Acorn TV Terms of Use


Last Updated: June 13, 2019
  1. Scope and Acceptance
  2. Changes to These Terms of Use
  3. Acorn TV Ready Device
  4. Internet Connectivity and Corn TV Application
  5. Subscription Selection
  6. User Registration
  7. Pricing and Payment Terms
  8. License to the Services
  9. Availability of Content
  10. Gift Memberships, Free Content and Free Trials
  11. Personal Information
  12. Your Use of the Services
  13. Customer Support
  14. Our Intellectual Property Rights
  15. Copyright and Intellectual Property Claims
  16. Termination of Use of the Services
  17. Assignment
  18. Indemnity
  19. DISCLAIMER AND LIMITATIONS OF LIABILITY
  20. Terms Applicable to Third Party Platform Providers
  21. Electronic Signature and Contracts
  22. Force Majeure
  23. Geographic Availability
  24. Dispute Resolution
  25. Miscellaneous

Welcome to Acorn TV. Please read this Terms of Use Agreement (the "Terms of Use") carefully, as it establishes legally binding terms and conditions that apply to your use of the Services.

IMPORTANT INFORMATION FOR U.S. CUSTOMERS: THESE TERMS OF USE CONTAIN A PROVISION THAT GENERALLY REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. PLEASE SEE THE DISPUTE RESOLUTION SECTION FOR INFORMATION. THE ARBITRATION PROVISION ONLY APPLIES TO SERVICES RENDERED IN THE UNITED STATES.

In these Terms of Use, the "Services," mean the services provided and made available by Acorn TV, an operating division of RLJ Entertainment, Inc., and for customers located in Australia, RLJ Entertainment Australia Pty Ltd (collectively, "Acorn TV", "we", "our" or "us") in connection with your browsing and viewing of Acorn TV multimedia (such as movies, extended episodes, bonus content, and television shows) ("Content") through Acorn TV websites (www.acorn.tv), applications, or other interfaces and platforms that contain links to or otherwise reference these Terms of Use. The Services also include other technologies, features, and content we may provide or use on the Acorn TV user interfaces.

Scope and Acceptance

The Terms of Use include:

The Terms of Use apply to anyone who uses the Services ("User", "you" or "your"), including, but not limited to, people who register for the Services, people who subscribe to the Services, and people who simply browse the Services. If you use, visit, register for, or subscribe to the Services, you understand, acknowledge, and agree that you are bound by the terms and conditions of these Terms of Use.

If you do not agree to these Terms of Use, please do not use the Services.

NOTHING IN THESE ACORN TV TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.

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Changes to These Terms of Use

We may modify these Terms of Use, including the Privacy Policy, Cookie Policy, and any additional terms and conditions from time to time. If you have a current subscription for Services or are a registered user, non-material modifications will take effect for you, unless stated otherwise, immediately after posting. For all other Users, non-material changes shall be effective immediately upon posting.

We will post or display on the Services site and we will email registered users about material changes to these Terms of Use. We recommend that you check back frequently and review these Terms of Use regularly so that you are aware of the most up-to-date Terms of Use. Your continued use will be taken as acceptance of these updated Terms of Use.

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Acorn TV Ready Device

To access and use certain Services, including Content, you will be required to use an approved platform such as a gaming system, smart TV, mobile device, set top box, Amazon Fire TV device, Apple TV device, Roku device, and/or other technology meeting certain system, configuration and other requirements (an "Acorn TV ready device"). For more information on these platform requirements, contact us at support@acorn.tv. You should ensure that you have an Acorn TV ready device prior to purchasing or ordering any Services.

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Internet Connectivity and Acorn TV Application

Your Acorn TV ready device must be connected to the internet via a data plan through your mobile provider, wireless ("WiFi"), or ethernet to operate the Services or, if available for the Services, temporarily download select Content for offline viewing on certain mobile devices. To operate the Services, you need to: (i) download the Acorn TV application (the "App") from the Fire TV application store, Google Play application store, Apple app store, Roku channel store or any other application store or smart TV from which the App can be downloaded from; or (ii) visit www.acorn.tv to purchase the Services directly from Acorn TV (the "Ecommerce Website").

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Subscription Selection

If you purchase the Services through Acorn TV, you may need to choose between two subscription options: (i) a monthly subscription, or (ii) a yearly subscription. If you choose the monthly subscription, you will be charged one (1) time per month for your subscription fee. If you choose the yearly subscription, you will be charged one (1) time per year for your subscription fee.

