Terms of Service

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Welcome to IDenTV’s TV Advertisement Portal! We are a subscription service that provides our members with access to data on the advertisements that have been aired on national TV channels in the United States ("IDenTV Data").

You have accepted these Terms of Use, which govern your use of our service. As used in these Terms of Use, "IDenTV service," "our service" or "the service" means the service provided by IDenTV to view and receive IDenTV Data, including all features and functionalities, website, and user interfaces, as well as all data and software associated with our service.

You agree to the Arbitration Agreement and class action waiver described in Section 15 to resolve any disputes with IDenTV (except for matters that may be taken to small claims court).

Please note that these Terms of Use include hyperlinks that may be accessed only through our website.

  1. Acceptance of Terms of Use
  1. These Terms of Use, which include our Privacy Statement and End User License Agreement (Insert Link) ("EULA") govern your use of the IDenTV service. By using, visiting, or browsing the IDenTV service, you accept and agree to these Terms of Use. If you do not agree to these Terms of Use, do not use the IDenTV service.
  2. The IDenTV service is provided by IDenTV LLC.

  1. Changes to Terms of Use. IDenTV may, from time to time, change these Terms of Use, including the Privacy Statement and EULA. Such revisions shall be effective immediately; provided however, for existing members, such revisions shall, unless otherwise stated, be effective 30 days after posting. We will endeavor to post prior versions of the Terms of Use, if any, for the preceding 12-month period.

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

  1. Communication Preferences. By using the IDenTV service, you consent to receiving electronic communications from IDenTV relating to your account. These communications may involve sending emails to your email address provided during registration, or posting communications on the IDenTV service, or in the "Account" page and will include notices about your account (e.g., payment authorizations, change in password or Payment Method, confirmation e-mails and other transactional information) and are part of your relationship with IDenTV. You agree that any notices, agreements, disclosures 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 us, such as newsletters about new IDenTV features and data, special offers, promotional announcements and customer surveys via email or other methods.

  1. Subscription, Free Trials, Billing and Cancellation
  1. Membership
  1. Ongoing Membership. Your IDenTV membership, which may start with a free trial, will continue month-to-month and automatically renew 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 Method") to use the IDenTV service. We will bill the monthly membership fee to your Payment Method. You must cancel your membership before it renews each month in order to avoid billing of the next month's membership fees to your Payment Method.

  1. Differing Membership. We 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 IDenTV by visiting our portal and clicking on the “Account" link. We reserve the right to modify, terminate or otherwise amend our offered membership plans.

  1. Free Trials
  1. Your IDenTV membership may start with a free trial. The free trial period of your membership lasts for one month, or as otherwise specified during sign-up. Free trials are for new and certain former members only. IDenTV reserves the right, in its absolute discretion, to determine your free trial eligibility.
  2. We will begin billing your Payment Method for monthly membership fees at the end of the free trial period of your membership and your membership will automatically renew monthly unless you cancel prior to the end of the free trial period. To view the specific details of your membership, including monthly membership price and end date of your free trial period, visit our portal and click on the “Account" page. We may authorize your Payment Method through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.

  1. Billing
  1. Recurring Billing. By starting your IDenTV membership and providing or designating a Payment Method, you authorize us to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the IDenTV service, such as taxes or possible transaction fees, to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers, including promotional code redemption, and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.

  1. 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.

  1. Billing Cycle. The membership fee for our service will be billed at the beginning of the paying portion of your membership and each month thereafter unless and until you cancel your membership. We automatically bill your Payment Method 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 Method 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 Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your IDenTV membership or became a paying member on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your Membership. We may authorize your Payment Method 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 Method. Unless otherwise stated differently, month or monthly refers to your billing cycle.

  1. 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 credits in the future, under any circumstance.

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

  1. Cancellation. You may cancel your IDenTV membership at any time, and you will continue to have access to the IDenTV service through the end of your monthly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS. To cancel, go to the "Account" page on our website and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click "View billing details" on the "Account" page. If you signed up for IDenTV using your account with a third party as a Payment Method, and wish to cancel your IDenTV membership at any time, including during your free trial, you may need to do so through such third party, including by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from, the IDenTV service through that third party. You may also find billing information about your IDenTV membership by visiting your account with the applicable third party.

  1. IDenTV Service
  1. You must be 18 years of age, or the age of majority in your province, territory or country, to become a member of the IDenTV 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.

