Terms & Conditions
Effective Date: February 19, 2020
1. DESCRIPTION OF SERVICE AND ACCEPTANCE OF TERMS
VIEWER PRIME ("VIEWER PRIME," "we," or "us") provides an online video service offering a selection of television shows, movies, clips, and other content (collectively, the "Content"). Our video service, the Content, our player for viewing the Content (the "Video Player") and any other features, tools, materials, or other services offered from time to time by VIEWER PRIME through a variety of Access Points (defined below) are referred to collectively as the "VIEWER PRIME Services." The term "Access Points" refers to, collectively, the ViewerPrime.com website (the "VIEWER PRIME Site"), applications, and other means through which the VIEWER PRIME Services may be accessed, including websites and applications of VIEWER PRIME's third party distribution partners, and other websites where users or website operators are permitted to embed or have otherwise licensed the Video Player. Use of the VIEWER PRIME Services (including access to the Content) is subject to compliance with these Terms and any end user license agreement that might accompany the applicable VIEWER PRIME Service. Therefore, by visiting the VIEWER PRIME Site or using any of the VIEWER PRIME Services through any other Access Point, you are agreeing to these Terms. Certain VIEWER PRIME Services are provided to you free-of-charge. There are some other VIEWER PRIME Services that require payment before you can access them. The VIEWER PRIME Services that may be accessed after payment are referred to currently as "VIEWER PRIME Premium." You can learn more about VIEWER PRIME Premium by visiting ViewerPrime.com/premium. There is certain information in these Terms that relate only to VIEWER PRIME Premium and those specific provisions are set forth in Section 4 below. Accordingly, if you choose to subscribe to VIEWER PRIME Premium, then please familiarize yourself with Section 4, in addition to all of the other provisions in these Terms (please note that references to "VIEWER PRIME Services" throughout these Terms are intended to include VIEWER PRIME Premium). If you are not a subscriber of VIEWER PRIME Premium, then Section 4 does not apply to you.
2. CHANGES TO THESE TERMS
We may need to make changes to these Terms from time to time for many reasons. For example, we may need to reflect updates in how the VIEWER PRIME Services work or changes in the law. You should look at these Terms regularly, which are posted on the VIEWER PRIME Site at ViewerPrime.com/terms and are accessible via a link at the bottom of every page. In addition, you can access these Terms from all VIEWER PRIME applications. If we make a material change to these Terms, we will notify you by posting notice of the change on the VIEWER PRIME Site. If you are a registered user, we will also send an email to the email address you most recently provided to us prior to the change taking effect. Therefore, it is very important that you keep your account information, including email address, updated. Material changes to these Terms shall be effective automatically 30 days after they are initially posted or, for users who register or otherwise provide opt-in consent during this 30-day period, at the time of registration or consent, as applicable.
3. ACCESS AND USE OF THE VIEWER PRIME SERVICES
3.1 Age Limitations.
The VIEWER PRIME V 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 VIEWER PRIME or provide your personal information to VIEWER PRIME. If you are at least 13 and under 18 years of age, you may register with VIEWER PRIME only if you have the consent of your parent or guardian.
3.2 Your License.
VIEWER PRIME is pleased to grant you a non-exclusive limited license to use the VIEWER PRIME Services, including accessing and viewing the Content on a streaming-only basis through the Video Player, for personal, non-commercial purposes as set forth in these Terms.
3.3 The Content.
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, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content unless expressly permitted by VIEWER PRIME 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 VIEWER PRIME in writing. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by VIEWER PRIME. 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 it is expressly permitted by VIEWER PRIME in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
3.4 The Video Player.
You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of the Video Player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Video Player. This restriction includes, without limitation, disabling, reverse engineering, modifying, interfering with or otherwise circumventing the Video Player in any manner that enables users to view the Content without: (i) displaying visibly both the Video Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the webpage where the Video Player is located; and (ii) having full access to all functionality of the Video Player, including, without limitation, all video quality and display functionality and all interactive, elective, or click-through advertising functionality.
You agree that VIEWER PRIME owns and retains all rights to the VIEWER PRIME Services. You further agree that the Content you access and view as part of the VIEWER PRIME Services is owned or controlled by VIEWER PRIME and VIEWER PRIME's licensors. The VIEWER PRIME Services and the Content are protected by copyright, trademark, and other intellectual property laws.
3.6 Your Responsibilities.
If VIEWER PRIME determines in its sole discretion that you are violating any of these Terms, we may (i) notify you, and (ii) use technical measures to block or restrict your access or use of the VIEWER PRIME Services. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the VIEWER PRIME Services, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.
