Terms - BlueCatTV

BLUECATTV Terms of Service Agreement Last Updated and Effective: April 16, 2024 Hello and welcome to Bluecattv! We are glad to have you join us on our journey to create a better way to watch television. PLEASE READ THIS AGREEMENT CAREFULLY BECAUSE IT GOVERNS THE RELATIONSHIP BETWEEN YOU AND BLUECATTV.COM (REFERRED TO IN THIS AGREEMENT AS “BLUECATTV,” BluecattvWE,” “US,” AND “OUR”) AND YOUR USE OF OUR SERVICES. THIS AGREEMENT INCLUDES AN EXPLANATION OF HOW DISPUTES BETWEEN YOU AND US ARE TO BE RESOLVED, INCLUDING THAT ANY DISPUTES MUST BE SUBMITTED TO BINDING AND FINAL ARBITRATION AND THAT YOU MAY ONLY BRING CLAIMS AGAINST US ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY CLASS ACTION (see Section 14, Dispute Resolution and Arbitration). THIS AGREEMENT ALSO INCLUDES DISCLAIMERS OF CERTAIN ASSURANCES ABOUT OUR SERVICES (see Section 15, Disclaimers; No Warranty), LIMITATIONS ON OUR POTENTIAL LIABILITY FOR THE AMOUNT AND TYPES OF DAMAGES (see Section 16, Limitation of Liability), AND A LIMITATION ON THE PERIOD OF TIME YOU HAVE TO START A LEGAL ACTION AGAINST US (see Section 14(p)), Dispute Resolution and Arbitration). By using our Services, you agree to be legally bound by this Agreement. We may amend this Agreement from time to time, and it may be necessary for you to agree to additional terms and conditions to continue use of our Services. Your use of our Services after it is amended means you agree to the amendments. Amendments will be effective immediately or, if required by law, 30 days after notice to you, which may be given by posting the amendments on our Services, by text message or by electronic or conventional mail. If you do not agree to any amendment, you may not use our Services, and you may receive a pro-rated refund for any of your pre-paid fees for our Services you do not use by contacting us through [email protected] within 30 days of the effective date of the amendment. 1. General This Agreement covers these Services: (a) the bluecattv.com website and all corresponding domains, subdomains, and web pages associated with it (collectively, the “Website”), and (b) our video streaming service that provides live and time-shifted television programming (the “Video Content”) delivered over the Internet and the applications on consumer devices to which the Video Content is delivered, including desktop computers, mobile phones, tablets, and connected television devices. The Services also include our proprietary, IP-based content delivery platform that provides a suite of related features and functionality, including digital video recording (DVR) capabilities, program guides, video-on-demand features, social networking functionality, notification services, and other content and resources.  2. Registration You must be at least 181 to register for an account with us (“Account”). Bluecattv will use the information you provide when creating your Account and using our Services in accordance with Bluecatv’s Privacy Policy (https://www.bluecattv.com/privacy). Other members of your household living at the same address that are at least 16 years old may create profiles connected to your Account. If you believe that your Account information has been compromised or that your Account has been accessed by a third party, you should immediately notify us through bluecattv.com/contact. You are solely responsible for all uses of your Account, regardless of whether you authorized such use, and for ensuring that all use of your Account complies fully with this Agreement. You agree that you will maintain and promptly update your information so that it remains current, complete, truthful, and accurate. You are solely responsible for your own losses and losses incurred by Bluecattv and others due to any unauthorized use of your Account. In our discretion, we reserve the right to deny the creation of any Account, and the right to deny use of our Services for any reason. Cancellation of your Account for violation of this Agreement may result in the loss of data or purchases associated with your Account. If you use your mobile phone number in connection with our Services, you agree that we may contact you via phone or text message for administrative purposes, including telling you about changes to features or terms of our Services and providing you with updates about your subscription. Your mobile or wireless device carrier’s message and data rates may apply to any messages sent to you from us and to us from you, even for Services for which Bluecattv does not charge a fee. You are solely responsible for any carrier fees or charges incurred in connection with our Services. Your consent to providing your mobile number and receiving text messages is not a condition of purchase. If you provide a mobile phone number and opt into Bluecattv’s text-messaging program, certain additional terms apply to that program (see Bluecattv Text Message Program Terms). 1. You must be at least 19 in Alabama and Nebraska, and 21 in Mississippi. 3. Subscriptions, Auto-Renewal and Cancellation Please review each product description, the cost, applicable taxes, fees, and surcharges, and subscription term carefully before ordering or paying. We may offer multiple subscription types/tiers, some of which may be offered only to certain current or potential subscribers in our sole discretion. At the beginning of each new subscription term, the cost of each subscription plus applicable taxes, fees, and surcharges will automatically be charged to your Account without further notice. The price of your subscription may change, and we will notify you of any changes. You may contact us through bluecattv.com/contact to request that we email you a receipt of each month’s charges. After completing your subscription order, you will receive a confirmation of the transaction and auto-renewal. You consent to receiving the confirmation via email to the email address, or if you have not provided an email address, the mobile number, connected to your Account. As with all transactions, you may print and retain a