Screenjunkies Plus Subscription Terms and Conditions
Updated as of June 27, 2016
THE FOLLOWING SCREENJUNKIES PLUS SUBSCRIPTION TERMS AND CONDITIONS (THE "SUBSCRIPTION TERMS") APPLY TO AND GOVERN YOUR ACCESS TO AND USE OF THE SCREENJUNKIES PLUS SUBSCRIPTION PRODUCTS (COLLECTIVELY, "SCREENJUNKIES PLUS" AND/OR THE "SUBSCRIPTION SERVICE") OFFERED, OPERATED, AND PROVIDED BY DEFY MEDIA, LLC AND/OR ITS AFFILIATES OR SUBSIDIARIES (COLLECTIVELY, "DEFY", "WE, "OUR", "US") FROM TIME TO TIME. BY USING THE SUBSCRIPTION SERVICE, YOU SIGNIFY YOUR AGREEMENT TO THE TERMS AND CONDITIONS OF THESE SUBSCRIPTION TERMS. IF YOU DO NOT AGREE TO THESE SUBSCRIPTION TERMS, PLEASE DO NOT USE THE SUBSCRIPTION SERVICE. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ANY PURCHASE FROM THE SITE OR THIRD PARTY APP STORES.
Changes to Subscriber Agreement
We reserve the right to make changes, modifications, amendments and/or updates to the terms in these Subscription Terms from time to time and for any reason, by posting such changes in this document, which you can access at any time by visiting www.screenjunkies.com/plus-terms. You acknowledge and agree that you shall be responsible for reviewing these Subscription Terms from time to time for changes, and that changes to these Subscription Terms shall be effective when posted. By continuing to use the Subscription Service after We have posted any such changes in the Subscriber Agreement, you are agreeing to be bound by all of the Subscriber Agreement, as amended, with respect to Your use of ScreenJunkies PLUS following the posting of such changes.
Registration and Payment for Screenjunkies Plus
Registration Process. Users may register for a paid subscription to ScreenJunkies PLUS here. By registering for a paid subscription to ScreenJunkies PLUS, you warrant and represent that: (i) you are 18 or older or have otherwise been authorized by your parent or legal guardian to register, (ii) all information you provided during the registration process is true and accurate, (iii) you will not permit third parties to access your account information, or to otherwise assign or transfer your rights to the Subscription Service, (iv) you are the cardholder of any credit or debit you provide to Us, or the cardholder or account holder have authorized your usage thereof; and (v) you will provide Us with a current, valid and accepted method of payment, currently credit card, debit card, or such methodologies as may be acceptable by the Apple App Store and the Google Play App Store (as such may be updated from time to time, the "Payment Method") throughout the term of your subscription. You are responsible for maintaining the confidentiality of your registration and login information. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details. IF YOU ARE UNDER THE AGE OF 18, OR THE APPLICABLE AGE OF MAJORITY, YOU MAY UTILIZE THE SUBSCRIPTION SERVICE ONLY WITH THE INVOLVEMENT OF A PARENT OR LEGAL GUARDIAN, UNDER SUCH PERSON'S AUTHORITY, AND OTHERWISE SUBJECT TO THESE SUBSCRIPTION TERMS. YOU ARE RESPONSIBLE FOR ALL CHARGES INCURRED DURING YOUR USE OF SCREENJUNKIES PLUS AND ANY RELATED SERVICES, INCLUDING ANY CHARGES INCURRED ON YOUR ACCOUNT BY OTHER PARTIES. PLEASE NOTE THAT SUCCESSFUL REGISTRATION FOR A PAID SUBSCRIPTION TO SCREENJUNKIES PLUS IS SUBJECT TO OUR ACCEPTANCE AND CONFIRMATION TO YOU, WHICH MAY BE GIVEN OR REFUSED IN OUR SOLE DISCRETION. When you register for the Subscription Service, you will also be asked to choose a username, password or other identification information intended to restrict access to the Subscription Service and to otherwise protect your account from unauthorized access. You are entirely responsible for maintaining the confidentiality of your password and other identification information. You agree not to use the account, username, password or other identification information of another person at any time or to disclose your identification information to any third party. You agree to notify DEFY immediately if you suspect any unauthorized use of your account or access to your identification information. YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL USE OF YOUR ACCOUNT. For the protection of Our subscribers, DEFY reserves the right to require or install revised account access procedures or applications at any time even though this may temporarily block access to certain parts of the Subscription Service.