3.7 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 VIEWER PRIME Services to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. You understand that we may employ technical measures to prevent spam or unsolicited bulk or other communications from entering, utilizing, or remaining within our computer or communications networks. If you Post (as defined below in Section 7) or otherwise send spam, advertising, or other unsolicited communications of any kind through the VIEWER PRIME Services, you acknowledge that you will have caused substantial harm to VIEWER PRIME and that the amount of such harm would be extremely difficult to measure. As a reasonable estimation of such harm, you agree to pay VIEWER PRIME $50 for each such unsolicited communication you send through the VIEWER PRIME Services.
3.8 Software Downloads.
In order to participate in certain VIEWER PRIME Services or access certain Content, you may be notified that it is necessary to download software or other materials or agree to additional terms and conditions. Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into these Terms.
We hope not to, but we may change, suspend, or discontinue - temporarily or permanently - some or all of the VIEWER PRIME Services (including the Content and the devices through which the VIEWER PRIME Services are accessed), with respect to any or all users, at any time without notice. You acknowledge that VIEWER PRIME may do so in VIEWER PRIME's sole discretion. You also agree that VIEWER PRIME will not be liable to you for any modification, suspension, or discontinuance of the VIEWER PRIME Services, although if you are a VIEWER PRIME Premium subscriber and VIEWER PRIME suspends or discontinues the VIEWER PRIME Premium service, VIEWER PRIME may, in its sole discretion, provide you with a credit, refund, discount or other form of consideration (for example, we may credit additional days of service to your account) in accordance with Section 4 below. However, if VIEWER PRIME terminates your account or suspends or discontinues your access to VIEWER PRIME Services due to your violation of these Terms, then you will not be eligible for any such credit, refund, discount or other consideration.
3.10 Internet Access Charges.
You are responsible for any costs you incur to access the internet.
3.11 Customer Service.
If we can be of help to you, please do not hesitate to contact our customer service department by visiting our customer service web page at VIEWER PRIME.com/help. It would be our pleasure to serve you.
4. VIEWER PRIME PREMIUM SUBSCRIPTIONS AND BILLING
It is our mission to provide users with as many viewing choices as possible. Therefore, we give our users the choice of paying a subscription fee to access VIEWER PRIME Premium, which includes Content that VIEWER PRIME would not otherwise be able to make available without charging a fee. You can find the specific details regarding your subscription to VIEWER PRIME Premium at any time by logging in on the VIEWER PRIME website and clicking on Account under your name. You agree that your VIEWER PRIME Premium account is for individual use only and your VIEWER PRIME Premium account is limited to only one simultaneous stream at a time. Additionally, you agree that for various reasons, such as restrictions from content licensors and other limitations or considerations from third parties, certain Content that may be accessible through one Access Point may not be accessible through another Access Point. Because the VIEWER PRIME Service is 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 VIEWER PRIME ("Payment Method") for your VIEWER PRIME Premium subscription, you are expressly agreeing that we are authorized to charge you a monthly subscription fee, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of VIEWER PRIME Premium 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 VIEWER PRIME website and clicking on Account under your name. When you provide a Payment Method to access VIEWER PRIME Premium, our system will attempt to verify the information you entered. We do this by processing an authorization hold, which is a standard practice. We do not charge you in connection with this authorization hold. If your Payment Method expires and you do not edit your Payment Method information or cancel your account, you authorize us to continue billing, and you will remain responsible for any uncollected amounts. As used in these Terms, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method. The subscription fee will be billed at the beginning of your subscription, and on each monthly renewal thereafter unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to these Terms. To see the commencement date for your next renewal period, log in on the VIEWER PRIME website and click on Account under your name. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your subscription (each such month, a "Monthly Period"). In the event your subscription 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 subscriber on January 31, your Payment Method would next be billed on February 28. If you change your Payment Method, this could result in changing the calendar day upon which you are billed. You acknowledge that the amount billed each Monthly Period may vary due to promotional offers, changes in your subscription plan, and changes in applicable taxes, and you authorize us to charge your Payment Method for the corresponding amounts. If VIEWER PRIME changes the subscription fee or other charges for VIEWER PRIME Premium from time to time, we will give you advance notice of these changes by email. However, we will not be able to notify you of changes in any applicable taxes. Very rarely, if there are special circumstances where VIEWER PRIME determines it is appropriate (e.g., the VIEWER PRIME Premium service is unavailable for days due to technical difficulties), we may provide credits to affected subscribers. The amount and form of such credits, and the decision to provide them, are at VIEWER PRIME's sole and absolute discretion, and the provision of credits in one instance does not entitle anyone to credits in the future under similar or different circumstances.
