter of the Live Stream Program (for example, a “Choose Your Own Adventure”-type program in which user participants suggest next steps in the adventure). For those users who participate in a Live Stream Program, you further agree that LDN is free to use any ideas, concepts, know-how or techniques contained in any User Content you communicate or transmit in connection with such Live Stream Program, and for the purpose of producing any further episodes, segments or derivative works related to such Live Stream Program.
You also grant to LDN the right to sub-license and authorize others to exercise any of the rights granted to LDN under these Terms; and each such third party will be entitled to benefit from the rights and licenses granted to LDN under these Terms. You further authorize LDN to publish your User Content in a searchable format that may be accessed by users of the Digital Service and the Internet. Except as prohibited by law, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.
(d) LDN’s Obligations Regarding User Content.You agree that LDN has no obligation to pre-screen, monitor or enforce your intellectual property rights to your User Content but has the right to protect and enforce its and its licensees’ licensed rights to your User Content. You further acknowledge and agree that LDN will not have any obligation to, but may review, monitor, display, accept or exploit any User Content and LDN may, in its sole discretion, delete, edit, distribute, move, block access, re-format, edit, alter, distort, remove or refuse to exploit User Content without notice or liability; provided, however, that LDN reserves the right to treat User Content on the Digital Service, or on certain portions of the Digital Service, as content stored at the direction of users for which LDN will not exercise editorial control except to enforce the rights of third parties and the content restrictions set forth in our User Forums Rules (defined below) when notice of such violations are directed to LDN’s attention.
LDN is not in any manner responsible for the User Content. Any opinions, advice, statements, or other information contained in User Content made available on the Digital Service are those of the respective author(s) or distributor(s) and not of LDN. We neither endorse nor guarantee the accuracy, completeness, or usefulness of any such User Content.
You acknowledge that by providing you with the ability to view User Content on the Digital Service, LDN is not undertaking any obligation or liability relating to any such User Content, including without limitation any liability arising under the laws relating to copyrights, trademarks, defamation, privacy or obscenity or any other applicable law. User Content posted may not be maintained on the Digital Service by us for any period of time, we may delete it at our discretion and you have no right to access or control any User Content that you provide. You agree and understand that LDN is not obligated to use User Content and that you will not receive any consideration or compensation for your User Content or for any exploitation of it.
(e) Your Obligations Regarding User Content. You agree that you need to evaluate, and bear all risks associated with, the use of any of User Content, including, but not limited to, any reliance on the accuracy, completeness, or usefulness of User Content. As LDN may not pre-screen User Content, you bear legal responsibility for others’ exposure to any offensive indecent or objectionable content in User Content.
(f) No Unsolicited Materials or Ideas. Please note LDN does not accept unsolicited materials or ideas for movies, TV shows or other content, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to LDN. Should you send or provide 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 LDN 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.
9. User Forums Usage Rules
As a user of the Digital Service, you agree that these User Forums Usage Rules ("Rules") are here to help you understand the conduct that is expected of individuals who participate in Interactive Forums, including any interactive communication and social networking opportunities on the Digital Service. Your participation in the Interactive Forums is subject to all the Terms, including these Rules. We reserve the right, in our sole discretion, to monitor and screen all User Content submitted to the Digital Service and may disregard any User Content that, in our sole discretion, violates these Rules or the Terms, or that we otherwise find objectionable. Please follow these Rules as you upload any User Content:
(a) User Content has to be yours. All User Content has to be original, not copied from someone else’s work, and you have all rights in the User Content; OR, all persons who contributed in any way or have any rights to your User Content or otherwise appear in the User Content have given you permission to upload and distribute the User Content on the Digital Service and elsewhere.
(b) No pictures or images of anyone but you, your friends and family. If you choose to provide or upload photos to the Digital Service or its Interactive Forums, link to embedded videos, or include other images of real people, make sure they are of you or of you and someone you know – but only with their express permission to submit it.