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User Registration

Once you have successfully selected your Services package, as applicable, you need to become a registered User of Services in order to access and use the Services. To become a registered User, you must create an account with a unique username and password combination ("User Credentials") and provide certain additional information, including, but not limited to, name and zip or post code ("Registered Account"). Registered Accounts can only be established by individuals in certain Territories (as defined in Section 23 below) who have reached the age of majority and have otherwise met the criteria to create User Credentials. After you input the User Credentials, you will need to (i) accept these Terms of Use, and (ii) acknowledge that you read the Privacy Policy; and (iii) indicate your preferences for receiving promotional communications from Acorn TV or our affiliates and confirm your registration with Acorn TV.

It is a condition of use of the Services that all the details you provide will be correct, current, and complete and will not violate any law. If Acorn TV or its respective partners or affiliates believe the details are not correct, current or complete, or that you have otherwise violated this Agreement or any law, we have the right to suspend or terminate your Registered Account or refuse you access to the Services and its resources. You may edit your User Credentials or any other personal information on your Registered Account through the "Manage Account" section of the Ecommerce Website.

The Acorn TV Registered Accounts are for individual use only. Your account is personal to you and you may not transfer it to any other party. You are responsible for protecting and maintaining the confidentiality of your User Credentials. You may be responsible and liable for access to or use of the Services—including uses that may incur fees—by any person or entity using your User Credentials, whether or not you have authorized such access or use. We are not responsible or liable for any loss or damage arising from your failure to maintain the confidentiality of your User Credentials. You must immediately notify us if and when you become aware of, or reasonably suspect, any unauthorized use of your User Credentials or any other breach of security by emailing us at support@acorn.tv. To help protect you and the Services, if we have a reasonable belief that a person or entity is engaging in unauthorized use of your User Credentials, we may deny access, use and registration privileges to that person or entity.

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Pricing and Payment Terms

General: You agree to pay in full the prices and fees, plus any applicable taxes, for any purchases that are made using your User Credentials via credit, debit or other payment methods that is accepted by or through Acorn TV’s Ecommerce Website, Amazon.com, Inc. ("Amazon"), Apple Inc. ("Apple"), or Google LLC ("Google"), or Roku, Inc. ("Roku") at the time of purchase. If payment is not received by Acorn TV, Amazon, Apple, Google, or Roku, as applicable, from your credit, debit or charge card issuer or its agents or other payment service provider, you remain responsible for uncollected amounts and agree to promptly pay all amounts due upon demand by Acorn TV, Amazon, Apple, Google, or Roku, as applicable.

Pricing: Your applicable monthly or yearly subscription price will be disclosed to you at the time you at the time you register. Please note that you may be offered a promotional price, such as a trial subscription, that is available for the length of time disclosed on your offer. We will also notify you of the price of your subscription after your promotional period has ended. The total cost of your subscription will include applicable taxes that are not accounted for in the subscription price. After you complete your registration, you will receive an email that includes your total monthly or yearly charges, including any taxes. By starting a subscription to Services, you authorize Acorn TV, Amazon, Apple, Google or Roku to charge you for the subscription fee at the then-current rate, and any other charges you may incur in connection with your use of the Services, to the payment method you provide during registration for the Acorn TV Service (or to a different payment method if you change your account information) until you cancel your subscription. You permit Acorn TV, Amazon, Apple, Google, or Roku, or service providers on their behalf, to store information as needed to facilitate billing and payment. Acorn TV may store tokenized payment information, but Acorn TV does not collect full payment card information. We reserve the right to change any and all prices for any Content at any time or as frequently as permissible in the jurisdiction in which you reside, for any reason, by updating the prices set forth on the applicable portion of the Services. If we increase the price of the Services, we will provide you with prior written notice. If you do not wish to keep your subscription at the increased price, you may cancel your subscription to the Services in accordance with Section 16 of these Terms of Use within 30 days of the date of our notice.

Payment for Services:

You can find more information regarding your subscription to Services at any time by clicking on "Manage Account."

Acorn TV, Amazon, Apple, Google or Roku will bill your subscription fee per the billing period described when you initiate the subscription to Services (“Billing Period”), unless and until you cancel your subscription. Acorn TV, Amazon, Apple, Google or Roku will automatically bill your payment method on the calendar day corresponding to the beginning of your Billing Period.