copy of your confirmation for your reference. You may request instead to receive a hard copy via regular mail. By creating your Account, you are agreeing to pay for all transactions made through your Account, including recurring charges for subscriptions that are not cancelled prior to their automatically renewing, and authorizing us to charge your payment method for these transactions. Unless we are required by law or you do not agree to this Agreement, we will not provide a refund or credit for any reason, including without limitation, for any period remaining in your subscription after you cancel your subscription. The price applicable to your transaction will be the price that was in effect at the time of the transaction. Special products, prices and promotions are no longer valid once they expire or are changed. Prices listed do not include sales tax. Applicable sales tax will be calculated and added at the time you complete a transaction. Subscriptions are for the term described at the time you subscribe and renew automatically unless you cancel by contacting us through bluecattv.com/contact to request a cancellation or by signing in to your Account page, and following the cancellation instructions. For certain third-party billers, e.g., Amazon, Roku, or Apple, you will be directed to their application or website to manage your subscription and cancellation. Cancellation will take effect at the end of the then current subscription term. You can view your subscription renewal dates in your Account settings. For certain third-party billers, the cancellation will not be reflected in your Account until you reach the end of your billing cycle. Further information about managing your subscriptions is available at bluecattvlhelp.com. 4. Equipment Your use of our Services requires compatible devices, a high-speed internet connection and certain software that may require periodic updates, and our Services may be affected by the performance of these devices, connection, and software. You are responsible for obtaining, maintaining, and paying for all devices, connectivity, and software needed to use our Services. 5. Free Trials When you sign up for an Account, our Services may begin with a free trial period. During the trial period, you will be asked to provide additional information, which may include your name, email address and/or mobile phone number, billing zip code, and payment method information. At the end of the trial period and each subsequent billing period, if you have not cancelled your subscription, you will be charged for the Service. To avoid any charges, you must cancel your subscription prior to expiration of the free trial period. There is a limit of one free trial per household. See complete Bluecattv Free Trial Offer Terms and Conditions here. 6. Promotional Offers & Discounts From time to time, we may make promotional offers. These offers may be available only to select subscribers or subscriptions, may be limited in time and/or geographic area, may require you to make a minimum purchase or to purchase a particular subscription, or may exclude particular products. For example, we may offer a discount coupon in a stated amount (e.g., a discount off your first month’s subscription), or we may provide a promotional code (which must be redeemed as part of the offer), or a discount for a limited time (e.g., a lower rate for the first 2 months of your subscription). We may provide promotional offers to you directly or through third parties; if from a third party, you will be subject to any additional terms and conditions prescribed by the third party, including their right to modify or cancel that offer. Typically, promotional offers cannot be combined; however, certain offers may be redeemed in addition to any free trial period. Although additional or alternative terms and conditions may apply to a particular promotional offer (and will be stated in conjunction with that offer as applicable), please see these Promotions Offers Terms and Conditions which apply to all of our promotional offers. 7. Children and Parental Controls Some Video Content may be objectionable or age-inappropriate for some viewers. The Services are not intended to be used by children under 16 without approval of a parent or guardian. As the parent or legal guardian, you are responsible for the use of your Account and our Services by your children. 8. Video Content and Video Streams Video Content on our Services may be viewed only through your Account and cannot be transferred outside of your Account. Each Account can view up to a maximum of three video streams concurrently. Certain variables are out of our control, including, among others, availability of Video Content from our third party providers, the speed of your broadband or network connection, compatibility between the Video Content’s format and the device you use to access it, and any restrictions that may be imposed on the Video Content by our third party providers, and these variables may cause delays, technical difficulties, or an inability to view the Video Content. Digital versions of some Video Content may be different from the original formatted content or previously released versions of the same titled content. Video Content may be available as a live or near-live stream (“Live Stream Content”) or as a licensed stream supported by advertising or promotional materials that may be for a limited duration (“Ad Supported Content”). Video Content is subject to digital rights management rules and may be subject to other restrictions and limitations depending on the type of Video Content or the device you use to access Video Content. Some of these restrictions are described below. Live Stream Content comprises live or near-live transmissions of live events and may be viewed at the time of, and simultaneously with, the occurrence of the events themselves and may also be available for an extended period past the occurrence of the event. When you access Live Stream Content, you may be unable to view any part of it that occurred prior to the start of your viewing. We have no control over the start, duration or end of the event or its content (including, among other things, its quality or suitability). Ad Supported Content is Video Content that contains advertising, marketing, or other promotional materials (together, the “Promotional Materials”). Ad Supported Content may include Promotional Materials that may delay or interrupt its playback. You may not be able to skip or fast forward through Promotional Materials. We do not endorse any third-party Promotional Materials in any manner and give no warranty or other assurance in relation to any products or services featured in Promotional Materials. 