4.2 Ongoing Subscription and Cancellation.
Your VIEWER PRIME Premium subscription will continue in effect on a month-to-month basis 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 it renews each Monthly Period in order to avoid the next billing. We will bill the monthly subscription fee plus any applicable taxes to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). If you cancel your subscription, cancellation will be effective at the end of the current Monthly Period -this means that you will have continued access to VIEWER PRIME Premium for the remainder of that period, but you will not receive a refund. You can cancel your VIEWER PRIME Premium subscription by logging into your VIEWER PRIME Unlimited Account and clicking "Cancel Subscription."
4.3 Unpaid Amounts.
In order to sustain the VIEWER PRIME Premium service, it is important that each user of the VIEWER PRIME Premium service honor the payment obligations to which the user agreed. Accordingly, we reserve the right to pursue any amounts you fail to pay in connection with VIEWER PRIME Unlimited. You will remain liable for all such amounts and all costs incurred in connection with the collection of these amounts, including, without limitation, bank overdraft fees, collection agency fees, reasonable attorneys' fees, and arbitration or court costs.
4.4 Free Trials.
VIEWER PRIME may offer free trials temporarily at our sole discretion.
5. ACCOUNTS AND REGISTRATION.
We may from time to time offer various features that require registration or the creation of an account with VIEWER PRIME. If at any time you choose to register or create an account with us, the additional terms and conditions set forth below also will apply. 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, you agree to be responsible for ensuring that they comply with these Terms and you agree to be responsible for their activity using the VIEWER PRIME 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 VIEWER PRIME 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 using the customer support form available at VIEWER PRIME.com/Contact Us as soon as you know of, or 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 VIEWER PRIME account by logging in on the VIEWER PRIME website and clicking on Account under your name, and then choosing "Update Personal Info." Please identify your account and provide a valid reply email address in the event we require additional information to terminate your account. Please note, if you are a VIEWER PRIME Premium subscriber you must first cancel your VIEWER PRIME Premium subscription before you will be able to delete your account. Please see the section "Ongoing Subscription and Cancellation" above for instructions on how to cancel your VIEWER PRIME Premium subscription. We reserve the right to immediately terminate or restrict your account or your use of the VIEWER PRIME Services or access to Content at any time, without notice or liability, if VIEWER PRIME 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 VIEWER PRIME 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 VIEWER PRIME 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.
6. COLLECTION AND USE OF PERSONAL INFORMATION.
7. USER REVIEWS, COMMENTS, AND OTHER MATERIAL
7.1 Your Posts.
As part of the VIEWER PRIME Services, users may have an opportunity to publish, transmit, submit, or otherwise post (collectively, "Post") reviews, comments, or other materials (collectively, "User Material"). In order to keep the VIEWER PRIME Services enjoyable for all of our users, you must adhere to the rules below. Please choose carefully the User Material that you Post. Please limit yourself to User Material directly relevant to the VIEWER PRIME Services. Moreover, you must not Post User Material that: (i) contains Unsuitable Material (as defined above in Section 3); or (ii) improperly claims the identity of another person. Please note that if you Post User Material on VIEWER PRIME using a third party service, such as a social network or email provider, your first and last name or other user ID may appear to the public each time you Post. We advise that you do not, and you should also be careful if you decide to, Post additional personal information, such as your email address, telephone number, or street address. You must be, or have first obtained permission from, the rightful owner of any User Material you Post. By submitting User Material, you represent and warrant that you own the User Material or otherwise have the right to grant VIEWER PRIME the license provided below. You also represent and warrant that the Posting of your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your Posting User Material. VIEWER PRIME will remove all User Material if we are properly notified that such User Material infringes on another person's rights. You acknowledge that VIEWER PRIME does not guarantee any confidentiality with respect to any User Material. By Posting User Material, you are not forfeiting any ownership rights in such material to VIEWER PRIME. After Posting your User Material, you continue to retain all of the same ownership rights you had prior to Posting. By Posting your User Material, you grant VIEWER PRIME a limited license to use, display, reproduce, distribute, modify, delete from, add to, prepare derivative works of, publicly perform, and publish such User Material through the VIEWER PRIME Services worldwide, including on or through any Property, in perpetuity, in any media formats and any media channels now known or hereinafter created. The license you grant to VIEWER PRIME is non-exclusive (meaning you are not prohibited by us from licensing your User Material to anyone else in addition to VIEWER PRIME).