If you change your payment method, this could result in changing the calendar day upon which you are billed. If your paid subscription begins on a day not contained in a given month, and your Billing Period is every month, your Payment Method will be billed on the last day of such month. For example, if your paid Services subscription starts on March 31st, your next payment date is April 30, and your payment method would be billed on that date.

If you want to change or update your payment method:

If your payment method expires and you do not update or change your payment method or cancel your Subscription, your access to the Services will be revoked.

Taxes: You are responsible for any taxes imposed by law on any fee-based transactions conducted on or in connection with the Services. Fee-based transactions on the Services may be subject to certain taxes, including, without limitation, sales tax, use tax and any other applicable taxes, which may be based on various factors, including, but not limited to, the bill-to address and tax rates in effect at the time your transaction is completed. In Australia, fee-based transactions may be subject to GST (as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth)). Users are not eligible for tax exemptions for transactions made on the Services. In Alabama, Acorn TV has collected the simplified sellers user tax on taxable transactions delivered into Alabama and the tax will be remitted on your behalf to the Alabama Department of Revenue.

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License to the Services

Upon successful payment of the subscription fee and subject to these Terms of Use, Acorn TV will grant you a non-exclusive, non-transferable, non-assignable, non-sublicensable, limited right and license to view, privately display and temporarily download certain Content, subject to these Terms of Use, by and through an Acorn TV ready device, for your own personal, noncommercial use for the duration specified at the time of your subscription to Services (the “Subscription Term”).

After your or our termination of the Services and at the end of the Subscription Term, if your subscription does not automatically renew, you will no longer be able to access or view any Content through an Acorn TV ready device. We will provide you with notice that your Subscription Term is ending or has ended. You agree that your Acorn TV account is for personal, non-commercial use only and may be limited by simultaneous stream and device usage.

At any time, in our sole discretion, we may choose to provide refunds, discounts, or other consideration (“credits”) to some or all of our Users. If we choose to provide credits at a particular time, it will not obligate us to provide credits to you or others at any point in the future, unless required by law.

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Availability of Content

We strive to provide a great selection of Content to you through the Services. We may add, remove or disable access to certain Content on some or all of the Services at our sole discretion. You understand that the Content and Services available to you may change over time, including during your subscription period. In addition, some Content may not be available in your geographic region or may not be accessible to you based on your equipment or other factors.

To the extent maximum permitted by applicable law, we are not liable for the removal of or disabling of access to any Services, materials or functionality of the Services.

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Gift Memberships, Free Content and Free Trials

On occasion, we may make select full episodes available for free for limited promotional periods. Video extras may also be made available for free, at our discretion.

On occasion, we may offer a free trial subscription to certain qualified users. If we offer you a free trial, the specific terms of your free trial will be presented to you before or during sign-up. Restrictions and limitations on eligibility may apply.

You may possess a gift membership code entitling you to a certain subscription period.

Upon receiving an offer for and choosing to start a free trial of the Services or when activating a gift membership, you may need to: (i) select a subscription pursuant to Section 5, as applicable; (iii) register as a User pursuant to Section 6; and (iv) provide payment information pursuant to Section 7. If you do not cancel your subscription to Services before the end of last day of the free trial, your subscription will be automatically converted from a free trial to a subscription to Services and you will be charged for your subscription at the end of the last day of your free trial. If the free trial or gift membership converts to a paid subscription subject to the terms presented to you prior to or during sign up, you authorize us to begin billing your payment method for the subscriber fee at the end of the free trial period of your subscription unless you cancel prior to the end of the free trial period. To view the specific details of your subscription, including the subscription fee and end date of your free trial or gift membership period, click on “My Acorn TV” to the top right of the screen of the Ecommerce Website and select “Manage Account” or contact us at support@acorn.tv. We may pre-authorize your payment method, and you authorize us to do so. In some instances, your available balance or credit limit may be reduced to reflect the authorization; however, IF YOU CANCEL PRIOR TO THE END OF YOUR FREE TRIAL OR GIFT MEMBERSHIP PERIOD, THERE WILL BE NO CHARGES TO YOUR PAYMENT METHOD. Go to https://support.acorn.tv/en/support/solutions/articles/11000007191-how-do-i-cancel for cancellation instructions.