9. Your Use of our Services The Services are licensed to you solely for your private, non-exclusive, non-transferable, non-commercial, limited, and revocable use solely in the United States of America and its territories and commonwealths. All rights in our Services, including all software, data, and content, in or used in connection with our Services, belong to us or third parties and all rights and goodwill associated with our Services remain with us or those third parties. Any unauthorized use, reproduction or distribution of any copyrighted materials, trade dress, marks, or any other intellectual property belonging to us, or any third party, is strictly prohibited. This is not an agreement for sale or assignment of any rights in our Services. The purchase of a license to stream or temporarily download any Video Content does not create an ownership interest in the Video Content. All rights, interests, and remedies in connection with our Services are reserved except as otherwise expressly stated in this Agreement. 10. Restrictions on Use You agree that, in connection with our Services, you will not: modify, adapt, arrange, translate, reverse engineer, decompile, disassemble, reproduce, publish, transmit, publicly display, publicly perform, participate in the transfer or sale of, create derivative works from, or in any way exploit, any portion of our Services; damage, interfere with, or disrupt our Services; engage in any conduct that, in Bluecattv’s discretion, restricts or inhibits anyone’s use or enjoyment of our Services, or may harm Bluecattv or users of our Services or expose us or them to liability; use any automatic means to access our Services; or circumvent any security, encryption, authentication, digital rights management, or technical features intended to prevent unauthorized use of our Services. 11. Maintenance and Changes to our Services From time to time, it may be necessary for us to provide automatic updates or upgrades to our Services, with or without notice, that may, cause a loss of data or content, or cause a loss of functionalities or utilities. You authorize us to provide these updates and upgrades, and you agree that we are not liable for any damages, loss of data, or loss of functionalities arising from those updates, upgrades, or maintenance services. We reserve the right at any time to change or discontinue any of our Services or any element or feature of our Services without notice or liability to you. 12. Termination / Suspension We reserve the right to suspend your Account for failure to make timely payments. In addition, we reserve the right to delete data for an Account that we determine is dormant. If we determine that you have violated this Agreement, we may take actions to protect our interests, including suspending your Account, automatically removing or blocking our Services, implementing upgrades or devices intended to discontinue unauthorized use, permanently or temporarily disabling any system or device through which you receive our Services, or relying on any other remedial efforts as necessary to remedy the violation. You agree that Bluecattv will have no liability to you if your access to our Services is terminated. 13. Links Through our Services, you may be able to access links to other websites that are not controlled by us. These links are provided solely as a convenience to you; we are not responsible for, and our linking to any other website should not be construed as an endorsement of, any of those websites or their content. If you decide to access linked third-party websites, you do it at your own risk. 14. Dispute Resolution and Arbitration: Binding Arbitration; Class Action Waiver; Time Limit for Claims * PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND HOW CLAIMS THAT YOU AND BLUECATTV HAVE AGAINST EACH OTHER ARE RESOLVED. * We believe that arbitration is a faster, more convenient, and less expensive way to resolve any disputes or disagreements we may have with each other. Therefore, YOU AND BLUECATTV AGREE THAT ANY AND ALL DISPUTES OR CLAIMS, WHETHER BASED ON PAST, PRESENT, OR FUTURE EVENTS, ARISING OUT OF OR RELATING IN ANY WAY TO (I) THE BLUECATTV PRODUCTS OR SERVICES OR ANY ADVERTISING OR MARKETING FOR THOSE PRODUCTS OR SERVICES, (II) ANY PURCHASES, INTERACTIONS OR OTHER TRANSACTIONS OR RELATIONSHIPS WITH BLUECATTV, (III) ANY DATA OR INFORMATION YOU MAY PROVIDE TO BLUECATTV OR THAT BLUECATTV MAY GATHER IN CONNECTION WITH SUCH USES, INTERACTIONS, TRANSACTIONS OR RELATIONSHIPS, AND (IV) ANY ISSUES RELATED TO THIS AGREEMENT, INCLUDING AMONG OTHERS, QUESTIONS REGARDING ITS BREACH, VALIDITY, AND INTERPRETATION (ALL, “POTENTIAL DISPUTES”), WILL BE RESOLVED BY BINDING ARBITRATION BEFORE A SOLE ARBITRATOR (RATHER THAN IN COURT BEFORE A JURY). THIS ALSO INCLUDES ANY DISPUTES OR CLAIMS THAT AROSE BEFORE YOU ACCEPTED THIS AGREEMENT, REGARDLESS OF WHETHER PRIOR VERSIONS OF THIS AGREEMENT REQUIRED ARBITRATION. * Arbitration uses a neutral arbitrator instead of a judge and jury. An arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms and conditions in this Agreement as a court would. The arbitrator, and not any federal, state, or local court or agency, will have the exclusive authority to resolve any Potential Disputes. * Notwithstanding the provisions this Section 14, at your option, you may bring any claim you have against us in your local small claims court