GoLiveTV Terms of Use
GoLiveTV provides a personalized subscription service that allows our members to access movies and TV shows (“GoLiveTV content”) streamed over the Internet to certain Internet-connected TV’s, computers and other devices (“GoLiveTV ready devices”).
You have accepted these Terms of Use, which govern your use of our service. 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.
As used in these Terms of Use, “GoLiveTV service”, “our service” or “the service” means the personalized service provided by GoLiveTV for discovering and watching GoLiveTV content, including all features and functionalities, recommendations and reviews, the website, and user interfaces, as well as all content and software associated with our service.
YOU AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN SECTION 7 TO RESOLVE ANY DISPUTES WITH GOLIVETV (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT).
- Subscriptions and Billing
1.1. Subscriptions. While we may offer Content from time to time for free, we charge a fee to access the Services. The Services may include different Content offerings and features, with different benefits, conditions, and limitations.
1.2. Billing. By providing a credit card or other payment method accepted by GoLiveTV (“Payment Method”) for your subscription, you are expressly agreeing that we are authorized to charge you a periodic subscription fee on a recurring basis corresponding to the term of your subscription, any other fees for additional Services you may purchase, and any applicable taxes in connection with your use of your subscription to the Payment Method. When you provide a Payment Method to access a subscription, including in connection with a free trial offer, our system will attempt to verify the information you entered. We do this by processing an authorization hold, which is a standard practice. We do not charge you in connection with this authorization hold. If your Payment Method expires and you do not edit your Payment Method information or cancel your account, you authorize us to continue billing, and you will remain responsible for any uncollected amounts.
As used in these Terms, “billing” shall indicate either a charge or debit, as applicable, against your Payment Method. The subscription fee will be billed at the beginning of your subscription or expiration of your free trial period, if any, whichever is earlier, and on each periodic renewal date thereafter unless and until you cancel your subscription or the account or Service is otherwise suspended or discontinued pursuant to these Terms.
We automatically bill your Payment Method on the calendar day corresponding to commencement of your subscription. For subscribers whose subscription starts with a free trial, billing will commence upon the expiration of the free trial. Where applicable, charges may be prorated for any partial month of service. The interval of time between each recurring payment due date shall correspond to the term of your subscription and be referred to herein as a “Billing Period.” In the event your subscription began on a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, if you have a monthly subscription and became a paying subscriber on January 31, your Payment Method would next be billed on February 28. You acknowledge that the timing of when you are billed and the amount billed each Billing Period may vary, including for example due to free trials and other promotional offers, gift card redemptions, credits applied, changes in your subscription, changes in your Payment Method, and changes in applicable taxes, and you authorize us to charge your Payment Method for the corresponding amounts.
If we offer you a promotion (e.g., a promotional price) for your subscription, the specific terms of the promotion will be disclosed during your sign-up or in other materials provided to you describing the particular promotion. In the case of promotional pricing, we will begin billing your Payment Method for your subscription at the regular price after your promotion ends unless you cancel prior to the end of your promotion or unless otherwise disclosed in communications made available to you.
GoLiveTV reserves the right to change the terms of your subscription, including price, from time to time, effective as of the beginning of your next Billing Period following the date of the change. If GoLiveTV changes the subscription fee or other charges for your subscription, we will give you advance notice of these changes. However, we will not be able to notify you of changes in any applicable taxes.
1.3. Changes to the Price and Subscription Plans. We reserve the right to change our subscription plans or 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.
- Free Trials
2.1. Your GoLiveTV membership may start with a free trial. The free trial period of your membership lasts for seven days, or as otherwise specified during sign-up and is intended to allow new and certain former members to try the service.
2.2. Free trial eligibility is determined by GoLiveTV at its sole discretion and we may limit eligibility or duration to prevent free trial abuse. We reserve the right to revoke the free trial and put your account on hold in the event that we determine that you are not eligible. Members of households with an existing or recent GoLiveTV membership are not eligible. We may use information such as device ID, method of payment or an account email address used with an existing or recent GoLiveTV membership to determine eligibility. For combinations with other offers, restrictions may apply.
2.3. We will charge your Payment Method for your monthly membership fee at the end of the free trial period and your membership will automatically renew monthly unless you cancel your membership prior to the end of the free trial period. To view the monthly membership price and end date of your free trial period, visit our website and click the “Billing details” link on the “Account” page.
- Cancellation
3.1 Your subscription will continue in effect on a recurring basis corresponding to the term of your subscription unless and until you cancel your subscription or the account or Service is otherwise suspended or discontinued pursuant to these Terms. You must cancel your subscription before your next renewal date in order to avoid the next billing. We will bill the periodic subscription fee plus any applicable taxes to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). In the event that you modify your subscription to switch from one Service to another Service during your Billing Period, you may not have continued access to your original Service. If you cancel your subscription, cancellation will be effective at the end of the current Billing Period – this means that you will have continued access to your subscription for the remainder of that period, but you will not receive a refund. You can cancel your subscription by logging into your GoLiveTV account and following the instructions on your account page on the GoLiveTV Site or in the settings of our mobile application. If you pay for the Services through your account with a third party (e.g., Paypal) and want to cancel your subscription or manage your billing, you may need to do so through your account with such third party.