7.2 Third Party Posts.
Despite these restrictions, please be aware that some material provided by users may be objectionable, unlawful, inaccurate, or inappropriate. VIEWER PRIME does not endorse any User Material, and User Material that is Posted does not reflect the opinions or policies of VIEWER PRIME. We reserve the right, but have no obligation, to monitor User Material and to restrict or remove User Material that we determine, in our sole discretion, is inappropriate or for any other business reason. In no event does VIEWER PRIME assume any responsibility or liability whatsoever for any User Material, and you agree to waive any legal or equitable rights or remedies you may have against VIEWER PRIME with respect to such User Material. You can help us tremendously by notifying us of any inappropriate User Material you find by emailing firstname.lastname@example.org (subject line: "Inappropriate User Material").
8. LINKED DESTINATIONS AND ADVERTISING.
8.1 Third Party Destinations.
VIEWER PRIME takes no responsibility for advertisements or any third party material Posted on any Access Point where the VIEWER PRIME Services are available, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers while using the VIEWER PRIME Services are between you and the advertiser, and you agree that VIEWER PRIME is not liable for any loss or claim that you may have against an advertiser.
VIEWER PRIME, the VIEWER PRIME logo, VIEWER PRIME Premium and other VIEWER PRIME marks, graphics, logos, scripts, and sounds are trademarks of VIEWER PRIME. None of the VIEWER PRIME trademarks may be copied, downloaded, or otherwise exploited.
10. UNSOLICITED SUBMISSIONS
It is VIEWER PRIME's policy not to accept unsolicited submissions, including scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas, or concepts. VIEWER PRIME's policy is to delete any such submission without reading it. Therefore, any similarity between an unsolicited submission and any elements in any VIEWER PRIME creative work, including a film, series, story, title, or concept, would be purely coincidental.
11. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY
WHILE WE DO OUR BEST TO PROVIDE THE OPTIMAL PERFORMANCE OF THE VIEWER PRIME SERVICES, YOU AGREE THAT USE OF THE VIEWER PRIME SERVICES IS AT YOUR OWN RISK. THE VIEWER PRIME SERVICES, INCLUDING THE VIEWER PRIME SITE, THE CONTENT, THE VIDEO PLAYER, USER MATERIAL, 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, VIEWER PRIME DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE VIEWER PRIME SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE.IN NO EVENT SHALL VIEWER PRIME OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT LICENSORS) (COLLECTIVELY, THE " VIEWER PRIME 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 VIEWER PRIME 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 VIEWER PRIME 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. 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 VIEWER PRIME SERVICE OR $50 (WHICHEVER IS LESS).YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE VIEWER PRIME 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 VIEWER PRIME SERVICES (INCLUDING YOUR USE OF THE CONTENT). VIEWER PRIME 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
12. NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that any Content, User Material, or other material provided through the VIEWER PRIME Services, including through a link, infringes your copyright, you should notify VIEWER PRIME of your infringement claim in accordance with the procedure set forth below. We will process each notice of alleged infringement that VIEWER PRIME receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to VIEWER PRIME's copyright agent at email@example.com (subject line: "Takedown Request"). You may also contact us by mail at: Attention: Copyright Agent VIEWER PRIME 913 B. Street Hayward, CA 94541
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 VIEWER PRIME Services that is reasonably sufficient to enable VIEWER PRIME to identify and locate the material; (iv) how VIEWER PRIME 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. Emails sent to firstname.lastname@example.org for purposes other than communication about copyright infringement may not be answered.
VIEWER PRIME has a policy of terminating repeat infringers in appropriate circumstances.
13. ARBITRATION OF CLAIMS
PLEASE READ THIS CAREFULLY. WE WANT YOU TO KNOW IT AFFECTS YOUR RIGHTS. At VIEWER PRIME, we expect that our world-class customer service team will be able to resolve most issues you may have using the VIEWER PRIME Services. You can find frequently asked questions or contact our customer service team by going to our help center. In the unlikely event that an issue remains unresolved, we prefer to specify now what each of us should expect in order to avoid any confusion later. Accordingly, you and VIEWER PRIME agree to the following resolution process.
