Algo Media Terms of Use

Algo Media provides a personalized subscription service that enables our members to access movies and television shows ("Algo Media content") streamed over the Internet to select televisions, computers and other Internet-connected devices ("Algo Media ready devices" ).

You have accepted these Terms of Use, which govern your use of our service. Personally identifiable information is subject to our Privacy Statement, the terms of which are incorporated herein. Please review our Privacy Statement to understand our practices.

As used in these Terms of Use, "Algo Media service", "our service" or "the service" refers to the personalized service provided by Algo Media to discover and view Algo Media content, including all features and functionality. , recommendations and reviews, the website and user interfaces, as well as all content and software associated with our service.

YOU ACCEPT THE ARBITRATION AGREEMENT AND THE CLASS ACTION WAIVER DESCRIBED IN SECTION 7 TO RESOLVE ANY DISPUTE HIGHLY MEDIUM (EXCEPT FOR MATTERS THAT MAY BE TAKEN IN THE COURT OF SMALL CLAIMS).

1. Membership 1. Your Algo Media membership will continue and will automatically renew until terminated. To use the Algo Media service you must have Internet access and an Algo Media ready device and provide us with one or more payment methods. "Payment method" refers to a current, valid and accepted method of payment, which may be updated periodically and which may include payment through your account with a third party. You must cancel your membership before it is renewed to avoid billing the membership fees for the next billing cycle to your Payment Method (see "Cancellation" below). 1.2. We can 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 different conditions and limitations, which will be disclosed in your registration or in other communications made available to you. You can find specific details about your Algo Media membership by visiting our website and clicking on the "Account" link.
   
    
2. Free Trials
   
   1. Your Algo Media membership can start with a free trial. The length of your membership free trial period will be specified during registration and is intended to allow new and certain former members to try the service.
   
   2.2. Something Media determines eligibility for the free trial in its sole discretion and we may limit eligibility or duration to prevent abuse of the free trial. We reserve the right to revoke the free trial and put your account on hold should we determine that you are not eligible. Household members with an existing or recent Algo Media membership are not eligible. We may use information such as device ID, payment method, or email address of an account used with an existing or recent Algo Media membership to determine eligibility. For combinations with other offers, restrictions may apply. 23.
   
   We will charge the membership fee for your next billing cycle to your Payment Method at the end of the free trial period and your membership will automatically renew unless you cancel your membership before the end of the free trial period. To view the applicable membership price and the end date of your free trial period, please visit our website and click the "Billing Details" link on the "Account" page.
3. Billing and cancellation 1. Billing cycle. The membership fee for the Algo Media 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 to your Payment Method on the specific billing date indicated in your "Account" page. The length of your billing cycle will depend on the type of subscription you choose when you sign up for the service. Membership fees are obtained in full upon payment. In some cases, your payment date may change, for example, if your payment method has not been settled correctly or if your paying membership started on a day that is not listed in a certain month. Please visit our website and click the "Billing Details" link on the "Account" page to view your next payment date. We may authorize your Payment Method in advance of membership or service related charges through various methods, including authorizing up to approximately one month of service as soon as you sign up. In some cases, your available balance or credit limit may be lowered to reflect authorization during your free trial period. 3.2. Payment methods. To use the Algo Media service, you must provide one or more payment methods. You authorize us to charge any Payment Method associated with your account in the event that your primary Payment Method is declined or is no longer available for payment of your subscription fee. You are still responsible for any uncollected amounts. If a payment is not successfully cleared, 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 overseas transaction fees or other fees related to the processing of your Payment Method. Check with your Payment Method service provider for details. 3.3 Updating your payment methods. You can update your Payment Methods by going to the "Account" page. We may also update your Payment Methods using information provided by payment service providers. After any update, you authorize us to continue charging the applicable Payment Methods. 3.4. Cancellation. You can cancel your Algo Media membership at any time and you will continue to have access to the Algo Media service until the end of your billing period. To cancel, go to the "Account" page on our website and follow the instructions for cancellation. If you cancel your membership, your account will be automatically closed at the end of your current billing period. To see when your account will be closed, click "Billing Details" on the "Account" page. If you signed up for Algo Media using your account with a third party as a Payment Method and wish to cancel your Algo Media membership, you may have to do so through that third party, for example by visiting your account with the relevant third party and turning off automatic renewal or cancellation of the subscription of the Algo Media service through that third party. You can also find billing information about your Algo Media membership by visiting your account with the appropriate third party. 3.5. Changes in price and subscription plans. We reserve the right to change our subscription plans or adjust the prices of our service or any component thereof in any way and at any time, as we determine in our sole and absolute discretion. Unless expressly stated otherwise in these Terms of Use, any price change or change in your subscription plan will be effective upon notification. 3.6. No refunds. Payments are non-refundable and there are no refunds or credits for partially used periods. However, after any cancellation, you will continue to have access to the service until the end of your current billing period. At any time and for any reason, we may provide a refund, discount or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. Provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it oblige us to provide credits in the future, under any circumstances.
   