Month-to-Month Recurring Subscription. All subscriptions are on a month-to-month recurring basis (except for the Annual Subscription described below), beginning on the date We confirm that We have accepted your order for ScreenJunkies PLUS and continuing for recurring one (1) month periods from the date on which you make your first payment for your subscription to ScreenJunkies PLUS unless and until you cancel your membership or We terminate it (in each case in accordance with these Subscription Terms). If you purchase a Month-to-Month Recurring Subscription, then each month of your subscription, beginning on the date on which your first payment is payable to Us, We will charge your Payment Method and you authorize Us to collect the applicable subscription payment and applicable taxes. You can cancel your Month-to-Month Subscription for a full refund of your purchase at any time during the forty-eight (48) hour period following your Month-to-Month Recurring Subscription purchase; otherwise, you must cancel your subscription before it renews for a subsequent month in order to avoid being charged for the subsequent month's subscription fees. If you cancel your Month-to-Month Recurring Subscription after such forty-eight (48) hour period, your cancellation will be effective at the end of the then-current month of the subscription term and your access to ScreenJunkies PLUS will terminate upon such date. EXCEPT TO THE EXTENT YOU CANCEL YOUR MONTH-TO-MONTH RECURRING SUBSCRIPTION WITHIN FORTY-EIGHT (48) HOURS OF YOUR INITIAL PURCHASE, IF YOU FAIL TO NOTIFY US BEFORE THE BEGINNING OF THE NEXT APPLICABLE MONTHLY PERIOD THAT YOU WISH TO CANCEL YOUR SUBSCRIPTION YOU UNDERSTAND THAT YOUR SUBSCRIPTION WILL AUTOMATICALLY CONTINUE FOR SUCCESSIVE ONE (1) MONTH PERIODS UNTIL CANCELLED AND YOU AUTHORIZE US TO COLLECT THE APPLICABLE SUBSCRIPTION PAYMENT AND APPLICABLE TAXES FOR SO LONG AS YOU ARE A SUBSCRIBER.
Annual Subscription. The Annual Subscription grants you access to ScreenJunkies PLUS, beginning on the date you register for the paid subscription and ending twelve (12) months thereafter. You can cancel your Annual Subscription at any time during the ten (10) day period following your Annual Subscription purchase for a refund of your purchase, less a prorated amount for such 10 day period; otherwise, you must cancel your subscription before it renews for a subsequent Annual Subscription in order to avoid being charged for the subsequent year's subscription fees. Your subscription will automatically renew at the end of the Annual Subscription term for another 12 month term. You agree that we may automatically renew your subscription and charge your Payment Method on the one year anniversary of your last subscription date (the "Renewal Date") and authorize Us to collect the applicable subscription payment and applicable taxes, unless you cancel your subscription before the Renewal Date. DEFY will automatically renew your subscription each year on the Renewal Date until you cancel your subscription or DEFY no longer offers the Subscription Service. THERE ARE NO EXCEPTIONS TO THIS POLICY (EXCEPT AS REQUIRED BY APPLICABLE LAW) AND YOU ACKNOWLEDGE AND AGREE THAT THE ANNUAL SUBSCRIPTION IS A 12 MONTH FIXED TERM CONTRACT WHICH IS PAID FOR IN FULL IN ADVANCE.
Third Party Store Subscriptions. Please note that if you purchase a subscription through a third party application store (e.g., Apple, Amazon, Google, etc.) your purchase will be subject to such party's applicable payment policy, which may not provide for refunds. Please review the terms and conditions of such stores carefully before purchasing.
Discontinuation of ScreenJunkies PLUS. If We discontinue the Subscription Service, then We (i) will notify you by email, at the email address you provide to Us during registration, (ii) may provide you with information about similar or new subscription offering, and (iii) reserve the right to cancel the Subscription Service. We will give you at least one month's notice of a discontinuation of ScreenJunkies PLUS. For Month-to-Month Recurring Subscriptions, We will not take payment from you for the month in which the discontinuation is effective (or thereafter). For an Annual Subscription, you will be entitled to a partial refund in respect of the unexpired part of the relevant 12 month period following the date of discontinuation.