3.2. 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.
- GoLiveTV Service
4.1. You must be 18 years of age, or the age of majority in your province, territory or country, to become a member of the GoLiveTV 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.
4.2. The GoLiveTV service and any content viewed through our service are for your personal and non-commercial use only and may not be shared with individuals beyond your household. During your GoLiveTV membership, we grant you a limited, non-exclusive, non-transferable right to access the GoLiveTV service and view GoLiveTV content through the service. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.
4.3. You may view GoLiveTV content primarily within the country in which you have established your account and 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 and will change from time to time. The number of devices on which you may simultaneously watch depends on your chosen subscription plan and is specified on the “Account” page.
4.4. The GoLiveTV service, including the content library, is regularly updated. In addition, we continually test various aspects of our service, including but not limited to our website, user interfaces, promotional features and availability of GoLiveTV content.
4.5. You agree to use the GoLiveTV 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 or content therein. Except as explicitly authorized in these Terms of Use, you agree not to archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the GoLiveTV service. You also agree not to circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the GoLiveTV service; use any robot, spider, scraper or other automated means to access the GoLiveTV service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the GoLiveTV service; insert any code or product or manipulate the content of the GoLiveTV 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 GoLiveTV service, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of our service if you violate these Terms of Use or are engaged in illegal or fraudulent use of the service.
4.6. The quality of the display of the GoLiveTV content may vary from 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. HD availability is subject to your Internet service and device capabilities. Not all content is available in all formats. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. GoLiveTV makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching GoLiveTV content show will vary based on a number of factors, including your location, available bandwidth at the time, the GoLiveTV content you have selected and the configuration of your GoLiveTV ready device.
4.7. GoLiveTV software may solely be used for authorized streaming and viewing of content from GoLiveTV through GoLiveTV ready devices. This software may vary by device and medium, and functionalities may also differ between devices. By using our service, you agree to receive, without further notice or prompting, updated versions of the GoLiveTV and related third-party software. If you do not accept the foregoing terms, do not use our service.
4.8. By using our service, you agree to look solely to the entity that manufactured and/or sold you the GoLiveTV ready device for any issues related to the device and its compatibility with the GoLiveTV service. We do not take responsibility or otherwise warrant the performance of GoLiveTV ready devices, including the continued compatibility with our service. If your GoLiveTV ready device is sold, lost or stolen, please deactivate the GoLiveTV ready device. If you fail to log out or deactivate your device, subsequent users may access the GoLiveTV service through your account and may be able to access certain of your account information.
- Passwords and Account Access.The member who created the GoLiveTV account and whose Payment Method is charged (the “Account Owner”) has access and control over the GoLiveTV account and the GoLiveTV ready devices that are used to access our service and is responsible for any activity that occurs through the GoLiveTV account. To maintain control over the account and prevent anyone from accessing the account (which could include information on viewing history for the account), the Account Owner should maintain control over the GoLiveTV ready devices that are used to access the service and not reveal the password or details of the Payment Method associated to the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, GoLiveTV or our partners from identity theft or other fraudulent activity. GoLiveTV is not obligated to credit or discount a membership for holds placed on the account by either a representative of GoLiveTV or by the automated processes of GoLiveTV.
- Disclaimers of Warranties and Limitations on Liability
6.1. THE GOLIVETV SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE GOLIVETV SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. GOLIVETV DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE GOLIVETV SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. GOLIVETV SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, GOLIVETV READY DEVICES, AND GOLIVETV SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).
6.2. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL GOLIVETV, 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.
6.3. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
6.4. NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.
- Miscellaneous
7.1. Governing Law. These Terms of Use shall be governed by and construed in accordance with the laws of the state of Maryland, 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.
7.2. Unsolicited Materials. GoLiveTV does not accept unsolicited materials or ideas for GoLiveTV content, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to GoLiveTV. 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 GoLiveTV 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.
7.3. Feedback. GoLiveTV 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 GoLiveTV service, including the GoLiveTV 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 GoLiveTV service. In addition, you agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law.
7.4. Customer Support. To find more information about our service and its features, or if you need assistance with your account, please visit the GoLiveTV Help Center on our website.
7.5. 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.
7.6. Changes to Terms of Use and Assignment. GoLiveTV may, from time to time, change these Terms of Use. Such revisions shall be effective immediately; provided however, for existing members, such revisions shall, unless otherwise stated, be effective 30 days after posting. We may assign our agreement with you to any affiliated company or to any entity that succeeds to all or substantially all of our business or assets related to the applicable GoLiveTV service.
7.7. Communication Preferences. We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Last updated: 11 May 2018
