Terms of Use

Effective date: February 2, 2024

Terms of Use

Effective date: February 2, 2024

Welcome to JubileeTV. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the "Services"), including, without limitation, any request to receive information about, or to purchase any of the products made available through our website(s) (each, a "Product"). Your purchase of any Products will also be governed by any other terms made available by us to you during the sales process. If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at:

Email: support@getjubileetv.com

Phone: 1-888-972-8440

Address: 1525 McCarthy Blvd #1182, Milpitas, California 95035

These Terms of Use (the "Terms") are a binding contract between you and JUBILEETV INC ("JubileeTV," "we" and "us"). Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document as well as those in the Privacy Policy , any other relevant policies and any other accompanying terms and conditions of sale entered into between you and us for the sale of any Products. Your use of or participation in certain Services may also be subject to additional policies, rules and/or conditions ("Additional Terms"), which are incorporated herein by reference, and you understand and agree that by using or participating in any such Services, you agree to also comply with these Additional Terms.

Please read these Terms carefully. They cover important information about Services provided to you and any charges, taxes, and fees we bill you. These Terms include information about future changes to these Terms , automatic renewals , limitations of liability , a class action waiver and resolution of disputes by arbitration instead of in court . PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Will these Terms ever change?

We are constantly trying to improve our Products and Services, so these Terms may need to change along with our Products and Services. We reserve the right to change the Terms at any time, but if we do, we will place a notice on our site located at getjubileetv.com, send you an email, and/or notify you by some other means.

If you don't agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.

Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

What about my privacy?

JubileeTV takes the privacy of its users very seriously. View the current JubileeTV Privacy Policy .

Children's Online Privacy Protection Act

The Children's Online Privacy Protection Act ("COPPA") requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13 years of age. We do not knowingly collect or solicit personally identifiable information from children under 13 years of age; if you are a child under 13 years of age, please do not attempt to register for or otherwise use the Services or send us any personal information. If we learn we have collected personal information from a child under 13 years of age, we will delete that information as quickly as possible. If you believe that a child under 13 years of age may have provided us personal information, please contact us at support@GetJubileeTV.com .

What are the basics of using JubileeTV?

You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you've received your parent's or guardian's permission to use the Services and have gotten your parent or guardian to agree to these Terms on your behalf). If you're agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization's or entity's behalf and bind them to these Terms (in which case, the references to "you" and "your" in these Terms, except for in this sentence, refer to that organization or entity).

You will only use the Services and Products you obtain for your own non-commercial use, and only in a manner that complies with all laws that apply to you. If your use of the Services or Products is prohibited by applicable laws, then you aren't authorized to use the Services. We can't and won't be responsible for your using the Services or Products in a way that breaks the law.

What about messaging?

As part of the Services, you may receive communications through the Services, including messages that JubileeTV sends you (for example, via email or SMS).

Are there restrictions in how I can use the Services?

You represent, warrant, and agree that you will not provide or contribute anything, including any Content (as that term is defined below), to the Services, or otherwise use or interact with the Services, in a manner that:

(a) infringes or violates the intellectual property rights or any other rights of anyone else (including JubileeTV);

(b)violates any law or regulation, including, without limitation, any applicable export control laws, privacy laws or any other purpose not reasonably intended by JubileeTV;

(c) is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;

(d) attempts, in any manner, to obtain the password, account, or other security information from any other user;

(e)violates the security of any computer network, or cracks any passwords or security encryption codes;

(f) runs Maillist, Listserv, any form of auto-responder or "spam" on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services' infrastructure);

(g) "crawls," "scrapes," or "spiders" any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);

(h)copies or stores any significant portion of the Content; or

(i) decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Products or Services.

A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

What are my rights in the Services?

The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations and so forth (all of the foregoing, the "Content") are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won't use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else's (including JubileeTV's) rights.

Subject to these Terms, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for any purpose other than using the Services is expressly prohibited without prior written permission from us. You understand that JubileeTV owns the Services. You won't modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services. The Services may allow you to copy or download certain Content, but please remember that even where these functionalities exist, all the restrictions in this section still apply.

Who is responsible for what I see and do on the Services?

Any information or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such Content originated, and you access all such information and Content at your own risk, and we aren't liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it.

The Services may contain links or connections to third-party websites or services that are not owned or controlled by JubileeTV. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that JubileeTV is not responsible for such risks.

JubileeTV has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Services. In addition, JubileeTV will not and cannot monitor, verify, censor or edit the content of any third-party site or service. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.

Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that JubileeTV shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between participants on this site or Services, or between users and any third party, you agree that JubileeTV is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release JubileeTV, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. You shall and hereby do waive California Civil Code Section 1542 or any similar law of any jurisdiction, which says in substance: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

Will JubileeTV ever change the Services?

We're always trying to improve our Products and Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We'll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn't always practical. We reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.

Do the Services cost anything?

Products are offered at the prices set forth on our Website at https://www.getjubileetv.com , and you may choose to purchase Products through the getjubileetv.com website, our mobile applications, or third-party retailers. JubileeTV may limit or cancel quantities of Products purchased, and it reserves the right to refuse any order. In the event JubileeTV needs to make a change to an order, it will attempt to notify you by contacting the email address, billing address, and/or phone number provided at the time the order was made. The prices displayed are quoted in U.S. currency and are valid only in the United States. Prices are subject to change at any time. Sales tax will be determined by the shipping address of the order and will automatically be added to the order. JubileeTV is required by law to apply sales tax to orders to certain states. Purchased Products will be shipped to the shipping address of the order. Any payment terms presented to you in the process of purchasing Products are deemed part of these Terms.

Note that if you elect to receive text messages through the Services, data and message rates may apply. Any and all such charges, fees or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees or costs may apply to your use of the Services.

(a) Billing . We use a third-party payment processor (the "Payment Processor") to bill you through a payment account linked to your account on the Services (your "Billing Account"). The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. Currently, we use Stripe, Inc. and Shopify Inc. ("Shopify") as our Payment Processors. You can access Stripe's Terms of Service at https://stripe.com/us/checkout/legal and their Privacy Policy at https://stripe.com/us/privacy . You can access Shopify's Terms of Services at https://www.shopify.com/legal/terms and their Privacy Policy at https://www.shopify.com/legal/privacy . We are not responsible for any error by, or other acts or omissions of, the Payment Processor. By choosing to purchase Products, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any such Products in accordance with the applicable payment terms, and you authorize us, through the Payment Processor, to charge your chosen payment provider (your "Payment Method"). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.

(b) Payment Method . The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.

(c) Recurring Billing . Some of the Products may be sold as a subscription, consisting of an initial period for which there is a one-time charge, followed by recurring period charges for additional Products as agreed to by you ("Paid Subscription"). By choosing a Paid Subscription, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, DO SO WITHIN ACCOUNT SETTINGS IN THE JUBILEETV APP OR CONTACT US BY EMAILING SUPPORT@GETJUBILEETV.COM OR CALLING 1-888-972-8440.

(d) Pre-Paid Subscriptions. Some of the Products may be sold as a pre-paid subscription, consisting of a one-time charge for perpetual access to the Products (“Pre-Paid Subscription”). Your Prepaid Subscription shall last until your Product is no longer operational or the JubileeTV discontinues its Services. The term of the Prepaid Subscription may further terminate upon a change of control whether through (i) consolidation or merger of JubileeTV with or into any person or entity, or (ii) the sale or transfer of all or substantially all of JubileeTV’s assets or a controlling amount of equity interests in JubileeTV. If you replace your Product under a warranty claim, your plan will transfer over to the replacement device for its useful lifetime.

(e) Current Information Required . YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE BY CALLING CUSTOMER SUPPORT AT 1-888-972-8440. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SUBSCRIPTIONS UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SUBSCRIPTIONS AS SET FORTH ABOVE.

(f) Change in Amount Authorized . If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges, including during or at the end of each billing cycle.

(g) Auto-Renewal for Paid Subscriptions . Unless you opt out of auto-renewal,any Paid Subscription(s) you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. To change or resign your Paid Subscription(s) at any time, do so within your account settings in the JubileeTV App or contact us by emailing support@getjubileetv.com or by calling 1-888-972-8440. If you terminate a Paid Subscription, you may use your subscription until the end of your then-current term, and your subscription will not be renewed after your then-current term expires. Monthly subscriptions are non-refundable. Your service will remain active until the end of your current monthly billing cycle, which aligns with the date you initially signed up. No refunds are available for annual plans. IF YOU DO NOT WANT TO CONTINUE TO BE CHARGED ON A RECURRING MONTHLY BASIS, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION VIA YOUR ACCOUNT SETTINGS IN THE JUBILEETV APP OR BY CALLING CUSTOMER SUPPORT AT 1-888-972-8440, EMAILING SUPPORT@GETJUBILEETV.COM . EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, JUBILEETV WILL NOT REFUND ANY FEES THAT YOU HAVE ALREADY PAID.