Free Trials. Access to ScreenJunkies PLUS may be made available to you for free for a limited time (a "Trial Subscription"). Trial Subscriptions are for new and certain former subscribers only. DEFY reserves the right, in its absolute discretion, to determine your Trial Subscription eligibility. All of the Subscription Service Terms apply to Trial Subscriptions and such Trial Subscription does not decrease the minimum subscription commitments of a paid subscription (accordingly, by way of example, if your Trial Subscription is for fourteen (14) days and upon expiration of that period it then, in accordance with the relevant promotion (and these Subscription Terms), converts to a paid Month-to-Month Recurring Subscription, your minimum paid subscription period would be one month from the date on which your paid subscription started (and not one month from the date on which your Trial Subscription started)). If you register for a Trial Subscription, please carefully review the conditions of the Trial Subscription. In some cases, users agree to subscribe to ScreenJunkies PLUS on a paid basis at the end of their Trial Subscription, unless they cancel the Subscription Service before the Trial Subscription ends. If We ask for your Payment Method for a Trial Subscription and you do not affirmatively cancel the Subscription Service before your Trial Subscription ends, then your Payment Method will be processed and your subscription will be converted into a Month-to-Month Recurring Subscription, subject to all Subscription Terms, including any automatic renewal and/or recurring subscription terms detailed above. Your Month-to-Month Recurring Subscription will be treated as starting on the date on which your Trial Subscription was converted to a Month-to-Month Recurring Subscription. It is very important to understand that you will not receive a notice from Us that your Trial Subscription has ended or that your Month-to-Month Recurring Subscription has begun. IF YOU DO NOT WANT YOUR TRIAL SUBSCRIPTION CONVERTED INTO A MONTH-TO-MONTH RECURRING SUBSCRIPTION, YOU MUST CANCEL YOUR SERVICE BEFORE THE END OF YOUR TRIAL SUBSCRIPTION BY: (I) FOLLOWING THE INSTRUCTIONS UNDER "CANCEL MEMBERSHIP" ON THE "YOUR ACCOUNT" PAGE; TO CANCEL YOUR SUBSCRIPTION: (I) GO TO THE "YOUR ACCOUNT" PAGE ON THE SITE AND FOLLOW THE INSTRUCTIONS FOR CANCELLATION; (II) USE THE CANCELLATION FORM (WHICH CAN BE FOUND HERE); OR (III) CONTACT US AT SUPPORT@SCREENJUNKIES.COM. YOUR ACCESS TO SCREENJUNKIES PLUS WILL TERMINATE IMMEDIATELY upon cancellation IF YOU CANCEL YOUR TRIAL SUBSCRIPTION.
Promotional Code/Gift Subscriptions. We may offer promotional codes and/or gift subscriptions to the Subscription Service for certain time periods. If you are accessing the Subscription Service using one of these codes and/or gift subscriptions, any separate set of terms and conditions presented to you along with these codes and/or gift subscriptions may apply in addition to these Subscription Terms.
Bonus/Special Offers. At any time, and for any reason, We may provide a special offer, refund, discount, bonus, gift, or other consideration to some or all of ScreenJunkies PLUS current or prospective subscribers ("Bonuses"). The amount and form of such Bonuses (if any), and the decision if and in which particular territories to provide them, are at Our sole and absolute discretion. Any Bonuses which may have been offered to you, either on a standalone basis or as part of a paid subscription, are non-refundable in the event of any discontinuation of the Subscription Service. Please note that, notwithstanding anything contained herein, certain rates or special offers may not be eligible for cancellation. THE PROVISION OF BONUSES IN ONE INSTANCE IN NO MANNER SHOULD BE DEEMED TO ENTITLE YOU TO BONUSES IN THE FUTURE FOR ANY SIMILAR INSTANCES, NOR DOES IT OBLIGATE DEFY PROVIDING BONUSES IN THE FUTURE, UNDER ANY CIRCUMSTANCE.
