Last updated April 25, 2019
So… we’re going to try to take a different approach here and write in the most open and honest way we can about what we do and what we believe at CHILI TV. Hopefully this will create an open dialogue about how we use your data to help negotiate the best possible deals for you that we possibly can. If you have any questions or comments, we are always listening at email@example.com.
We may post additional terms, rules, or agreements that apply to certain services, applications, activities, and features we offer or provide at or through CHILI TV Site and Products (“Additional Terms”), and you may be subject to such Additional Terms when you access those services, applications, activities and/or features. In the event of any conflict between the terms of the Additional Terms (on the one hand) and these Terms (on the other hand), these Terms shall prevail unless expressly otherwise stated in the Additional Terms, which are intended to supplement, but not replace, these Terms.
Accepting the Terms
By using the Service, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse our websites without registering) or you are a “Member” (which means that you have ordered CHILI TV box and have created an account with CHILI TV). The term “you” or “User” refers to a Visitor or a Member. The term “we” or “our” refers to CHILI TV. You may not use the Service and you may not accept this Agreement if you are not of a legal age to form a binding contract with CHILI TV. If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. If you do not agree to this Agreement, please don’t use the Service.
We really want to make sure you read this next part so we’re going to use all-caps: THIS AGREEMENT CONTAINS (1) AN ARBITRATION PROVISION; (2) A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US; AND (3) A RELEASE BY YOU OF ALL CLAIMS FOR DAMAGE AGAINST US THAT MAY ARISE OUT OF YOUR USE OF THE SERVICE. BY USING THE SERVICE, YOU AFFIRM THAT YOU AGREE TO THESE PROVISIONS.
Privacy and your Personal Information
Description of the Service
As part of the Service, we provide you with free gift cards in exchange for your time to watch occasional advertisements on your TV. As part of the CHILI TV App and TV Box, we allow you to track your daily points progress and redeem CHILI TV points for gift cards within the CHILI TV App. Further details about the CHILI TV App and TV Box are described below. The Service also includes our CHILI TV Points and any other offerings described below.
The Service is provided to you by CHILI TV as a free service and a free rental for CHILI TV Box. If the rented CHILI TV box is lost or severely damaged beyond repair, a $12.99 hardware fee may be incurred depending on the condition of the device or how long our team or our server has lost contact with the CHILI TV box (typically 60 days). If you decide the product is not a good fit, we offer free return. If the device is not returned, a fee of $12.99 will be incurred. If a return shipping label has been generated for you but it has not been used, a fee of $4.99 will be incurred.
We work on your behalf to show you occasional promotions on your TV for gift cards. We make money to sustain the service when you keep watching promotions on your TV.
CHILI TV Box
The CHILI TV Box is a TV box that shows users occasional promotions on users’ TVs. Please carefully read any instructions that come with the TV Box, including instructions that may be available online. In order to make use of any enhanced functionality of your Device, you may have to sign in to your CHILI TV account or open a CHILI TV account if you do not yet have one. Further, you agree to comply with any agreements applicable to your use of the CHILI TV Box or any software on the CHILI TV Box.
You understand that the TV Box may only be compatible with certain hardware accessories manufactured by third parties, and CHILI TV makes no warranty with respect to such third-party hardware accessories or their compatibility with the CHILI TV.
CHILI TV App
The CHILI TV App is a mobile application that allows you to set up CHILI TV Box and track your daily reward points and redeem gift cards.
CHILI TV Points
CHILI TV rewards members points that we call “CHILI TV Points” for completing a certain action using the Service, such as watching promotions we serve. We can afford to give you CHILI TV Points because these promotions and advertisements are designed to share with you a portion of a commission paid by a advertise to us. As such we can only provide CHILI TV Points to you when promotions are viewed on your TV and after we are paid by advertisers. If we are not paid by any of our advertising partners, then CHILI TV shall have no obligation to provide any CHILI TV Points to you that it was not paid for. It usually takes 30 days for us to get paid, hence why the CHILI TV Points will say pending for 30 days before you can redeem for gift cards. The minimal redeemable amount is 1,000 CHILI TV Points for $10 gift cards. Additionally, you must be a Member or registered user in order to participate in the CHILI TV Point program. We might rely on additional third party tracking systems and if we cannot track points was properly recorded we will be unable to give you CHILI TV Points. That said, if you have any trouble please contact us at firstname.lastname@example.org and we will try to figure out what went wrong.
