TERMS

Effective as of OCOBER 01, 2023

Thank you for your interest in and use of our products, services, software, Activities, Apps, Content, User Content, and Video Player contained or accessible therein and as described further below (the “BeyondTv Network”). BeyondTv Network, LLC. (“BeyondTv”, “we”, “us”, or “our”) provides these BeyondTv Network Services to you (“you” or “your”), subject to the terms contained in this BeyondTv Network Terms of Use (this “Terms of Use”). Please read these Terms of Use and our Privacy Policy, available at https://www.beyondprivacypolicy.com (“Privacy Policy”), carefully because they govern your access and use of the BeyondTv Network Services. 

The BeyondTv Network Services offer you the ability to select television shows, movies, clips, and other audio-video content (collectively, the “Content”) for viewing through our player (the “Video Player”), in addition to any other features, tools, applications, materials, community pages, Messaging services, Social Features, Posting User Content, contests, promotions, sweepstakes, games and other services (individually and collectively, the “Activities”). The BeyondTv Network Services are accessible via our website located at www.beyondtvnetwork.com and our applications available on certain mobile, television, and other consumer electronic device (the “Apps”, and each, an “App”).

By visiting, accessing, or using any of the BeyondTv Network Services, you agree to be bound by these Terms of Use. It is important that you carefully read through these Terms of Use and also whenever we update them or whenever you access or use the BeyondTv Network Services. If you have any questions or comments about these Terms of Use, please submit your questions at www.beyondtvnetwork.com….Support Tab “Report an issue/Get help” then “Terms of Use & Privacy Policy” from the list of available topics. If you have general questions about BeyondTv Network Services or how to use it, please visit our Support Center at www.beyondtvnetwork.com.

IMPORTANT NOTICE REGARDING DISPUTE RESOLUTION: BY ACCESSING AND/OR USING ANY BEYONDTV NETWORK SERVICES YOU AND WE AGREE TO BE BOUND BY THESE TERMS OF USE (WITH LIMITED EXCEPTIONS) AND TO RESOLVE ANY DISPUTE BETWEEN US THROUGH A DISPUTE RESOLUTION PROCEDURE DESCRIBED IN SECTION 11 BELOW. YOU AND BEYONDTV NETWORK WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN CONNECTION WITH SUCH DISPUTES. PLEASE REVIEW CAREFULLY SECTION 11 TITLED “INFORMAL DISPUTE RESOLUTION PROCEDURE, ARBITRATION AGREEMENT, AND CLASS ACTION WAIVER” BELOW FOR DETAILS REGARDING THIS DISPUTE RESOLUTION PROCEDURE (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION).

1. CHANGES TO THE TERMS OF USE BY BEYONDTV NETWORK

BeyondTv Network Services may modify these Terms of Use at any time by posting the modified Terms of Use on the BeyondTv Network Services (available at www.beyondtvnetwork.com/terms). Any modification to these Terms of Use will be effective upon posting on BeyondTv Network. Your continued access and/or use of the BeyondTv Network Services after any such modification is posted constitutes your acknowledgement and acceptance of the Terms of Use, as modified. If you do not agree to be bound by the modified Terms of Use you may not access or otherwise use the BeyondTv Network Services. Because the BeyondTv Network Services are evolving over time, we may change or discontinue all or any part of the BeyondTv Network Services, at any time and without advance notice, at our sole discretion and without liability to you. BeyondTv Network may also impose limits on certain features and/or Activities offered via the BeyondTv Network Services or restrict your access to parts or all of the BeyondTv Network Services without notice or liability.

2. ACCESS AND USE OF THE BEYONDTV NETWORK SERVICES AND CONTENT

a. Age Limitations and Restrictions. The BeyondTv Network Services are not directed to nor intended to be accessed or used by children under the age of 13. If you are under the age of 13, you are not permitted to access, use, or create an Account to use the BeyondTv Network Services or to otherwise provide your personal information to BeyondTv Network. If you are at least 13 and under 18 years of age, you may use or create an Account with BeyondTv Network only if you have the consent of your parent or guardian, in which case your parent or guardian will be required to consent to these Terms of Use on your behalf. Access to Content, User Content, or Activities may be restricted due to age appropriateness, technical, or other legal considerations determined in BeyondTv Network’s sole discretion. Accessing the BeyondTv Network Services, including any Content or User Content contained therein, from or within territories where BeyondTv Network does not offer the BeyondTv Network Services is prohibited.

