Enjoy Spell OTT Viewer Terms of Service Agreement
This Enjoy Spell OTT Viewer Terms of Service Agreement (“Agreement”) is between you and Spell Movies, LLC (for the purposes hereof, “Enjoy Spell,” “we” or “us”). The Agreement governs your use of the “Enjoy Spell OTT Service,” an online platform that allows consumers like you to view video programs (“Programs”) from content owners and licensors (“Enjoy Spell ”) through Enjoy Spell-branded websites and applications that we power.
Notice: Section 10 of this Agreement contains a mandatory ARBITRATION AGREEMENT. By using the Enjoy Spell OTT Service, you agree that any claims you may have against Enjoy Spell relating to the Enjoy Spell OTT Service must be ARBITRATED, and you waive the right to (1) assert claims against Enjoy Spell in court: (2) participate in a class action; and (3) have a jury hear your case.
By creating an account, viewing videos, making a purchase, downloading Enjoy Spell branded applications that we power, or otherwise visiting or using the Enjoy Spell OTT Service, you accept this Agreement and consent to contract with us electronically.
If you are an entity other than a natural person, the person who registers the account or otherwise uses the Enjoy Spell OTT Service must have the authority to bind the entity. In this context, “you” means both the entity and each person who is authorized to access the account.
We may update this Agreement by posting a revised version on our website. By continuing to use the Enjoy Spell OTT Service, you accept any revised Agreement.
You may terminate the Agreement at any time by deleting your account. We reserve the right to suspend or terminate your account for your breach of the terms hereof. If Enjoy Spell deletes your account for breach, you may not re-register. In the event of any termination or expiration of the Agreement, the following sections will survive: Section 7 (Disclaimers), Section 8 (Limitation of Liability), Section 9 (Indemnification), Section 10 (Arbitration Agreement; Jury Waiver; Class Action Waiver), and Section 11 (General Provisions).
Registration: You must create an account to use certain features we offer (e.g., to view a Program). To do so, you must provide an email address. By creating an account, you agree to receive notices from Enjoy Spell you purchase at this email address.
Age Requirements: You may not create an account if you are younger than 18 years of age. By creating an account, you represent that you are at least 18 years of age, and, to the extent required by law, you have the permission of a parent or guardian to create an account and use the Enjoy Spell OTT Service.
Parents and Guardians: By granting your child permission to use the Enjoy Spell OTT Service through your account, you agree and understand that you are responsible for monitoring and supervising your child’s usage. If you believe your child is using your account and does not have your permission, please contact us immediately so that we can disable access.
Account Security: You are responsible for all activity that occurs under your account, including unauthorized activity. You must safeguard the confidentiality of your account credentials. If you are using a computer that others have access to, you must log out of your account after each session. If you become aware of unauthorized access to your account, you must change your password and notify us immediately.
By creating an account, you agree that the Producer of the Program(s) you purchase will have access to your account information and account activities, such as the viewing and purchase of the Producer’s Programs, and your contact information. Enjoy Spell is not responsible for Enjoy Spell’s use or disclosure of your data.
4. Program Viewing and Purchase Options
Enjoy Spell may offer the following purchase options through Enjoy Spell branded websites and applications:
Rental: After paying the stated fee, you may stream the Program an unlimited number of times during the stated rental period.
Purchase: After paying the stated fee, you may stream the Program an unlimited number of times; if offered by the Producer, you may download the Program.
Subscription: For a recurring fee, you may stream the Programs offered within a subscription or an unlimited number of times during your subscription period. Enjoy Spell may add or remove Programs from the channel at any time.
To make a purchase, you must provide a valid payment method. We may apply taxes, including VAT (value-added tax) or Sales tax, to any charges. Prices and other terms of purchase are subject to change. If Enjoy Spell provides you access to a Program on a free basis, such access will be deemed a “purchase” for the purpose of this Agreement.
ALL PURCHASES, INCLUDING RECURRING CHARGES, ARE FINAL AND NON-REFUNDABLE.
Free trials and Discounts: Enjoy Spell may offer free-trial or discounted subscriptions. When a free-trial period ends, your paid subscription begins (unless you have cancelled) and you must pay the full monthly, quarterly or annual fee. If Enjoy Spell provides a discount for the first subscription period, you must pay the discounted fee; in any renewal, you must pay the full fee.