In our sole discretion we may choose to award you CHILI TV Points if you provide enough information. Please note that to prevent abuse your account may become ineligible for CHILI TV Points if we detect any abuse of our Service. Basically, we’re going to try to be good people and we hope you choose to do the same. This only works if everyone plays fairly.
You have no property interest in CHILI TV Points or any other similar rewards we may offer under our Rewards Programs. CHILI TV Points is not transferable and can expire as further explained below.
Expiration of CHILI TV Points
To maintain your CHILI TV Points points, you must earn at least 100 CHILI TV Points points during each consecutive 12-month period. If you do not earn at least 100 new CHILI TV Points in each 12-month period, your CHILI TV Points balance will automatically reset to zero (0). You agree that any disputes about whether your CHILI TV Points should expire will be resolved by CHILI TV in its sole discretion, and you agree to abide by CHILI TV’s resolution of such dispute.
Although we offer the CHILI TV Box for free to our active users, users are liable for the $4.99 shipping cost for us to mail the device to you. If the device is never activated or used upon receiving, we reserve the right to take further actions as indicated below.
If you decide the product is not a good fit, we offer free return. If the device is not returned, a fee of $12.99 will be incurred. If a return shipping label has been generated for you but it has not been used, a fee of $4.99 will be incurred. You can contact us at email@example.com to ship the TV Box back to us should you wish you no longer want to rent the CHILI TV Box to make gift cards on your TV. We will only approve the return and refund the $12.99 charge if the device is in working conditions without any damage once we receive the rental CHILI TV Box.
Device Associated with Deactivated Account
You will be charged $12.99 fee for the CHILI TV Box cost if you contact us and indicate you wish to delete your account and no longer wish to rent the CHILI TV Box. You can contact us to ship the TV Box back to us. We will only approve the return and refund the $12.99 charge if the device is in working conditions without any damage.
CHILI TV is offering our users the opportunity to refer friends via a referral program (“Program”).
- How the Program Works.
Using the Platform, you can follow the on-screen instructions to refer friends, family members or colleagues whom you personally know (“Friends”). Users may refer a maximum of 100 Friends throughout the entirety of the Program. Once an individual makes a referral, he/she becomes a “Referrer” and will be provided with a unique referral link (“Personal Link”) that allows him or her to receive the benefit or reward advertised on the Platform, as applicable. Referred Friends must have an active device running for 7 days before you get the referral bonus points.
Referrers cannot refer themselves or create multiple, fictitious or fake accounts with the Company. No User may use the Program to violate any law, infringe or violate the rights of any third party, or otherwise act in a manner that is deemed harassing, harmful, illegal, hateful, obscene or outside the spirit and intent of the Program. In addition, you may not (i) tamper with the Program, (ii) act in an unfair or disruptive manner, or (iii) use any system, bot or other device or artifice to participate or receive any benefit in the Program. This includes but is not limited to a general prohibition on posting of the referral codes on any website which offers the referral code to anyone other than Friends, i.e. individuals to whom you personally know. If we believe that a referral code associated with a User’s account was used in such a manner, we have the right to remove all credit associated with that account and remove the User from the CHILI TV Platform. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE COMPANY RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
By making a Valid Referral (defined below), you will receive a reward and your Friend will receive a reward (each, a “Referral Reward”) on the Platform, subject to the restrictions set forth below. In order to qualify as a “Valid Referral”, your Friend must not be an existing User of the Platform and must be a first-time User of the Service as a result of your referral. You can earn a maximum of $500 in rewards from Valid Referrals. These rewards may be redeemed in gift cards forms in the Company’s sole discretion. Rewards are subject to verification. The Company may delay a reward for the purposes of investigation. The Company may also refuse to verify and process any transaction for any reason. Unless otherwise stated, rewards have no monetary value and may not be redeemed for cash. They are not transferable and may not be auctioned, traded, bartered or sold. Please refer to the Terms of Service for additional billing and payment information.