within the U.S., if your claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding. * You may download or copy a form to initiate arbitration at https://www.jamsadr.com/. If you are required to pay a filing fee, after Bluecattv receives notice at the Notice Address (see Subsection 14(l), below) that you have commenced arbitration, we will reimburse you for your payment of the filing fee. If the arbitrator finds that your claim is frivolous, you must reimburse Bluecattv for the filing fee. * YOU ARE GIVING UP THE RIGHT TO LITIGATE POTENTIAL DISPUTES IN COURT BEFORE A JUDGE OR JURY. The arbitration will be governed by the JAMS’ then current Comprehensive Arbitration Rules and in accordance with the Expedited Procedures in those Rules, all as modified by the terms and conditions of this Agreement, and will be administered by JAMS. The JAMS rules and forms are available online at https://www.jamsadr.com/. In the event of any conflict between this Agreement and the JAMS Comprehensive Arbitration Rules, this Agreement will apply. If JAMS is unavailable or unwilling to administer an arbitration consistent with this Section 14, Bluecattv and you will select an alternative arbitration provider that will administer the arbitration consistent with this Section 14 as written. If Bluecattv and you cannot agree on an alternative arbitration provider, Bluecattv and you will mutually petition a court of appropriate jurisdiction to appoint an arbitration provider that will administer an arbitration consistent with this Section 14. * Bluecattv will pay for all administrative and arbitration fees, including the arbitrator’s compensation, and will reimburse you for any administrative and arbitration fees that you incur. If the arbitrator finds that your claim is frivolous, you must reimburse Bluecattv for all administrative and arbitration fees, including the arbitrator’s compensation. Bluecattv and you will each bear the expense of its own counsel, experts, witnesses, and preparation and presentation of evidence at any arbitration hearing, except as may otherwise be required by applicable law. * YOU AND WE AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, REPRESENTATIVE, CONSOLIDATED OR MASS ACTION. THIS ALSO INCLUDES ANY POTENTIAL DISPUTES THAT AROSE BEFORE YOU ACCEPTED THIS AGREEMENT, REGARDLESS OF WHETHER PRIOR VERSIONS OF THIS AGREEMENT REQUIRED THAT THE PROCEEDINGS BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither you nor Bluecattv may join or consolidate claims by or against a third party or arbitrate or otherwise participate in any claim as a class representative, class member or in a private attorney general capacity. The arbitration can resolve only your and/or Bluecattv’s individual claims, and the arbitrator will have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated. If this Subsection 14(h) is held to be unenforceable, then the terms of this Section 14 related to arbitration will be null and void, and neither you nor Bluecattv will be entitled to arbitrate the dispute; it must instead be brought in the state or federal courts in New York, located in New York City. * Any arbitration will be confidential. Neither you, we, JAMS, nor the arbitrator may disclose the existence, content (including any oral or written submissions), or results of any arbitration, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an Award (see Subsection 14(p), below) or its enforcement, or unless otherwise required by law or judicial decision. * IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION OR SMALL CLAIMS COURT, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT ANY SUCH PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, REPRESENTATIVE, CONSOLIDATED OR MASS ACTION. Under such circumstances, except for an action within the exclusive jurisdiction of the federal courts, you and Bluecattv agree that the courts of the State of New York located in New York City have exclusive jurisdiction to hear and determine any such claim, consent to the personal jurisdiction of any state court in New York City, News York and acknowledge that venue is proper in the State of New York. If any part of this Subsection 14(j) is found to be unenforceable, the remainder of Section 14 and this Subsection 14(j) will still be given full force and effect. * Regardless of anything in this Section 14, you agree that the Federal Arbitration Act, applicable federal law, and laws of the State of New York, without regard to its conflict or choice of laws rules, will govern these Terms, as well as any dispute of any sort that might arise between you and Bluecattv, whether in Arbitration or in a court of law, if legal proceedings in a court of law are permitted by these Terms. In any arbitration arising out of or related to this Agreement, the arbitrator will (1) apply internal laws of the State of New York consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, apply the law of the U.S., irrespective of any conflict of law principles; (2) entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with New York or federal rules of procedure, as applicable; (3) honor claims of privilege recognized at law; and (4) have authority to award any form of legal or equitable relief, provided that, the arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, or any incidental, indirect or consequential damages, including without limitation, damages for lost profits, and the parties waive any right to recover any such damages. * If you have a dispute and elect to seek arbitration or file a claim in small claims court, you must first send to Bluecattv, by certified mail, a written notice of your claim that (1) describes the nature and basis of the claim or dispute, (2) sets forth the specific relief sought, and (3) includes a physical address and email address where you may be reached (“Notice”). The Notice must be addressed to: Bluecattv, Inc., 225 Green Street, San Francisco, CA 94111, Attn: Chief Legal Officer (“Notice Address”). Within sixty (60) days beginning from the date the dispute notice is