Automatic Renewal: To the extent permitted by applicable law, subscriptions automatically renew for the subscription period until you cancel. Your payment method will be charged at the beginning of each subscription period. If a Purchaser offers a free-trial period, your payment method will be charged at the end of the free-trial period unless you cancel before the end of that period.
How to Decline Renewal: To pause or cancel a subscription, visit your account settings. Your changes will be applied to your next subscription period.
In-App Purchase: Enjoy Spell may allow you to purchase subscriptions within apps you download. When you make such “in-app” purchases, you will be billed by the app platform, not us. To turn off automatic renewal for subscriptions, access your platform’s account settings (not Enjoy Spell’s). Any billing inquiries should be directed to the app platform.
5. Licenses and Intellectual Property
License to Programs: Subject to the terms hereof, you have the right to stream and/or (if offered) download for your personal entertainment purposes: (i) Programs that you have rented during the stated rental period; (ii) Programs that you have purchased; and (iii) Programs made available within the Enjoy Spell channel that you have subscribed to during your subscription period.
Restrictions: You may not resell streams or downloads, use any Program for any commercial purpose, redistribute or retransmit any Program, publicly perform or display any Program, or make derivative works from any Program. All rights not expressly granted herein are reserved by the applicable Producer.
Enjoy Spell OTT Service: Subject to the terms hereof, Enjoy Spell grants you permission to use the Enjoy Spell OTT Service for the sole purpose of viewing Programs for your personal entertainment. All rights not expressly granted by Enjoy Spell are reserved.
Enjoy Spell Apps: If you download an Enjoy Spell application that we power (an “app”) that operates on a third-party platform (e.g., iOS, Roku): (i) you have the right to use such app for your personal, non-commercial use on devices permitted by the platform operator; (ii) as between Enjoy Spell and the platform operator (but without creating any obligation by Enjoy Spell), Enjoy Spell shall be responsible for the apps and their content and providing any warranty, support, or indemnification with respect to such apps as required by law; and (iii) the platform operator shall have the right to enforce the terms of this clause with respect to your use of the app.
Your Content; Feedback: To the extent that you submit any content to Enjoy Spell (i.e. in your profile, a comment, or forum), you grant Enjoy Spell an irrevocable, worldwide, non-exclusive, royalty-free, perpetual right and license to use, copy, adapt, transmit, distribute, license, and publicly perform and display such content in all media for any purpose whatsoever. Any content submitted must comply with the Acceptable Use Policy set forth in Section 6. If you make suggestions to Enjoy Spell on improving our products or services, Enjoy Spell may use your suggestions without any compensation to you.
6. Acceptable Use Policy
We may allow you to upload, submit, or publish (collectively, to “submit”) content such as images, comments and text (collectively, “content”). You must ensure that your content, and your conduct, complies with the Acceptable Use Policy set forth in this Section 6. Enjoy Spell may (but is not obligated to) monitor your account, content, and conduct, regardless of your privacy settings. Enjoy Spell may take all appropriate actions to enforce this Acceptable Use Policy including removing specific videos or suspending or removing your account.
6.1 Copyright Policy
You may only upload content that you have the right to upload and share. Copyright owners may send Enjoy Spell a takedown notice as stated in our Copyright Policy if they believe Enjoy Spell is hosting infringing materials. We will, in appropriate circumstances, terminate the accounts of persons who repeatedly infringe.
6.2 Content Restrictions
- You may not submit any content that:
Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
Is sexually explicit (e.g., pornography) or proposes a transaction of a sexual nature;
Is hateful, defamatory, or discriminatory or incites hatred against any individual or group;
Promotes or supports terror or hate groups;
Depicts unlawful acts or extreme violence;
Provides instructions on how to assemble explosive/incendiary devices or homemade/improvised firearms;
Depicts animal cruelty or extreme violence towards animals;
Promotes fraudulent or dubious business schemes or proposes an unlawful transaction;
Makes false or misleading claims about vaccination safety;
Claims that mass tragedies are hoaxes or false flag operations;
Depicts or encourages self-harm; or
Violates any applicable law.
6.3 Code of Conduct
In using the Enjoy Spell OTT Service, you may not:
Use an offensive screen name (e.g., explicit language) or avatar (e.g., containing nudity);
Act in a deceptive manner or impersonate any person or organization;
Harass or stalk any person;
Harm or exploit minors;
Distribute “spam” in any form or use misleading metadata;
Collect personal information about others;
Access another’s account without permission;
Engage in any unlawful activity; or
Cause or encourage others to do any of the above.