Sales/Use Taxes. DEFY may be required to collect sales or use tax for certain purchases, including for the purchase of ScreenJunkies PLUS subscriptions. In states or regions that impose a sales or use tax, certain purchases might be subject to tax even if DEFY is not required to collect sales or use tax by any particular state or region. A purchase is not exempt merely because it is made over the Internet, by catalog, or by other remote means. Whether sales or use tax will be collected on a given purchase and the amount of the tax charged depends on a number of factors including whether the seller is subject to a tax collection obligation in that state or region. The purchaser may be responsible for any taxes not collected by DEFY. Certain states require purchasers to file a sales/use tax return annually reporting taxable purchases that were not taxed and to pay such tax. For details, We strongly encourage you to review the applicable regulations of the applicable taxing authority. If DEFY collects sales or use tax in connection with a purchase, the amount of the tax will either be shown prior to completion of the purchase or reflected in the final confirmation of that purchase.
Cancellation/Refund Policy. You may only cancel your subscription to ScreenJunkies PLUS in accordance with these Subscription Terms. To cancel your subscription: (i) go to the "Your Account" page on the Site and follow the instructions for cancellation; (ii) use the cancellation form (which can be found here); or (iii) contact us at email@example.com. If you cancel your membership, your access to the Subscription Service will end as of the effective date of cancellation as set forth in these Subscription Terms.
Access to Subscription Service; Content Ownership; Usage Restrictions; Availability.
Access to Subscription Service. Access to ScreenJunkies PLUS is subject to approval of your Payment Method information and verification of other information you submit to Us or that is otherwise provided to Us. Accordingly, if your payment (flat fee or monthly) cannot be processed for any reason, including because your Payment Method is no longer valid, We may terminate your access to ScreenJunkies PLUS immediately. Although your ScreenJunkies PLUS subscription is accessible on a number of devices, your use is limited to one (1) ScreenJunkies PLUS stream on one (1) device at any given time. IF YOU CIRCUMVENT OR ATTEMPT TO CIRCUMVENT ANY OF THE USAGE RESTRICTIONS IN THESE TERMS, YOUR SUBSCRIPTION WILL BE SUBJECT TO IMMEDIATE TERMINATION AND YOU MAY BE SUBJECT TO LEGAL ACTION. SHARING OF LOGIN INFORMATION, INCLUDING PASSWORDS, IS STRICTLY FORBIDDEN.
Content Ownership. The content available through the Subscription Service is the property of DEFY and/or third parties and is protected by copyright and other intellectual property laws of the United States and other jurisdictions. Such content may only be used or viewed by you for your personal, non-commercial use only, and provided that you (i) keep intact all copyright and other proprietary notices; (ii) do not use the content in a manner that would achieve commercial gain, or that would damage the goodwill associated with or compete with DEFY; (iii) do not use the content in a manner that suggests an association with any of Our services, brands, or products (unless otherwise authorized in writing by DEFY); and (iv) make no modifications to the content. Additionally, you agree to use the Subscription Service in a manner that complies with all applicable laws. You agree not to copy, deep link, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the content received through the Subscription Service to anyone, including, but not limited to, others in the same family, company, or organization, without the express prior written consent of DEFY.
Usage Restrictions. You may not attempt to circumvent technological measures employed to control access to, or the rights in, the Subscription Service, whether in conjunction with or through use of any device, software program, service or otherwise. In addition, without limiting the generality of the foregoing, you acknowledge and agree that (i) you are only subscribing to the Subscription Service for your individual, private, non-commercial household use and enjoyment and that no part of the Subscription Service will be viewed in areas open to the public or be received by any location which is a commercial establishment, (ii) no trademarks of any provider of Subscription Service content (including, but not limited to, DEFY) may be used by you and none of the Subscription Service content will be rebroadcast, retransmitted or otherwise used by you, (iii) running accounts of Subscription Service content/programming in progress will not be transmitted or distributed by you for any commercial purpose, (iv) no admission will be charged by you for viewing any of the programming available through the Subscription Service, (v) We and/or certain of Our content providers may enforce violations of clauses (i) through (iv) immediately above, (vi) notwithstanding anything herein to the contrary, any violation of clauses (i) through (iv) immediately above may be prosecuted by DEFY or certain of Our content providers in any court of competent jurisdiction, and (vii) any such prosecution by DEFY or Our content providers shall be governed by, among other things, applicable law and rules and regulations. The availability of the Subscription Service and the content that may be available therein may vary by your geographic location.