(c) Please act appropriately. Express yourself with non-offensive individual self-expression. Be respectful of others opinions and comments so we can continue to build User Forums for everyone to enjoy. If you think your User Content might offend someone or be embarrassing to someone chances are it probably will and it doesn’t belong on the Digital Service. Cursing, flaming, harassing, stalking, posting insulting comments, personal attacks, gossip or similar actions are prohibited. Your User Content may not threaten, abuse or harm others. Your User Content may not include any negative comments that are connected to race, national origin, gender, sexual preference or physical handicap or that are defamatory, slanderous, indecent, obscene, pornographic or sexually explicit. If you discover content that violates these Terms, you may report such abuse by clicking on the "report abuse" buttons located throughout the Sites.
(d) Don't upload or use third party materials. Your User Content should not contain any visible logos, phrases or trademarks or other third party materials. Do not use any User Content that belongs to other people and pass it off as your own. This includes any content that you might have found elsewhere on the Internet.
(e) Does your User Content contain music? Your User Content may not contain any music unless the work and performance is original with you and/or you have all rights to the musical work (including any performances). No jingles, sampling or otherwise.
(f) Do not use the Interactive Forums for commercial purposes. Your User Content may not advertise or promote a product or service. You may not use your User Content to raise money for anyone, any organization, any business or for a pyramid or other multi-tiered marketing scheme.
(g) Do not upload or provide User Content that is inappropriate or illegal. Your User Content may not promote any illegal activity. If someone could go to jail for taking action suggested by your User Content, don’t upload or provide it. If you do upload or provide User Content that is illegal or in violation of applicable law, we reserve the right to take action that we deem appropriate, in our sole discretion, including reporting you to the proper governmental authorities.
(h) No violence. Your User Content may not promote violence or describe how to perform a violent act.
(j) Be honest and do not misrepresent yourself or your User Content. Do not impersonate any other person, user or company or upload or post User Content that you know is false, fraudulent, deceptive, inaccurate, misleading or that misrepresents your identity or affiliation with a person or company.
(j) Others are watching. We hope that you will use the Interactive Forums to exchange information and content and have discussions with other users. However, please remember that the Interactive Forums are public and User Content that you post or provide on the Interactive Forums will be accessible and viewable by other users. Do not post or provide personal information (e.g., first and last name, password, phone number, address, e-mail address or other personally identifiable information or contact information).
(k) Don't share other people's personal information. Your User Content may not reveal another person’s address, phone number, e-mail address, credit card number or any information that may be used to track, contact, or impersonate that individual or that is extremely personal in nature. You may not harvest personally identifiable information about the Digital Service’s users.
(l) Don't damage the Digital Service or anyone's computers. User Content may not upload viruses, Trojan horses, spyware or any other technologies that could impact the operation of the Digital Service or any computer system. You may not gain unauthorized access to any computer system or nonpublic portion of the Digital Service or interfere with or disrupt the Sites, servers or networks connected to the Digital Service.
We reserve the right to request at any time proof of the permissions referred to above in the sections starting "User Content has to be yours", "No pictures or images of anyone but you and your friends and family" and "Does your User Content contain music?" in a form acceptable to us. Failure to provide such proof may, if requested, lead to the User Content in question being removed from the Digital Service.
(k) You are solely responsible for your interaction with other users of the Sites, whether online or offline. We are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others, when you submit or post any personal or other information, and in all other online activities.
10. Customer Support.
To find more information about our service and its features, or if you need assistance with your account, please email [email protected]. In the event of any conflict between these Terms and information provided by Customer Support or other portions of our website, these Terms will control.
