World Stream Terms of Use
World
Stream provides a personalized subscription service that allows our
members to access live events, movies and TV shows ("World Stream
content") streamed over the Internet to certain Internet-connected TV's,
computers and other devices ("World Stream ready devices").
You have accepted these Terms of Use, which govern your use of our service.
As
used in these Terms of Use, "World Stream service", "our service" or
"the service" means the personalized service provided by World Stream
for discovering and watching World Stream 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 WORLD STREAM (EXCEPT FOR MATTERS THAT MAY BE
TAKEN TO SMALL CLAIMS COURT).
- Membership
1.1. Your membership to any content on the
World Stream network will continue and
automatically renew until terminated. To use the World Stream
service you must have Internet access and a
World Stream 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).
1.2. We may offer a number of membership plans,
including memberships offered by third
parties in conjunction with the provision of their own products and
services. We are not responsible for the products and services provided
by such third parties. Some membership plans may have differing
conditions and limitations, which will be disclosed at your sign-up or
in other communications made available to you. You can find specific
details regarding your World Stream membership by visiting our website
and clicking on the "Account" link available at the top of the pages
under your profile name.
- Promotional Offers.
We may from time to time offer special
promotional offers, plans or memberships (“Offers”). Offer eligibility
is determined by World Stream at its sole discretion and we reserve the
right to revoke an Offer and put your
account on hold in the event that we determine you are not eligible.
Members of households with an existing or
recent World Stream membership may not be
eligible for certain introductory Offers. We may use information such as
device ID, method of payment or an account email address used with an
existing or recent World Stream membership to determine Offer
eligibility. The eligibility requirements and other limitations and
conditions will be disclosed when you sign-up for the Offer or in other
communications made available to you.
- Billing and Cancellation
3.1. Billing Cycle. The membership fee for the
World Stream service and 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 payment date indicated on the
"Account" page. The length of your billing
cycle will depend on the type of
subscription that you choose when you signed up for the
service. Membership fees are fully earned
upon payment. In some cases your payment
date may change, for example if your Payment Method has not
successfully settled, when you change your
subscription plan or if your paid
membership began on a day not contained in a given month. Visit our
website and click on the "Billing details"
link on the "Account" page to see your
next payment date. We may authorize your Payment Method
in anticipation of membership or
service-related charges through various
methods, including authorizing it up to
approximately one month of service as soon
as you register. If you signed up for World Stream using your
account with a third party as a Payment
Method, you can find the billing
information about your World Stream
membership by visiting your account with
the applicable third party.
3.2. Payment Methods. To use the World Stream
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. For some Payment Methods, the issuer may charge you
certain fees, such as foreign transaction fees or other fees relating to
the processing of your Payment Method. Check with your Payment Method
service provider for details.
3.3 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).
3.4. Cancellation. You can cancel your World
Stream membership at any time, and you
will continue to have access to the World Stream 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. If you signed up for
World Stream using your account with a third party as a Payment Method
and wish to cancel your World Stream membership, you may need to do so
through that third party, for example by visiting your account with the
applicable third party and turning off auto-renew, or unsubscribing from
the World Stream service through that third party.
3.5. 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. Except as otherwise expressly provided for in
these Terms of Use, any price changes or changes to your subscription
plan will take effect following notice to you.
3.6. No Refunds. Payments are nonrefundable and
there are no refunds or credits for
partially used membership 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.
- World Stream Service
4.1. You must be at least 18 years of age to
become a member of any content provider on
the World Stream service. Individuals under the age of 18 may only
utilize the service 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 World Stream 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 World Stream membership, we
grant you a limited, non-exclusive, non-transferable right to access the
World Stream service and view World Stream 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 World Stream 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 World Stream 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 World Stream
content. You can turn off tests participation at any time by visiting
the "Account" page and changing the "Test participation" settings.
4.5. Some World Stream content is available for
temporary download and offline viewing on
certain supported devices ("Offline Titles"). Limitations apply,
including restrictions on the number of Offline Titles per account, the
maximum number of devices that can contain Offline Titles, the time
period within which you will need to begin viewing Offline Titles and
how long the Offline Titles will remain accessible. Some Offline Titles
may not be playable in certain countries and if you go online in a
country where you would not be able to stream that Offline Title, the
Offline Title will not be playable while you are in that
country.
4.6. You agree to use the World Stream 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 World Stream service. You also agree not to circumvent, remove,
alter, deactivate, degrade or thwart any of the content protections in
the World Stream service; use any robot, spider, scraper or other
automated means to access the World Stream service; decompile, reverse
engineer or disassemble any software or other products or
processes accessible through the World
Stream service; insert any code or product
or manipulate the content of the World Stream 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 World Stream 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.
4.7. The quality of the display of the World
Stream 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 1.0 Mbps; however, we recommend a faster
connection for improved video quality. A download speed of at least 3.0
Mbps per stream is recommended to receive HD content (defined as a
resolution of 720p or higher). A download speed of at least 15.0 Mbps
per stream is recommended to receive Ultra
HD (defined as a resolution of 4K or higher). You are responsible
for all Internet access charges. Please check with your Internet
provider for information on possible Internet data usage charges. World
Stream makes no representations or warranties about the quality of your
watching experience on your display. The time it takes to begin watching
World Stream content will vary based on a number of factors, including
your location, available bandwidth at the time, the World Stream content
you have selected and the configuration of your World Stream ready
device.
4.8. The World Stream software is developed by,
or for, World Stream and may solely be
used for authorized streaming and viewing of content from World
Stream through World Stream 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 World
Stream and related third-party software. If you do not accept the
foregoing terms, do not use our service.
4.9. By using our service, you agree to look
solely to the entity that manufactured
and/or sold you the World Stream ready device for any issues
related to the device and its
compatibility with the World Stream service. We do not take
responsibility or otherwise warrant the performance of World Stream
ready devices, including the continued compatibility with our
service.
