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Please read these Terms of Use (these "Terms") carefully as they govern your use of (which includes access to) HandsOnTV's personalized services for streaming music and other content, including all of our websites and software applications that incorporate or link to these Terms (collectively, the "HandsOnTV Service") and any music, videos, podcasts, or other material that is made available through the HandsOnTV Service (the "Content").
Use of the HandsOnTV Service may be subject to additional terms and conditions presented by HandsOnTV, which are hereby incorporated by this reference into these Terms.
By signing up for, or otherwise using, the HandsOnTV Service, you agree to these Terms. If you do not agree to these Terms, then you must not use the HandsOnTV Service or access any Content.
THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 6 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.
These Terms are between you and HandsOnTV.
BY USING THE HandsOnTV SERVICE, YOU AFFIRM THAT YOU ARE 18 YEARS OR OLDER TO ENTER INTO THESE TERMS, OR, IF YOU ARE NOT, THAT YOU ARE 13 YEARS OR OLDER AND HAVE OBTAINED PARENTAL OR GUARDIAN CONSENT TO ENTER INTO THESE TERMS.
We provide numerous HandsOnTV Service options. Certain HandsOnTV Service options are provided free-of-charge, while other options require payment before they can be accessed (the "Paid Subscriptions"). We may also offer special promotional plans, memberships, or services, including offerings of third-party products and services. We are not responsible for the products and services provided by such third parties.
From time to time, we or others on our behalf may offer trials of Paid Subscriptions for a specified period without payment or at a reduced rate (a "Trial"). By using a HandsOnTV Service via a Trial, you agree to the HandsOnTV Terms and Conditions
We use reasonable efforts to keep the HandsOnTV Service operational and to provide you with a personalized, immersive video and audio experience. However, our service offerings and their availability may change from time to time, without liability to you; for example:
The HandsOnTV Services may experience temporary interruptions due to technical difficulties, maintenance or testing, or updates, including those required to reflect changes in relevant laws and regulatory requirements.
We aim to evolve and improve the HandsOnTV Service constantly, and we may modify, suspend, or stop (permanently or temporarily) providing all of part of the HandsOnTV Service (including particular functions, features, subscription plans, and promotional offerings);
HandsOnTV has no obligation to provide any specific content through the HandsOnTV Service, and HandsOnTV or the applicable owners may remove particular songs, videos, podcasts, and other Content without notice.
If you have prepaid fees directly to HandsOnTV for a Paid Subscription that HandsOnTV permanently discontinues prior to the end of your Pre-Paid Period. Payments and cancellations section below), HandsOnTV will refund you the prepaid fees for the Pre-Paid Period after such discontinuation. Your account and billing information must be up to date in order for us to refund you.
HandsOnTV has no liability to you, nor any obligation to provide a refund to you, in connection with internet or other service outages or failures that are caused by the actions of government authorities, other third parties, or events beyond our control.
You may need to create a HandsOnTV account to use all or part of the HandsOnTV Service. Your username and password are for your personal use only and should be kept confidential. You understand that you are responsible for all use (including any unauthorized use) of your username and password.
HandsOnTV may reclaim, or require you to change, your username for any reason.
Subject to your compliance with these Terms (including any other applicable terms and conditions), we grant to you limited, non-exclusive, revocable permission to make personal, non-commercial use of the HandsOnTV Service and the Content (collectively, "Access"). This Access shall remain in effect unless and until terminated by you or HandsOnTV. You agree that you will not redistribute or transfer the HandsOnTV Service or the Content.
The HandsOnTV software applications and the Content are licensed, not sold or transferred to you, and HandsOnTV and its licensors retain ownership of all copies of the HandsOnTV software applications and Content even after installation on your Devices.
The HandsOnTV Service and the Content are the property of HandsOnTV or HandsOnTV's licensors. All HandsOnTV trademarks, service marks, trade names, logos, domain names, and any other features of the HandsOnTV brand ("HandsOnTV Brand Features") are the sole property of HandsOnTV or its licensors. These Terms do not grant you any rights to use any HandsOnTV Brand Features whether for commercial or non-commercial use.
You agree to abide by the HandsOnTV User Guidelines and not to use the HandsOnTV Service, the Content, or any part thereof in any manner not expressly permitted by these Terms.
You may purchase a Paid Subscription directly from HandsOnTV by: paying a subscription fee plus applicable taxes in advance on a monthly basis or some other recurring interval disclosed to you prior to your purchase; or pre-payment giving you access to the HandsOnTV Service for a specific time period ("Pre-Paid Period").>/p>
Tax rates are calculated based on the information you provide and the applicable rate at the time of your monthly charge.
HandsOnTV may from time to time make changes to Paid Subscriptions, including recurring subscription fees, the Pre-Paid Period (for periods not yet paid), or Codes, and will communicate any price changes to you in advance. Price changes will take effect at the start of the next subscription period following the date of the price change and, by continuing to use the HandsOnTV Service after the price change takes effect, you will have accepted the new price. If you do not agree to a price change, you can reject the change by unsubscribing from the applicable Paid Subscription prior to the price change going into effect.