Submissions. DEFY 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 ("Submissions"), including responses to questionnaires or through postings to the Submission Service, including the Site 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 Submission Service. In addition, you agree not to enforce any "moral rights" in and to the Submissions, to the extent permitted by applicable law. PLEASE NOTE DEFY DOES NOT ACCEPT UNSOLICITED MATERIALS OR IDEAS FOR PROGRAMMING, AND IS NOT RESPONSIBLE FOR THE SIMILARITY OF ANY OF ITS CONTENT OR PROGRAMMING IN ANY MEDIA TO MATERIALS OR IDEAS TRANSMITTED TO DEFY. 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 DEFY REGARDING THE USE OF SUCH MATERIALS AND IDEAS, EVEN IF MATERIAL OR AN IDEA IS USED THAT MAY BE SUBSTANTIALLY SIMILAR TO THE MATERIAL OR IDEA YOU SENT.
Availability. The quality of the display of the Subscription Service 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. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. DEFY makes no representations or warranties about the quality of your watching experience on your display. The content available in and through the Subscription Service may vary from time to time and you agree that we are not obligated to provide you with any specific content under these Subscription Terms.
System Requirements; Third Party Applications.
System Requirements; Mobile Access. ScreenJunkies PLUS content is streamed over the Internet, not downloaded, so you must be connected to the Internet in order to view video content. To best experience ScreenJunkies PLUS on your computer, we recommend that you have the latest version of Chrome, Firefox, Safari, or Internet Explorer 11 installed. The Subscription Service may support viewing by certain earlier browser versions, but we cannot guarantee that all features will work correctly and recommend that you update to the most current version of your browser software. The Subscription Service mobile apps support: (i) iOS 7.0; and (ii) Android 4.0 (Ice Cream Sandwich), respectively, and above. You are solely responsible for ensuring that your system meets the minimum requirements necessary to utilize the service and for any costs associated with this. DEFY may make certain features of the Subscription Service available via your mobile phone. In addition to any charges disclosed to you by DEFY, your carrier's normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain features or products may be prohibited or restricted by your carrier. Not all products and features will work with all carriers or devices. Therefore, you should check with your carrier to find out if the product or feature that you are interested in is available for your mobile devices, and what restrictions, if any, may be applicable to your use of such products or features. By using the mobile Subscription Service provided by DEFY, you agree that DEFY may communicate with you by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the product and feature may be communicated to Us.
Third Party Applications. You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) ("Application(s)") that interact with the Subscription Service. These Applications may import data related to your Subscription Service account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and DEFY is not responsible for such Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO WITH OR SPONSORED BY DEFY AND MAY NOT BE AUTHORIZED FOR USE WITH THE SUBSCRIPTION SERVICE IN ALL COUNTRIES. USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK.
DEFY operates its business and the Subscription Service in the United States, so We cannot guarantee that the Subscription Service is available or appropriate for use outside of the United States. You agree to use our Services only in accordance with all applicable laws, rules and regulations, including those of your province, territory or country. Use of the Subscription Service is not authorized in any jurisdiction that does not give effect to these Subscription Terms. These Subscription Terms are personal to you, and you may not assign your rights or obligations to anyone. We may assign Our rights and obligations under these Subscription Terms, without notice, (i) to any affiliate of DEFY, (ii) in connection with any change of control (e.g., by merger, exchange of stock or other equity interests, etc.) involving DEFY or any of its respective parents, affiliates, or subsidiaries, or in connection with any sale of substantially all of the assets related to the Site, or (iii) to any successor in interest or other assignee of DEFY. These Subscription Terms shall be binding on and inure to the benefit of the successors and permitted assigns of DEFY. The terms and conditions contained in these Subscription Terms may not be modified by you except in a writing duly signed by you and an authorized representative of DEFY. If any provision in these Subscription Terms is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. Our failure to exercise or enforce any right or provision of these Subscription Terms shall not constitute a waiver of such right or provision. A waiver by DEFY of any right hereunder in any one instance shall not be deemed as a waiver of such right in any subsequent instance.