b. Registration and Your Information.

i. If you want to use certain features of or participate in certain Activities, including Social Features on the BeyondTv Network Services you will need to create an account (“Account”). You can do this with your email address, or using your account with certain third-party social networking services such as Google and Apple (each, an “SNS Account”). If you choose the SNS Account option, please note that we will create your Account by extracting from your SNS Account certain personal information such as your name and email address, and other personal information that your privacy settings on the SNS Account permit us to access.

ii. It is important that you provide us with accurate, complete, and up-to-date information for your Account, and you agree to update such information to keep it accurate, complete, and up-to-date. If you do not, we may suspend or terminate your Account. You agree that you will keep your password and Account information secure, that you will not disclose your Account password to anyone else, and you will notify us immediately of any unauthorized use of your Account. You are responsible for all inaccuracies in your Account information and all activities that occur under your Account, regardless of whether or not you know about them.

c. BeyondTv Network Limited License. Subject to your compliance with these Terms of Use, BeyondTv Network grants you a limited, revocable, non-exclusive, non-transferable license, with no right to sublicense, to view and use the BeyondTv Network Services, as we have intended, in connection with your permitted use thereof, including (i) accessing and viewing (1) User Content, and (2) Content on a streaming-only basis through the Video Player, and (ii) accessing, using, and/or participating in any Activities, all solely for personal, non-commercial purposes as set forth in these Terms of Use.

d. The Content. The Content is available for permissible viewing on or through the BeyondTv Network Services.

You may only access and view the Content personally and for non-commercial purposes in compliance with these Terms of Use. You may not either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content, BeyondTv Network Services or any digital rights management mechanism, device, or other content protection or access control measure associated with the BeyondTv Network Services or the Content, including geo-filtering mechanisms. You may not use technologies to access or use the BeyondTv Network Services or Content from or within territories where BeyondTv Network does not have rights nor offers the BeyondTv Network Services. You may not either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, make available, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the BeyondTv Network Services or Content unless expressly permitted by BeyondTv Network in writing. You may not incorporate the Content into, or stream or retransmit the Content via any hardware or software application or make it available via frames or inline links unless expressly permitted by BeyondTv Network in writing. Furthermore, you may not create, recreate, distribute, or advertise an index of any portion of the Content unless authorized by BeyondTv Network in writing. You may not seek to develop, build, or otherwise promote a business, product, or service utilizing the BeyondTv Network Services or the Content, whether or not for profit. The BeyondTv Network Services and Content covered by these restrictions includes without limitation any text, graphics, layout, interface, technology, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the BeyondTv Network Services or the Content, including without limitation montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by BeyondTv Network in writing. The foregoing prohibitions apply even if you intend to give away the derivative materials free of charge.

e. The Video Player. You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of the Video Player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Video Player. This restriction includes, without limitation, disabling, reverse engineering, modifying, interfering with or otherwise circumventing the Video Player in any manner that enables users to view the Content without: (i) displaying visibly both the Video Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the webpage where the Video Player is located; and (ii) having full access to all functionality of the Video Player, including, without limitation, all video quality and display functionality and all interactive, elective, or click-through advertising functionality.

f. The Apps.

i. Subject to your compliance with these Terms of Use, BeyondTv Network grants you a limited, revocable, non-exclusive, non-transferable license, with no right to sublicense, to download and install a copy of the Apps on a consumer electronics device (e.g., a mobile phone, tablet, television, or computer) that you own or control, and to run such single copy solely for your own personal, non-commercial purposes on such consumer electronics device.

ii. You may not copy an App, except to make a copy for backup or archival purposes. Except as expressly permitted in these Terms of Use, you may not: (1) copy, modify or create derivative works based on the Apps; (2) distribute, transfer, sublicense, lease, lend or rent the Apps to any third party; (3) reverse engineer, decompile or disassemble the Apps; or (4) make the functionality of the Apps available to multiple users through any means. BeyondTv Network reserves all rights in and to the Apps not expressly granted to you under these Terms of Use.

