November 25, 2014
SCOPE OF LICENSE Subject to the terms of this agreement, when you download any IEntertainment Network application from the Apple App Store ("App Store"), Android Market, or from any other authorized partner or from IEntertainment Network directly or from IEntertainment Network as part of beta or other pre-release program, IEntertainment Network grants you a limited, non-transferable, personal, non-commercial, non-exclusive, non-sub licensable, non-assignable license to download and install the IEntertainment Network Application on any iPhone, iPod touch, iPad, or other device as authorized by Apple, Inc. ("Apple") or Android device that you own or control and as permitted in the usage Rules set forth in the App Store Terms of Service and/or Android Market Terms of Service and/or carrier terms of service and/or other applicable terms of service. This license does not allow you to use the IEntertainment Network Application on any device authorized for use by Apple or by your carrier or device manufacturer that you do not own or control. In cases where usage rules described herein are less restrictive than the contract you executed with your device manufacturer or carrier, the usage restrictions of the device manufacturer and/or carrier apply. You may not distribute or make the IEntertainment Network Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the IEntertainment Network Application. You may not modify, decompile, reverse engineer, disassemble, create derivative works of, or attempt to derive the source code of the IEntertainment Network Application, any updates, or any part thereof except to the extent permitted by law. Any attempt to do any of the aforementioned acts is a violation of the rights of IEntertainment Network and its licensors. If you breach this restriction, you may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by IEntertainment Network that replace and/or supplement the original IEntertainment Network Applications.
IENTERTAINMENT NETWORKUSER ACCOUNTS Use of IEntertainment Network Services requires a user account which is automatically created upon installation and first use of IEntertainment Network Applications. IEntertainment Network retains the right to remove the account or data stored within the account at any time and for any reason. IEntertainment Network retains the right to access your account for support and maintenance purposes, and as instructed by you for account service inquiries. IEntertainment Network Applications may store account data on the device upon which they are installed. You are responsible for backing up and securing data on your device; IEntertainment Network is not responsible for loss of account information due to device loss, data loss, system malfunction, or application malfunction.
SMS AND DATA CHARGES Certain IEntertainment Network Services and Applications, such as IEntertainment Network may be available to users at no charge from IEntertainment Network. However, your use of such Applications on your device may be subject to additional charges from your carrier or provider. For example, if you elect to receive SMS invites and alerts through IEntertainment Network, you may be charged for such messages in accordance with your agreement or plan with your carrier or provider. In addition, your use of the Applications and Services may be subject to additional data charges under your agreement or plan with your carrier or provider. YOU UNDERSTAND AND AGREE THAT ALTHOUGH SOME IENTERTAINMENT NETWORK SERVICES, SUCH AS IENTERTAINMENTNETWORK, MAY BE FREE, YOU MAY BE CHARGED FOR SMS INVITE MESSAGES TRANSMITTED THROUGH THE APP OR FOR BANDWIDTH USAGE IF YOU DO NOT HAVE AN UNLIMITED DATA PLAN.
DISCLAIMER OF WARRANTIES YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF IENTERTAINMENT NETWORKSERVICES IS AT YOUR OWN RISK. YOU FURTHER AGREE THAT IENTERTAINMENT NETWORKIS NOT RESPONSIBLE FOR ANY LOSS OF LIFE, PERSONAL INJURY, OR ECONOMIC DAMAGE RESULTING FROM THE USAGE OF IENTERTAINMENT NETWORKAPPLICATIONS OR SERVICES. IENTERTAINMENT NETWORKAPPLICATIONS AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. IENTERTAINMENT NETWORKDOES NOT WARRANT THAT THE OPERATION OF IENTERTAINMENT NETWORKAPPLICATIONS OR WEBSITE WILL MEET YOUR REQUIREMENTS, THAT SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN IENTERTAINMENT NETWORKAPPLICATIONS WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY IENTERTAINMENTNETWORK, ITS EMPLOYEES, AGENTS OR AUTHORIZED REPRESENTATIVES, OR OTHER THIRD PARTIES, SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTY, SO ONE OR ALL OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. YOU UNDERSTAND THAT WHEN YOU DOWNLOAD FROM, OR OTHERWISE OBTAIN CONTENT OR SERVICES THROUGH THE SITES, IENTERTAINMENT NETWORKAPPLICATIONS AND SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU UNDERSTAND THAT IENTERTAINMENT NETWORKAPPLICATIONS MAY NOT DELIVER ALL MESSAGES IN A TIMELY MANNER OR MESSAGES MAY BE LOST. YOU UNDERSTAND THAT LOCATION DATA MAY NOT BE ACCURATE. YOU UNDERSTAND AND AGREE THAT IENTERTAINMENT NETWORKAPPLICATIONS ARE NOT INTENDED TO BE USED WHILE OPERATING A MOTOR VEHICLE, TO COMMUNICATE CONFIDENTIAL OR PRIVILEGED INFORMATION, FOR TIME-CRITICAL OR EMERGENCY SERVICES, OR FOR ANY OPERATION WHERE INJURY, DEATH OR ECONOMIC DAMAGE COULD OCCUR OR RESULT FROM SUCH OPERATION. IENTERTAINMENT NETWORKEXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE SITE, IENTERTAINMENT NETWORKSERVICES AND IENTERTAINMENT NETWORKAPPLICATIONS, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