6.4 Prohibited Technical Measures
You will not:
Except as authorized by law or as permitted by us: scrape, reproduce, redistribute, create derivative works from, decompile, reverse engineer, alter, archive, or disassemble any part of the Enjoy Spell OTT Service; or attempt to circumvent any of our security, rate-limiting, filtering, or digital rights management measures;
Submit any malicious program, script, or code;
Submit an unreasonable number of requests to our servers; or
Take any other actions to manipulate, interfere with, or damage the Enjoy Spell OTT Service.
6.5 Restricted Users
You may not create an account if you are a member of a terror or hate group. You may not purchase any goods or services from us if you reside in a country subject to a comprehensive U.S. sanctions program or are a Specifically Designated National (SDN) as designated by the U.S. Department of the Treasury.
YOUR USE OF THE Enjoy Spell OTT SERVICE AND ANY PROGRAM IS AT YOUR OWN RISK. Enjoy Spell PROVIDES THE Enjoy Spell OTT SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. Enjoy Spell PROVIDES PROGRAMS ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. Enjoy Spell AND EACH PRODUCER DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Without limiting the above, Enjoy Spell makes no representations or warranties concerning:
The availability of the Enjoy Spell OTT Service in a particular jurisdiction.
The availability of the Enjoy Spell OTT Service for any particular device, operating system, or browser.
The continued support for a particular feature of the Enjoy Spell OTT Service.
The viewing quality of any Program. Enjoy Spell does not guarantee that you will be able to use the Enjoy Spell OTT Service at all times, or view any Program uninterrupted, error-free or displayed at any particular resolution. The quality of your viewing experience depends on a number of factors, including your viewing device and the quality of your Internet connection.
The content of any Program or the suitability of any Program for any audience. All opinions and statements expressed by or in Programs (or related materials) are those of the Producer and/or persons involved in the production of the Program, not Enjoy Spell.
The continued availability of any Program or the availability of particular Program within a subscription channel. Programs may be withdrawn at any time without notice.
Any Producer’s actions or omissions with respect to your personal information.
Enjoy Spell may provide links to other Producer websites or third-party websites. Enjoy Spell is not responsible for the content of, or any interactions or transactions that may take place on or through, any such website.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Enjoy Spell, ITS PARENT, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND PARTNERS (INCLUDING Enjoy Spell) SHALL NOT BE LIABLE FOR (I) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES; (II) DAMAGES RELATING TO ANY DISPUTE BETWEEN YOU AND Enjoy Spell OR OTHER Enjoy Spell USER; OR (III) DAMAGES EXCEEDING THE GREATER OF USD $100 OR THE AMOUNTS PAID BY YOU TO Enjoy Spell OVER THE 12 MONTHS PRECEDING THE FILING OF YOUR CLAIM.
The foregoing limitations apply to all claims, whether based on warranty, contract, tort, or any other legal theory, whether or not Enjoy Spell (or Enjoy Spell) has been informed of the possibility of such damage, and whether a remedy set forth herein is found to have failed its essential purpose. Some jurisdictions may not allow the exclusion of certain warranties or the exclusion or limitation of liability as set forth above, so these limitations above may not apply to you.
You shall indemnify, defend, and hold harmless Enjoy Spell and its parent, directors, officers, employees, representatives, consultants, agents, suppliers, and partners (including Enjoy Spell) from any liability, claim, demand, damages, losses, and costs (including attorneys’ fees) arising from: (i) your unauthorized use of any Program; (ii) your breach of this Agreement or violation of any law or third-party right; or (iii) any content that you upload or submit to us.
10. Arbitration Agreement; Jury Waiver; Class Action Waiver
This Section 10 sets forth a binding arbitration agreement between you and Enjoy Spell (the “Arbitration Agreement”). In this Arbitration Agreement, you agree:
To arbitrate all claims relating to the Enjoy Spell OTT Service;
To waive your right to a trial by jury; and
To waive any right to proceed on a class basis in arbitration or otherwise.
10.1 Arbitration Agreement
The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), or your use of the Enjoy Spell OTT Service shall be BINDING ARBITRATION administered by JAMS pursuant to its Streamlined Arbitration Rules & Procedures as modified by our Arbitration Procedures.