- Bulk Distribution (“Spam”).
Each Referrer is the actual sender of the emails and must comply with applicable law. Referrals must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues and family members. By submitting any email address as part of the Program, the Referrer represents that he/she has the appropriate permission and consent. Bulk email distribution, distribution to strangers, or any other use of the services described herein in a manner that is not promoted is expressly prohibited and may be grounds for immediate removal from the Platform and further legal action. The Company has no obligation to monitor the Program or any communications; however, the Company may choose to do so and block any chat messages, remove any such User Generated Content, or prohibit any use of the Program. Referrers who do not comply with the law, including anti-spam laws, are obligated to indemnify the Company against any liabilities, costs and expenses it incurs as a results of such spam.
- Right to Cancel, Modify or Terminate.
We reserve the right to cancel, modify or terminate the Program at any time for any reason. We reserve the right to disqualify any User at any time from participation in the Program if we have a good faith belief that he/she has violated any of these Terms.
Your Registration Information
You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your Login ID email address, allows you to access the Service. That Login ID and password, together with any mobile number or other contact information you provide form your “Registration Information.”
By providing us with your email address, you agree to receive all required notices electronically, to that email address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the email or through a link to the appropriate page on our site, accessible through any standard modern, commercially available internet browser. We may also use your email address to contact you about our services that may be of interest to you. If you do not want us to use your information in this way, please check the relevant box located on the form on which we collect your data, adjust your user preferences in your account profile in the App.
If you become aware of any unauthorized use of your Registration Information, you agree to notify CHILI TV immediately.
Your Use of the Service
Your right to access and use the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use our Service for lawful, internal, and non- commercial purposes. Subject to your compliance with this Agreement, CHILI TV hereby grants to you, a personal, worldwide, non-assignable, non-sublicensable, non-transferrable, and non-exclusive license to use the software and content provided to you as part of the Services (and to download a single copy of the CHILI TV App onto your personal mobile device).
Accurate records enable CHILI TV to provide the Service to you. In order for the Service to function effectively, you must also keep your Registration Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Service to you will be affected.
Your access and use of the Service may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Service or other actions that CHILI TV, in its sole discretion, may elect to take.
You agree that CHILI TV may use your feedback, suggestions, or ideas in any way, including in future modifications of the Service, other products or services, advertising or marketing materials. You grant CHILI TV a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully paid-up, royalty free license to use the feedback you provide to CHILI TV in any way.
As a part of the CHILI TV community, you agree and authorize CHILI TV to collect information that is used to create a better user experience for you and other CHILI TV users. In the future we may offer personalization options in our advertisements that utilize knowledge based on the information you share with us to present relevant content. As we explore ways to use data to build more powerful product experiences we may provide ways to opt out of this data collection, though it may result in degraded product capabilities if such data is required to provide the product experience.
You represent, warrant, and agree that you will not contribute any content or otherwise use the Services or interact with the Services in a manner that:
- Infringes or violates the intellectual property rights or any other rights of anyone else (including CHILI TV);
- Violates any law or regulation or this Agreement;
- Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
- Jeopardizes the security of your CHILI TV account or anyone else’s (such as allowing someone else to log in to the Services as you);
- Attempts, in any manner, to obtain the password, account, or other security information from any other user;
- Violates the security of any computer network, or cracks any passwords or security encryption codes;
- Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure) or that would bypass the navigational structure or presentation of the Service;
- “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
- Copies or stores any significant portion of the Content;
- Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services; or
- Circumvent, removes, alters, deactivates, degrades or thwarts any technological measure or content protections of the Service.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
CHILI TV may from time to time provide automatic alerts and voluntary account-related alerts. Our basic operating point of view is to do everything we possibly can to avoid annoying you so wherever possible we will minimize unnecessary alerts and provide configuration switches to limit unwanted communications.