received by Bluecattv, you and we will attempt to resolve any Potential Disputes through informal negotiation that requires an in person, telephonic, or video conference dispute resolution conference that addresses only the Potential Dispute. You may be represented by a lawyer, who may participate in the conference, and you will also need to personally participate. Bluecattv will participate through our representatives, which may include our lawyer. All applicable statutes of limitation and defenses based upon the passage of time will be tolled while the procedures specified in this Subsection 14(l) are pending and for 15 calendar days thereafter. * If Bluecattv and you do not reach an agreement to resolve the claim before the sixty (60) day informal negotiation period expires and the completion of the dispute resolution conference is completed, but not before, you or we may initiate an arbitration proceeding regarding the Potential Disputes. * If an in-person hearing is held for the arbitration, you may choose to have it held either: (I) in the county of your residence in the U.S. or (ii) in San Francisco, California. * To increase the efficiency of administration and resolution of arbitrations, if 100 or more similar arbitration demands presented by or with the assistance or coordination of the same law firm or organization are submitted to JAMS or another arbitration provider (if JAMS is unavailable) against Bluecattv, the arbitration provider will (1) administer the arbitration demands in batches of 100 demands per batch (to the extent there are fewer than 100 arbitration demands left over after the batching described above, a final batch will consist of the remaining demands); (2) designate a single, different arbitrator for each batch (unless the parties agree otherwise); and (3) provide for a single filing set of fees (for example, if JAMS is the arbitration provider, one filing fee, case management fee, and arbitrator compensation fee) due per side per batch. You agree to cooperate in good faith with Bluecattv and the arbitration provider to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including the payment of single filing and administrative fees for batches of claims. This “Batch Arbitrations” provision will in no way be interpreted as authorizing class arbitration of any kind. Bluecattv expressly reserves its right to raise unique defenses as to each claimant in connection with this process. * The arbitrator will issue a written award supported by a statement of decision setting forth the arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction. * YOU AGREE THAT REGARDLESS OF ANY LAW TO THE CONTRARY, YOU CANNOT FILE A CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO ANY POTENTIAL DISPUTES MORE THAN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE UNLESS ANY LAW PROHIBITS SELECTION OF A SHORTER LIMITATIONS PERIOD. * Regardless of the arbitration provisions in this Section 14, either Bluecattv or you may bring claims on an individual basis only for injunctive or other equitable relief in the state or federal courts in New York City, New York to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. On an individual basis means that neither you nor we can bring such claims as a class, collective, coordinated, consolidated, mass and/or representative action. * Bluecattv may modify this Section 14 at any time, but such modifications (1) will not apply retroactively to Potential Disputes of which Bluecattv had actual notice on or before the date of the modifications, and (2) will only become effective thirty (30) days after Bluecattv has given notice of the modifications. Your use of our Services after the effective date of such modifications means you accepted the modifications. Any termination of the arbitration program will not be effective until 10 days after reasonable notice of termination of the arbitration program is given to you or as to Potential Disputes that arose prior to the date of termination. * This Section 14 is intended to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Bluecattv agree that this Section satisfies the “writing” requirement of the Federal Arbitration Act. 15. Disclaimers; No Warranty YOU AGREE THAT YOUR USE AND INSTALLATION OF OUR SERVICES IS AT YOUR OWN RISK, AND OUR SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Bluecattv AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, AND LICENSORS (COLLECTIVELY, “COVERED PARTIES”) EXPRESSLY DISCLAIM ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE COVERED PARTIES ALSO DISCLAIM ANY WARRANTY THAT (A) OUR SERVICES WILL MEET YOUR REQUIREMENTS, (B) OUR SERVICES’ OPERATIONS WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE OR ERROR-FREE, AND (C) ANY INFORMATION OBTAINED FROM THE USE OF OUR SERVICES WILL BE COMPLETE, ACCURATE OR RELIABLE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THESE EXCLUSIONS MAY NOT APPLY TO YOU. 16. Limitation Of Liability YOU AGREE THAT IN NO EVENT WILL THE COVERED PARTIES OR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING OUR SERVICES BE LIABLE FOR ANY DAMAGES, CLAIMS, OR INJURY WHATSOEVER, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS OR LOSS OF GOODWILL, USE, OR DATA (EVEN IF THEY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), OR PERSONAL OR BODILY INJURY, ARISING OUT OF (A) YOUR USE OF OR INABILITY TO USE OUR SERVICES; (B) ACCESS TO OR ALTERATION OF YOUR PERSONAL INFORMATION OR OTHER INFORMATION IN AN UNAUTHORIZED MATTER; (C) REPRESENTATIONS OR CONDUCT OF ANY THIRD PARTY RELATED TO OUR SERVICES; OR (D) ANY OTHER MATTER RELATING TO OUR SERVICES. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION, OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF OUR SERVICES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING, WITHOUT LIMITATION, STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. THIS DOES NOT AFFECT ANY STATUTORY RIGHTS THAT MAY NOT BE DISCLAIMED. YOU SPECIFICALLY ACKNOWLEDGE THAT THE COVERED PARTIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF OUR SERVICES OR THIRD PARTIES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COVERED PARTIES’ AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, OUR OWN NEGLIGENCE), OR UNDER ANY OTHER LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, STRICT LIABILITY), WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Bluecattv FOR OUR SERVICES. THIS DOES NOT AFFECT ANY STATUTORY RIGHTS THAT MAY NOT BE DISCLAIMED. 