LIMITATION OF LIABILITY TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL IENTERTAINMENT NETWORKOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE OR VIA IENTERTAINMENT NETWORKAPPLICATIONS OR IENTERTAINMENT NETWORKSERVICES, INCLUDING BUT NOT LIMITED TO PHONE AND EMAIL, BE LIABLE TO ANY USER OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITES, APPLICATIONS OR SERVICES, OR ANY INFORMATION CONTAINED THEREIN, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF IENTERTAINMENT NETWORKHAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. TO THE EXTENT APPLICABLE LAW IS INCONSISTENT WITH A PRECLUSION OF SUCH CLAIMS YOU AGREE THAT THE MAXIMUM VALUE OR ALL SUCH CLAIMS SHALL NOT EXCEED THE AMOUNTS YOU PAY TO IENTERTAINMENT NETWORKOR $50, WHICHEVER IS GREATER. You hereby acknowledge that the preceding paragraph shall apply to all content, products and services available through the Sites, Applications or Services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
CHANGES TO THIS AGREEMENT IEntertainment Network reserves the right, in its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to IEntertainment Network Services following the posting of any changes to this Agreement constitutes acceptance of those changes. IEntertainment Network may also, in the future, offer new services and/or features. Such new features and/or services shall be subject to the terms and conditions of this Agreement.
EXPORTING THE APPLICATION You may not use or otherwise export or re-export the IEntertainment Network Applications except as authorized by United States law. In particular, but without limitation, IEntertainment Network Applications may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using IEntertainment Network Applications, you represent and warrant that you are not located in any such country or on any such list.
USE OF THE IENTERTAINMENT NETWORKAPPLICATIONS AND SERVICES You also agree that you will not use IEntertainment Network Applications or Services for any purposes prohibited by United States law or the laws of the State in which you reside. You understand and agree that YOU are solely responsible for being aware of and abiding by the laws of your jurisdiction and following them accordingly. You also agree that you will not use these Applications or Services for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear missiles, or chemical or biological weapons. If you are a resident of a country other than the United States, you expressly agree with the foregoing and also agree that you will not use IEntertainment Network Applications or Services for any purposes prohibited by any of the following: United States law; the country in which you are a resident; the country in which you are domiciled; or any applicable local jurisdictional laws.
INDEMNIFICATION You agree to indemnify and hold harmless IEntertainment Network and its contractors, licensors, directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Applications, Services or Sites, or your violation of this Agreement.
APPLICABLE LAW AND VENUE Except to the extent applicable law, if any, provides otherwise, this Agreement and any access to or use of the IEntertainment Network Sites, Applications or Services will be governed by the laws of the state of North Carolina, U.S.A., without reference to its choice of law rules.
Purpose. If you have a Dispute (as defined below) with IEntertainment Network that cannot be resolved through an informal dispute resolution with IEntertainment Network, you or IEntertainment Network may elect to arbitrate that Dispute in accordance with the terms of this Arbitration Provision rather than litigate the Dispute in court. Arbitration means you will have a fair hearing before a neutral arbitrator instead of in a court by a judge or jury.
Definitions. The term Dispute means any dispute, claim, or controversy between you and IEntertainment Network regarding any aspect of your relationship with IEntertainment Network, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Provision (with the exception of the enforceability of the Class Action Waiver clause). Dispute is to be given the broadest possible meaning that will be enforced. As used in this Arbitration Provision, IEntertainment Network means IEntertainment Network and its parents, subsidiaries and affiliated companies and each of their respective officers, directors, employees and agents.
Right to Opt Out. IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MUST NOTIFY IENTERTAINMENT NETWORKIN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU FIRST RECEIVE THIS AGREEMENT BY MAILING TO iEntertainment Network Opt Out, PO Box 3897, Cary, NC, 27159. YOUR WRITTEN NOTIFICATION TO IENTERTAINMENT NETWORK MUST INCLUDE YOUR NAME, ADDRESS AND IENTERTAINMENT NETWORKACCOUNT NUMBER OR USER NAME, AS WELL AS A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH IENTERTAINMENT NETWORKTHROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH IENTERTAINMENT NETWORK OR THE DELIVERY OF SERVICES TO YOU BY IENTERTAINMENT NETWORK. IF YOU HAVE PREVIOUSLY NOTIFIED IENTERTAINMENT NETWORKOF YOUR DECISION TO OPT OUT OF ARBITRATION, YOU DO NOT NEED TO DO SO AGAIN.
Initiation of Arbitration Proceeding/Selection of Arbitrator. If you or IEntertainment Network elect to resolve your Dispute through arbitration pursuant to this Arbitration Provision, the party initiating the arbitration proceeding may initiate the arbitration proceeding with American Arbitration Association (AAA), 335 Madison Ave., Floor 10, New York, NY 10017-4605, 1-800-778-7879, www.adr.org under the Commercial Arbitration Rules of the AAA.
