Tremonster Films, LLC (hereinafter “Tremonster”) provides authorized content from participating filmmakers and production companies (“Tremonster content”) streamed over the Internet to certain Internet-connected TV’s, computers and other devices (“Tremonster ready devices”).
1.1. Your Tremonster membership will continue and automatically renew until terminated. To use the Tremonster service you must have Internet access and a Tremonster ready device and provide us with one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party. You must cancel your membership before it renews in order to avoid billing of the membership fees for the next billing cycle to your Payment Method (see “Cancellation” below).
2. Billing and Cancellation
2.1. Billing Cycle. The membership fee for the Tremonster service any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your Payment Method on the specific billing date indicated on your “Account” page.
2.2. Payment Methods. To use the Tremonster service you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method.
2.3 Updating your Payment Methods. You can update your Payment Methods by going to the “Account” page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).
2.4. Cancellation. You can cancel your Tremonster membership at any time, and you will continue to have access to the Tremonster service through the end of your billing period. To cancel, go to the “Account” page on our website and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click “Billing details” on the “Account” page.
2.6. 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.
3. Tremonster Service
3.2. The Tremonster 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 Tremonster membership, we grant you a limited, non-exclusive, non-transferable right to access the Tremonster service and view Tremonster 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.
3.4. The quality of the display of the Tremonster 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, Ultra HD and HDR availability is subject to your Internet service and device capabilities. Not all content is available in all formats, such as HD, Ultra HD or HDR and not all plans allow you to receive content in all formats. Default playback settings on cellular networks exclude HD, Ultra HD and HDR content. The minimum connection speed for SD quality is 0.5 Mbps; however, we recommend a faster connection for improved video quality. A download speed of at least 5.0 Mbps per stream is recommended to receive HD content (defined as a resolution of 720p or higher). A download speed of at least 25.0 Mbps per stream is recommended to receive Ultra HD (defined as a resolution of 1080p or higher) and HDR content. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. Tremonster makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching Tremonster content show will vary based on a number of factors, including your location, available bandwidth at the time, the Tremonster content you have selected and the configuration of your Tremonster ready device.
3.5. Tremonster software may solely be used for authorized streaming and viewing of content from Tremonster through Tremonster 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 Tremonster and related third-party software. If you do not accept the foregoing terms, do not use our service.
3.6. By using our service, you agree to look solely to the entity that manufactured and/or sold you the Tremonster ready device for any issues related to the device and its compatibility with the Tremonster service. We do not take responsibility or otherwise warrant the performance of Tremonster ready devices, including the continued compatibility with our service.
4. Passwords and Account Access. The member who created the Tremonster account and whose Payment Method is charged (the “Account Owner”) has access and control over the Tremonster account and the Tremonster ready devices that are used to access our service and is responsible for any activity that occurs through the Tremonster account. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account.
5. Disclaimers of Warranties and Limitations on Liability
5.1. THE TREMONSTER SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE TREMONSTER SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TREMONSTER DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE TREMONSTER SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. TREMONSTER SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, TREMONSTER READY DEVICES, AND TREMONSTER SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).
5.2. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL TREMONSTER, 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.
5.3. 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. Arbitration Agreement
6.2. If you elect to seek arbitration or file a small claim court action, you must first email Tremonster, a written Notice of your claim (“Notice”). The Notice to Tremonster must be addressed to: [email protected] (“Notice Address”). If Tremonster initiates arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by Tremonster, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If Tremonster and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Tremonster may commence an arbitration proceeding or file a claim in small claims court.
6.3. The arbitration will be governed by the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless Tremonster and you agree otherwise, any arbitration hearings will take place in Cuyahoga County, Ohio The arbitrator’s award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator’s award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator’s application or conclusions of law. Any small claims actions or judicial review of claims of US$10,000 or less shall be commenced in the Cleveland Municipal Court Cuyahoga County, Ohio. Any judicial review of any claims in excess of US$10,00, shall be commenced in the Cuyahoga County, Ohio Court of Common Pleas
6.4. YOU AND TREMONSTER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Tremonster agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
7.2. Unsolicited Materials. Tremonster does not accept unsolicited materials or ideas for Tremonster content, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Tremonster. 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 Tremonster 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. Tremonster 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 Tremonster service, including the Tremonster 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 Tremonster 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 Tremonster Help Center on our website.
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.