g. Accessing Apps from App Store. The following terms apply to any App accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the App may now or in the future be made available (each an “App Provider”). You acknowledge and agree that:

i. These Terms of Use are concluded between you and BeyondTv Network, and not with the App Provider, and BeyondTv Network (not the App Provider), is solely responsible for the App.

ii. The App Provider has no obligation to furnish any maintenance and support services with respect to the App.

iii. In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of BeyondTv Network.

iv. The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App, or your possession and use of the App, including, but not limited to: (1) product liability claims; (2) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.

v. In the event of any third-party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, BeyondTv Network will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Use.

vi. The App Provider, and its subsidiaries, are third-party beneficiaries of these Terms of Use as related to your license to the App, and that, upon your acceptance of the Terms of Use, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use as related to your license of the App against you as a third-party beneficiary thereof.

vii. You represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

viii. You must also comply with all applicable third-party terms of service when using the App.

h. Ownership. As between you and BeyondTv Network and/or BeyondTv Network’s licensors exclusively own, control and retain all right, title, and interest in and to the BeyondTv Network Services and the Content, including all associated intellectual property rights. You acknowledge that the BeyondTv Network Services, including without limitation the Content, are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the BeyondTv Network Services, including without limitation the Content.

i. Your Responsibilities and BeyondTv Network’s Enforcement Rights. You can access and use the BeyondTv Network Services and Content for lawful personal, non-commercial, and appropriate purposes only. You agree not to engage in any conduct that:

i. violates the rights of others, including patent, trademark, trade secret, copyright, moral rights or other intellectual property rights, or rights of privacy, publicity, or other proprietary rights, harasses or harms another individual, impersonates any person or entity, or otherwise misrepresents yourself or your affiliation with any person or entity; or is fraudulent, false, misleading or deceptive;

ii. uses technology or other means to access, index, frame, search or link to the BeyondTv Network Services (including the Content and/or User Content) that is not expressly authorized by BeyondTv Network; remove, avoid, deactivate, descramble disable, bypass, or circumvent any technological measure implemented by BeyondTv Network, any of BeyondTv Network’s service providers, or any other third party (including another user) to protect BeyondTv Network Services, including without limitation content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of the BeyondTv Network Services;

iii. accesses, tampers with, or uses non-public areas of the BeyondTv Network Services, BeyondTv Network’s computer systems, or the technical delivery systems of BeyondTv Network Services providers;

iv. involves accessing the BeyondTv Network Services (including the Content and/or User Content) through any automated means, including “robots,” “spiders,” or “offline readers” (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices – but not caches or archives – of the BeyondTv Network Services, excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);

v. uses any meta tags or other hidden text or metadata utilizing a BeyondTv Network trademark, logo, URL, or product name without BeyondTv’s express written consent

vi. access the BeyondTv Network Services, including without limitation Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms of Use;

vii. deciphers, decompiles, disassembles or reverse engineers any of the software used to provide the BeyondTv Network Services;

viii. interferes with the access of any user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the BeyondTv Network Services;

ix. introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

x. damages, disables, overburdens, impairs, or gains unauthorized access to the BeyondTv Network Services, including BeyondTv Network’s servers, computer network, or user accounts;

xi. removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the BeyondTv Network Services (including the Content and/or User Content);

xii. uses the BeyondTv Network Services, without our express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisements, promoting any products or services, solicitation, or spamming;

xiii. probes, scans or tests the vulnerability of any BeyondTv Network Services, including any BeyondTv Network system or network, or breach any security or authentication measures;

xiv. collects or stores personally identifiable information from BeyondTv Network Services without BeyondTv Network’s express written authorization;

xv. violates, or encourages conduct that would violate, any applicable law or regulation, constitute a criminal offense or give rise to civil liability;

xvi. violates these Terms of Use or any guidelines or policies posted by or on behalf of BeyondTv Network, including the Intellectual Property Policy;

xvii. interferes with any other party’s use and enjoyment of the BeyondTv Network Services; or

xviii. encourages or enables any other individual to do any of the foregoing or attempts to do any of the foregoing.

