TERMS OF SERVICE
[Updated September 20, 2019]
Multicom Entertainment Group (“Multicom”, “We”, “Us”, or “Our”) provides a personalized subscription, advertiser supported, free, and transactional service that allows our viewers, members, and customers to access digital web series, digital shorts, films, televisions series, music and music videos (“Multicom Content”) streamed over the Internet to certain Internet-connected TV’s, computers and other devices (“Multicom Ready Devices”).
As used in these Terms of Service, “Multicom service”, “our service” or “the service” means the personalized service provided by Multicom for discovering and watching Multicom content, including all features and functionalities, all viewing options, including subscription, ad-supported, free, and rental or purchase, recommendations and reviews, the website, and user interfaces, as well as all content and software associated with our service.
YOU AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN SECTION 7 TO RESOLVE ANY DISPUTED WITH MULTICOM (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT).
- Subscription Membership
- Your Multicom subscription membership will continue either month-to-month or yearly and will automatically renew until terminated. To use the Multicom subscription service you must have Internet access and a Multicom Ready Device and provide us with one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party. You must cancel the membership before it renews each month in order to avoid billing of the next month’s or year’s membership fees to your Payment Method (see “Cancellation” below).
- We may offer a number of membership plans, including special promotional plans or memberships offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. Some membership plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your Multicom membership by visiting our application and clicking on the “Account” tab link.
- Billing and Cancellation
- Billing Cycle. The membership fee for the Multicom service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged on either a monthly or yearly basis to your Payment Method on the calendar day corresponding to the commencement of the paying portion of your membership until your membership is cancelled. Membership fees are fully earned upon payment. In some cases your payment date may change, for example if your Payment Method has not successfully settled or if your paid membership began on a day not contained in a given month. We may authorize your Payment Method in anticipation of membership or service-related charges through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.
- Payment Methods. To use the Multicom subscription service you must provide one or more Payment Methods. You can update your Payment Methods by going to the “Account” tab link and clicking “Manage Subscription”. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s). You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.
- Cancellation. You can cancel your Multicom subscription membership at any time, and you will continue to have access to the Multicom service through the end of your monthly or yearly billing period. We do not provide refunds or credits for any partial-month or partial-year membership periods or unwatched Multicom content. To cancel visit log in to your account on the website or app and click “Cancel Account.” If you signed up for Multicom using your account with a third party as a Payment Method and wish to cancel your Multicom subscription, you may need to do so through that third party. You may also find billing information about your Multicom subscription by visiting your account with the applicable third party.
- Changes to the Price and Subscription Plans. We reserve the right to change our subscription plans or adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise provided for in these Terms of Service, any price changes or changes to your subscription plan will take effect following notice delivered to you.
- No Refunds. Payments are nonrefundable and there are no refunds or credits for partially used payments. Following any cancellation, however, you will continue to have access to the service through the end of the 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 or similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
- Multicom Service
- You must be 13 years of age to become a member of the Multicom service. Individuals under the age of 18, or the applicable age of majority in your province, territory, or country, however, may utilize the service only with the permission of a parent or legal guardian and otherwise subject to these Terms of Service. Please have him, her, or they/them read these Terms of Service with you.
- Warning. Even if you are old enough to use the Multicom service and/or have your parent’s or guardian’s permission, some of the content available within the Multicom service may not be appropriate for you. Some content may contain “R-rated” material, nudity, profanity, and mature subject matter. If you are under 18, do not view such content.
- Notice to Parents and Guardians. By granting your child or legal dependent permission to use the Multicom service, you agree to the terms of these Terms of Service on behalf of your child or legal dependent. You are responsible for monitoring and supervising your child’s or legal dependent’s use of the Multicom service. If your child is using the Multicom service and is either under the age of 13 or does not have your permission, please contact us immediately so that we can disable his or her access. If you have any questions about whether the Multicom service is appropriate for your child, do not hesitate to contact us.
- The Multicom service and any content viewed through our service are for your personal and non-commercial use only and may not be shared with individuals beyond your household. With your Multicom subscription, we grant you a limited, non-exclusive, non-transferrable right to access the Multicom service and to view Multicom content through the service. Except for the foregoing, no right, title, or interest shall be transferred to you. You agree to not use the service for public performances.
- Restrictions. Except as expressly permitted by Multicom in writing, you will not scrape, reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Multicom service or any source code therein. Nor will you attempt to circumvent any of Multicom’s technical measures or take any measures to interfere with or damage the Multicom service. All rights not expressly granted by Multicom are reserved.
