Dream Chaser On Demand Terms of Use
Welcome to the terms of use for Dream Chaser On Demand. These terms are between you and Dream Chaser On Demand (Dream Chaser Media, LLC).
By using the Dream Chaser On Demand website and service, you consent to the terms described in this Agreement. Dream Chaser On Demand may change and/or update from time to time our Terms of Service, with or without prior notice (unless required by applicable law).
1. THE SERVICE
Dream Chaser On Demand (the “Service”) offers online videos, films and other video content (collectively, “Digital Content”) and other services as provided in this Agreement. If you are under the age of eighteen, you must ask your parent or guardian for permission to use the Service. There are several ways to access the Service and Digital Content, including through the Dream Chaser On Demand website, a personal computer, streaming media player, portable media player, cellular telephone or tablet, or other device. Dream Chaser On Demand (the “Service”) is not responsible for any Internet, broadband, WI/FI, cellular or any other charges incurred by you in using the Service. Dream Chaser On Demand (the “Service”) is not responsible for any streaming, performance, speed, throughput or any other connection problems incurred by you when using the Service over the Internet, broadband, WI/FI, cellular connection methods.
2. COMPATIBLE DEVICES
In order to stream or download Digital Content, you will need to use a personal computer, streaming media player, portable media player, cellular telephone or tablet, or other device that meets the system and compatibility requirements that we establish from time to time (a “Compatible Device”). Some Compatible Devices may be used only to stream Digital Content, some may be used only to download Digital Content, and some may be used to stream and download Digital Content. We may change the requirements for Compatible Devices from time to time and, in some cases, whether a device is (or remains) a Compatible Device may depend on software or systems provided or maintained by the device manufacturer or other third parties. Accordingly, devices that are Compatible Devices at one time may cease to be Compatible Devices in the future.
3. GEOGRAPHIC VARIABILITY
Due to technical and other restrictions, the Service is available only in certain locations. Dream Chaser On Demand will use technologies to verify your geographic location. You may not use any technology or technique to obscure or disguise your location.
4. DIGITAL CONTENT
a. General. The Service may allow you to: (i) access Digital Content on a subscription basis for viewing during a limited period of time during a subscription period.
b. Subscriptions. Offers and pricing for subscriptions, the subscription services, the extent of available Subscription Digital Content, and the specific titles available through subscription services, may change over time and by location without notice (except as may be required by applicable law). Unless otherwise indicated, any price changes are effective as of the beginning of the next subscription period. If you do not agree to a subscription change, you may cancel your subscription per Section 4(d) below. The pricing for subscriptions may include VAT and/or other taxes. Where applicable, such taxes will be collected by the party with whom you transact for the service, which may be Dream Chaser On Demand or a third party. We make no guarantee as to the availability of specific Subscription Digital Content or the minimum amount of Subscription Digital Content available in any subscription. Additional terms applicable to a subscription (such as the applicable cancellation and refund policy) will be indicated on the informational pages for that subscription on the primary Service website for your location.
d. Cancellation of Subscriptions
You may cancel a subscription service any time by visiting your Dashboard and adjusting your subscription settings, by contacting Dream Chaser On Demand customer service, or by using any cancellation form that we make available to you or, if you transact for the applicable Dream Chaser On Demand subscription service through a third party, through your account settings with such third party. We will begin billing your Payment Method for the monthly subscription fees at the end of the free trial period. Your subscription will automatically renew monthly unless you cancel prior to the end of the free trial period. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, you will continue to have access to the Subscription Digital Content through the end of your current billing period.
e. Payment Methods. If we are unable to process your payment using your designated payment method, we reserve the right to charge any payment method we have on file for you. If you purchase a subscription or start a free trial for a subscription, your subscription will automatically continue, and you authorize us (without further notice, unless required by applicable law) to collect the then-applicable periodic subscription fee including any taxes, using any payment method we have on file for you. We will continue to bill you for the relevant subscription service until cancelled. If all payment methods we have on file for you are declined for payment of your subscription fee, your subscription will be cancelled unless you provide us with a new payment method. If you provide us with a new payment method and are successfully charged before your subscription is cancelled, your new subscription period will be based on the original billing date and not the date of the successful charge. You can use “Your Account” settings to update your designated payment method(s).
g. Promotional Trials. We sometimes offer eligible customers various trial or other promotional subscriptions, which are subject to this Agreement except as otherwise stated in the promotional offers. We reserve the right, in our sole discretion, to determine your eligibility. Trial members may at any time (through Your Account) choose not to continue to paid subscription at the end of the trial period.
h. Limited License to Digital Content. Subject to payment of any charges to rent, purchase, or access Digital Content, and your compliance with all terms of this Agreement, Dream Chaser On Demand grants you a non-exclusive, non-transferable, non-sublicensable, limited license, during the applicable Viewing Period, to access and view the Digital Content in accordance with the Usage Rules, for personal, non-commercial, private use. We may automatically remove Digital Content from your Compatible Device after the end of its Viewing Period.