You will not use the BeyondTv Network Services, the BeyondTv Network Content, or User Content, including but not limited to any text, photographs, images, audio/video clips, “look and feel,” metadata, or compilations of the BeyondTv Network Services, Content or User Content, for the development of any media, material, entertainment programming, or software program, including, but not limited to, training or otherwise developing a machine learning or artificial intelligence system or algorithm.

We have the right to investigate violations of these Terms of Use or conduct or activity that may affect the BeyondTv Network Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

If BeyondTv Network determines in its sole discretion that you are violating any of these Terms of Use, we may (i) notify you, (ii) use technical measures to block or restrict your access or use of the BeyondTv Network Services, (iii) limit, suspend, or terminate the availability of any Activities, Content, or User Content, (iv) suspend or terminate your Account or access to the BeyondTv Network Services, and/or (v) use any other available legal or equitable remedy. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the BeyondTv Network Services, any Activities, Content, or User Content (as applicable), and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.

j. Downloads and Additional Terms. Additional software, materials and/or supplemental terms may apply to your use of certain BeyondTv Network Services (“Additional Terms”), which may include terms and conditions relating to Activities. For example, Activities related to voting or contest rules, or accessing certain Content or User Content via the BeyondTv Network Services. Such Additional Terms may also have certain age or geographic restrictions. You are responsible for complying with any such Additional Terms. We will provide any such Additional Terms, including for or related to features of the BeyondTv Network Services that are provided by third parties, to you or post them on the BeyondTv Network Services to which they apply, and they are incorporated by reference into these Terms. If there is a conflict between these Terms and any such Additional Terms, the Additional Terms will control solely for such particular use.

k. Suspension/Discontinuation of BeyondTv Network Services. We hope not to, but we may change, suspend, or discontinue - temporarily or permanently - some or all of the BeyondTv Network Services (including any Activities, Content, User Content, and the Apps through which the BeyondTv Network Services are accessed), with respect to any or all users, at any time without notice or liability to you. You acknowledge that BeyondTv Network may do so in BeyondTv Network’s sole discretion. You also agree that BeyondTv Network will not be liable to you for any modification, suspension, or discontinuance of any part of the BeyondTv Network Services.

l. Internet Access Charges. You are responsible for any fees and costs you incur to access the Internet and use the BeyondTv Network Services.

m. Customer Service; Availability. BeyondTv Network provides a wealth of help-related articles in case you are experiencing issues or have questions about the BeyondTv Network Services at the BeyondTv Network Support Center at www.beyondtvnetwork.com (Tab Support). If you need additional assistance, please contact our customer service team through the form available at the BeyondTv Network Support/Help Center. You acknowledge that from time to time the BeyondTv Network Services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance which BeyondTv Network may undertake from time to time; or (iii) causes beyond the control of BeyondTv Network or which are not reasonably foreseeable by BeyondTv Network, such as internet outages.

3. PRIVACY POLICY

Use of the BeyondTv Network Services is governed by the BeyondTv Network Privacy Policy available at https://www.beyondprivacypolicy.com, which is incorporated into and is a part of these Terms of Use by this reference. You acknowledge and agree that your access and/or use of BeyondTv Network Services is subject to our Privacy Policy.

4. COMPLIANCE WITH POLICIES

While using the BeyondTv Network Services, including accessing, using, and/or participating in any Activities, you agree that you will comply with all posted policies, including Intellectual Property Policy set forth in Section 10 below, as we may update from time to time. BeyondTv Network prohibits disclosing any inappropriate content or information, personal or sensitive information on or through or in connection with the BeyondTv Network Services. BeyondTv Network may at any time, in its sole discretion, remove User Content, disable, limit, or terminate your ability to Post User Content or participate in any Activities, and terminate your Account if you fail to comply with our posted policies.

If you become aware of any misuse of the BeyondTv Network Services, including in violation of these Terms of Use, please report it immediately to BeyondTv Network by clicking www.beyondtvnetwork.com/support, selecting “Report an Issue/Get Support” and then “Terms of Use & Privacy Policy,” and providing the details of the issue you’re reporting in the body of the request you submit to us.