   
   
   
   
   
   
   
   
    
4. Algo Media Service 1. To be a member of the Algo Media service, you must be 18 years of age or the age of majority in your province, territory or country. Persons under 18 years of age, or the applicable age of majority, may use the service only with the participation of a parent or legal guardian, under said person's account and subject to these Terms of Use. 4.2. The Algo Media service and any content viewed through our service are for your personal and non-commercial use only and may not be shared with people outside your home. During your Algo Media membership, we grant you a limited, non-exclusive and non-transferable right to access the Algo Media service and view Algo Media content through the service. Except for the foregoing, no right, title or interest will be transferred to you. You agree not to use the service for public presentations. 4.3. You can view Algo Media content primarily within the country in which you have established your account and only in geographic locations where we offer our service and have authorized such content. The content that may be available to view will vary by geographic location and will change from time to time. The number of devices you can watch simultaneously depends on the chosen subscription plan and is specified on the "Account" page. 4.4. The Algo Media 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 content from Algo Media. You can deactivate participation in tests at any time by visiting the "Account" page and changing the settings for "Participation in tests". 4.5. Some content on Algo Media is available for temporary download and offline viewing on certain supported devices ("Offline Titles"). Limitations apply, including restrictions on the number of offline titles per account, the maximum number of devices that can contain offline titles, the period of time within which you will need to start viewing the offline titles, and how long the titles will remain accessible Without connection. Some offline titles may not be playable in certain countries and if you go online in a country where you will not be able to stream that title offline, the offline title will not be playable while in that country. 4.6. You agree to use the Algo Media service, including all features and functionalities associated with it, in accordance with all applicable laws, rules and regulations or other restrictions on the use of the service or the content thereof. Except as explicitly authorized in these Terms of Use, you agree not to archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works, offer for sale, or use the content and information contained or obtained. from or through the Algo Media service. You also agree not to circumvent, remove, alter, disable, downgrade, or thwart any of the content protections on the Algo Media service; use any robot, spider, scraper or other automated means to access the Algo Media service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Algo Media service; insert any code or product or manipulate the content of the Algo Media service in any way; or use any method of data extraction, collection or extraction. In addition, you agree not to upload, post, email, or send or transmit any material designed to interrupt, destroy, or limit the functionality of any software, hardware, or telecommunications equipment associated with the Algo Media service, including 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 Use or if you are involved in illegal or fraudulent use of the service. 4.7. The display quality of Algo Media content may vary from device to device, and may be affected by a variety of factors, such as your location, available bandwidth, and / or the 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, such as HD, Ultra HD, or HDR, and not all plans allow you to receive content in all formats. The 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 a faster connection to improve video quality. A download speed of at least 5.0 Mbps per stream is recommended to receive HD content (defined as a resolution of 720p or higher). A download speed of at least 25.0 Mbps per stream is recommended to receive Ultra HD (defined as 1080p or higher resolution) and HDR content. You are responsible for all internet access charges. Check with your Internet provider for information on possible charges for Internet data usage. Something Media does not represent or guarantee the quality of your viewing experience on your screen. The time it takes to start viewing the Algo Media content schedule will vary based on a number of factors, including your location, currently available bandwidth, the Algo Media content you have selected, and your device settings. ready for Algo Media. 4.8. The Algo Media software may only be used for the authorized transmission and display of Algo Media content through Algo Media-ready devices. This software may vary by device and medium, and functionalities may also differ between devices. By using our service, you agree to receive, without prior notice or request, updated versions of Algo Media and related third-party software. If you do not accept the above terms, please do not use our service. 4.9. By using our service, you agree to look only to the entity that manufactured and / or sold you the Algo Media-ready device for any issues related to the device and its compatibility with the Algo Media service. We are not responsible for or guarantee the performance of Algo Media ready devices, including continued compatibility with our service. If your Algo Media-ready device is sold, lost, or stolen, disable it. If you do not log out or deactivate your device, subsequent users can access the Algo Media service through your account and can access certain information in your account. To deactivate a device, follow the instructions on the "Account" page of our website.
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
    
