RLJE TERMS AND CONDITIONS OF USE
Last Updated February 1, 2019
These terms and conditions of use ("Terms") are between you and RLJ Entertainment, Inc. and/or its affiliates (including but not limited to Acorn Catalog, Acacia Catalog, Image Entertainment, Acorn TV, Acacia TV, and UMC/Urban Movie Channel) (collectively "RLJE" or "Us" or "We") and govern our respective rights and obligations. RLJE provide products and services to you when you visit one of our sites, help you discover and watch movies and TV shows, provide you with use of RLJE products or services, RLJE applications, or software provided by RLJE in connection with any of the forgoing, sell products (collectively "RLJE service" or "our service" or "the service").
"RLJE Sites" or "our sites" refer to any website domain name registered to RLJE, including, but not limited to:
Acceptance of Terms
Changes to Terms
We may, from time to time, change these Terms, without notice to you. Such revisions shall be effective immediately. Your continued use of RLJE Sites after we change these terms constitutes your acceptance of the changes. If you do not agree to any changes, you must discontinue use of our sites and services.
When you visit one of our sites or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on our sites. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Monthly Membership. You may choose to become a member of one of our services on a monthly basis. You can find specific details regarding your membership by visiting our relevant site and clicking on the "Manage Account" or "Account" link.
Annual Membership. You may choose to become a member of one of our services on an annual basis. You can find specific details regarding your membership by visiting our relevant site and clicking on the "Manage Account" or "Account" link.
Differing Memberships. We may offer a number of membership plans (e.g. one-month memberships), as indicated on the product detail pages. Some promotional memberships are offered by third parties. We are not responsible for the products and services provided by such third parties. You can find specific details regarding your membership by visiting our relevant site and clicking on the "Manage Account" or "Account" link.
We reserve the right to modify, terminate, or otherwise amend our offered membership plans.
Promotional Trial Periods
We sometimes offer certain customers various free trial periods. We reserve the right, in our absolute discretion, to determine your free trial eligibility.
We will begin billing you for the monthly membership fees at the end of the free trial period unless you cancel prior to the end of the free trial period. You will not receive a notice from us that your free trial period has ended or that the paying portion of your membership has begun.
Payment Method. You must have internet access and provide us with a current, valid, acceptable method of payment (as such may be updated from time to time) ("Payment Method") to use our service. You may edit your Payment Method information by visiting our relevant site and clicking on the "Manage Account" or "Account" link.
Recurring Monthly Billing. Sometimes we offer monthly memberships. By starting your RLJE membership and providing or designating a Payment Method, you authorize us to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of our service. We will bill the monthly membership fee to your Payment Method. You must cancel your membership before it renews each month in order to avoid billing of the next month’s membership fees.
Other Recurring Billing. Sometimes we offer memberships of different lengths. By starting your RLJE membership and providing or designating a Payment Method, you authorize us to charge you the membership fee at the beginning of every cycle at the then current rate, and any other charges you may incur in connection with your use of our service. You must cancel your membership before it renews to avoid billing of the next cycle's membership fees.
Recurring Annual Fee. Sometimes we offer annual memberships. By starting your RLJE membership and providing or designating a Payment Method, you authorize us to charge you the annual membership fee. The annual membership will auto-renew annually unless you cancel your membership before it renews for the next year. You must cancel your membership before it renews in order to avoid billing of the next year's membership fee.
Taxes. You are responsible for any taxes imposed on any payments made to RLJE in connection with your membership. Such taxes may include, 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 payment of your membership fee is completed. Users are not eligible for tax exemptions payments made to RLJE in connection with your membership.
Billing Cycle. The membership fee will be billed according to the membership option you choose. Visit your "Manage Account" or "Account" section of our relevant site to see the commencement date for your next renewal period. For monthly memberships, we automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership. In the event your paying membership began on a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, if you became a paying member on January 31st, your next payment date is February 28th and your Payment Method would be billed on that date. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers, and you authorize us to charge your Payment Method for such varying amounts. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or related charges. Check with your bank and credit card issuers for details. If the credit card we have on file for you is declined for payment of your membership fee, your membership will be canceled unless you provide us with a new card and are successfully charged before the next billing cycle. In such event, your new membership period will be based on the original renewal date and not the date of the successful charge. Membership charges are fully earned upon payment.
No Refunds for Monthly Membership Fee. Payments for your monthly membership are nonrefundable and there are no refunds or credits for partially used periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
No Refunds for Annual Membership Fee. Annual memberships are non-refundable and there are no refunds or credits for partially used periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
No Refunds for Other Membership Fee. Other types of memberships are also non-refundable and there are no refunds or credits for partially used periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
Cancellations for the Monthly Membership Fee. You may cancel your RLJE membership at any time, and you will continue to have access to the RLJE service through the end of your billing period.
Cancellations for the Annual Membership Fee. You may cancel your RLJE membership at any time, and you will continue to have access to the RLJE service through the end of your billing period.
Cancellations for the Other Membership Fees. You may cancel your RLJE membership at any time, and you will continue to have access to the RLJE service through the end of your billing period.