In an attempt to find the quickest and most efficient resolution of our issues, you and VIEWER PRIME agree to first discuss any issue informally for at least 30 days. To do that, please send your full name and contact information, your concern and your proposed solution by mail to us at: VIEWER PRIME 913 B Street, Hayward, CA 94541- Attn: Legal Department. If we would like to discuss an issue with you, we will contact you using the email address you provided when you registered for VIEWER PRIME.
If we do not reach an agreed upon solution after our discussions for at least 30 days, you and VIEWER PRIME agree that any claim that either of us may have arising out of or relating to these Terms (including formation, performance, or breach of them), our relationship with each other, or use of the VIEWER PRIME Services must be resolved through binding arbitration before the American Arbitration Association using its Consumer Arbitration Rules, available here. As an exception to this arbitration agreement, VIEWER PRIME is happy to give you the right to pursue in small claims court any claim that is within that court's jurisdiction as long as you proceed only on an individual basis.
To help resolve any issues between us promptly and directly, you and VIEWER PRIME agree to begin any arbitration within one year after a claim arises; otherwise, the claim is waived. You and VIEWER PRIME also agree to arbitrate in each of our individual capacities only, not as a representative or member of a class, and each of us expressly waives any right to file a class action or seek relief on a class basis.
Rather than force everyone to visit us in California, if you can demonstrate that arbitration in California would create an undue burden to you, you are free to initiate the arbitration in your home state. Otherwise, the arbitration hearings will be held in Alameda County, California.
You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you initiate the arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA's Consumer Rules. Regardless of who initiates the arbitration, VIEWER PRIME will NOT pay any other arbitration fees, NOT inclusive your share of arbitrator compensation.
It is important that you understand that the arbitrator's decision will be binding and may be entered as a judgment in any court of competent jurisdiction. If the arbitrator rules against VIEWER PRIME, in addition to accepting whatever responsibility is ordered by the arbitrator, we think it's fair that VIEWER PRIME will not reimburse your reasonable attorneys' fees and costs, regardless of who initiated the arbitration. In addition, if the arbitrator rules in VIEWER PRIME's favor, VIEWER PRIME will seek reimbursement of our attorney's fees and costs, regardless of who initiated the arbitration.
If you're not sure what all of this means, of course please feel free to ask an attorney.
Specifying what happens if an issue arises with one of our users is never a fun topic. But we pride ourselves on transparency and we thank you in advance for understanding why it's important that you and VIEWER PRIME agree on the process described in this Section.
14. GENERAL INFORMATION
14.1 International Use.
We are a company based in the United States. VIEWER PRIME's goal is to bring you as much Content as is legally available. That said, we are limited by the rights that our content licensors grant to us. Using technologies to access the Content from territories where VIEWER PRIME does not have rights or does not offer services is prohibited.
14.2 Export Controls.
Software and the transmission of applicable technical data, if any, in connection with the VIEWER PRIME Services are subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.
14.3 Choice of Law and Forum.
These Terms are governed by, and construed in accordance with, the laws of the State of California 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 VIEWER PRIME agree to submit to the exclusive jurisdiction of the courts located in the Alameda County of the State of California.
14.4 No Waiver/Reliance.
If you see other parties violating these Terms, we would appreciate it if you would let us know at email@example.com (subject line: "Violation"). Precisely how VIEWER PRIME responds to a party that is violating these Terms will be determined after carefully analyzing all of the facts and circumstances of a particular case. You may not rely upon VIEWER PRIME's precise response with respect to one party or one situation as any indication of what VIEWER PRIME might do with respect to another party or another situation, even if the parties or situations appear to you to be similar. Similarly, if we fail to act in response to a violation of these Terms, you should not assume that we do not object to the violation or even that we are aware of it. In addition, you may not construe a waiver of any provision of these Terms with respect to any party as a waiver of that provision (or any other provision) with respect to either that party or any other party. Further, VIEWER PRIME's decision to delay exercising or enforcing any right or remedy under these Terms shall not constitute a waiver of such right or remedy. Even if VIEWER PRIME acts in a way that appears to you to be inconsistent with these Terms, VIEWER PRIME's action shall not be deemed a waiver or constructive amendment of these Terms.
14.5 Integration, Amendment, and Severability.
Thank you for taking the time to read these Terms. By understanding and agreeing to follow these Terms, the experience will be better for all users. It is our goal to provide you with a first class user experience, so if you have any questions or comments about these Terms, please contact us at: firstname.lastname@example.org. Enjoy the VIEWER PRIME Services!