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Viewer Terms of Service Agreement

Amethyst Network, LLC 'Viewer Terms of Service Agreement"

Last updated: December 2, 2023

 

This Amethyst Network, LLC 'Viewer Terms of Service Agreement ("Agreement") is between you and Amethyst Network, LLC (for the purposes hereof, "Amethyst," "we," or "us"). The Agreement governs your use of the "Amethyst OTT Service," an online platform that allows consumers like you to view video programs ("Programs") from content owners and licensors ("Producers") through Producer-branded websites and applications that we power.

 

Notice: Section 10 of this Agreement contains a mandatory ARBITRATION AGREEMENT. By using the Amethyst OTT Service, you agree that any claims you may have against Amethyst relating to the Amethyst OTT Service must be ARBITRATED, and you waive the right to (1) assert claims against Amethyst in court; (2) participate in a class action; and (3) have a jury hear your case.

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Acceptance

  • By creating an account, viewing videos, making a purchase, downloading Producer-branded applications that we power, or otherwise visiting or using the Amethyst OTT Service, you accept this Agreement and consent to contract with us electronically. If you are an entity other than a natural person, the person who registers the account or otherwise uses the Amethyst OTT Service must have the authority to bind the entity. In this context, "you" means both the entity and each person who is authorized to access the account. We may update this Agreement by posting a revised version on our website. By continuing to use the Amethyst OTT Service, you accept any revised Agreement.

 

You may terminate the Agreement at any time by deleting your account. We reserve the right to suspend or terminate your account for your breach of the terms hereof. If Amethyst deletes your account for breach, you may not re-register. In the event of any termination or expiration of the Agreement, the following sections will survive: Section 7 (Disclaimers), Section 8 (Limitation of Liability), Section 9 (Indemnification), Section 10 (Arbitration Agreement; Jury Waiver; Class Action Waiver), and Section 11 (General Provisions).

 

Accounts

  • Registration: You must create an account to use certain features we offer (e.g., to view a Program). To do so, you must provide an email address. By creating an account, you agree to receive notices from Amethyst and the Producers of the Programs you purchase at this email address. You must keep your email address valid and current so that we can contact you.

 

Age Requirements: You may not create an account if you are younger than 16 years of age. By creating an account, you represent that you are at least 16 years of age, and, to the extent required by law, you have the permission of a parent or guardian to create an account and use the Amethyst OTT Service.

 

Parents and Guardians: By granting your child permission to use the Amethyst OTT Service through your account, you agree and understand that you are responsible for monitoring and supervising your child's usage. If you believe your child is using your account and does not have your permission, please contact us immediately so that we can disable access.

 

Account Security: You are responsible for all activity that occurs under your account, including unauthorized activity. You must safeguard the confidentiality of your account credentials and may not share your account credentials with anyone. If you are using a computer that others have access to, you must log out of your account after each session. If you become aware of unauthorized access to your account, you must change your password and notify us immediately.

 

Privacy

  • By creating an account, you agree that the Producer of the Program(s) you purchase will have access to your account information and account activities, such as the viewing and purchase of the Producer’s Programs, and your contact information. Amethyst is not responsible for a Producer’s use or disclosure of your data. Please refer to the applicable Producer’s Privacy Policy for more information about how your data is handled when you interact with Producer-branded websites and applications.

 

Program Viewing and Purchase Options

  • Producers may offer the following purchase options through Producer-branded websites and applications:

  • Rental: After paying the stated fee, you may stream the Program an unlimited number of times during the stated rental period.

  • Purchase: After paying the stated fee, you may stream the Program an unlimited number of times; if offered by the Producer, you may download the Program.

  • Subscription: For a recurring fee, you may stream the Programs offered within a Producer’s subscription channel an unlimited number of times during your subscription period. The Producer may add or remove Programs from the channel at any time.

 

To make a purchase, you must provide a valid payment method. We may apply taxes, including VAT (value-added tax), to any charges. Prices and other terms of purchase are subject to change. Producer will attempt to notify you in advance of any such price changes prior to your next billing cycle. If you do not wish to accept a price change, you may cancel your subscription in accordance with this Agreement. If a Producer provides you access to a Program on a free basis, such access will be deemed a “purchase” for the purpose of this Agreement.

 

ALL PURCHASES, INCLUDING RECURRING CHARGES, ARE FINAL AND NON-REFUNDABLE.

 

Free Trials and Discounts: Producers may offer free-trial or discounted subscriptions. When a free-trial period ends, your paid subscription begins (unless you have canceled) and you must pay the full monthly or annual fee. If a Producer provides a discount for the first subscription period, you must pay the discounted fee; in any renewal, you must pay the full fee.

 

Automatic Renewal: To the extent permitted by applicable law, subscriptions automatically renew for the subscription period until you cancel. Your payment method will be charged at the beginning of each subscription period. If a Purchaser offers a free-trial period, your payment method will be charged at the end of the free-trial period unless you cancel before the end of that period.

 

How to Decline Renewal: To pause or cancel a subscription, visit your account settings. Your changes will be applied to your next subscription period.

 

In-App Purchase: Producers may allow you to purchase subscriptions within apps you download. When you make such “in-app” purchases, you will be billed by the app platform, not us. To turn off automatic renewal for subscriptions, access your platform’s account settings (not Amethyst’s). Any billing inquiries should be directed to the app platform.

 

Licenses and Intellectual Property

  • License to Programs: Subject to the terms hereof, you have the right to stream and/or (if offered) download for your personal entertainment purposes: (i) Programs that you have rented during the stated rental period; (ii) Programs that you have purchased; and (iii) Programs made available within a channel that you have subscribed to during your subscription period.

 

Restrictions: You may not resell streams or downloads, use any Program for any commercial purpose, redistribute or retransmit any Program, publicly perform or display any Program, or make derivative works from any Program. All rights not expressly granted herein are reserved by the applicable Producer.

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Amethyst OTT Service: Subject to the terms hereof, Amethyst grants you permission to use the Amethyst OTT Service for the sole purpose of viewing Programs for your personal entertainment.

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