Arbitration Procedures. Because the Service(s) provided to you by IEntertainment Network concerns interstate commerce, the Federal Arbitration Act (FAA), not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive the service from IEntertainment Network may apply to and govern the substance of any Disputes. Any state statutes pertaining to arbitration shall not be applicable under this Arbitration Provision. If there is a conflict between this Arbitration Provision and the rules of the arbitration organization chosen, this Arbitration Provision shall govern. If the arbitration organization that you select will not enforce this Arbitration Provision as written, it cannot serve as the arbitration organization to resolve your dispute with IEntertainment Network. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written. If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern. A single arbitrator will resolve the Dispute. You should know that participating in arbitration may result in limited discovery depending on the rules of the arbitration organization that is chosen to resolve the Dispute. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect customer account information and other confidential or proprietary information. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. An award rendered by the arbitrator may be entered in any court having jurisdiction over the parties for purposes of enforcement. If an award granted by the arbitrator exceeds $75,000, either party can appeal that award to a three-arbitrator panel administered by the same arbitration organization by a written notice of appeal filed within thirty (30) days from the date of entry of the written arbitration award. The members of the three-arbitrator panel will be selected according to the rules of the arbitration organization. The arbitration organization will then notify the other party that the award has been appealed. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right which exists under the FAA.
Class Action Waiver: ALL PARTIES TO THE ARBITRATION MUST BE INDIVIDUALLY NAMED. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER SUBSCRIBERS, OR OTHER PERSONS SIMILARLY SITUATED UNLESS THE STATUTE UNDER WHICH YOU ARE SUING PROVIDES OTHERWISE.
Location of Arbitration. The arbitration will take place in Raleigh, NC, USA.
Payment of Arbitration Fees and Costs. ENTERTAINMENT NETWORK WILL ADVANCE ALL ARBITRATION FILING FEES AND ARBITRATOR'S COSTS AND EXPENSES UPON YOUR WRITTEN REQUEST GIVEN PRIOR TO THE COMMENCEMENT OF THE ARBITRATION. YOU ARE RESPONSIBLE FOR ALL ADDITIONAL COSTS THAT YOU INCUR IN THE ARBITRATION, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS OR EXPERT WITNESSES. IF THE ARBITRATION PROCEEDING IS DECIDED IN IENTERTAINMENTNETWORK'S FAVOR, YOU SHALL REIMBURSE IENTERTAINMENT NETWORKFOR THE FEES AND COSTS ADVANCED TO YOU ONLY UP TO THE EXTENT AWARDABLE IN A JUDICIAL PROCEEDING. IF THE ARBITRATION PROCEEDING IS DETERMINED IN YOUR FAVOR, YOU WILL NOT BE REQUIRED TO REIMBURSE IENTERTAINMENT NETWORKFOR ANY OF THE FEES AND COSTS ADVANCED BY IENTERTAINMENTNETWORK. IF A PARTY ELECTS TO APPEAL AN AWARD TO A THREE-ARBITRATOR PANEL, THE PREVAILING PARTY IN THE APPEAL SHALL BE ENTITLED TO RECOVER ALL REASONABLE ATTORNEYS' FEES AND COSTS INCURRED IN THAT APPEAL. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, IENTERTAINMENT NETWORKWILL PAY ALL FEES AND COSTS THAT IT IS REQUIRED BY LAW TO PAY.
Severability. If any clause within this Arbitration Provision (other than the class action waiver clause) is found to be illegal or unenforceable, that clause will be severed from this Arbitration Provision, and the remainder of this Arbitration Provision will be given full force and effect. If the class action waiver clause is found to be illegal or unenforceable, the entire Arbitration Provision will be unenforceable, and the dispute will be decided by a court. In the event this entire Arbitration Provision is determined to be illegal or unenforceable for any reason, or if a claim is brought in a Dispute that is found by a court to be excluded from the scope of this Arbitration Provision, you and IEntertainment Network have each agreed to waive, to the fullest extent allowed by law, any trial by jury.
Exclusions from Arbitration. YOU AND IENTERTAINMENT NETWORKAGREE THAT THE FOLLOWING WILL NOT BE SUBJECT TO ARBITRATION: (1) ANY CLAIM FILED BY YOU OR BY IENTERTAINMENT NETWORKTHAT IS NOT AGGREGATED WITH THE CLAIM OF ANY OTHER SUBSCRIBER AND WHOSE AMOUNT IN CONTROVERSY IS PROPERLY WITHIN THE JURISDICTION OF A COURT THAT IS LIMITED TO ADJUDICATING SMALL CLAIMS; (2) ANY DISPUTE OVER THE VALIDITY OF ANY PARTY'S INTELLECTUAL PROPERTY RIGHTS; AND (3) ANY DISPUTE RELATED TO OR ARISING FROM ALLEGATIONS ASSOCIATED WITH UNAUTHORIZED USE OR RECEIPT OF SERVICE.
Continuation. This Arbitration Provision shall survive the termination of your membership with IEntertainment Network. Severability: If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; IEntertainment Network may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.