- You may view Multicom content primarily within the country in which you have established your account and only in geographic locations where we offer our service and have licensed such content.
- The Multicom service, including the content library, is regularly updated. In addition, we continually test various aspects of our service, including but not limited to our website, user interfaces, promotional features and availability of Multicom content.
- You agree to use the Multicom service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. Except as explicitly authorized in these Terms of Service, you agree not to archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the Multicom service. You also agree not to circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Multicom service; use any robot, spider, scraper or other automated means to access the Multicom service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Multicom service; insert any code or product or manipulate the content of the Multicom service in any way; or use data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Multicom service, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of our service if you violate these Terms of Service or are engaged in illegal or fraudulent use of the service.
- The quality of the display of the Multicom content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. HD, Ultra HD and HDR availability is subject to your Internet service and device capabilities. Not all content is available in all formats. Default playback settings on cellular networks exclude HD, Ultra HD and HDR content. The minimum connection speed for SD quality is 0.5 Mbps; however, we recommend utilizing a faster connection for improved video quality. A download speed of at least 5.0 Mbps per stream is recommended to receive HD content, and a download speed of at least 25.0 Mbps per stream is recommended to receive Ultra HD and HDR content. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. Multicom makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching Multicom content will vary based on a number of factors, including your location, available bandwidth at the time, the Multicom content you have selected and the overall configuration of your Multicom-compatible devices.
- Multicom may solely be used for authorized streaming and viewing of content from Multicom through Multicom-compatible devices. This may vary by device and medium, and functionalities may also differ between devices. By using our service, you agree to receive, without further notice or prompting, updated versions of Multicom and related third-party software. If you do not accept the foregoing terms, please do not use our service.
- By using our service, you agree to look solely to the entity that manufactured and/or sold you the Multicom-compatible device for any issues related to the device and its compatibility with the Multicom service. We do not take responsibility or otherwise warrant the performance of Multicom-compatible devices, including the continued compatibility with our service. If your Multicom-compatible device is sold, lost or stolen, please deactivate the Multicom-compatible device. If you fail to log out or deactivate your device, subsequent users may access the Multicom service through your account and may be able to access certain account information of yours.
- Passwords and Account Access
- The member who created the Multicom account and whose Payment Method is charged (“the Account Owner”) has access and control over the Multicom account and the Multicom-compatible devices that are used to access our service and is responsible for any activity that occurs through the Multicom account. To maintain control over the account and prevent anyone from accessing the account (which could include information on viewing history for the account), the Account Owner should maintain control over the Multicom Ready Devices that are used to access the service and not reveal the password or details of the Payment Method associated to the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, Multicom or any third-parties from identity theft or fraudulent activity. Multicom is not obligated to credit or discount a subscription for holds places on the account by either a representative of Multicom or by the automated processes of Multicom.
- Account Security: You are responsible for all activity that occurs under your account, including any activity by authorized or unauthorized users. You must not allow others to use your account credentials and you must safeguard the confidentiality of those credentials. If you are using a computer that others have access to, you must log out of your account after using the Multicom service. If you become aware of an unauthorized access to your account, you must change your password and notify us immediately.
- Multicom reserves the right to modify the Multicom service. You are responsible for providing your own access (e.g. computer, mobile device, Internet connection, etc.) to the Multicom service. Multicom does not guarantee that any content available on the Multicom service is suitable for all users.
- Multicom provides the Multicom service on an “as is” and “as available” basis. You therefore use the Multicom service at your own risk. Multicom expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Multicom makes no representations or warranties (i) that the Multicom service will be permitted in your jurisdiction, (ii) that the Multicom service will be uninterrupted or error-free, (iii) concerning any content submitted by any individual, (iv) concerning any third party’s use of content that is submitted to Multicom, (v) that any content submitted will be made available on the Multicom service or will be stored by Multicom, (vi) that the Multicom service will meet your business or professional needs, (vii) that Multicom will continue to support any particular feature of the Multicom service, or (viii) concerning sites and resources outside of the Multicom service, even if linked to from the Multicom service.
- To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Multicom service, and no warranties shall apply after such period.