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Personal Information

We respect your privacy and the use and protection of your personal information. In the course of your use of the Services, you may be asked to provide certain information about yourself to us. Our information collection and use policies with respect to the privacy of your information are set forth in our Privacy Policy, incorporated herein. We encourage you to read the Privacy Policy, and to use it to help make informed decisions.

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Your Use of the Services

We want to keep the Services safe and fun for everyone. We do not permit unlawful or harmful use of the Services. Accordingly, you represent, warrant and agree that:

We reserve the right to investigate and take appropriate action, including legal remedies, against anyone who, as determined in our sole discretion, violates, or is suspected of violating, these Terms of Use, including, without limitation, reporting you to law enforcement authorities.

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Customer Support

If you are experiencing technical difficulties with the Services, reboot the App and/or confirm that your Acorn TV ready device is connected to the internet via a data plan through your mobile provider, WiFi or Ethernet. If you are still experiencing issues and for assistance with billing questions, order inquiries, or other issues related to the Services, please reach out to Acorn TV Customer Service at support@acorn.tv. If you have more general questions about the Services, or would like to contact Acorn TV to provide general feedback regarding the Services, please reach out to Acorn TV Customer Service at support@acorn.tv.

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Our Intellectual Property Rights

We own or license all right, title and interest in and to the Services. All content contained in or made available through the Services is protected by copyright, trade secret, and other applicable intellectual property laws, rules, regulations and treaties. The content includes, without limitation, all films, video, audio/visual content, music (including the musical compositions therein), artwork, photographs, illustrations, graphics, logos, copy, text, computer code, software, data, user interfaces, visual interfaces, information, materials, and all copyrightable or otherwise legally protectable elements of the Services, including, without limitation, the design, selection, sequence, look and feel, and arrangement of the Services, and any copyrights, trademarks, service marks, trade names, trade dress, patent rights, database rights and/or other intellectual property and/or proprietary rights therein (including with respect to any content contained and/or made available in any advertisements or information presented to you via the Services). Unless the context clearly requires otherwise or we explicitly set forth in writing, the term “Services” includes such content.

You may use the Services only for your noncommercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes. You must not alter, delete or conceal any copyright, trademark, service mark or other notices contained on the Services, including, without limitation, notices on any Content you transmit, download, display, print, stream or reproduce from the Services. Except as expressly authorized by Acorn TV, you shall not, nor shall you allow any third party (whether or not for your benefit or otherwise) to, reproduce, modify, create derivative works from, display, perform, communicate to the public, make available, publish, distribute, disseminate, broadcast, transmit or circulate to any third party (including, without limitation, on or via a third party website or platform), or otherwise use, any Content without the express, prior written consent of Acorn TV or its owner if Acorn TV is not the owner. Any unauthorized or prohibited use of any Content may subject you to civil liability, criminal prosecution, or both, under applicable laws, rules, regulations and treaties. We require users to respect our copyrights, trademarks, and other intellectual property rights and shall aggressively enforce the same to the fullest extent of the law, including seeking criminal prosecution. We likewise respect the intellectual property of others. If you believe that the Services contain elements that infringe your intellectual property rights, please contact us as set forth in Section 13 above.

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Copyright and Intellectual Property Claims

If you believe that content available through the Services infringes upon your copyright or other intellectual property rights, you may submit a notification by providing our Copyright Agent (set forth below) with the following information in writing:

Written notification of claimed infringement must be submitted to the following Copyright Agent:

If access to your content has been disabled or your content was removed and you believe such content is not infringing, you may send a counter-notice containing the following information to our Copyright Agent:

If a counter-notice is received by our Copyright Agent, Acorn TV may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the owner files an action seeking a court order against the content provider or the User, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at Acorn TV’s sole discretion.

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Termination of Use of the Services

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Assignment

These Terms of Use are personal to you, and any rights, licenses and privileges granted herein, may not be transferred or assigned by you without our consent. We may assign or transfer our rights, licenses and privileges without restriction and without notice to you, provided such assignment or transfer does not affect your rights under these Terms of Use and complies with applicable laws.

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Indemnity

You agree to defend, indemnify and hold Acorn TV, its successors and assigns, directors, officers, employees, representatives, agents, licensors, advertisers, suppliers and operational service providers harmless from any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees) (collectively, “Claims”), arising in any way out of or in connection with (a) your use of the Services, or (b) your breach or violation of these Terms of Use. Acorn TV reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Acorn TV’s defense of such Claim.