  1. The IDenTV service and any data viewed through our service are for your personal and non-commercial use only. During your IDenTV membership, we grant you a limited, non-exclusive, non-transferable, license to access the IDenTV service and view IDenTV Data through the service. Except for the foregoing limited license, no right, title or interest shall be transferred to you.

  1. You may view IDenTV Data through the IDenTV service primarily within the country in which you have established your account and only in geographic locations where we offer our service. The data that may be available will vary by geographic location.

  1. We continually update the IDenTV service. In addition, we continually test various aspects of our service, including our website, user interfaces, service levels, plans, promotional features, availability of IDenTV data, 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.

  1. You agree to use the IDenTV service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service therein. Except as explicitly authorized in these Terms of Use, you agree not to archive, reproduce, distribute, modify, display, publish, license, create derivative works from, offer for sale, or use data obtained from or through the IDenTV service without express written permission from IDenTV. You also agree not to: use any robot, spider, scraper or other automated means to access the IDenTV service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the IDenTV service; insert any code or product or manipulate the data of the IDenTV 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 IDenTV service, including any software viruses or any other computer code, files or programs.

  1. The availability of IDenTV data will change from time to time, and from country to country. You are responsible for all Internet access charges.

  1. IDenTV software is developed by, or for, IDenTV and is designed to enable access to IDenTV Data. BY USING OUR SERVICE, YOU ACKNOWLEDGE AND AGREE TO THE END USER LICENSE AGREEMENT (Insert Link) AND TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, ACCESS TO UPDATED VERSIONS OF THE IDENTV SOFTWARE. IF YOU DO NOT ACCEPT THE FOREGOING TERMS, DO NOT USE OUR SERVICE.

  1. 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.

  1. Passwords & Account Access
  1. The member who created the IDenTV account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over the IDenTV 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 IDenTV Customer Service and potentially altering the Account Owner's control, the Account Owner should not reveal the Payment Method details (e.g., last four digits of their credit or debit card, or their email address if they use PayPal) 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.

  1. In order to provide you with ease of access to your account and to help administer the IDenTV service, IDenTV 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 IDenTV service.

  1. 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 IDenTV portal and not through a hyperlink in an email or any other electronic communication, even if it looks official. IDenTV 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. IDenTV is not obligated to credit or discount a membership for holds placed on the account by either a representative of IDenTV or by the automated processes of IDenTV.

  1. Disclaimers of Warranties and Limitations of Liability
  1. THE IDENTV SERVICE AND ALL DATA AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE IDENTV SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. IDENTV DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE IDENTV SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. IDENTV SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, DEVICES, AND IDENTV SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).

  1. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL IDENTV, 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.

  1. 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.

  1. 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.

  1. Intellectual Property. The IDenTV service, including all content provided on the IDenTV service, is protected by copyright, trade secret or other intellectual property laws and treaties.

 

  1. Governing Law. Terms of Use shall be governed by and construed in accordance with the laws of the state of California, U.S.A. without regard to conflict of laws provisions. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your state of residence.

  1. Use of Information Submitted. IDenTV 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 IDenTV service, including the IDenTV website and user interfaces, worldwide and in perpetuity 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 IDenTV service. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law.

  1. Customer Support. To find more information about our service and its features, or if you need assistance with your account, please visit IDenTV’s Help Center (Insert Link). In the event of any conflict between these Terms of Use and information provided by Customer Support or other portions of our website, these Terms of Use will control.

  1. Arbitration Agreement
  1. If you are an IDenTV member in the United States (including its possessions and territories), you and IDenTV agree that any dispute, claim or controversy arising out of or relating in any way to the IDenTV 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 IDenTV 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 IDenTV membership.

  1. If you elect to seek arbitration or file a small claim court action, you must first send to IDenTV, by certified mail, a written Notice of your claim ("Notice"). The Notice to IDenTV must be addressed to: General Counsel, IDenTV, LLC., 599 3rd St., Unit 203, San Francisco, CA 94107 ("Notice Address"). If IDenTV 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 IDenTV, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If IDenTV and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or IDenTV may commence an arbitration proceeding or file a claim in small claims court.

  1. 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 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 IDenTV and you agree otherwise, any arbitration hearings will take place in the county of San Francisco, California.

  1. YOU AND IDENTV 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 IDenTV 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.

  1. Survival. 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.

Last updated: June 20, 2017