- Limitation of Liability
- To the maximum extent permitted by law, Multicom shall not be liable for (i) any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses, or (ii) damages relating to any materials or content on the Multicom service, including without limitation, defamatory, offensive or illegal materials or content on the Multicom service, even if foreseeable. This limitation applies to all claims, whether based on warranty, contract, tort, or any other legal theory, and whether or not Multicom has been informed of the possibility of such damage, and further where a remedy set forth herein is found to have failed its essential purpose.
- Note. Some jurisdictions do not allow the exclusion of certain warranties or the limitation of exclusion of liability for certain types of damages. Therefore, some of the above limitations may not apply to you. Nothing in these Terms of Service shall affect any non-waivable statutory rights that apply to you.
- Arbitration Agreement
- If you are a Multicom subscriber in the United States (including its possessions and territories), you and Multicom agree that any dispute, claim or controversy arising out of or relating in any way to the Multicom service, these Terms of Service and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award and nothing in this Arbitration Agreement shall be interpreted as limiting any non-waivable statutory rights. You agree that, by agreeing to these Terms of Service, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Multicom are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive these Terms of Service and the termination of your Multicom membership.
- Except as otherwise provided herein, all disputes which arise pursuant to any breach or alleged breach of these Terms of Service shall be submitted to American Arbitration Association (“AAA”), a national alternative dispute resolution (“ADR”) company, in Los Angeles, California. AAA will have full discretion to choose a neutral and impartial arbitrator, experienced in ADR as well as in the issues underlying the dispute (“Arbitrator”). The Arbitrator will have full and binding authority to evaluate any and all disputes between the Parties, and to determine the best method to resolve said disputes, whether through mediation, mini-trial or arbitration, and to issue final and binding decisions fully resolving all disputes. The Parties agree that ADR is proper to resolve such dispute, and each waives its right to a jury trial. Any award made by the Arbitrator shall be enforceable in a court of law as if rendered by that court.
- If you elect to seek arbitration or file a small claim court action, you must first send to Multicom, by certified mail, a written Notice of your claim (“Notice”). The Notice to Multicom must be addressed to: Multicom Entertainment Group, Inc., c/o Business and Legal Affairs, 8530 Wilshire Blvd., Suite 550, Beverly Hills, CA 90211 (“Notice Address”). If Multicom initiates arbitration, it will send a written Notice to the e-mail address used for your membership account. A Notice, whether sent by you or by Multicom, must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). If Multicom and you do not reach an Agreement to resolve the claim within 30 days after the Notice is received, you or Multicom may commence an arbitration proceeding or file a claim in small claims court.
- YOU AND MULTICOM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Multicom agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
- Third Party Copyrights and Other Rights
- Multicom respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in our Copyright and DMCA Policy, which is incorporated into this Agreement. Please review our Copyright and DMCA Policy for further understanding of the process. For other intellectual property claims, please send us a Notice of your claim at Multicom Entertainment Group, Inc., c/o Business and Legal Affairs, 8530 Wilshire Blvd., Suite 550, Beverly Hills, CA 90211.
- Governing Law. This Agreement and any action related thereto will be governed by the laws of the State of California without regard to conflict of law provisions.
- Term. This Agreement begins on the date you first use the Multicom service and continues as long as you have an account with us.
- Entire Agreement: This Agreement incorporates the following documents by reference:
- Copyright and DMCA Policy
- Termination for Breach: Multicom may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if Multicom determines that you have violated an y provision of this Agreement or that your conduct or content would tend to damage Multicom’s reputation and goodwill. If Multicom deletes your account for the foregoing reasons, you may not re-register for the Multicom service. Multicom may block your e-mail address and Internet protocol address to prevent further registration.
- Feedback. Multicom is free to use any comments, information, ideas, concepts, reviews, or techniques or any material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to the Multicom service, including the Multicom website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Multicom service. In addition, you agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law.
- Survival. If any provision or provisions of these Terms of Service 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.
- Changes to Terms of Service and Assignment. Multicom may, from time to time, change these Terms of Service. Such revisions shall be effective immediately; provided however, for existing members, such revisions shall, unless otherwise stated, be effective 30 days after posting. We may assign our Agreement with you to any affiliated company or to any entity that succeeds to all or substantially all of our business or assets related to the applicable Multicom service.
- Communication Preferences. We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic from only, for example via emails to your email address provided during registration. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
- Contact Us. If you have any issues with your billing for your Multicom subscription please email us at ChannelSupport@multicom.tv. For all other inquiries please email us at legal@Multicom.tv.