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DISCLAIMER AND LIMITATIONS OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, THE SERVICES, AND ALL CONTENT, PRODUCTS AND SERVICES ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THAT THE SERVICES WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS, SERVICES OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. ALL IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS RELATING TO THIS SITE, AND ALL CONTENT, PRODUCTS AND SERVICES ARE HEREBY DISCLAIMED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL AMAZON, APPLE, COMCAST CORPORATION, GOOGLE, ROKU, OR ANY OTHER THIRD PARTY THAT OWNS OR OPERATES THE APP STORE OR PLATFORM THROUGH WHICH YOU CAN ACCESS AND/OR DOWNLOAD THE SERVICES, THEIR AFFILIATES, VENDORS, AGENTS AND SUPPLIERS, AS APPLICABLE, GIVE ANY WARRANTY, HAVE ANY RESPONSIBILITY OR HAVE ANY LIABILITY WITH RESPECT TO YOUR USE OF THE SERVICES ,OR ANY CONTENT OR FUNCTIONALITY IN THE SERVICES, NOR SHALL THEY BE RESPONSIBLE FOR PROVIDING SUPPORT SERVICES WITH RESPECT TO THE SERVICES.

Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Services. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Services, including, without limitation, Content associated with your use of the Services.

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ACORN TV, ITS AFFILIATES, PARENT, SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS AND SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SERVICES OR FROM THESE TERMS OF USE, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES.

You further understand and acknowledge the capacity of the Services, in the aggregate and for each User, is limited. Consequently, some features or functions may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that Acorn TV assumes no liability, responsibility or obligation to transmit, process, store, receive or deliver transactions and you are hereby expressly advised not to rely upon the timeliness or performance of Acorn TV for any transactions.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

We do not attempt to exclude or limit in any way our liability to you where it would be unlawful for us to do so. In the UK, this includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentations or for defective products under the Consumer Protection Act 1987. In New Zealand, this includes the rights and remedies available to you under the New Zealand Consumer Guarantees Act 1993 (CGA) and the Fair Trading Act 1986 (FTA), unless you are in trade and are using the Services for business purposes, in which case you agree that the rights and remedies under the CGA and FTA do not apply. In Australia, this includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation, as well as liability for any guarantee, term, condition or warranty that is implied into these Terms of Use under the Australian Consumer Law or any other applicable legislation (a “Non-excludable Provision”). If we are able to limit your remedy for our breach of a Non-excludable Provision, then our liability will be limited to one or more of the following at our option: in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; and in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.

NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.

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Terms Applicable to Third Party Platform Providers

If you access or download the App via Amazon, Apple, Google, Roku or any other third party application store or platform (each, a “Third Party Platform Provider”), such Third Party Platform Providers shall be third-party beneficiaries to these Terms. However, these Third Party Platform Providers are not party to these Terms and have no obligation to provide maintenance and/or support of the Services. Acorn TV, not such Third Party Platform Providers, is solely responsible for the Services. The Third Party Platform Providers, however, are solely responsible for the operations of the platform, which may affect your ability to access the Services. Your access to the App through the Third Party Platform Providers’ application stores or platforms are subject to the terms set forth in the applicable Third Party Platform Provider’s term of service.

If there are any conflicts between these Terms of Use and the customer terms of use of Amazon, located at https://www.amazon.com/gp/help/customer/display.html?nodeId=202140280 (“Amazon’s EULA”), Apple, located at https://www.apple.com/legal/internet-services/itunes/us/terms.html (“Apple’s EULA”), Google, located at https://play.google.com/intl/en-us_us/about/play-terms.html (“Google’s EULA”), or “), or Roku, located at https://docs.roku.com/doc/usertermsandconditions/en-us (“Roku’s EULA”) then to the extent of such conflict, Amazon’s EULA, Apple’s EULA, Google’s EULA or Roku’s EULA will control, as applicable. Amazon, Apple, and Google do not have any responsibility or liability related to the compliance or non-compliance by you under these Terms of Use or their respective EULAs.

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Electronic Signature and Contracts

When you use the Services, you can enter into agreements and make purchases electronically. You agree to the use of electronic records and signatures in association with the Services. Your agreement and intent to use electronic records and signatures applies to all transactions you enter into on the Service Services, including without limitation and to the full extent allowed by law, notices of cancellation, policies, contracts, and applications. If you do not wish to use electronic records and signatures, do not use the Services.