You can find instructions regarding canceling your membership by visiting our relevant website and clicking on the "Manage Account" or "Account" link.
Termination By Us
We may terminate your membership(s) at our discretion without notice. For Annual Members that paid the full annual fee, if we terminate your membership, we will give you a prorated refund based on the number of full months remaining in your membership. However, we will not give any refund for termination related to conduct that we determine, in our discretion, violates these Terms or any applicable law, involves fraud or misuse of your membership, or is harmful to our interests or another user. Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights.pp
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
RLJE does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use our sites and services only with the involvement of a parent or guardian.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
The account owner's control is exercised through use of the account owner's password and therefore to maintain exclusive control, the account owner should not reveal the password to anyone. By sharing your password, the account owner agrees to be responsible for assuring that household members comply with these Terms and such account owner shall be responsible for the actions of the household members.
In order to provide you with ease of access to your account and to help administer our sites and services, RLJE implements technology that enables us to recognize you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the service. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account. You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your RLJE ready device. If you disclose your password to anyone or share your account and/or devices with other people, you take full responsibility for their actions. Where possible, users of public or shared devices should log out at the completion of each visit. If you sell or return a device, you should logout and/or deactivate the device before doing so. If you fail to log out of your device, subsequent users may access the service through your account and may be able to access certain of your account information.
If you find that you're a victim of identity theft and it involves your account, you should notify Customer Service and report this instance to all your card issuers, as well as your local law enforcement agency. Also, you should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. We reserve the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. RLJE is not obligated to credit or discount a membership for holds placed on the account by either a representative of RLJE or by the automated processes of RLJE.
Other Limitations, Limitations of Liability, and Disclaimers of Warranty
We reserve the right to accept or refuse access to our sites at our discretion.
THE RLJE SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE RLJE SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. RLJE DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE RLJE SERVICE, IF APPLICABLE, WILL BE UNINTERRUPTED OR ERROR-FREE. RLJE SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, RLJE READY DEVICES, AND RLJE SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).
IN NO EVENT WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO YOUR USE OF OUR SITES. OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED $500. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Professional Advice Disclaimer
Some of our sites, services, and products offer health, fitness, and nutritional information and is designed for educational purposes only. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment.
You are responsible for exercising within your own limits. These exercise programs are not intended to diagnose, treat, or prevent any medical condition or to replace your healthcare provider. Consult with your healthcare provider to design an appropriate exercise prescription for you.
You understand that by using our sites and services, you may encounter content that may be deemed offensive, indecent or objectionable, which content may or may not be identified as having explicit language or other features. Nevertheless, you agree to use our services at your sole risk, and RLJE shall have no liability to you for content that may be found to be offensive, indecent or objectionable. Content types (including genres, sub-genres, and categories and sub-categories and the like) and descriptions are provided for convenience, and you acknowledge and agree that RLJE does not guarantee their accuracy.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of RLJE or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of RLJE and protected by U.S. and international copyright laws. All software used on this site is the property of RLJE or its software suppliers and protected by United States and international copyright laws.
RLJE graphics, logos, page headers, button icons, scripts, and service names are trademarks, or trade dress of RLJE in the U.S. and/or other countries. RLJE's trademarks and trade dress may not be used in connection with any product or service that is not RLJE's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits RLJE. All other trademarks not owned by RLJE that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by RLJE.
RLJE grants you a limited license to access and make personal use of RLJE sites and not to download (other than page caching) or modify the RLJE sites, or any portion thereof, except with express written consent of RLJE. This license does not include any resale or commercial use of the RLJE sites or their contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the RLJE sites or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The RLJE sites or any portion may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of RLJE. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of RLJE without express written consent. You may not use any meta tags or any other "hidden text" utilizing RLJE's name or trademarks without the express written consent of RLJE. Any unauthorized use terminates the permission or license granted by RLJE. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of RLJE so long as the link does not portray RLJE, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any RLJE logo or other proprietary graphic or trademark as part of the link without express written permission.
License to Digital Content. Subject to your payment of any applicable fees (including applicable taxes) to obtain access to Digital Content (as defined below), and your compliance with all other terms we specify for Digital Content, RLJE grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license, during the applicable Viewing Period (defined as the period of time in which you have access to the Digital Content), to access, view, use and display the Digital Content in accordance with the these terms and conditions, for Non-Commercial, Private Use. As used herein, "Non-Commercial, Private Use" means a presentation of Digital Content for which no fee or consideration of any kind (other than that which you pay to us to view the Digital Content) is charged or received, which takes place in your private home or apartment or, if outside your private home or apartment (e.g., in a hotel room, dorm room, office, or airport waiting lounge) is limited to a private viewing for you and your invitees. Non-Commercial, Private Use specifically excludes any public presentation (e.g., a presentation in a dorm lounge) and any presentation by a place of public accommodation or other commercial establishment (e.g., a bar, library or restaurant), even if no fee is charged for viewing the Digital Content. To simplify your viewing and management of Digital Content that has a limited Viewing Period, we may automatically remove that Digital Content from your Compatible Device after the end of its Viewing Period, and you consent to such automatic removal.
