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Terms of Use

OVERVIEW

CMDtv provides an internet-based subscription service to our members allowing access to certain television episodes, short and feature-length movies and additional video content ("Content"). The Content is streamed over the Internet to member’s computers or internet-connected televisions, mobile phones, tablets or television devices, when available ("CMDtv-ready devices").

These Terms of Use govern your use of our service. As used in these Terms of Use, "CMDtv service," "our service" or "the service" means the service provided by CMDtv (through its technology provider Katapy) for finding and viewing Content, including all features and functionalities, website, and user interfaces, as well as all content and software associated with our service.

If you are a resident of the United States (including its possessions and territories), you agree to the Arbitration Agreement and class action waiver described in Section 14 to resolve any disputes with CMDtv (except for matters that may be taken to small claims court).


ACCEPTANCE

These Terms of Use ("Terms"), which include our End User License Agreement ("EULA") and Privacy Policy, govern your use of the CMDtv service. Please read these Terms carefully before using this website ("site"). By using, visiting, or browsing the CMDtv service, you accept and agree to these Terms of Use. If you do not agree to these Terms of Use, do not use the CMDtv service. These terms govern the use of any content on this site including text, software, images or videos and any services that CMDtv may provide through the site. 


CHANGES TO TERMS OF USE

CMDtv may, from time to time, change these Terms of Use, including the Privacy Policy, and EULA. Such revisions shall be effective immediately; provided however, for existing members, such revision shall, unless otherwise stated, be effective 30 days after posting.


COMMUNICATION PREFERENCES

By using the CMDtv service, you consent to receiving electronic communications from CMDtv relating to your account. These communications may involve sending emails to your email address provided during registration, or posting communications on the CMDtv service, or in the "Account" page and will include notices about your account (e.g. payment authorizations, change in password or Payment Choice, confirmation e-mails and other transactional information) and are part of your relationship with CMDtv. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from CMDtv, such as newsletters, special offers, member surveys and promotional announcements via email or other methods. Please review our Privacy Policy for further detail on our marketing communications.


PRIVACY

Personally identifying information is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices.


CMDTV SERVICE
  1. You must be 18 years of age, or the age of majority in your state, province, or territory to become a member of the CMDtv service. Individuals under the age of 18, or applicable age of majority, may utilize the service only with the involvement of a parent or legal guardian, under such person's account and otherwise subject to these Terms of Use.

  2. The CMDtv service, and any content viewed through our service, is for your personal and non-commercial use only. During your CMDtv membership, we grant you a limited, non-exclusive, non-transferable, license to access the CMDtv service and view Content through the service on a streaming-only basis for that purpose. Except for the foregoing limited license, no right, title or interest is or shall be transferred to you.

  3. You may view Content through the CMDtv service only in geographic locations where we offer our service and have licensed such Content. The content that may be available to watch will vary by geographic location. CMDtv will use technologies to verify your geographic location. YOUR PAYMENT FOR AND USE OF CMDTV SERVICES ENTITLES YOU TO WATCH ON ONE UNIQUE, AUTHORIZED CMDTV READY DEVICE AT ANY GIVEN TIME. The number of devices available for use and the simultaneous streams may change from time to time at our discretion without notice.

  4. We continually update the CMDtv service, including the content library. In addition, we continually test various aspects of our service, including our website, user interfaces, service levels, plans, promotional features, availability of Content, and delivery and pricing. We reserve the right to, and by using our service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our service.

  5. The availability of Content to watch will change from time to time. The quality of the display of the streaming Content may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. CMDtv makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching Content will vary based on a number of factors, including your location, available bandwidth at the time, the Content you have selected and the configuration of your CMDtv ready device.

  6. You agree to use the CMDtv service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, including public performance limitations or other restrictions on use of the service or content therein. You agree not to archive, download (other than through caching necessary for personal use), reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained on or obtained from or through the CMDtv service without express written permission from CMDtv or its licensors. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the CMDtv service; use any robot, spider, scraper or other automated means to access the CMDtv service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the CMDtv service; insert any code or product or manipulate the content of the CMDtv service in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the CMDtv service, including any software viruses or any other computer code, files or programs.