Arbitration provides a private dispute resolution process that is usually more streamlined and less formal than litigation. In an arbitration, your rights will be determined by a neutral third party called an arbitrator, and not a judge or jury. Both you and Enjoy Spell are entitled to fundamentally fair proceedings at every stage of the arbitration, including the hearing (if any). The arbitrator will decide all issues relating to the dispute, including the question of arbitrability, and can grant any relief that a court could grant. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
10.3 Location of Hearing
If you are a consumer, as defined by JAMS in its Consumer Minimum Standards, you may request that the arbitration hearing be conducted in the area in which you reside. Otherwise, the hearing (if any) shall take place in Seattle, Washington, United States of America.
10.4 Class-Action Waiver
EACH PARTY WAIVES ITS RIGHT TO GO TO COURT, TO A TRIAL BY JURY, AND TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING WITH RESPECT TO ANY CLAIM SUBJECT TO ARBITRATION.
10.5 Exception for Small Claims Court Matters
Notwithstanding the above, each party has the right to bring an individual claim against the other in a small claims court of competent jurisdiction pursuant to Rule 1 of JAMS’ Consumer Minimum Standards. If one party files an arbitration that could be litigated in such a small claims court, the responding party may request that the dispute proceed in small claims court. If the responding party requests to proceed in small claims court before the appointment of the arbitrator, the arbitration shall be administratively closed. If requested after the appointment of the arbitrator, the arbitrator shall administratively close the arbitration so long as the proceedings are at an early stage and no hearing has occurred.
10.6 Jurisdiction and Venue
The Federal Arbitration Agreement (“FAA”) shall govern this Arbitration Agreement. To the extent not preempted or inconsistent with the FAA, the choice of law provisions in Section 11 are incorporated and are applicable to this Arbitration Agreement. Any arbitration award may be entered in a court of competent jurisdiction.
10.7 Binding Arbitration with Enjoy Spell
To the extent that the Producer has agreed to resolve disputes with consumers through arbitration in its agreements with Enjoy Spell, you agree that any dispute with Enjoy Spell arising out of or relating to your purchase or viewing of Enjoy Spell’s Program or subscription channel shall be resolved by BINDING ARBITRATION administered by JAMS in accordance with this Section 10.
11. General Provisions
Choice of Law: Any disputes relating to this Agreement or your use of the Enjoy Spell OTT Service will be governed by the laws of Washington State and the United States of America (with respect to matters subject to federal jurisdiction such as copyright), without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.
Choice of Venue for Litigation; Jury Trial Waiver: Any proceeding to enforce the Arbitration Agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that the Arbitration Agreement is for any reason held to be unenforceable, any litigation (except for small-claims court actions) shall be commenced only in the federal or state courts located in Seattle, located in Washington State. You hereby irrevocably consent to the exclusive jurisdiction of those courts for such purposes and, to the extent permitted by law, both Enjoy Spell and you WAIVE ANY RIGHT TO A TRIAL BY JURY in such an action.
No Waiver: The failure of Enjoy Spell (or any Producer) to exercise or enforce any term of this Agreement will not constitute a waiver of such term.
Provisions Severable: If any term of this Agreement is held invalid or unenforceable, that term will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining terms will remain in full force and effect.
No Third Parties: No third parties shall have any rights under this Agreement, except that Enjoy Spell may enforce the terms herein against you, and indemnified parties may enforce indemnification rights.
Force Majeure: Neither Enjoy Spell nor any Producer shall be liable for any failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; natural disasters; wars; civil or military disturbances; sabotage; strikes; epidemics; riots; power failures; computer failure; loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes, acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation.
U.S. Export Compliance: You may not use the Enjoy Spell OTT Service if (i) you are personally subject to U.S. government sanctions or (ii) you are located in a country that is subject to U.S. Government sanctions such that your use of the Enjoy Spell OTT Service would violate U.S. law. You represent and warrant that you are not subject to such sanctions.
This Agreement sets forth the entire understanding between you and Enjoy Spell concerning your use of the Enjoy Spell OTT Service and supersedes all prior agreements regarding the same. This Agreement may only be modified by us. Any changes will be posted to the Enjoy Spell website and will apply prospectively.
Contact Us: If you have any support questions, please contact us at firstname.lastname@example.org. You must send any notices of a legal nature to us at:
Spell Movies, LLC.
Attention: Legal Department
12819 SE 38th St, Suite 562
Bellevue, WA 98006