5. USER CONTENT

The BeyondTv Network Services may include opportunities for you to upload, post, transmit, make available or otherwise distribute (“Post” or “Posting”) text, images, audio, video or other content, including Messages (as defined below) and any content that incorporates sound recordings from your personal music library, background noise, and ambient noise (“User Content”) via the BeyondTv Network Services. Except as may be explicitly requested in connection with particular Activities, BeyondTv Network is not requesting, and is unwilling to review any User Content, ideas, or materials relating to or containing characters, storylines, treatments, scripts, artwork, visual or audio-visual content, or other artistic or creative works (whether relating to pre-existing BeyondTv Network properties or not). Except as expressly set forth in these Terms of Use or in a separate written agreement between you and BeyondTv Network, BeyondTv Network does not claim any ownership rights in the User Content that you Post via the BeyondTv Network Services and you will continue to own all rights in and to your User Content, excluding any Feedback or except to the extent your User Content contains or is otherwise derived from materials, content, or elements owned by BeyondTv Network or any of our Affiliates (e.g., characters, trademarks, or other elements or intellectual property created or owned by us). You further understand that you are responsible for all User Content that you Post via the BeyondTv Network Services. Please select the User Content you Post carefully as User Content will be considered non-confidential and non-proprietary. Do not Post any User Content you consider to be confidential or proprietary.

a. License to User Content. You hereby grant us an unconditional, perpetual, irrevocable, worldwide, royalty-free, fully paid up, sub-licensable through multiple tiers (including through-to-the audience and to other users of the BeyondTv Network Services), transferable, non-exclusive license to use, reproduce, adapt, prepare derivative works based on, publicly display, publicly perform, distribute, incorporate in other works, and/or otherwise exploit, in whole or in part, User Content in any manner, in any format, and on any platform, and in any media now known, or hereafter invented or developed, without further notice to you, and without the requirement of compensation or additional permission from you or any other person or entity. You further hereby grant us a royalty-free license to use your name or user name, image, voice, and likeness to identify you as the source of any of your User Content. 

Your ability to provide an image, voice, and likeness may be subject to limitations due to age restrictions imposed by applicable law wherein you reside or are accessing the BeyondTv Network Services.

b. You represent and warrant that (i) you own all User Content Posted by you via the BeyondTv Network Services, or are otherwise authorized to grant the license above, (ii) you have all the necessary rights, permissions, and clearances from any third party who appears in or has otherwise provided or contributed to any aspect of the User Content, and (iii) your Posting of User Content via the BeyondTv Network Services does not and will not violate nor misappropriate any right of any party, including any privacy rights, publicity rights, and intellectual property rights. 

You further represent and warrant that your license grant under these Terms of Use will continue to be valid and have full effect, even following any termination of your Account or your use of the BeyondTv Network Services. In addition, you agree to pay for all royalties, fees, and other payments owed to any party, including any guilds or unions, or performing rights organizations, by reason of your Posting User Content via BeyondTv Network Services.

c. Use and Distribution of User Content. You agree that BeyondTv Network may give you attribution for your User Content, but we are not required to do so. To the extent permitted by applicable law, you hereby waive and agree not to assert any “moral rights” or other proprietary rights in any User Content against us, our Affiliates, our licensees, our representatives, or other users. The rights you grant to us in this Section 5 include, but are not limited to the right to reproduce sound recordings (and make mechanical reproductions of the musical works embodied in such sound recordings), and publicly perform and communicate to the public sound recordings (and the musical works embodied therein), all on a royalty-free basis.

d. Public Nature of BeyondTv Network Services. You acknowledge that any User Content you elect to Post is done so voluntarily and you have no expectation of privacy or confidentiality with respect to any User Content you Post, and that no fiduciary relationship exists between us and you or any other party based on the User Content. Although we may offer you the ability to Post User Content anonymously, we may store information related to you or the device you used to Post User Content. We make no guarantees to remove User Content from the BeyondTv Network Services or other platforms, and we may retain User Content in our backup files, including after termination of your Account.