Automatic alerts may be sent to you following certain changes made online to your CHILI TV account, such as a change in your Registration Information.
Voluntary account alerts may be turned on by default as part of the Service. They may then be customized, deactivated or reactivated by you. These alerts allow you to choose alert messages for your accounts. CHILI TV may add new alerts from time to time, or cease to provide certain alerts at any time upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options upon activation of your alerts service.
Electronic alerts will be sent to the email address you have provided as your primary email address for the Service. If your email address changes, you are responsible for informing us of that change. Changes to your email address will apply to all of your alerts.
Because alerts are not encrypted, we will never include your passcode. However, alerts may include your CHILI TV login information and some information about your accounts. Anyone with access to your email will be able to view the content of these alerts. At any time you may disable certain alerts, although we may still send you Service-related notices as needed to allow us to provide you the Service.
As part of the CHILI TV App and to update you regarding the status of deliveries, you may receive push notifications, local client notifications, text messages, picture messages, alerts, emails or other types of messages directly sent to you outside or inside the CHILI TV App (“Push Messages”). You acknowledge that, when you use the CHILI TV App, your wireless service provider may charge you fees for data, text messaging and/or other wireless access, including in connection with Push Messages. You have control over the Push Messages settings, and can opt in or out of these Push Messages through the CHILI TV App or through your mobile device’s operating system (with the possible exception of infrequent, important service announcements and administrative messages). Please check with your wireless service provider to determine what fees apply to your access to and use of the CHILI TV App, including your receipt of Push Messages from CHILI TV.
Rights you Grant to us
By submitting information, data, passwords, usernames, PINs, other log-in information, materials and other content to CHILI TV through the Service, you are licensing that content to CHILI TV solely for the purpose of providing the Service. CHILI TV may use and store the content, but only to provide the Service to you. By submitting this content to CHILI TV, you represent that you are entitled to submit it to CHILI TV for use for this purpose, without any obligation by CHILI TV to pay any fees or other limitations.
CHILI TV’s Intellectual Property Rights
The contents of the Service, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of the Service belong or are licensed to CHILI TV or its software or content suppliers. CHILI TV grants you the right to view and use the Service subject to these terms. You may download or print a copy of information provided in the Service for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from the Service in whole or in part for any other purpose is expressly prohibited without our prior written consent. If you would like to request such permission, shoot us an email at firstname.lastname@example.org.
Access and Interference
You agree that you will not do stuff to make it harder for other users to enjoy our Service. We’d prefer not to have to list all of these things here, so don’t make us.
Rules for Posting Content
As part of the Service, CHILI TV may allow Members to post content on various publicly available locations in the Service (“User Content”). You agree in posting User Content to follow the following rules:
- You are responsible for all User Content you submit to the Service.
- By submitting User Content to us, you represent that you have all necessary rights and hereby grant us a perpetual, worldwide, irrevocable, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the User Content in connection with the Service and our business, including without limitation for promoting and redistributing part or all of the site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User a non-exclusive license to access and use your User Content through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content as permitted through the functionality of the Service and under this Agreement.
- You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
- You may not interfere with other Users’ use of the Service, including, without limitation, disrupting the normal flow of dialogue in an interactive area of the Service, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Service infrastructure or that negatively affects the availability of the Service to others.
Disclaimer of Representations and Warranties
WE THOUGHT IT WOULD BE A GOOD IDEA TO INCLUDE A SECTION THAT IS IN ALL CAPS TO GET YOUR ATTENTION SO HERE IT GOES:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICE OR PROVIDED THROUGH THE SERVICE (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. CHILI TV MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SERVICE OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
CHILI TV MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SERVICE OR OF THE SERVICE (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. CHILI TV MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. YOU ARE RESPONSIBLE FOR ENSURING THE ACCURACY OF ANY USER CONTENT THAT YOU PROVIDE, AND WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY FOR THE ACCURACY OF SUCH CONTENT.