You may have a legal right to receive certain information from us in writing. You agree that we may use e-mail and other electronic means to provide you with such information as well as for other communications. To access and retain this information you will need to provide us with an active e-mail account, and you must have an Internet-connected device that is capable of receiving HTML e-mails and a method of storing or printing those e-mails. You may have a legal right to receive paper copies of certain notices. To receive such copies, contact us at support@acorn.tv. To update your contact information, visit the “Manage Account” section of the “My Acorn TV” Services.

You confirm that you have the ability to access and retain e-mails.

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Force Majeure

Acorn TV shall not have any liability to you by reason of any delay or failure to perform any obligation hereunder if the delay or failure to perform is occasioned by force majeure, which shall refer to any act of God, storm, fire, casualty, unanticipated work stoppage, power outage, satellite failure, strike, lockout, labor dispute, civil disturbance, riot, war, national emergency, Governmental action or other cause beyond Acorn TV’s reasonable control.

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Geographic Availability

The Services are intended for viewing solely within the United States, and the countries identified at this link (the "Territories"). Acorn TV makes no representations that materials or other Content in the Services are appropriate or available for use outside of the Territories.

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Dispute Resolution

No action arising out of these Terms of Use or your use of the Services, regardless of form or the basis of the claim, may be brought by you more than one year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose), unless otherwise provided by law. These Terms of Use and your use of the Services are governed by, construed and enforced in accordance with the internal substantive laws of the State of California, United States, regardless of the State’s conflict of laws provisions.

If you live in Australia, you can bring legal proceedings in respect of the Services in the courts of Australia or the relevant State or Territory in which you live. Where you do, you submit to the non-exclusive jurisdiction of the relevant court in Australia.

Dispute Resolution Provisions for U.S. Customers

IF YOU LIVE IN THE UNITED STATES, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND ACORN TV (TOGETHER, THE “PARTIES”) AGREE TO SUBMIT EXCLUSIVELY ANY CLAIM, CONTROVERSY OR DISPUTE ARISING OUT OF OR RELATING TO THE SITE, THE SERVICES, THESE TERMS OF USE, OR ANY OTHER POLICIES OR OTHER TERMS INCORPORATED THEREIN (INCLUDING THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, ENFORCEABILITY, VALIDITY, OR RIGHTS UNDER ANY OF ANY OF THE FOREGOING) (EACH, A “DISPUTE”) FOR RESOLUTION BY CONFIDENTIAL, INDIVIDUAL, BINDING ARBITRATION, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY.

THE PARTIES AGREE THAT THE ARBITRATOR, AND NOT ANY FEDERAL, STATE, PROVINCIAL OR LOCAL COURT OR AGENCY, SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ANY DISPUTES RELATING TO THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY OR FORMATION OF THIS AGREEMENT TO ARBITRATE, INCLUDING ANY CLAIM THAT ALL OR ANY PART OF THIS AGREEMENT TO ARBITRATE IS VOID OR VOIDABLE. THE ARBITRATOR SHALL ALSO BE RESPONSIBLE FOR DETERMINING ALL THRESHOLD ARBITRABILITY ISSUES, INCLUDING ISSUES RELATING TO WHETHER THE TERMS ARE UNCONSCIONABLE OR ILLUSORY AND ANY DEFENSE TO ARBITRATION, INCLUDING WAIVER, DELAY, LACHES OR ESTOPPEL.

TO THE FULLEST EXTENT PERMITTED BY LAW: (I) YOU EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO ARBITRATE A DISPUTE AS A CLASS ACTION; AND (II) YOU ALSO EXPRESSLY WAIVE YOUR RIGHT TO A JURY TRIAL. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, 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 AS A COURT WOULD.

THE ARBITRATION WILL BE HELD IN LOS ANGELES, CALIFORNIA. IF THIS LOCATION IS NOT CONVENIENT FOR YOU, PLEASE LET US KNOW. WE WILL WORK WITH YOU TO DETERMINE A MUTUALLY CONVENIENT LOCATION. ANY DISAGREEMENTS REGARDING THE FORUM FOR ARBITRATION WILL BE SETTLED BY THE ARBITRATOR. DISPUTES WILL BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION. IN THE EVENT THAT ARBITRATION IS NOT PERMITTED BY APPLICABLE LAW: (I) THE PARTIES EXPRESSLY AGREE THAT ANY DISPUTE WILL BE BROUGHT AND HEARD SOLELY AND EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF COMPETENT JURISDICTION LOCATED IN LOS ANGELES, CALIFORNIA. THE PARTIES WAIVE ANY PLEA OR DEFENSE THAT SUCH COURTS ARE NOT THE APPROPRIATE VENUE OR THAT THEY ARE NOT SUBJECT TO PERSONAL JURISDICTION OF SUCH COURTS.