17. Indemnification You agree to defend, indemnify, and hold harmless the Covered Parties, and their respective directors, officers, agents, contractors, partners, and employees, from and against any and all claims, actions, demands, damages, costs, liabilities, losses, and expenses (including reasonable attorneys’ fees and costs) arising out of, relating to, or in connection with (a) your use of our Services, (b) any content or materials that you submit or upload to or through our Services, (c) your unauthorized use of our Services or content or material obtained through our Services, (d) any violation of any law or regulation by you, and (e) your breach of this Agreement. Some jurisdictions restrict the use of indemnification clauses, so some of this section may not apply to you. 18. Third Party Content. The Services are owned and operated by Bluecattv but include elements licensed from or provided by third parties. Bluecattv is not a publisher of content supplied by third parties and users of our Services. Accordingly, Bluecattv has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not of Bluecattv. In many instances, the content available through our Services represents the opinions and judgments of the respective information provider or user. Bluecattv neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on our Services by anyone other than authorized Bluecattv employee spokespersons while acting in their official capacities. 19. Trademarks Bluecattv™ and all other Bluecattv slogans, logos, layouts and presentations, and product and service names used on our Services are trademarks owned by us and protected by law. You agree not to display or use our trademarks, in any manner, without our prior written permission. Names, slogans, logos, and product and service names of third parties are the property of their respective owners. You are expressly forbidden to misuse, reproduce, or remove any of our or the third parties’ trademarks. 20. Copyright All literary, artistic, and other elements of our Services, including, among other things, text, audio, video, recordings, graphics, charts, photographs, icons, computer code, software, interfaces, information, and the design, selection, and arrangement of content on our Services are the property of Bluecattv or third parties. We also use proprietary algorithms to run certain software tools made available on our Services. These algorithms and all related software and technology are the sole and exclusive property of Bluecattv and/or third parties and may not be used in any way by you except in connection with our Services as expressly authorized by this Agreement. 21. Content Submitted or Posted You will not email, post, upload, input, provide, send, or submit any communications or content of any type protected by copyright, trademark, or other proprietary rights without the express permission of the owner of the applicable rights, and the burden of determining whether any material is protected by such rights rests with you. You are solely liable for any damage resulting from any infringement of copyright, trademark, or other proprietary rights, or any other harm resulting from your misuse of a third party’s proprietary rights. We may limit, remove, or delete any content or other information stored, submitted, or used in connection with our Services that we, in our sole discretion, deem to be in violation of this Agreement or any applicable federal, state, or local law, regulation, or ordinance, provided that our failure to do so does not relieve you of your liability in connection with your actions. Subject to our policies regarding privacy, any e-mails, notes, comments, postings, animation, images, videos, ideas, suggestions, concepts, or other material submitted by you (“Submissions”) will be treated as non-confidential and non-proprietary. If you provide any Submissions to us, we will be entitled to use the Submissions without restriction. You irrevocably assign to us all right, title, and interest in and to the Submissions and agree to provide us any assistance we require to document, perfect, and maintain our rights in the Submissions. 22. Copyright Claims and Copyright Agent If you believe that your work has been used in our Services in a way that constitutes copyright infringement, please provide Bluecattv’s Copyright Agent the following information in writing, as required by the Digital Millennium Copyright Act, 17 U.S.C. 512 (“DMCA”): * a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; * 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; * identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; * information reasonably sufficient to permit us to contact you; * a statement that you have 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 * a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 23. Our agent for notice of claims of copyright infringement on our Services can be reached at: Copyright Agent 225 Green Street San Francisco, CA 94111 Phone: 1 (415) 936-1515 Email: [email protected] Bluecattv has adopted and implemented a policy that provides for the termination in appropriate circumstances of account holders who repeatedly infringe the rights of copyright holders. 1. Additional Terms for our Services on Apple Devices When our Services are used on Apple devices, certain additional terms apply to your use of our Services, and you agree to the Additional Terms for our Services on Apple Devices. 2. Export Control. Software and other technical data may be subject to United States export control laws, regulations, orders, or other restrictions that prohibit its export to certain territories. You agree that you will be solely responsible for your compliance with all such laws, regulations, orders, or other restrictions. 