5. Passwords and account access. The member who created the Algo Media account and whose Payment Method is charged (the "Account Owner") has access and control over the Algo Media account and the Algo Media-ready devices used to access our service. and is responsible for any activity that occurs through the Algo Media Account To maintain control over the account and prevent someone from accessing the account (which could include information about the viewing history of the account), the account holder you must maintain control over the Algo Media-ready devices used to access the service and not reveal the password or details of the payment method associated with the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide us in connection with your account. We may terminate your account or put your account on hold to protect you, Algo Media, or our partners from identity theft or other fraudulent activity. Algo Media is not required to credit or discount a membership for account holdings by a representative of Algo Media or by automated processes of Algo Media.
6. Disclaimers of Warranties and Limitations of Liability
   
   1. THE ALGO MEDIA SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED WITH IT, OR ANY OTHER FEATURES OR FUNCTIONALITY ASSOCIATED WITH THE ALGO MEDIA SERVICE, ARE PROVIDED "AS IS" AND "AVAILABLE" WITH ALL FAULTS AND NO WARRANTY OF ANY KIND. ALGO MEDIA DOES NOT WARRANT, REPRESENT OR WARRANT THAT YOUR USE OF THE ALGO MEDIA SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. ALGO MEDIA SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF ALGO MEDIA'S APPLICATIONS, READY DEVICES AND ALGO MEDIA SOFTWARE (INCLUDING ITS CONTINUING SUPPORT FOR OUR SERVICE).
   
   6.2. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL MEANS, OR ITS SUBSIDIARIES OR ANY OF ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS, BE LIABLE (TOGETHER OR SEVERAL) FOR YOU FOR ANY SPECIAL INJURIES OR PERSONAL INJURIES, OR ANY PERSONAL INJURIES. OF ANY KIND, OR ANY DAMAGE OF ANYONE.
   
   6.3. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
   
   6.4. NOTHING IN THESE TERMS OF USE WILL AFFECT ANY NON-EXEMPTIONABLE STATUTORY RIGHTS THAT APPLY TO YOU.
7. Arbitration Agreement
   
   1. If you are a member of Algo Media in the United States (including its possessions and territories), you and Algo Media agree that any dispute, claim or controversy that arises or relates in any way to the Algo Media service, These Terms of Use and this Arbitration Agreement will be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator rather than a judge or jury, allows more limited discovery than in court, and is subject to very limited review by the courts. Arbitrators can award the same damages and relief that a court can award and nothing in this Arbitration Agreement shall be construed as a limitation of non-waivable statutory rights. You agree that by accepting these Terms of Use, the interpretation and enforcement of this provision is governed by U.S. Federal Arbitration Law, and that you and Algo Media waive the right to a jury trial or to participate in a class action lawsuit. This arbitration provision will survive the termination of this Agreement and the termination of your Algo Media membership.
   
   7.2. If you choose to seek arbitration or file a small claim lawsuit, you must first send Algo Media, by certified mail, a written Notice of your claim ("Notice"). Notification to Algo Media should be addressed to: General Counsel, Algo Media, Inc., 100 Winchester Circle, Los Gatos, CA 95032-1815 ("Notification Address"). If Algo Media initiates the arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by Algo Media, must (a) describe the nature and basis of the claim or dispute; and (b) establish the specific relief requested ("Lawsuit"). If you and Algo Media cannot reach an agreement to resolve the claim within 30 days of receiving the Notice, you or Algo Media may initiate arbitration or file a claim in small claims court.
   