  7. CMDtv streaming software is developed by, or for, CMDtv and is designed to enable streaming of content from CMDtv through CMDtv ready devices. This software may vary by device and medium, and functionalities may also differ between devices. BY USING OUR SERVICE, YOU ACKNOWLEDGE AND AGREE TO END USER LICENCE AGREEMENT AND TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE CMDTV AND RELATED THIRD-PARTY SOFTWARE. IF YOU DO NOT ACCEPT THE FOREGOING TERMS, DO NOT USE OUR SERVICE. WE DO NOT TAKE RESPONSIBILITY OR OTHERWISE WARRANT THE PERFORMANCE OF THESE DEVICES, INCLUDING THE CONTINUING COMPATIBILITY OF THE DEVICE WITH OUR SERVICE. By using our service, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the CMDtv service. If your CMDtv ready device is sold, lost or stolen, please deactivate the CMDtv ready device. If you fail to log out or deactivate your device, subsequent users may access the CMDtv service through your account and may be able to access certain of your account information.

  8. We may terminate or restrict your use of our service, without compensation or notice if you are, or if we suspect that you are (i) in violation of any of these Terms of Use or (ii) engaged in illegal or improper use of the service.


MEMBERSHIP, BILLING AND CANCELLATION
  1. Membership

    1. Perpetual Membership. Your CMDtv membership, will continue month-to-month or annually (if you chose an annual subscription) unless and until you cancel your membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, "Payment Choice") to use the CMDtv service. We will bill the monthly or annual membership fee to your Payment Choice. You must cancel your membership before it renews each month (or year in the case or an annual subscription) in order to avoid billing of the next month's (or year’s) membership fees to your Payment Choice.

    2. Varying Memberships. From time to time, CMDtv may offer a number of membership plans, including special promotional plans or memberships with differing conditions and limitations. Any materially different terms from those described in these Terms of Use will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your membership with CMDtv by visiting our website and clicking on the My Account link. We reserve the right to modify, terminate or otherwise amend our offered membership plans in the future.

  2. Billing

    1. Recurring Billing. By beginning your CMDtv membership, you authorize us to charge you a recurring monthly or annual membership fee at the then current rate, and any other charges you may incur in connection with your use of the CMDtv service to your Payment Choice. You acknowledge that the amount billed each month or year may vary from month to month or year to year for reasons that may include differing amounts due to changing or adding a plan, and you authorize us to charge your Payment Choice for such varying amounts, which may be billed monthly or annually in one or more charges.

    2. Price Changes. We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to your service will take effect following email notice to you.

    3. Billing Cycle. The membership fee for our service will be billed at the beginning of your membership and each month (or year, in the case of annual subscriptions) thereafter unless and until you cancel your membership. We automatically bill your Payment Choice each month on the calendar day corresponding to the commencement of your paying membership. Membership fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Choice has not successfully settled. In the event your paying membership began on a day not contained in a given month, we may bill your Payment Choice on a day in the applicable month or such other day as we deem appropriate. For example, if you started your CMDtv membership or became a paying monthly member on March 31st, your next payment date is likely to be April 30th, and your Payment Choice would be billed on that date. Your renewal date may change due to changes in your Membership. Visit our website and click on the "View billing details" link on the My Account page to see the commencement date for your next renewal period. We may authorize your Payment Choice in anticipation of membership or service-related charges. As used in these Terms of Use, "billing" shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Choice. Unless otherwise stated differently, month or monthly (or year, annual, or annually) refers to your billing cycle.

    4. No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through 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. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide other members credits in the future, under any circumstance.

    5. Payment Choices. You may edit your Payment Choice information by visiting our website and clicking on the My Account link, available at the top of the pages of the CMDtv website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Choice information or cancel your account (see, "Cancellation" below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Choice, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Choices, the issuer of your Payment Choice may charge you a foreign transaction fee or other charges. Check with your Payment Choice service provider for details.

    6. Cancellation. You may cancel your CMDtv membership at any time, and you will continue to have access to the CMDtv service through the end of your monthly or annual billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH OR PARTIAL-YEAR MEMBERSHIP PERIODS OR UNWATCHED CONTENT. To cancel, go to the "Account" page on our website and follow the instructions for cancellation.


PASSWORDS & ACCOUNT ACCESS
  1. The member who created the CMDtv account and whose Payment Choice is charged is referred to here as the Account Owner. The Account Owner has access and control over the CMDtv account. The Account Owner's control is exercised through use of the Account Owner's password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting CMDtv Customer Service and potentially altering the Account Owner's control, the Account Owner should not reveal the Payment Choice details (e.g., last four digits of their credit or debit card) associated with their account. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.