3. Miscellaneous You agree that this Agreement describes the entire understanding between you and us with respect to our Services and supersedes all previous written or oral agreements between you and us with respect to our Services. If any provision of this Agreement is found to be invalid or unenforceable, you and we agree that the Agreement’s other provisions will remain in full force and effect. Bluecattv’s failure to insist upon or enforce strict performance of any provision of this Agreement will not constitute a waiver of that provision. The provisions of this Agreement that by their nature should survive the termination of this Agreement will survive such termination. Section headings are for convenience only. We have the right to assign or transfer our rights and obligations under this Agreement; you have no right to assign or transfer your rights or obligations under this Agreement and your attempt to do will be null and void. This Agreement is for our benefit and for our third-party affiliates each of which has the right to assert and enforce this Agreement on its own behalf. Contact information: Bluecattv, Inc., 225 Green Street, San Francisco, CA 94111; [email protected]; 855-CSBluecattv (855-274-4556) Additional Terms for the Services on Apple Devices Effective Date: April 14, 2024 These Additional Terms for the Services on Apple Devices (“Apple Terms”) are between Bluecattv Inc. (“Bluecattv”, “we”, “us”, “our”) and you and apply to your use of the Bluecattv application you obtained from the Apple App Store (“Bluecattv App”) in addition to Bluecattv’s Terms of Service and Privacy Policy. The Bluecattv App is a Service, as that term is defined in Bluecattv’s Terms of Service. 1. Acknowledgement: Bluecattv, not Apple, is solely responsible for the Bluecattv App and the content thereof. 2. Scope of License: The license granted to you for the Bluecattv App is a non-transferable license to use the Bluecattv App on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that the Bluecattv App may be accessed, acquired, and used by other accounts associated with the purchaser via Family Sharing or volume purchasing. 3. Maintenance and Support: Bluecattv and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Bluecattv App. 4. Warranty: Apple is not responsible for any product warranties for the Bluecattv App, whether express or implied by law. In the event of any failure of the Bluecattv App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Bluecattv App to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Bluecattv App. 5. Product Claims: Apple is not responsible for addressing any claims of you or any third party relating to the Bluecattv App or your possession and/or use of the Bluecattv App, including, but not limited to: (i) product liability claims; (ii) any claim that the Bluecattv App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. 6. Intellectual Property Rights: In the event of any third party claim that the Bluecattv App or your possession and use of the Bluecattv App infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. 7. Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. 8. Third Party Beneficiary: Bluecattv and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the Terms of Service and the Apple Terms, and that, upon your acceptance of the Terms of Service and the Apple Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Service and the Apple Terms against you as a third party beneficiary thereof. Bluecattv Free Trial Offer Terms and Conditions From time to time we may offer a free trial of a Bluecattv® subscription package for a stated period of time (“Trial Period”), redeemable at www.Bluecattv.com (“Trial Offer” or “Offer”). Bluecattv reserves the absolute right to withdraw, cancel, early terminate, or modify any and all Trial Offer(s), or any element thereof, at any time and for any reason. After termination, Bluecattv shall not be obligated to redeem such Trial Offer(s). A Trial Offer is offered to new Bluecattv subscribers only in the 50 United States (and its territories) (“U.S.”) who are U.S. residents 18 or older. You may only use this Trial Offer once per household. If you have subscribed to Bluecattv or have taken a free Trial Offer previously, you are not eligible. Current paying Bluecattv subscribers are not eligible. Free Trial Offers may differ. Generally, you will be asked to provide your mobile number or email address and payment information in order to activate a Bluecattv account and start the initial free Trial. If payment information was not provided at sign-up, after you have enjoyed Bluecattv for free for a time, you will be asked to provide payment information either at the end of the free Trial Period (when you will be charged), or in order to continue the remaining days of the free Trial Period (you will not be charged at that time). Bluecattv and/or Bluecattv affiliates may advertise an Offer via URL in various media to certain customers, or may send a URL link directly to customers; customers may start their free Trial by going to the stated URL, or by clicking the link, entering their mobile number or email address, and at that time will be asked to provide payment information immediately (again, you will not be charged until the end of the free Trial Period). IMPORTANT NOTICE: At the conclusion of the applicable Trial Period, the free Trial Offer immediately expires and your account automatically converts to a paid subscription for the Bluecattv services (plus taxes). Your subscription will renew automatically on a recurring basis for the subscription term described at the time you signed-up for the Trial Offer (e.g., monthly). If you do not cancel during the free Trial Period, you will be charged. To cancel your subscription, visit your Account page and select cancel subscription at the bottom of the page. If you are using a third-party billing platform, you must cancel through the third