You understand and agree that any alerts provided to you through the Service may be delayed or prevented by a variety of factors. CHILI TV does its best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that CHILI TV shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
Limitations on CHILI TV’s Liability
HERE WE GO AGAIN:
CHILI TV SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE SERVICE, YOUR USE OF THE SERVICE OR THIS AGREEMENT, OR FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED ON OR THROUGH THE SERVICE, EVEN IF CHILI TV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, CHILI TV’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF CHILI TV SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. THEREFORE, THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. NOTHING IN THIS AGREEMENT AFFECTS STATUTORY RIGHTS THAT CANNOT BE WAIVED OR LIMITED BY CONTRACT.
Your Indemnification of CHILI TV
You shall defend, indemnify and hold harmless CHILI TV and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorneys fees, in whole or in part arising out of or attributable to your use of the Service (including any payment you make to receive the CHILI TV box and any subsequent charge if your CHILI TV box has been inactive for more than 60 days) or any breach of this Agreement by you or your violation of any law or the rights of a third party when using the Service.
Ending your Relationship with CHILI TV
This Agreement will continue to apply until terminated by either you or CHILI TV as set out below. If you want to terminate your legal agreement with CHILI TV, you may do so by closing your account for the Service.
Please use the directions below to cancel your account, only if you have registered to be a Member. Otherwise just uninstall CHILI TV App and stop visiting our Website and using other Services.
Email email@example.com to cancel your account. Upon doing so:
- your account will be closed, your CHILI TV Points account will be zeroed out, and your ability to log in deactivated; and
- You will be charged $12.99 fee for the CHILI TV Box or you can contact us to ship the TV Box back to us. We will only approve the return if the device is in working conditions without any damage.
CHILI TV may at any time, terminate its legal agreement with you:
- if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement);
- if CHILI TV in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or
- immediately upon notice, to the email address provided by you as part of your Registration Information.
CHILI TV may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Website(s). In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.
ARBITRATION CLAUSE & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
Arbitration. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THIS AGREEMENT, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF CALIFORNIA. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
If you wish to begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to firstname.lastname@example.org.
As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. BY AGREEING TO THIS ARBITRATION CLAUSE & CLASS ACTION WAIVER, YOU AND CHILI TV ARE GIVING UP THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM THAT EACH SIDE MAY HAVE AGAINST THE OTHER INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with this Agreement. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or this Agreement must be filed within one (1) year after such claim of action arose or be forever banned.
If you do not want to arbitrate disputes with CHILI TV and you are an individual, you may opt out of this ARBITRATION CLAUSE & CLASS ACTION WAIVER by sending an email to email@example.com within thirty (30) days of the first of the date you access or use the Service. Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.
Governing Law and Forum for Disputes
This Agreement, and your relationship with CHILI TV under this Agreement, shall be governed by the laws of the State of New York in the United States of America without regard to its conflict or choice of laws provisions. Any dispute with CHILI TV, or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively as specified in the ARBITRATION CLAUSE & CLASS ACTION WAIVER clause above, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case CHILI TV may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, CHILI TV is able to offer the Service at the terms designated, with little or no charge to you, and that your assent to this provision is an indispensable consideration to this Agreement.
You also acknowledge and understand that, with respect to any dispute with CHILI TV, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement (LAST TIME FOR ALL CAPS, PROMISE):
- YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
- YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
Copyright Disputes and User Content
You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like CHILI TV, being asked to remove user generated material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable User Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers. To learn more about the DMCA, here.
California Consumer Rights Notice
California Consumer Rights Notice. Under California Civil Code Section 1789.3, California users of the Service receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952- 5210.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
You agree that if CHILI TV does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which CHILI TV has the benefit of under any applicable law), this will not be taken to be a formal waiver of CHILI TV’s rights and that those rights or remedies will still be available to CHILI TV.
All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.
CHILI TV welcomes comments, questions, concerns, or suggestions. Please send us feedback by emailing us at firstname.lastname@example.org.