  2. In order to provide you with ease of access to your account and to help administer the CMDtv service, CMDtv implements technology that enables us to recognize you as the Account Owner and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the CMDtv service, which includes accessing via CMDtv ready devices or website.

  3. BY SHARING THE CMDTV SERVICE PASSWORD OR ALLOWING OTHERS TO ACCESS YOUR ACCOUNT, THE ACCOUNT OWNER AGREES TO BE RESPONSIBLE FOR ASSURING THAT HOUSEHOLD MEMBERS COMPLY WITH THE TERMS OF USE AND SUCH ACCOUNT OWNER SHALL BE RESPONSIBLE FOR THE ACTIONS OF THE HOUSEHOLD MEMBERS.

  4. You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the CMDtv website and not through a hyperlink in an email or any other electronic communication, even if it looks official. CMDtv reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. CMDtv is not obligated to credit or discount a membership for holds placed on the account by either a representative of CMDtv or by the automated processes of CMDtv.


DISCLAIMERS OF WARRANTIES AND LIMITATION OF LIABILITY
  1. THE CMDTV SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE CMDTV SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. CMDTV DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE CMDTV SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. CMDTV SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, CMDTV READY DEVICES, AND CMDTV SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).

  2. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL CMDTV, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.

  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.

  4. NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.


INTELLECTUAL PROPERTY

The CMDtv service, including all content provided on the CMDtv service, is protected by United States and international copyright, trade secret or other intellectual property laws and treaties.


GOVERNING LAW
  1. For all CMDtv members, these Terms of Use shall be governed by and construed in accordance with the laws of the state of North Carolina, U.S.A. without regard to conflict of law provisions.

  2. You may also be entitled to certain consumer protection rights under the laws of your local jurisdiction.


APPLICATIONS

In the future, you may come across third-party applications ("Application(s)") including, without limitation, websites, widgets, software, or other software utilities that interact with the CMDtv service. These Applications may import data related to your CMDtv account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and CMDtv is not responsible for such Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO WITH OR SPONSORED BY CMDTV AND MAY NOT BE AUTHORIZED FOR USE WITH OUR SERVICE. USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK.


USE OF INFORMATION SUBMITTED

CMDtv is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the CMDtv service, including the CMDtv website and user interfaces, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the CMDtv service. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law. Please note CMDtv is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted unsolicited to CMDtv. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against CMDtv and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.


ARBITRATION AGREEMENT
  1. If you are a CMDtv member in the United States (including its possessions and territories), you and CMDtv agree that any dispute, claim or controversy arising out of or relating in any way to the CMDtv service, these Terms of Use and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and CMDtv are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your CMDtv membership.

  2. If you elect to seek arbitration or file a small claim court action, you must first send to CMDtv, by certified mail, a written Notice of your claim ("Notice"). The Notice to CMDtv must be addressed to: General Counsel, 12343 Wake Union Church Rd., Wake forest, NC 27587, USA ("Notice Address"). If CMDtv initiates arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by CMDtv, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If CMDtv and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or CMDtv may commence an arbitration proceeding or file a claim in small claims court.

  3. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. You will be responsible for your own filing fees and CMDtv will not reimburse you for your payment those fee.

  4. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "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 the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless CMDtv and you agree otherwise, any arbitration hearings will take place in the county of our residence, Wake County, North Carolina, USA.

  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 documents submitted to the arbitrator, through a telephonic hearing, or by 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 the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain 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 CMDtv’s last written settlement offer made before an arbitrator was selected (or if CMDtv did not make a settlement offer before an arbitrator was selected), then CMDtv will pay you the amount of the award or US$1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.

  6. YOU AND CMDtv AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and CMDtv agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.


PROHIBITED USES

You agree not to use the site or any materials you may obtain through the site in a manner that violates any law. You also agree not to use the site to stalk, harass, or harm another individual, to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity. You further agree not to interfere with or disrupt the site, servers or networks connected to the site or to use any data mining, robots, or similar data gathering or extraction methods or attempt to gain unauthorized access to any portion of the site or any other accounts, computer systems, or networks connected to the site, whether through hacking, password mining, or any other means.


Last updated: March 3, 2017