e. You are Responsible for Your User Content. You understand that BeyondTv Network does not control User Content Posted by users via the BeyondTv Network Services and, as such, you understand that you may be exposed to offensive, inaccurate, or otherwise objectionable User Content. BeyondTv Network assumes no responsibility or and disclaims all liability for User Content you may find inappropriate, offensive, or otherwise objectionable, regardless of whether BeyondTv Network elects to monitor User Content or user conduct. If you believe User Content violates our policies, please submit a request as detailed in Section 4 above. BeyondTv Network does not assume any responsibility for User Content other than BeyondTv Network Content, nor does it assume any obligation to modify or remove any User Content you may find inappropriate, offensive, or otherwise objectionable, or for the conduct of any user participating in any Activities on the BeyondTv Network Services.

f. Messages and Social Features. The BeyondTv Network Services may offer users the ability to send messages and post comments, including any replies to messages and comments (collectively “Messages” or “Messaging”), and repost, react to, share, bookmark, or otherwise interact with other users, their Messages, and User Content (collectively, “Social Features”). Messages and Social Features may be open to the public generally, to all users of the BeyondTv Network Services, registered users of the BeyondTv Network Services, or to a select group of users of the BeyondTv Network Services. BeyondTv Network reserves the right, but disclaims any obligation or responsibility, to limit your ability to send Messages or use any Social Features, and to restrict or remove your Messages or Social Features, or refuse to include your User Content on the BeyondTv Network Services for any reason at any time, in BeyondTv Network’s sole discretion, and without notice to you.

g. Deleting Your User Content. If you ask us to delete your User Content from the BeyondTv Network Services, BeyondTv Network will delete your User Content within a reasonable period of time and continue to use your User Content until the deletion has taken full effect. BeyondTv Network may retain User Content in our archives of the BeyondTv Network Services, which are not publicly available. Furthermore, to the extent that BeyondTv Network made use of your User Content before you deleted it, BeyondTv Network will retain the right to make such pre-existing uses available even after your User Content is deleted. You acknowledge that (i) deletion of your User Content from BeyondTv Network Services will not result in, and BeyondTv Network assumes no responsibility for, the deletion of such User Content by any third parties who were provided with or had access to such User Content prior to your deleting it from the BeyondTv Network Services, and (ii) termination of your Account or your use of the BeyondTv Network Services will not result in the immediate or automatic deletion of your User Content consistent with these Terms of Use.

Please visit our Support Center at www.beyondtvnetwork.com/support for more information on how to delete your Account. If you delete your Account, you will not be able to reactivate your Account or retrieve any of the User Content or information you have Posted.

6. LINKED DESTINATIONS AND ADVERTISING

a. Third Party Destinations. The BeyondTv Network Services (including the Apps) may contain links to third-party websites or resources, or destinations. You will not infer or assume that BeyondTv Network endorses, operates, controls, is responsible for or is connected with these or other third-party websites, resources or destinations, even if they link to BeyondTv Network Services and even if such websites, resources, or destinations are operated by a person (including legal entity) affiliated or otherwise connected with BeyondTv Network. We provide these links only as a convenience and are not responsible for the content, products, or services on or available from those websites, resources, and destinations or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites, resources, and destinations, and release BeyondTv Network from any responsibility and liability to you for any content or other materials hosted and served from any such websites, resources, or destination. These Terms of Use do not govern your use of any other websites, resources, or destinations.

b. Advertisements. BeyondTv Network is not responsible for advertisements or any third-party material posted on any of the BeyondTv Network Services, nor is BeyondTv Network responsible for the products or services provided by advertisers or by other users. Any dealings you have with advertisers or other users found while using the BeyondTv Network Services are between you and the advertiser or user, and you agree that BeyondTv Network is not liable for any loss or claim that you may have against an advertiser or user.

7. TRADEMARKS

BeyondTv Network, the BeyondTv Network logo, www.beyondtvnetwork.com, and other BeyondTv Network marks, graphics, logos, scripts, and sounds are trademarks, registered or otherwise, and trade dress and the intellectual property of BeyondTv Network, LLC.. You may not copy, download or exploit any of BeyondTv’s intellectual property, including the BeyondTv Network trademarks.