THE ARBITRATION WILL BE ADMINISTERED BY JAMS. YOU MAY OBTAIN A COPY OF THE RULES OF JAMS BY CONTACTING THE ORGANIZATION. EACH OF US SHALL AGREE ON ONE ARBITRATOR TO CONDUCT THE ARBITRATION. IN THE EVENT THE PARTIES CANNOT AGREE ON AN ARBITRATOR, THE ARBITRATOR WILL BE SELECTED IN ACCORDANCE WITH THE JAMS RULES.

IF YOU INITIATE ARBITRATION, YOUR ARBITRATION FEES WILL BE LIMITED TO THE FILING FEE SET FORTH BY JAMS. REGARDLESS OF WHO INITIATES ARBITRATION, ACORN TV WILL PAY YOUR SHARE OF ARBITRATION FEES (NOT INCLUDING YOUR ATTORNEYS’ FEES) UP TO A MAXIMUM OF $2,500. IF THE ARBITRATOR RULES AGAINST ACORN TV, IN ADDITION TO ACCEPTING WHATEVER RESPONSIBILITY IS ORDERED BY THE ARBITRATOR, ACORN TV WILL REIMBURSE YOUR REASONABLE ATTORNEYS’ FEES AND COSTS UP TO A MAXIMUM OF $5,000, REGARDLESS OF WHO INITIATED THE ARBITRATION, UNLESS THE ARBITRATOR FINDS SOME OR ALL OF YOUR CLAIMS TO BE FRIVOLOUS OR TO HAVE BEEN BROUGHT IN BAD FAITH. IN ADDITION, IF THE ARBITRATOR RULES IN ACORN TV’S FAVOR, IT WILL NOT SEEK REIMBURSEMENT OF OUR ATTORNEYS’ FEES AND COSTS, REGARDLESS OF WHO INITIATED THE ARBITRATION, UNLESS THE ARBITRATOR FINDS SOME OR ALL OF YOUR CLAIMS TO BE FRIVOLOUS OR TO HAVE BEEN BROUGHT IN BAD FAITH.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS SECTION, TO THE EXTENT EITHER PARTY IN ANY MANNER HAS VIOLATED OR THREATENED TO VIOLATE THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS, THE NON-BREACHING PARTY MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE, PROVINCIAL OR FEDERAL COURT OF COMPETENT JURISDICTION.

EXCEPT AS OTHERWISE PROHIBITED BY LAW, ANY DISPUTE MUST BE BROUGHT WITHIN ONE (1) YEAR FROM THE DATE THE CAUSE OF ACTION ARISES.

IN THE EVENT THAT ANY PROVISION OF THE AGREEMENT TO ARBITRATE IS HELD INVALID OR UNENFORCEABLE, ALL OTHER TERMS WITHIN THE AGREEMENT TO ARBITRATE SHALL REMAIN IN FULL FORCE AND EFFECT.

IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF ACORN TV OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.

YOU MAY ALSO BE ENTITLED TO CERTAIN CONSUMER PROTECTION AND OTHER RIGHTS UNDER THE LAWS OF YOUR LOCAL JURISDICTION.

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Miscellaneous

These Terms of Use, together with any Additional Terms, Rules, our Privacy Policy, our Cookie Policy, and any other regulations, procedures and policies which we refer to and which are hereby incorporated by reference, contain the entire understanding and agreement between you and Acorn TV concerning the Services and supersedes any and all prior or inconsistent understandings relating to the Services and your use thereof. To the extent that there is a conflict between these Terms of Use and the Additional Terms or Rules for the activity in which you choose to participate, the Additional Terms and/or Rules shall govern.

These Terms of Use cannot be changed or terminated orally.

If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, this shall not affect any other provisions and these Terms of Use shall be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of these Terms of Use.

These Terms of Use were last modified on the date indicated above and are effective immediately.

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