(h) Reaffirmation of Authorization . Your non-termination or continued use of a Paid Subscription reaffirms that we are authorized to charge your Payment Method for that Paid Subscription. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Subscription.

(i) Free Trials and Other Promotions . Any free trial or other promotion that provides access to free Products or free Paid Subscriptions must be used within the specified time of the trial. To avoid being charged for the Paid Subscription, you must contact us support@getjubileetv.com before the end of the trial period to cancel your subscription. If you cancel prior to the end of the trial period and are inadvertently charged for a Paid Subscription, please contact us at support@getjubileetv.com .

Are there any Terms of Sale?

Shipping Policy. Prices for the Products do not include shipping costs. Delivery charges and methods are as described on the Website. The estimated delivery date is not a guaranteed delivery date for your order and reflects the time of day when the order is placed. Refused deliveries will be returned to our warehouse. Purchases made on the JubileeTV Website ship as soon as your Product is available. You will receive an email when the order ships that contains the tracking number for shipment. If you have any questions, please contact us by emailing support@getjubileetv.com or by calling 1-888-972-8440.

Order Cancellations/Modifications . To cancel an order that was recently placed, please immediately contact us at 1-888-972-8440 and one of our customer support representatives will assist you. You acknowledge that orders typically process within 24 hours and that cancellation may not be available after such time, or any time after your order has shipped. Should cancellation not be possible, you can choose to refuse delivery of the package, and a refund will be issued upon our receipt of the returned package as further described above. If you have received the Product, and would like to return it for a refund, please see the return policy information below. For security reasons, we unfortunately cannot make address changes once an order has been placed. Please allow 30 days for the completion of any refund.

Return Policy; Exchanges . If at any time within 30 days of purchasing your Product (the "Cancellation Period"), you are not 100% satisfied for any reason, you may return such Product to us for a refund in accordance with these Terms. Any Products damaged due to reasons not covered under the Limited Warranty cannot be accepted back for refund under our return policy. To initiate a return, you must inform us of your decision within the Cancellation Period by contacting JubileeTV customer support to return the Product. Please include details regarding when and where you purchased the Product and your reason for returning the Product. At your request, JubileeTV customer support will provide you with a return materials authorization ("RMA") in the form of a shipping label. To receive a refund, you must return your Product, in good and unused condition, in its original packaging, along with all the accessories, with the applicable RMA within 30 days following the day on which you notify JubileeTV customer support that you desire to return your Product. We will process the refund as soon as possible, usually within 30 days from the date of receipt by JubileeTV of the returned Product. The Product is not eligible for a refund if the foregoing provisions, including timing, are not met.

Resale. Purchases made on our Website are intended for end-users only and are not authorized for resale.

What if I want to stop using the Services?

You're free to do that at any time; please refer to our Privacy Policy , as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services.

JubileeTV is also free to terminate (or suspend access to) your use of the Services for any reason in our discretion, including your breach of these Terms. JubileeTV has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.

What about Mobile Applications?

You acknowledge and agree that the availability of our mobile application is dependent on the third party stores from which you download the application, e.g., the App Store from Apple or the Android app market from Google (each an "App Store"). Each App Store may have its own terms and conditions to which you must agree before downloading mobile applications from such store, including the specific terms relating to Apple App Store set forth below. You agree to comply with, and your license to use our application is conditioned upon your compliance with, such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms of Use, the more restrictive or conflicting terms and conditions in these Terms of Use apply.

I use JubileeTV's App available via the Apple App Store - should I know anything about that?

These Terms apply to your use of all the Services, including our iOS applications (the "Application") available via the Apple, Inc. ("Apple") App Store, but the following additional terms also apply to the Application:

(a) Both you and JubileeTV acknowledge that the Terms are concluded between you and JubileeTV only, and not with Apple, and that Apple is not responsible for the Application or the Content;

(b) The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;

(c) You will only use the Application in connection with an Apple device that you own or control;

(d) You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;

(e) In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple's sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;

(f) You acknowledge and agree that JubileeTV, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;

(g) You acknowledge and agree that, in the event of any third-party claim that the Application or your possession and use of the Application infringes that third party's intellectual property rights, JubileeTV, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;

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

(i) Both you and JubileeTV acknowledge and agree that, in your use of the Application, you will comply with any applicable third-party terms of agreement which may affect or be affected by such use; and

(j) Both you and JubileeTV acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.

What else do I need to know?

Limited Warranty . Your JubileeTV device may fall under our limited warranty. For more information, please see our Limited Warranty Policy .