8. FEEDBACK

It is BeyondTv Network’s policy not to accept unsolicited submissions, including scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas, or concepts (“Unsolicited Submissions”). BeyondTv Network’s policy is to delete any such submission without reading it. Therefore, any similarity between an Unsolicited Submission and any elements in any BeyondTv Network creative work, including a film, series, story, title, or concept, would be purely coincidental. We welcome feedback, comments and suggestions for improvements to the BeyondTv Network Services (“Feedback”). You can submit Feedback by emailing us at beyondtvnetwork@gmail.com (subject line: “Feedback”). You grant to us an unconditional, non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

9. DISCLAIMER OF WARRANTIES, LIMITATIONS OF LIABILITY, AND INDEMNITY

SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES. TO THE EXTENT APPLICABLE LOCAL LAW SPECIFICALLY AND EXPRESSLY PROHIBITS SUCH EXCLUSIONS, THOSE SUCH EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU.

THE BEYONDTV NETWORK SERVICES AND CONTENT ARE PROVIDED “AS-IS” AND “AS AVAILABLE.” BEYONDTV NETWORK DOES NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS FROM USE OF OR CONTINUOUS AVAILABILITY OF THE BEYONDTV NETWORK SERVICES OR CONTENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BEYONDTV NETWORK EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FOR A COURSE OF PERFORMANCE OR COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BEYONDTV NETWORK MAKES NO WARRANTY THAT YOUR USE OF THE BEYONDTV NETWORK SERVICES OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS TO THE BEYONDTV NETWORK SERVICES OR CONTENT WILL BE CORRECTED, THAT THE BEYONDTV NETWORK SERVICES, CONTENT OR THE SERVERS ON WHICH THEY ARE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY INFORMATION OBTAINED BY YOU ON, THROUGH OR IN CONNECTION WITH THE BEYONDTV NETWORK SERVICES OR THIRD PARTY SERVICES 

(INCLUDING, BUT NOT LIMITED TO, THROUGH USER CONTENT OR THIRD PARTY ADVERTISEMENTS) WILL BE ACCURATE, RELIABLE, TIMELY OR COMPLETE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BEYONDTV NETWORK WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA, PROPERTY DAMAGE, PERSONAL INJURY OR DEATH) RESULTING FROM USE OF THE BEYONDTV NETWORK SERVICES, CONTENT, USER CONTENT, PROBLEMS OR TECHNICAL MALFUNCTION IN CONNECTION WITH USE OF THE BEYONDTV NETWORK SERVICES, CONTENT, ATTENDANCE AT A BEYONDTV NETWORK EVENT, ANY MATERIAL DOWNLOADED, POSTED OR OTHERWISE OBTAINED IN CONNECTION WITH THE BEYONDTV NETWORK SERVICES OR CONTENT, ANY USER CONTENT, ANY THIRD PARTY ADVERTISEMENT OR THIRD PARTY SERVICE TRANSMITTED ON, THROUGH OR IN CONNECTION WITH THE BEYONDTV NETWORK SERVICES, OR THE CONDUCT OR USER OF ANY USER(S) OF THE BEYONDTV NETWORK SERVICES OR CONTENT, WHETHER ONLINE OR OFFLINE. YOUR USE OF POSTS, USER CONTENT, THIRD PARTY ADVERTISEMENTS, THIRD PARTY SERVICES, AND THE GOODS OR SERVICES PROVIDED BY ANY THIRD PARTIES IS SOLELY YOUR RESPONSIBILITY AND AT YOUR OWN RISK.

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE BEYONDTV NETWORK SERVICES AND CONTENT, AND ANY INFORMATION TRANSMITTED OR RECEIVED IN CONNECTION THEREWITH, INCLUDING USER CONTENT, MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ASSUME RESPONSIBILITY, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, FOR THE ENTIRE COST OF ANY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY OR RECOVERY OR RECONSTRUCTION OF LOST DATA NECESSITATED BY YOUR USE OF THE BEYONDTV NETWORK SERVICES.