i. Availability of Purchased Digital Content. Purchased Digital Content will generally continue to be available to you for download or streaming from the Service, as applicable, but may become unavailable due to potential content provider licensing restrictions or for other reasons, and Dream Chaser On Demand will not be liable to you if Purchased Digital Content becomes unavailable for further download or streaming. You may download and store your own copy of Purchased Digital Content on a Compatible Device authorized for such download so that you can view that Purchased Digital Content if it becomes unavailable for further download or streaming from the Service.
j. Downloading and Risk of Loss. If you plan to download Digital Content that you purchase or rent for on-demand viewing, we encourage you to do so promptly after your purchase or rental. If you are unable to complete a download after having reviewed our online help resources, please contact Dream Chaser On Demand customer service. Once you purchase or rent such Digital Content and we make the Digital Content available to you, you are responsible for completing the download, if you choose to download, and for all risk of loss of the Digital Content.
k. Playback Quality; Streaming. The playback resolution and quality of the Digital Content you receive will depend on a number of factors, including the type of Compatible Device on which you are accessing the Digital Content and your bandwidth, which may increase or decrease over the course of your viewing. If we detect that Digital Content we are streaming to you may be interrupted or may otherwise not play properly due to bandwidth constraints or other factors, we may decrease the resolution and file size of the streamed Digital Content in an effort to provide an uninterrupted viewing experience. While we strive to provide you a high quality viewing experience, we make no guarantee as to the resolution or quality of the Digital Content you will receive when streaming, even if you have paid extra for access to high definition, ultra-high definition, or high-dynamic-range content.
l. General Restrictions. You may not (i) transfer, copy or display the Digital Content, except as permitted in this Agreement; (ii) sell, rent, lease, distribute, or broadcast any right to the Digital Content; (iii) remove any proprietary notices or labels on the Digital Content; (iv) attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management or other content protection system used as part of the Service; or (v) use the Service or Digital Content for any commercial or illegal purpose.
m. Audience Measurement. Certain third parties, such as advertisers and content owners, are interested in understanding how their content is performing on Dream Chaser On Demand Channels. While viewing certain Channels, Dream Chaser On Demand may provide information about your viewing behavior to third parties for purposes of audience measurement and market research.
5. ADDITIONAL TERMS
a. Termination. We may terminate your access to the Service, including any subscription available as part of the Service, at our discretion without notice (except as may be required by applicable law). If we do so, we will give you a pro-rated refund of your subscription fee (if any); however, if you violate any of the terms of this Agreement, your rights under this Agreement will automatically terminate without notice, and Dream Chaser On Demand may, in its discretion, immediately revoke your access to the Service and to Digital Content without refund of any fees. In such event, you must delete all copies of Digital Content that you have downloaded.
b. Communications. We may send you promotions or otherwise communicate with you electronically, which may include e-mail, push notification, or posts to your Dream Chaser On Demand Message Center, and you hereby consent to receive those communications. To stop receiving marketing communications from Dream Chaser On Demand, update your marketing communication preferences from your Dashboard.
d. Modification of Service. Dream Chaser On Demand reserves the right to modify, suspend, or discontinue the Service, or any part of the Service, at any time and without notice (except as required by applicable law), and Dream Chaser On Demand will not be liable to you should it exercise such rights, even if your ability to use Digital Content is impacted by the change.
e. Amendments. Dream Chaser On Demand reserves the right to make changes to this Agreement at any time by posting the revised terms in connection with the Service. To the maximum extent permitted by law, your continued use of the Service following any changes will constitute your acceptance of such changes. However, any increase in subscription fee will not apply until your subscription is renewed.
f. Reservation of Rights; Waiver. The Service, Software and the Digital Content embody intellectual property that is protected by law. Copyright owners of Digital Content are intended third-party beneficiaries under the Agreement. Our failure to insist upon or enforce your strict compliance with the Agreement will not constitute a waiver of any of our rights.
g. Disputes/Conditions of Use. Any dispute or claim arising from or relating to this Agreement or the Service is subject to the governing law, disclaimer of warranties and limitation of liability, any binding arbitration, and all other terms in the Dream Chaser On Demand Terms of Use Agreement. You agree to those terms by using the Service. YOU MAY ALSO BE ENTITLED TO CERTAIN CONSUMER PROTECTION RIGHTS UNDER THE LAWS OF YOUR LOCAL JURISDICTION.
h. Limitation of Liability. Without limiting the disclaimer of warranties and limitation of liability in the Dream Chaser On Demand Terms of Use: (i) in no event shall our or our total liability to you for all damages arising out of or related to your use or the Service exceed the amount of fifty dollars ($50.00); and (ii) in no event shall our or our Digital Content providers’ total liability to you for all damages arising from your use of the Service, the Digital Content, or information, materials or products included on or otherwise made available to you through the Service, exceed the amount you paid to us over the past 12 months to purchase, rent, or view the Digital Content related to your claim for damages. The limitations in this section will apply to you even if the remedies fail of their essential purpose.
CERTAIN JURISDICTIONS, INCLUDING JURISDICTIONS IN THE EUROPEAN UNION, DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
i. Contact Information. For communications concerning this Agreement, please write to Dream Chaser On Demand at the applicable notice address.
j. Severability. If any term or condition of this Agreement is deemed invalid, void, or for any reason unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining term or condition.
k. The Dream Chaser On Demand Terms of Use shall be governed by the laws of the state of California, USA without regard to conflict of laws provisions.