11. Disclaimer of Warranties
(a) THE DIGITAL SERVICE, APPLICATION, AND ALL CONTENT PROVIDED THEREWITH ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, LDN MAKES NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE DIGITAL SERVICE OR APPLICATION; (B) THE CONTENT OR OTHER MATERIALS ON OR PROVIDED THROUGH THE DIGITAL SERVICE OR APPLICATION; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR THROUGH THE DIGITAL SERVICE OR APPLICATION; (D) ANY PRODUCTS, SERVICES OR INSTRUCTIONS OFFERED OR REFERENCED THROUGH THE DIGITAL SERVICE OR APPLICATION – INCLUDING ANY PRODUCTS OR SERVICES OF THIRD PARTIES OR LINKS TO THIRD PARTY SITES; AND/OR (E) SECURITY ASSOCIATED WITH INFORMATION TRANSMITTED TO OR FROM LDN OR VIA THE DIGITAL SREVICE OR APPLICATION. LDN DOES NOT WARRANT THAT THE DIGITAL SERVICE OR APPLICATION WILL MEET YOUR REQUIREMENTS OR THAT SPECIFIC RESULTS WILL ARISE FROM USE OF THE DIGITAL SERVICE OR APPLICATION, ANY LINK TO THIRD-PARTY SITES, OR ANY OTHER LDN PRODUCTS OR SERVICES. IN ADDITION, LDN HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, AND SYSTEM INTEGRATION.
(b) LDN DOES NOT REPRESENT OR WARRANT THAT THE DIGITAL SERVICE, APPLICATION OR THE CONTENT PROVIDED THEREBY OR FUNCTIONS CONTAINED THEREIN WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE DIGITAL SERVICE, APPLICATION OR THE SERVER(S) THAT MAKES THE DIGITAL SERVICE OR APPLICATOIN AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES OR OTHER MALWARE. IF YOUR USE OF THE DIGITAL SERVICE OR APPLICATION RESULTS IN THE NEED FOR SERVICING OR REPLACING PROPERTY, MATERIAL, EQUIPMENT OR DATA, LDN IS NOT RESPONSIBLE FOR THOSE COSTS. LDN DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE DIGITAL SERVICE OR APPLICATION IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. LDN DOES NOT WARRANT THAT YOUR USE OF THE DIGITAL SERVICE OR APPLICATION IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND LDN SPECIFICALLY DISCLAIMS SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THESE TERMS.
(c) BY ACCESSING OR USING THE DIGITAL SERVICE OR APPLICATION, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE DIGITAL SERVICE.
(d) IF YOU ARE DISSATISFIED WITH THE DIGITAL SERVICE OR APPLICATION, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE DIGITAL SERVICE AND/OR APPLICATION.
(e) YOUR USE OF THE DIGITAL SERVICE OR APPLICATION IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR HARDWARD DEVICE(S) OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE DIGITAL SERVICE OR APPLICATION.
(f) Advertisers in the Digital Service. We accept no responsibility for advertisements contained within the Digital Service, Application or Content provided thereby. If you agree to purchase goods and/or services from any third party who advertises in the Digital Service, Application or any Content provided via the Digital Service, you do so at your own risk. The advertiser, not LDN, is responsible for such goods and/or services, and if you have any questions or complaints in relation to them, your only recourse is against the advertiser.
12. Limitation of Liability; Exclusion of Damages
(a) LIMITATIONS OF LIABILITY. UNDER NO CIRCUMSTANCES WILL LDN AND ITS PARENT, SUBSIDIARIES OR AFFILIATES AND EACH OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, MEMBERS, SHAREHOLDERS, AGENTS, VENDORS, AND CONTRACTORS (COLLECTIVELY, THE “LDN PARTIES”) BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (i) THE DIGITAL SERVICE OR CONTENT PROVIDED THEREBY; (ii) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE DIGITAL SERVICE; (iii) ANY APPLICATION PROVIDED IN CONNECTION WITH THE DIGITAL SERVICE,THE FUNCTIONS MADE ACCESSIBLE ON OR THROUGH THE APPLICATION AND/OR SECURITY ASSOCIATED WITH INFORMATION TRANSMITTED TO OR FROM LDN OR VIA THE APPLICATION; (iv) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE LDN PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE DIGITAL SERVICE; (v) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS RELATED TO CONTENT OR OTHER MATERIALS AVAILABLE THROUGH THE DIGITAL SERVICE OR APPLICATION; (vi) ANY ERRORS OR OMISSIONS IN THE DIGITALSERVICE’S TECHNICAL OPERATION; OR (vii) ANY DAMAGE TO ANY USER’S DEVICES, HARDWARE, COMPUTER SOFTWARE, MODEM OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE LEENDARY PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED, IN WHOLE OR IN PART, BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SITES). IN NO EVENT WILL THE LDN PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. IN NO EVENT WILL THE LDN PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED: (1) THE AMOUNT PAID BY YOU TO LDN FOR YOUR USE OF THE DIGITAL SERVICE FOR A ONE (1) YEAR PERIOD; OR (2) ONE HUNDRED UNITED STATES DOLLARS ($100.00 USD), WHICHEVER IS GREATER.