Warranty Disclaimer . Except as explicitly set forth in the previous paragraph, JubileeTV and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (JubileeTV and all such parties together, the "JubileeTV Parties") make no representations or warranties concerning the Services, including without limitation regarding any Content contained in or accessed through the Services or any Products, and the JubileeTV Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the Services. The JubileeTV Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the Services including, without limitation, any Products. EXCEPT DURING THE DURATION OF THE LIMITED WARRANTY REFERRED TO ABOVE, IF APPLICABLE, THE SERVICES AND CONTENT ARE PROVIDED BY JUBILEETV (AND ITS LICENSORS AND SUPPLIERS) ON AN "AS-IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability . TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE JUBILEETV PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE-HUNDRED ($100) DOLLARS OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO JUBILEETV IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity . You agree to indemnify and hold the JubileeTV Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys' fees) arising from or in any way related to any claims relating to (a) your use of the Services and any Products, and (b) your violation of these Terms. In the event of such a claim, suit, or action ("Claim"), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Assignment . You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without JubileeTV's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Choice of Law . These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of California, without regard to the conflicts of laws provisions thereof.

Arbitration Agreement . Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with JubileeTV and limits the manner in which you can seek relief from JubileeTV. Both you and JubileeTV acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, JubileeTV's officers, directors, employees and independent contractors ("Personnel") are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.

(a) Arbitration Rules; Applicability of Arbitration Agreement . The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in Santa Clara County, California. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the "Rules") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.

(b) Costs of Arbitration . The Rules will govern payment of all arbitration fees. JubileeTV will pay all arbitration fees for claims less than seventy-five thousand ($75,000) dollars. JubileeTV will not seek its attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.

(c) Small Claims Court; Infringement . Either you or JubileeTV may assert claims, if they qualify, in small claims court in Santa Clara County, California or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.

(d) Waiver of Jury Trial . YOU AND JUBILEETV WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and JubileeTV are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and JubileeTV over whether to vacate or enforce an arbitration award, YOU AND JUBILEETV WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.

(e) Waiver of Class or Consolidated Actions . ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor JubileeTV is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (g) below.

(f) Opt-out . You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: 1525 McCarthy Blvd #1182, Milpitas, California 95035 postmarked within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms' arbitration agreement.

(g) Exclusive Venue . If you send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration agreement permits either you or JubileeTV to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and JubileeTV agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, Santa Clara County, California, or the federal district in which that county falls.

(h) Severability . If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with JubileeTV.

License to Use of Device Data. "Device Data" means any diagnostic, technical, usage and related information, including information about your interactions with third party services. For example, Device Data may include information about the channels and shows that are played through the Services, information about which media device needs to be accessed in order to run a certain application, and information about how a device's connection to the Services is performing. You hereby grant to JubileeTV and its agents a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, share, prepare derivative works of, display, perform, and otherwise fully exploit the Device Data in connection with the Services, and JubileeTV's (and its successors' and assigns') business purposes, including without limitation for promoting and redistributing part or all of the Services in any media formats and through any media channels (including, without limitation, third party websites and services). Unless explicitly agreed in writing by JubileeTV, JubileeTV has no obligation to maintain Device Data for any specified period of time or to provide you with access to Device Data.

Submissions. We are pleased to hear from our customers and welcome your comments, feedback and suggestions regarding our Services. If you provide any suggestions or feedback, we request that you be specific and detailed which helps us make decisions about which actions to take. In addition, the Services may include features that enable you to upload content or make public posts, such as comments, suggestions, ideas, materials, notes, drawings, concepts or other information, or post comments or content on any publicly-accessible blog, community forum, or other feature on the Services (collectively, "Submissions"), you grant to JubileeTV a non-exclusive, perpetual, irrevocable, transferable, sub-licensable, royalty-free license to use, copy, modify, publicly display, publicly perform, distribute and otherwise fully exploit such Submissions. None of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions.

Collection of Images . Your JubileeTV device may gather images and audio of persons and things within view of the device's camera. As a condition of using the Services, you will ensure that anyone whose image or other information may be collected in connection with the Services has authorized such collection.

Miscellaneous . You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the JubileeTV may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms are found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and JubileeTV agree that these Terms are the complete and exclusive statement of the mutual understanding between you and JubileeTV, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of JubileeTV, and you do not have any authority of any kind to bind JubileeTV in any respect whatsoever.

Except as expressly set forth in the sections above regarding the Apple Application and the arbitration agreement, you and JubileeTV agree there are no third-party beneficiaries intended under these Terms.