Reviews, Comments, Communications, and Other Content
Visitors may post reviews, comments, photos, and other content; and submit suggestions, ideas, comments, questions, or other information ("Feedback"), so long as the Feedback is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. We reserve the right (but not the obligation) to remove or edit such Feedback for these or any other reasons, but does not regularly review posted Feedback. If you do post or submit Feedback, and unless we indicate otherwise, you grant RLJE a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Feedback throughout the world in any media, for no compensation, acknowledgement, or payment to you for any purpose whatsoever. You grant RLJE and sub-licensees the right to use the name that you submit in connection with such Feedback, if they choose. You represent and warrant that you own or otherwise control all of the rights to the Feedback that you post; that the Feedback is accurate; that use of the Feedback you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify RLJE for all claims resulting from Feedback you supply. RLJE has the right but not the obligation to monitor and edit or remove any activity or Feedback. RLJE takes no responsibility and assumes no liability for any Feedback posted by you or any third party.
Unsolicited Materials. RLJE welcomes your comments regarding RLJE products, including RLJE's online services. Unfortunately, however, RLJE's long-standing company policy does not allow it to accept or consider creative ideas, suggestions, or materials other than those it has specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by RLJE's professional staff might seem to others to be similar to their own creative work. Accordingly, we must, regretfully, ask that you do not send us any original creative materials such as stories or character ideas, screenplays, or original artwork. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions, or materials. If, at our request, you send or post certain specific submissions (e.g., via a message boards or contests) or, despite our request that you not send us any other creative materials, you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the Submissions), the Submissions shall be deemed, and shall remain, the property of RLJE. None of the Submissions shall be subject to any obligation of confidence on the part of RLJE, and RLJE shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, RLJE shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature, in perpetuity, throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. Applicable law may restrict or limit the foregoing provisions of this paragraph. If so, without limitation of the foregoing you agree that in no event shall RLJE's liability exceed the amount payable to a writer under the Writers Guild of America Basic Agreement for a network prime time story or teleplay.
RLJE respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify us at inquiries@RLJEntertainment.com. Please provide us with the following information:
A physical signature (or electronic signature) of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
We attempt to be as accurate as possible. However, we do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by us is not as described, your sole remedy is to return it in unused condition.
Any dispute or claim relating in any way to your visit to our sites, products, or services, sold or distributed by RLJE or through RLJE, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
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 of these Terms as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to us at RLJ Entertainment, Inc., Attn: Legal Counsel, 6320 Canoga Avenue, 8th Floor, Woodland Hills, California 91367, USA. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, RLJE will not to seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By visiting RLJE, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the State of California, without regard to its conflict or choice of laws principles, will govern these Terms and any dispute of any sort that might arise between you and RLJE.
We offer digitized versions of movies, television shows, and other video content (collectively, "Digital Content"). You may access and view Digital Content in two different ways: by streaming a copy, or by temporarily downloading a copy. As indicated on the product detail pages, some Digital Content may be available for streaming only and some Digital Content may be available for streaming and temporary download. From time to time, we may add or remove Digital Content and may change the basis on which Digital Content is available. Our services are dynamic services and the specific Digital Content available and amount of Digital Content available will change over time. We make no guarantee as to the availability of specific Digital Content or the minimum amount of 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.
In order to be able to stream or download Digital Content and to view Digital Content, you will need to use a personal computer, portable media player, or other device that meets the system and compatibility requirements that we establish from time to time and is otherwise capable of interacting with the service (each such device, a "Compatible Device"). Some Compatible Devices may be used only to stream Digital Content, some Compatible Devices may be used only to download Digital Content, and some Compatible Devices 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. As a result, devices that are Compatible Devices at one time may cease to be Compatible Devices in the future.
THE NUMBER OF DEVICES ON WHICH YOU MAY SIMULTANEOUSLY WATCH IS LIMITED. The number of users that can stream at the same time will depend on your membership plan. The number of devices available for use and the simultaneous streams may change from time to time at our discretion.
We make no representation that our sites and services, and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than the United States. Those who choose to access the sites from locations outside of the U.S. do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. The availability of content on our sites will vary by geographic location. RLJE will use technologies to verify your geographic location.
You must be 18 years of age, or the age of majority in your province, territory or country, to use our sites. Individuals under the age of 18, or applicable age of majority, may utilize our sites only with the supervision of a parent or legal guardian, under such person's account and otherwise subject to these Terms.
When you stream Digital Content, the 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 streaming the Digital Content and your bandwidth, which may go up and down 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 Digital Content we stream to you 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.
We continually update our service, including the content library. In addition, we continually test various aspects of our service, including our website, user interfaces, service levels, plans, promotional features, availability of movies and TV shows, delivery and pricing. We reserve the right to, and by using our service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our service.
If you need assistance with your account, please visit the help section on the relevant RLJE site. In the event of any conflict between these Terms and information provided by customer support or other portions of our website, these Terms will control.
If any provision or provisions of these Terms shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect
RLJ Entertainment, Inc.
6320 Canoga Avenue, 8th Floor,
Woodland Hills, California 91367, USA