Ameba Inc. (“Ameba”) offers services (the “Services”) allowing you to view video content from Ameba’s Website, Ameba App or other Ameba approved third party App (the “App”) to which you may stream titles (“Content”) from either Ameba’s website located at www.amebatv.com or third party Ameba-compatible content delivery network (in each case, the "Site"), for viewing at your convenience.
The following Terms of Service (“Terms”) are between you and Ameba and constitute a legal agreement that governs your use of the Site, App and Services. You must agree to these Terms before you can use the Site, App and Services. In consideration for your right to access and use the Site, App and Services, you agree as follows:
In these terms, reference to "we", "us", "our" and "ours" refers to Ameba and reference to "users", "account holders", "you", "your" and "yours" refers to the person registering with the Site to receive the Services as well as to any non-registered user of the Site and/or Services.
IT IS IMPORTANT THAT YOU READ ALL OF THE TERMS AND CONDITIONS CAREFULLY.
In order to register to use the Site, App and Services, you are required to indicate your agreement to abide by these Terms through a click-through consent when this option is made available to you by us
Accurate Registration. You must complete a registration form in order to use the Site and our Services. You will provide true, accurate, current, and complete information about yourself as requested in the registration form and will update the information to keep it current.
Accounts, Login and Security. You will be assigned an account and asked to choose your own password. You will be responsible for maintaining the security of your account and password and for all uses of the account, the Site, the App and our Services. At its sole discretion, Ameba reserves the right to refuse registration of accounts, or cancel any existing accounts, that it deems to be inappropriate. You agree to (a) immediately notify Ameba of any unauthorized use of your password or account or any other breach of security, and (b) exit from your account at the end of each session. Ameba will not be liable for any loss or damage arising from your failure to comply with this section.
If you are already a user of Ameba Subscription Version, you may be transferred to Ameba Ad Version by contacting Ameba using any of the methods outlined in section 12.
If you are or will be a user of Ameba Ad Version, you may be transferred to Ameba Subscription Version by entering your payment information on the appropriate page of our Site.
We may transfer you from Ameba Subscription Version to Ameba Ad Version under certain circumstances, as further described in these Terms, unless you click on the downgrade button in the Parents section of the Site.
In the event that you use Ameba Ad Version, the following terms and conditions shall apply to your use and viewing of Ameba Ad Version:
Content. Ameba takes no responsibility for Content (including, without limitation, any viruses or other disabling features), nor does Ameba have any obligation to monitor such Content. Ameba reserves the right at all times to remove or refuse to distribute any Content on the Site or as part of our Services, including, without limitation, any Content which violates the provisions of these Terms. All programming of Content, including the amount of Content, the size, type and length of Content, and all other matters relating to Content are at the sole discretion of Ameba and are subject to change by Ameba at any time in Ameba’s sole discretion, subject to any applicable law.
Prohibited Activities. Ameba may be used only for lawful or appropriate purposes. For example, you may not use the Site, App or Services to:
By starting your Ameba membership, you are expressly agreeing that we are authorized to charge you a monthly membership fee at the then current rate plus any applicable tax, and any other charges you may incur in connection with your use of the Ameba service, to the payment method ("Payment Method") you provided during registration (or to a different Payment Method if you change your account information). As used in these Terms, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method. Additional charges may include gift subscription purchases you make or service level changes you request. Please note that prices and charges are subject to change with notice to be provided on the Site and by e-mail to you.
The membership fees will be billed at the beginning of the paying portion of your membership and each month thereafter on the calendar day corresponding to the commencement of your paying membership, unless and until you cancel your membership. In the event your paying membership began on a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, if you became a paying member on January 31st, your Payment Method would next be billed on February 28th. You acknowledge that the amount billed each month may vary from month to month for reasons that include promotional offers, changes in or additions to your membership plan, changes in the amount of applicable sales tax, and other charges that may be applicable upon cancellation or termination of your membership, and you hereby authorize us to charge your Payment Method for such varying amounts.
If you are eligible, and have signed up for a free trial, your Payment Method will be authorized for up to approximately one month of service; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your free trial. We may also periodically authorize your card in anticipation of membership fees or related charges. All fees and charges are fully earned upon payment. Payments are nonrefundable and THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED OR UNUSED PERIODS.
We may, in our sole discretion, automatically convert you from Ameba Subscription Version to Ameba Ad Version if you are delinquent in paying your monthly fee to access and use Ameba Subscription Version.
We also may, in our sole discretion, automatically convert you from a trial version of Ameba to Ameba Ad Version, in the event that you do not continue on to Ameba Subscription Version at the end of your trial.
At any time, and for any reason, we may provide a refund, discount, bonus 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 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.
We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email.
If you want to use a different Payment Method or if there is a change in Payment Method, such as your credit card validity or expiration date, you may edit your Payment Method information by visiting our website and changing the information there. If your Payment Method reaches its expiration date and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you authorize us to continue billing that Payment Method and you remain responsible for any uncollected amounts.
Ongoing Membership. Your membership, which may start with a free trial portion, will continue in effect unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews each month in order to avoid billing of the next month's membership fees to your Payment Method. We will bill the monthly membership fees at the then current rate plus any applicable tax to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). Membership fees are fully earned upon payment.