Tax rates are based on the rates applicable at the time of your monthly charge. These amounts can change over time with local tax requirements in your country, state, territory, county, or city. Any change in tax rate will be automatically applied based on the account information you provide.
With the exception of Paid Subscriptions for a Pre-Paid Period, your payment to HandsOnTV may automatically renew at the end of the applicable subscription period, unless you cancel your Paid Subscription before the end of the then-current subscription period. Contact our Customer Support via the Help page for details on how to cancel. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the free version of the HandsOnTV Service, if such is in place at the time. We do not provide refunds or credits for any partial subscription periods, except as expressly stated in these Terms.
If you have purchased a Paid Subscription for a Pre-Paid Period, your subscription will automatically terminate at the end of the period stated with your Code, or when there is an insufficient pre-paid balance to pay for the HandsOnTV Service.
We've established guidelines for using the HandsOnTV Service, to make sure the HandsOnTV Service stays enjoyable for everyone. In using the HandsOnTV Service, you must comply with the HandsOnTV User Guidelines, as well as all applicable laws, rules, and regulations, and respect the intellectual property, privacy, and other rights of third parties.
HandsOnTV presenters may post, upload, or otherwise contribute content to the HandsOnTV Service ("User Content"). For the avoidance of doubt, "User Content" includes all information, materials and other content that is added, created, uploaded, submitted, distributed, or posted to the HandsOnTV Service by users/presenters.
You are solely responsible for all User Content that you post.
You promise that, with respect to any User Content you post on HandsOnTV, (1) you own or have the right to post such User Content; and (2) such User Content, or its use by HandsOnTV pursuant to the license granted below, does not: (i) violate these Terms, including the HandsOnTV User Guidelines, applicable law, or the intellectual property or other rights of any third party; or (ii) imply any affiliation with or endorsement of you or your User Content by HandsOnTV or any artist, band, label, or other individual or entity without the prior express written consent from HandsOnTV or such individual or entity.
In posting or sharing User Content or other information on the HandsOnTV Service, please keep in mind that content and other information will be publicly accessible, and may be used and re-shared by others on the HandsOnTV Service and across the web, so please use caution in posting or sharing on the HandsOnTV Service, and be mindful of your account settings. HandsOnTV is not responsible for what you or others post or share on the HandsOnTV Service.
HandsOnTV may, but has no obligation to, monitor or review User Content. HandsOnTV reserves the right to remove or disable access to any User Content for any or no reason. HandsOnTV may take these actions without prior notification to you.
You retain ownership of your User Content when you post it to the HandsOnTV Service. However, in order for us to make your User Content available on the HandsOnTV Service, we do need a limited license from you to that User Content. Accordingly, you hereby grant to HandsOnTV a non-exclusive, transferable, sub-licensable, royalty-free, fully paid, irrevocable, worldwide license to reproduce, make available, perform and display, translate, modify, create derivative works from, distribute, and otherwise use any such User Content through any medium, whether alone or in combination with other Content or materials, in any manner and by any means, method or technology, whether now known or hereafter created, in connection with the HandsOnTV Service. Where applicable and to the extent permitted under applicable law, you also agree to waive, and not to enforce, any "moral rights" or equivalent rights, such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.
If you provide ideas, suggestions, or other feedback in connection with your use of the HandsOnTV Service or any Content ("Feedback"), such Feedback is not confidential and may be used by HandsOnTV without restriction and without payment to you. Feedback is considered a type of User Content under these Terms.
HandsOnTV respects the rights of intellectual property owners. If you believe that any Content infringes your copyright rights, please contact HandsOnTV immediately
These Terms will continue to apply to you until terminated by either you or HandsOnTV. HandsOnTV may terminate these Terms (including any additional terms and conditions incorporated herein) or suspend your access to the HandsOnTV Service at any time if we believe you have breached any of these Terms, if we stop providing the HandsOnTV Service or any material component thereof, or as we believe necessary to comply with applicable law. If you or HandsOnTV terminate these Terms, or if HandsOnTV suspends your access to the HandsOnTV Service, you agree that HandsOnTV shall have no liability or responsibility to you, and (except as expressly provided in these Terms) HandsOnTV will not refund any amounts that you have already paid. You may terminate these Terms at any time, in which case you may not continue accessing or using the HandsOnTV Service. To learn how to terminate your HandsOnTV account, please use the Customer Support resources on our Help page.
The following sections shall survive termination: Sections 2 (The HandsOnTV Service Provided by Us), 3 (Your Use of the HandsOnTV Service) (except as set forth therein), 4 (Content and Intellectual Property Rights), 6 (Problems and Disputes), 7 (About These Terms), as well as any other sections of these Terms that, either explicitly or by their nature, must remain in effect even after termination of these Terms.