THE FOREGOING LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE DIGITAL SERVICE OR APPLICATION OR ANY LINKS OFFERED BY THE DIGITAL SERVICE OR APPLICATION, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE DIGITAL SERVICE OR ANY LINKS OFFERED BY THE DIGITAL SERVICE OR APPLICATION. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
(b) WAIVER OF UNKNOWN CLAIMS. BY ACCESSING AND USING THE DIGITAL 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, 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.”
You agree to indemnify, defend and hold harmless LDN, and all its officers, directors, owners, agents, employees, affiliates, dealers, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all claims, actions, losses, damages, liabilities, and all fees, costs and expenses of any kind related thereto (including without limitation, attorneys' fees and settlement amounts) incurred or suffered by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from: (i) your use of, or inability to use, the Digital Service or Application; (ii) your activities in connection with the Digital Service or Application and/or use of the Digital Service or Application by any other person using your Device(s) or Account(s); (iii) any negligence, willful misconduct or any breach of this Agreement, including without limitation, breach of any warranty, covenant or obligation hereunder by you; (iv) your breach or anticipatory breach of this Agreement; (v) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (vi) any misrepresentation made by you; or (vii) the LDN Parties’ use of your information. LDN reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not in any event consent to the entry of any judgment or settle any claim, action or other matter without the prior written consent of LDN.
14. Copyright Policy
(a) DMCA. You may not use the Digital Service for any purpose or in any manner that infringes the rights of any third party. In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”) (text at http://www.copyright.gov), LDN has a designated agent for receiving notices of copyright infringement and we follow the notice and take down procedures of the DMCA. We have a policy of terminating the Accounts of users who (in our reasonable discretion) are repeat infringers.
(b) Procedure. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide LDN’s copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. § 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online Site are covered by a single notification, a representative list of such works at that Site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Here is the contact information for our DMCA agent:
Legendary Digital Networks, LLC
2900 West Alameda Avenue
Burbank, CA 91505
Email: [email protected]
It is often difficult to determine if your intellectual property rights have been violated. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.
15. Changes to Agreement; Electronic Notices
LDN reserves the right to make changes or amendments to these Terms from time to time. Users will be notified of any changes by a notice in electronic form. LDN may provide electronic notices, at its sole option, either by posting the notice on a web or mobile page designated by us for this purpose. You agree to receive all notices of changes in these Terms or any other notices or information regarding the Digital Service in electronic form. The delivery of any notice is effective when posted or sent by us, regardless of whether you read the notice or actually receive the delivery. Your continued use of the Digital Service after being notified of any changes constitutes acceptance of those changes.
16. Governing Law, Arbitration and No Class Actions
(a) GOVERNING LAW. THESE TERMS, THE END USER LICENSE AGREEMENT, AND THEIR INTERPRETATOIN WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO ITS CONFLICTS OF LAWS PRINCIPLES AND SPECIFICALLY WILL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE.