If you cancel your plan, your cancellation will take effect immediately. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS OR UNWATCHED CONTENT. After cancellation, you will no longer have access the Site, App or Services. If your credit card is invalid for any reason, your access to the Site, App and Services will be suspended until such time as we receive payment, unless we have not obtained payment within one (1) month, in which case we may terminate your access to the Site, App and Services.
You agree Ameba, in its sole discretion, may, without prior notice, immediately terminate your access to the Site, App and Services, and remove any and all related information, if Ameba believes that you have violated or acted inconsistently with the letter or spirit of these Terms, or for any other reason. You agree that Ameba shall not be liable to you or any third-party for any termination of your access to the Site, App and Services. Plans that are terminated for cause will not be refunded
Subject to the terms and conditions of these Terms, you are granted a limited personal, non-exclusive, non-transferable, revocable license to access, view and use the Site, Services, App and Content as provided to you by us solely for your personal, non-commercial use, provided that you maintain all copyright and other notices contained in such items and you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code in, the Site, App and Services, or the Content. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Site, App and Services provided by Ameba, in the manner permitted by these Terms. Ameba shall have the right to determine, in its sole discretion, what constitutes an inappropriate or commercial use of the Site, App and Services or Content. Content must not be reproduced, republished, or disseminated in any manner or form without the prior written consent of Ameba or its licensors.
Certain words, phrases, names, designs or logos on the Site, including Ameba's logo, may constitute trademarks, service marks, or trade names of Ameba or others. The display of such marks on the Site does not imply that you have been granted a license by Ameba or other entities with respect to them.
Your personal information we collect is subject to our Privacy Policy which is found on our website.
This Site or Content may include links to other Internet sites, solely as a convenience to users. Ameba does not endorse any such linked sites or the information, material, products or services contained on other linked sites or accessible through other linked sites. Furthermore, Ameba makes no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked sites. Access and use of linked sites, including information, materials, products and services on linked sites or available through linked sites is solely at your own risk and governed by the terms of service of the linked site. If there is any conflict between these Terms and any of the terms or notices set forth on any other Internet site, then the terms of that Internet site will control your use of that link. Please review the terms of use for each link so that you understand all of the terms that will apply. Accessing web pages through links on our Site is at your own risk.
Our Services are an over the top IPTV service, in that they ride "over the top" of your existing Internet service. You must have a persistent connection to the Internet in order to receive their Content. You are responsible for any communications charges incurred by accessing the Site, App and Services.
You are responsible for obtaining and maintaining the equipment and services needed to access the Site, App and Services, all at your own cost. We shall not have and do not assume any responsibility for the condition, repair or quality of such equipment and services.
We will provide you with technical support from 9:00 a.m. to 5:00 p.m. Central Standard Time, Monday through Friday. You may access this technical support via telephone at (204) 988-3000 via e-mail at [email protected] or through the Site.
Access to the Site, App, Services and Content are provided "as is" and without warranties of any kind either express or implied. By agreeing to these Terms, you acknowledge and agree that the use and viewing of Content is entirely at your own risk. Ameba makes no representation or warranties regarding the Site, App Services or Content, including, without limitation, that the Site, App Services or Content will be available at all times or that the Site or Content will be free from errors, viruses or other harmful components. Ameba is not responsible for any Content, or other information on or from the Site or any linked site that you may find offensive, undesirable or objectionable. To the fullest extent permissible pursuant to applicable law Ameba disclaims all warranties and conditions, express or implied, including, but not limited to, warranties and conditions regarding use of the Site, Services, App and Content, including all implied warranties or conditions of merchantability, fitness for a particular purpose or non-infringement, whether express or implied. Ameba is not liable for any warranty on third party, Ameba ready devices. Warranty is handled by their respective manufacturers.
SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL AMEBA, ITS OFFICERS OR DIRECTORS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, REPRESENTATIVES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES WHATSOEVER ARISING, CAUSED, ARISING OUT OF, OR IN CONNECTION WITH, THE USE OF, OR INABILITY TO USE, THE SITE, APP AND SERVICES OR CONTENT, OR THE ACTIONS OF THIRD PARTIES, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT, TORT, IN EQUITY, AT LAW OR OTHERWISE AND WHETHER OR NOT AMEBA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify and hold Ameba, its officers, directors, subsidiaries, affiliates, employees, representatives, agents, licensors and their respective successors and assigns harmless from any claim or demand (including without limitation, reasonable legal fees), made by any third party in connection with your use of the Site, App or Services.
Ameba makes no representation that any of the Site, App or Services is appropriate or available for use in any particular location. Those who choose to access the Site, App or Services do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
The failure of Ameba to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms shall be governed by and construed in accordance with the laws of the Province of Manitoba, and the laws of Canada applicable therein and shall govern as to the interpretation, validity and effect of these Terms, notwithstanding any conflict of law provision or your domicile, residence or physical location. You hereby consent and submit to the exclusive jurisdiction of the courts of the Province of Manitoba in any action or proceeding arising out of or relating to these Terms. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms may not be transferred or assigned by you, but may be assigned by Ameba without restriction. Each party agrees to do and cause all things to be done and execute and deliver all such documents as may reasonably be required in order to carry out the provisions of these Terms.
Last Revised: June 27, 2014
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