   7.3. You can download or copy a Notice form and a form to initiate arbitration at www.adr.org. If you are required to pay a filing fee, after Algo Media receives a notice at the Notification Address that the arbitration has begun, Algo Media will refund your payment of the filing fee, unless your claim is more than US $ 10,000, in which case you will be responsible for the filing fees.
   
   7.4. The arbitration will be governed by the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling AAA at 1-800-778-7879 or by writing to the Notification Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues related to the scope and enforceability of this arbitration agreement. Unless you and Algo Media agree otherwise, any arbitration hearing will take place in the county (or parish) of your residence. The arbitrator's award will be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator's award includes an amparo award against a party, in which case that party will have the right to request judicial review of the precautionary measure in a court of competent jurisdiction that will not be subject to the application of the arbitrator or the conclusions of the law.
   
   7.5. If your claim is for US $ 10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of the documents submitted to the arbitrator, through a telephone hearing or an in-person hearing as established by the AAA Rules. If your claim exceeds US $ 10,000, the right to a hearing will be determined by the AAA Rules. Regardless of how the arbitration is conducted, the arbitrator will issue a reasoned decision in writing explaining the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Algo Media's last written settlement offer made before an arbitrator was selected (or if Algo Media did not make a settlement offer before an arbitrator was selected ), Algo Media will pay you the amount of the prize or US $ 5,000, whichever is greater. Except as expressly established in this document, the payment of all filing, administration and arbitration fees will be governed by the AAA Rules.
   
   7.6. YOU AND SOMETHING MEDIA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEDURE. Furthermore, unless both you and Algo Media agree otherwise, the arbitrator cannot consolidate the claims of more than one person with your claims, and cannot preside over any form of representative or collective proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision will be null and void.
8. DVD plans. If you are a member of Algo Media on a DVD plan, the DVD Terms and Conditions also apply to your use of the Algo Media service.
9. Various 1. Governing Law. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Delaware, USA, without regard to its conflict of laws provisions. These terms will not limit any consumer protection rights to which you may be entitled under the mandatory laws of your state of residence. 9.2. Unsolicited materials. Algo Media does not accept unsolicited materials or ideas for Algo Media content, and is not responsible for the similarity of any of its content or programming in any medium with the materials or ideas transmitted to Algo Media. If you submit unsolicited materials or ideas, you do so with the understanding that no further consideration of any kind will be provided to you, and you are waiving any claims against Algo Media and its affiliates regarding the use of such materials and ideas, even if You use material or an idea that is substantially similar to the material or idea you submitted. 9.3. Feedback. Algo Media is free to use any comments, information, ideas, concepts, reviews or techniques or any other material contained in any communication you send us ("Comments"), including responses to questionnaires or through posts on the Algo Media service, including the Algo Media website and user interfaces, worldwide and in perpetuity, without further compensation, acknowledgment or payment to you for any reason, including but not limited to developing, manufacturing and marketing products and creating, modifying or improving the service of Algo Media. Additionally, you agree not to assert any "moral rights" in and on the Comments, to the extent permitted by applicable law. 9.4. Customer Support. For more information about our service and its features, or if you need help with your account, visit the Algo Media Help Center on our website. In certain cases, Customer Service can better assist you by using a remote access support tool through which we have full access to your computer. If you do not want us to have this access, you must not consent to assistance through the remote access tool, and we will assist you by other means. In the event of a conflict between these Terms of Use and information provided by Customer Service or other parts of our website, these Terms of Use will prevail. 9.5. Survival. If any provision or provisions of these Terms of Use are deemed invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will remain in full force and effect. 9.6. Changes to the Terms of Use and Assignment. Algo Media may, from time to time, change these Terms of Use. Such reviews will be effective immediately; however, for existing members, such revisions shall, unless otherwise noted, become effective 30 days after posting. We may assign our agreement with you to any affiliated company or to any entity that succeeds all or substantially all of our businesses or assets related to the corresponding Algo Media service. 9.7 Communication preference. We will send you information related to your account (for example, payment authorizations, invoices, changes in password or payment method, confirmation messages, notices) only in electronic form, 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 legal communication requirements, including that such communications be in writing.