(b) ARBITRATION. YOU UNDERSTAND AND AGREE THAT ALL CLAIMS, DISAGREEMENTS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND ANY LDN PARTIES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARENTS, AFFILIATES, SUBSIDIARIES AND/OR RELATED COMPANIES ARISING OUT OF OR RELATING TO THE DIGITAL SERVICE, THE APPLICATION, THESE TERMS OR THE END USER LICENSE AGREEMENT SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION, WHICH MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES. BECAUSE THE DIGITAL SERVICE AND APPLICATION PROVIDED TO YOU BY LDN CONCERNS INTERSTATE COMMERCE, THE FEDERAL ARBITRATION ACT ("FAA") GOVERNS THE ARBITRABILITY OF ALL DISPUTES. HOWEVER, APPLICABLE FEDERAL OR STATE LAW MAY ALSO APPLY TO THE SUBSTANCE OF ANY DISPUTES. THE ARBITRATION SHALL TAKE PLACE IN LOS ANGELES, CALIFORNIA. THE ARBITRATION SHALL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH TITLE 9 OF THE US CODE (UNITED STATES ARBITRATION ACT) UNDER THE AAA’S COMMERCIAL DISPUTE RESOLUTION PROCEDURES AS SUPPLEMENTED BY THE SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES (AND AS STATED THEREIN, IF THERE IS A DIFFERENCE BETWEEN THE COMMERCIAL DISPUTE RESOLUTION PROCEDURES AND THE SUPPLEMENTARY PROCEDURES, THE SUPPLEMENTARY PROCEDURES WILL BE USED). YOU AND WE VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT YOU OR WE HAVE TO A JURY TRIAL.
(c) NO CLASS ACTIONS. NEITHER YOU NOR WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS/CONSUMERS OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
17. Additional Remedies
You agree that monetary damages may not provide a sufficient remedy to LDN for your violation of these Terms, and, accordingly, you acknowledge and agree that LDN is entitled to immediate injunctive relief for any such violation without the necessity of posting a bond, in addition to any other remedy available to LDN under these Terms, at law or in equity. LDN may release user information about you if required by law or subpoena, or if the information is necessary or appropriate to release to address an unlawful or harmful activity.
18. Changes or Updates to Digital Service; Termination
(a) LDN shall have the right for any reason, in its sole discretion, to terminate, change, suspend or discontinue, temporarily or permanently, any aspect of the Digital Service, including but not limited to any Content or features, without notice to you. LDN may also impose limits on certain features and services or restrict your access to parts or all of the Digital Service with or without notice or liability. You agree that LDN will not be liable to you or to any third party for any modification, suspension or discontinuance of the Digital Service or any part thereof.
(b) Termination. LDN reserves the right to terminate your access to and use of the Digital Service, including, without limitation your Account, in its sole discretion, without notice and liability, including, without limitation, if LDN believes your conduct fails to conform with these Terms. LDN also reserves the right to investigate suspected violations of these Terms. Any violation, or potential violation, of these Terms may be referred to law enforcement authorities.
(c) What happens upon Termination? Upon termination of your access to the Digital Service and/or your Account, or upon demand from LDN, all rights granted to you under these Terms will cease immediately, and you agree that you will immediately discontinue use of the Digital Service.
The following sections will survive termination of these Terms, together with all other terms and conditions that by their nature or context are intended to survive termination: Sections 6 (Ownership), 8 (Interactive Forums and User Content), 11 (Disclaimer of Warranties), 12 (Limitation of Liability; Exclusion of Damages), 13 (Indemnification), 16 (Governing Law, Arbitration and No Class Actions), 17 (Additional Remedies), 18 (Changes to Agreement; Electronic Notices), and 20 (Miscellaneous).
The failure of LDN to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit LDN’s rights with respect to such breach or any subsequent breaches. No waiver by LDN of any provision in these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of LDN. Neither the course of conduct between the parties nor trade practice will act to modify these Terms. LDN may assign its rights and duties under these Terms to any party at any time without any notice to you. These Terms may not be assigned by you without LDN’s prior written consent. If any provision of these Terms will be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. The Section titles are inserted only as a matter of convenience and have no legal or contractual effect. You agree that these Terms will not be construed against LDN by virtue of having drafted it.
21. Contracting Party; Contact Information
The contracting party is Legendary Digital Networks, LLC. Any questions or inquiries regarding the Digital Service or these Terms should be directed as follows:
Legendary Digital Networks, LLC
2525 Naomi Street
Burbank, CA 91504
Email: [email protected]