LIMITATION OF LIABILITY

SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES. TO THE EXTENT APPLICABLE LOCAL LAW SPECIFICALLY AND EXPRESSLY PROHIBITS SUCH EXCLUSIONS OR LIMITATIONS, THOSE SUCH EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BEYONDTV NETWORK’S LIABILITY TO YOU FOR ANY LOSS, CAUSE OR ACTION WHATSOEVER AND REGARDLESS OF THE FORM OF THE LOSS, CAUSE OR ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO BEYONDTV NETWORK FOR THE BEYONDTV NETWORK SERVICES AND CONTENT DURING THE TERM OF YOUR USE OF THE BEYONDTV NETWORK SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BEYONDTV NETWORK WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OTHER THAN THE AMOUNT PAID, IF ANY, BY YOU TO BEYONDTV NETWORK FOR THE BEYONDTV NETWORK SERVICES DURING THE TERM OF YOUR USE OF THE BEYONDTV NETWORK SERVICES, INCLUDING ANY OTHER GENERAL, DIRECT, INDIRECT, COMPENSATORY, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, AND INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO POST, ACCESS, OR USE ANY BEYONDTV NETWORK SERVICES, CONTENT, OR USER CONTENT.

YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF BEYONDTV NETWORK’S ACTS OR OMISSIONS OR YOUR USE OF THE BEYONDTV NETWORK SERVICES, CONTENT, OR USER CONTENT ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF OR ANY PERSON’S ABILITY TO ACCESS OR USE ANY PORTION OF THE BEYONDTV NETWORK SERVICES, CONTENT, OR USER CONTENT. THE LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF YOU OR BEYONDTV NETWORK HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. FOR CLARIFICATION, THESE TERMS DO NOT LIMIT BEYONDTV NETWORK’S LIABILITY FOR FRAUD, FRAUDULENT MISREPRESENTATION, DEATH, OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW WOULD PROHIBIT SUCH A LIMITATION.

INDEMNITY

YOU AGREE TO INDEMNIFY AND HOLD BEYONDTV NETWORK, ITS AFFILIATES, CREATORS AND LICENSORS OF CONTENT, EACH ADVERTISER, SPONSOR AND THEIR ADVERTISING AGENCIES, SUBCONTRACTORS AND OTHER PARTNERS, AND THEIR RESPECTIVE OFFICERS, AGENTS, PARTNERS AND EMPLOYEES, HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, ACTION OR DEMAND, INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR MISUSE OF THE CONTENT OR USER CONTENT, OR THE BEYONDTV NETWORK SERVICES (INCLUDING, WITHOUT, LIMITATION, ANY USE OF YOUR ACCOUNT AND ANY POSTS MADE UNDER YOUR ACCOUNT, WHETHER OR NOT AUTHORIZED BY YOU), YOUR BREACH OF THESE TERMS OF USE, YOUR VIOLATION OF ANY RIGHTS OF ANOTHER, OR ANY CONTENT, INFORMATION, OR MATERIAL THAT YOU TRANSMIT VIA THE TUBI SERVICES.

10. NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT

We respect copyright law and expect our users to do the same. It is our policy to terminate Accounts of those users who repeatedly violate BeyondTv Network’s intellectual property rights or the intellectual property rights of others.

If you believe that any material, Content, or User Content residing on or linked to from the Beyondtv Network Services infringes your intellectual property rights, including your Copyright, you may either (1) submit a written notification of claimed infringement to BeyondTv Network’s copyright agent by emailing BeyondTv Network at beyondtvnetwork@gmail.com (2) contact us by mail by sending BeyondTv Network’s designated Copyright Agent a written notification of claimed infringement. Your written notification must contain substantially all of the following information:

a. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

b. identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the BeyondTv Network Services (such as the URL(s) of the claimed infringing material);

c. information reasonably sufficient to permit us to contact you, such as an address, telephone number, and an email address;

d. 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;

e. a statement by you that the above information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner’s behalf; and

f. your physical or electronic signature.

BeyondTv Network’s Copyright Agent for notification of claimed infringement can be as follows:

   Attention: Copyright Agent
   BeyondTv Network, LLC
   100 Bradley Road
   Woodbridge, Ct. 06525

This contact information is exclusively for the purpose of notifying BeyondTv Network of claimed infringement. Please be advised that requests sent to the Copyright Agent without the appropriate subject line or for purposes other than communication about copyright claims may not be reviewed or responded to.

If you Posted User Content or other material to BeyondTv Network Services that BeyondTv Network removed due to a notice of claimed infringement from a copyright owner, BeyondTv Network will take reasonable steps promptly to notify you that the