- Passwords and Account Access.
The member who created the World Stream account and whose Payment
Method is charged (the "Account Owner") is
responsible for any activity that occurs
through the World Stream 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 World Stream
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,
World Stream or our partners from identity theft or other fraudulent
activity. World Stream is not obligated to credit or discount a
membership for holds placed on the account by either a representative of
World Stream or by the automated processes of World Stream. If your
World Stream ready device is sold, lost or stolen, please deactivate the
World Stream ready device. If you fail to log out or deactivate your
device, subsequent users may access the World Stream service through
your account and may be able to access certain of your account
information. To deactivate a device, follow instructions on the
"Account" page of our website.
- Disclaimers of Warranties and Limitations on Liability
6.1. THE WORLD STREAM SERVICE AND ALL CONTENT
AND SOFTWARE ASSOCIATED THEREWITH, OR ANY
OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE WORLD STREAM
SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND
WITHOUT WARRANTY OF ANY KIND. WORLD STREAM DOES NOT GUARANTEE,
REPRESENT, OR WARRANT THAT YOUR USE OF THE WORLD STREAM SERVICE WILL BE
UNINTERRUPTED OR ERROR-FREE. WORLD STREAM SPECIFICALLY DISCLAIMS
LIABILITY FOR THE USE OF APPLICATIONS, WORLD STREAM READY DEVICES, AND
WORLD STREAM SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR
SERVICE).
6.2. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE
LAWS, IN NO EVENT SHALL WORLD STREAM, 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.
- Arbitration Agreement
7.1. You and World Stream agree that any
dispute, claim or controversy arising out
of or relating in any way to the World Stream service, these Terms of
Use and this Arbitration Agreement, shall be determined by binding
arbitration or in small claims court. Arbitration is more informal
than a lawsuit in court. Arbitration uses a neutral arbitrator
instead of a judge or jury, allows for more limited discovery than in
court, and is subject to very limited review by courts. Arbitrators can
award the same damages and relief that a court can award and nothing in
this Arbitration Agreement shall be interpreted as limiting any
non-waivable statutory rights. You agree that, by agreeing to these
Terms of Use, the U.S. Federal Arbitration Act governs the
interpretation and enforcement of this provision, and that you and World
Stream are each waiving the right to a
trial by jury or to participate in a class
action. This arbitration provision shall survive termination of this
Agreement and the termination of your World Stream membership.
7.2. If you elect to seek arbitration or file a
small claim court action, you must first send to World Stream, by
certified mail, a written Notice of your claim ("Notice"). The Notice to
World Stream must be addressed to: General Counsel, World Stream, Inc.,
2598 E. Sunrise Blvd, Suite 2104, Ft. Lauderdale, FL 33304 ("Notice
Address"). If World Stream 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 World Stream, must (a) describe the
nature and basis of the claim or dispute; and (b) set forth the specific
relief sought ("Demand"). If World Stream and you do not reach an
agreement to resolve the claim within 30 days after the Notice is
received, you or World Stream may commence an arbitration proceeding or
file a claim in small claims court.
7.3. You may download or copy a form Notice and
a form to initiate arbitration at www.adr.org.
If you are required to pay a filing fee, after World Stream receives
notice at the Notice Address that you have commenced
arbitration, World Stream will reimburse
you for your payment of the filing fee, unless your claim is for greater
than US$10,000, in which event you will be responsible for filing fees.
7.4. The arbitration will be governed by the
Consumer 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 World
Stream and you agree otherwise, any arbitration hearings will take
place in the county (or parish) of your
residence. 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.
7.5. If your claim is for US$10,000 or less, we
agree that you may choose whether the
arbitration will be conducted solely on the basis of documents
submitted to the arbitrator, through a
telephonic hearing, or by an in-person hearing as established by the AAA
Rules. If your claim exceeds US$10,000, the right to a hearing will be
determined by the AAA Rules. Regardless of the manner in which the
arbitration is conducted, the arbitrator shall issue a reasoned written
decision explaining the essential findings and conclusions on which the
award is based. If the arbitrator issues you an award that is greater
than the value of World Stream's last written settlement offer made
before an arbitrator was selected (or if World Stream did not make a
settlement offer before an arbitrator was selected), then World Stream
will pay you the amount of the award or US$5,000, whichever is greater.
Except as expressly set forth herein, the payment of all filing,
administration and arbitrator fees will be governed by the AAA Rules.
7.6. YOU AND WORLD STREAM 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 World Stream 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.
- Miscellaneous
8.1. Governing Law. These Terms of Use shall be
governed by and construed in accordance
with the laws of the state of Delaware, 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.
8.2. Unsolicited Materials. World Stream does
not accept unsolicited materials or ideas
for World Stream content, and is not responsible for the similarity of
any of its content or programming in any media to materials or ideas
transmitted to World Stream. 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 World Stream 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.
8.3. Feedback. World Stream 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 World Stream service, including the World Stream 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 World Stream service.
In addition, you agree not to enforce any "moral rights" in and to the
Feedback, to the extent permitted by applicable law.
8.4. Customer Support. To find more information
about our service and its features, or if
you need assistance with your account, please visit the World
Stream Help Center on our website. In
certain instances, Customer Service may
best be able to assist you by using a remote access support tool
through which we have full access to your
computer. If you do not want us to have this access, you should not
consent to support through the remote
access tool, and we will assist you
through other means. In the event of any conflict between these Terms of
Use and information provided by Customer Service or other portions of
our website, these Terms of Use will control.
8.5. 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.
8.6. Changes to Terms of Use and Assignment.
World Stream 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 World Stream service.
8.7. 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: May 1, 2021