party. Subscriptions automatically renew each billing period until cancelled. Cancellation takes effect on the next billing date. There are no refunds or credits for subscriptions when you cancel automatic renewal part way through a subscription period. A free Trial Offer is not transferrable or assignable. Offer may not be combined with other promotions, discounts or offers unless expressly permitted and stated by Bluecattv in conjunction therewith. If for any reason an Offer, or any element thereof, is compromised or not capable of running as planned, due to virus, bugs, tampering, unauthorized intervention, fraud, cheating, technical failures, any force majeure event, artifice or any other causes similar or dissimilar, Bluecattv reserves the right to cancel, terminate, or modify the Offer or any element thereof at any time. Void where taxed, restricted or otherwise prohibited, and to employees of Bluecattv. Bluecattv’s decisions are final and binding. By submitting your mobile phone number, payment details, and/or by your use of Bluecattv subscription products and services, you agree to be bound to these Offer Terms, and Bluecattv’s Terms of Use and Privacy Policy and understand and agree that additional limitations may apply. Promotional Offers Terms and Conditions These Promotional Offers Terms and Conditions apply only to the general Bluecattv video streaming service that provides live and time-shifted television programming, and do not apply to the Bluecattv Edu service that provides video streaming over private networks to college campuses. Bluecattv reserves the absolute right to withdraw, cancel, early terminate, or modify any Offer, or any element thereof, at any time and for any reason. After such time of termination, Bluecattv shall not be obligated to redeem that Offer. Eligibility: Each Offer is available in the 50 United States (and its territories) (“U.S.”), and open only to U.S. residents 18 or older. Offer Conditions and Limitations: unless expressly stated to the contrary by Bluecattv (or its affiliate or third party if applicable) in conjunction therewith, the following apply to each Offer: Limited time only, and only while supplies last. Limited to one-time use per customer/account/household. Instructions for submission of information and Offer redemption must be strictly adhered to. Limited to the dollar amount or discount specified. Applicable only to the customer, subscription, and/or qualifying item, good or service specified. Cannot be transferred, assigned, redirected, or resold. Cannot be combined with other promotions, discounts or offers. Cannot be applied to previous purchases, or towards any gift card/certificate (if applicable, and provided a gift card is not the stated benefit of the Offer). Excludes taxes and any other fees. If a minimum purchase is specified, taxes and any other fees are excluded from that amount. General Offer Terms: If for any reason an Offer, or any element thereof, is compromised or not capable of running as planned, due to virus, bugs, tampering, unauthorized intervention, fraud, cheating, technical failures, any force majeure event, artifice or any other causes similar or dissimilar, Bluecattv (or its affiliate or third party if applicable) reserves the right to cancel, terminate, or modify such Offer or any element thereof at any time. A waiver of any provision herein by Sponsor does not constitute a future waiver of that, or any other provision. Any invalid, illegal or unenforceable provision shall be deemed severed (to the extent of its invalidity) and these Terms shall be construed and enforced without it. If you violate any Offer Terms, such Offer will be invalid. Void where taxed, restricted or otherwise prohibited, and to employees of Bluecattv. Bluecattv’s decisions are final and binding. By redeeming any Offer and/or by your use of Bluecattv subscription products and services, you agree to be bound to both these general Offer Terms and any specific Offer Terms, and Bluecattv’s Terms of Use and Privacy Policy and understand and agree that additional limitations may apply. Bluecattv Text Message Program Terms * When you opt into Bluecattv’s text message program, we will send you text messages to confirm your signup, set up or provide information about your Account, text you a verification code, and send text messages about your subscription. * You can stop receiving texts from Bluecattv at any time. Just text “STOP” to the short code or to any number from which you’ve received a text from us. After you send the message “STOP” to us, we will send you a reply message to confirm that you have been unsubscribed. After this, you will no longer receive messages from us, but if you still have an active Account and have not provided Bluecattv with your email address, you won’t be able to receive the verification codes needed to log into your Account and Bluecattv will be unable to send you important information about your Account, such as renewal notices. We encourage you to also provide us with an email address if you sign up with a mobile number. If you want to rejoin the text-messaging program, just sign up as you did the first time, and we will start sending messages to you again. * We may send you texts from both short code and ten-digit telephone numbers, and may transition to new numbers. Messages may be sent in SMS, MMS, or RCS format. * If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at [email protected]. * As always, your mobile or wireless device carrier’s message and data rates may apply to any messages sent to you from us and to us from you, even for Services for which Bluecattv does not charge a fee. You are solely responsible for any carrier fees or charges incurred in connection with the Services. Message frequency may vary. Contact your carrier for text messaging rates if you have any questions about your text plan or data plan. * Carriers are not liable for delayed or undelivered messages. If you have any questions regarding your privacy and the text messaging program, see Bluecattv’s Privacy Policy.