THE HandsOnTV SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. FURTHER, HandsOnTV AND ALL OWNERS OF THE CONTENT DISCLAIM ANY EXPRESS, IMPLIED, AND STATUTORY WARRANTIES REGARDING THE CONTENT, INCLUDING WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER HandsOnTV NOR ANY OWNER OF CONTENT WARRANTS THAT THE HandsOnTV SERVICE OR CONTENT IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, HandsOnTV MAKES NO REPRESENTATION REGARDING, NOR DOES IT WARRANT OR ASSUME ANY RESPONSIBILITY FOR, ANY THIRD-PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, DEVICES OR ANY PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE HandsOnTV SERVICE OR ANY HYPERLINKED WEBSITE, AND HandsOnTV IS NOT RESPONSIBLE FOR ANY TRANSACTIONS BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF THE FOREGOING. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM HandsOnTV SHALL CREATE ANY WARRANTY ON BEHALF OF HandsOnTV. WHILE USING THE HandsOnTV SERVICE, YOU MAY HAVE ACCESS TO EXPLICIT CONTENT FILTERING FEATURES, BUT USE OF THESE FEATURES MAY STILL RESULT IN SOME EXPLICIT CONTENT BEING SERVED AND YOU SHOULD NOT RELY ON SUCH FEATURES TO FILTER ALL EXPLICIT CONTENT. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the exclusion and limitations in this section may not apply to you.
YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE HandsOnTV SERVICE IS TO UNINSTALL ANY HandsOnTV SOFTWARE AND TO STOP USING THE HandsOnTV SERVICE. YOU AGREE THAT HandsOnTV HAS NO OBLIGATION OR LIABILITY ARISING FROM OR RELATED TO THIRD-PARTY APPLICATIONS OR THE CONTENT THEREOF MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE HandsOnTV SERVICE, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD-PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO HandsOnTV, FOR ANY PROBLEMS OR DISSATISFACTION WITH ANY THIRD-PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL OR STOP USING SUCH THIRD-PARTY APPLICATIONS.
IN NO EVENT WILL HandsOnTV, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OF OR INABILITY TO USE THE HandsOnTV SERVICE, DEVICES, THIRD-PARTY APPLICATIONS, OR THIRD-PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER HandsOnTV HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE HandsOnTV SERVICE, THIRD-PARTY APPLICATIONS, OR THIRD-PARTY APPLICATION CONTENT MORE THAN THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO HandsOnTV DURING THE TWELVE MONTHS PRIOR TO THE FIRST CLAIM.
For clarification, these Terms do not limit HandsOnTV's liability for fraud, fraudulent misrepresentation, death or personal injury to the extent that applicable law would prohibit such a limitation.
ANY CLAIM ARISING UNDER THESE TERMS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD.
You acknowledge and agree that the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of these Terms and have the right to enforce these Terms directly against you. Other than as set out in this section, these Terms are not intended to grant rights to anyone except you and HandsOnTV, and in no event shall these Terms create any third-party beneficiary rights.
You agree to indemnify and hold HandsOnTV harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to: (1) your breach of any of these Terms (including any additional HandsOnTV terms and conditions incorporated herein); (2) any User Content you post or otherwise contribute; (3) any activity in which you engage on or through the HandsOnTV Service; and (4) your violation of any law or the rights of a third party.
A party who intends to seek resolution of any dispute must first send a written notice of the dispute to the other, by electronic mail The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly In the event the dispute is finally resolved in your favor, then HandsOnTV will pay you the amount of the damage as reasonably assessed to a maximum of $1,000 USD. Any documents and information disclosed in the course of the dispute shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the dispute and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law.
Under applicable law, you may have certain rights that can't be limited by a contract. These Terms are in no way intended to restrict those rights.
We may make changes to these Terms (including any additional HandsOnTV terms and conditions incorporated by reference herein) from time to time by notifying you of such changes by any reasonable means, including by posting the revised Terms on the applicable HandsOnTV Service (provided that, for material changes, we will seek to supplement such notice by email, an in-service pop-up message or other prominent notice within the Service, or other means). Any such changes will not apply to any dispute between you and us arising prior to the date on which the Terms were changed. Your use of the HandsOnTV Service following any changes to these Terms will constitute your acceptance of such changes. If you do not wish to continue using the HandsOnTV Service under the updated Terms, you may terminate your account by contacting us. The effective date set forth at the top of this document indicates when these Terms were last changed.
Other than as stated in this section or as explicitly agreed upon in writing between you and HandsOnTV, these Terms constitute all the terms and conditions agreed upon between you and HandsOnTV and supersede any prior agreements in relation to the subject matter of these Terms, whether written or oral.
Unless as otherwise stated in these Terms, should any provision of these Terms be held invalid or unenforceable for any reason or to any extent, the remaining provisions of these Terms will not be affected, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by HandsOnTV or any third-party beneficiary to enforce these Terms or any provision thereof shall not waive HandsOnTV's or the applicable third-party beneficiary's right to do so.
HandsOnTV may assign any or all of these Terms, and may assign or delegate, in whole or in part, any of its rights or obligations under these Terms. You may not assign these Terms, in whole or in part, nor transfer or sub-license your rights under these Terms, to any third party.
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