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TERMS OF USE AGREEMENT


LAST MODIFIED: MARCH 21, 2019

PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND
RESPONSIBILITIES. THE EPIX SERVICE (AS DEFINED BELOW) IS ONLY AVAILABLE TO
RESIDENTS OF THE UNITED STATES OF AMERICA, ITS TERRITORIES AND POSSESSIONS.
THESE TERMS OF USE CONTAIN AN ARBITRATION CLAUSE AND A CLASS ACTION WAIVER
CLAUSE. BY USING THIS APPLICATION, YOU ARE ACCEPTING THE TERMS OF USE AND, WHILE
YOU MAY STILL PURSUE CLAIMS AGAINST US, WITH A FEW EXCEPTIONS (FOR EXAMPLE, IF
YOU SUBMIT A VALID ARBITRATION/CLASS ACTION WAIVER OPT-OUT NOTICE AS DESCRIBED
IN SECTION 20.5 BELOW), YOU ARE AGREEING THAT YOU MUST PURSUE YOUR CLAIMS IN A
BINDING ARBITRATION PROCEEDING (AND NOT IN A COURT) AND ONLY ON AN INDIVIDUAL
(AND NOT A CLASS ACTION) BASIS. SEE OUR FAQS FOR MORE INFORMATION ON THE
ARBITRATION AND CLASS ACTION WAIVER CLAUSES. PLEASE READ THESE TERMS OF USE
CAREFULLY TO UNDERSTAND YOUR RIGHTS AND RESPONSIBILITIES.
This is the official Terms of Use Agreement (“Agreement”) for the website
currently available at www.epix.com and www.epixnow.com, along with any other
application or other interactive service that includes an authorized link to
this Agreement (collectively, all such websites, applications and other
interactive services, “Application(s),” or, in connection with one such website,
application, or service, “Application”). The Applications are owned, operated
and/or provided on behalf of EPIX Entertainment LLC (collectively,
“EPIX,” “we,” “us,” or “our”), and are offered in cooperation or connection with
the EPIX television channel and other programming services (such as television
networks, websites, applications or other interactive services) as well as other
products and services that we may provide or otherwise make available to you
(collectively, the “EPIX Service”). This Agreement applies whether you are
accessing the Application via a personal computer, a mobile device or any other
technology or devices now known or hereafter developed or discovered (each, a
“Device”). This Agreement governs only the content, features, and activities
related to the Applications and does not cover websites or applications for any
other programming channel, any subsidiaries or affiliates of EPIX (collectively,
“Affiliates”), or any other company, unless specifically stated.
In order to access some Applications, you may purchase a subscription through a
subscription provider. You must have an active account with a subscription
provider and provide a valid method of payment, such as a credit or debit card
(a “Payment Method”). The Payment Method provided to the subscription provider
will be processed by such subscription provider and not through EPIX. Any
inquiries related to payments through your subscription provider should be
directed to your subscription provider directly.
The EPIX Service may be made available to you on a free trial basis (“Free
Trial”). Any Free Trial is limited to new EPIX Service subscribers, unless
otherwise specified. Your status as a new subscriber to the EPIX Service will be
determined by the subscription provider, in its sole discretion. These terms
apply to any Free Trial, unless otherwise specified. At the time of signing up
for a Free Trial, you may be required to provide the subscription provider with
a Payment Method in order to use the EPIX Service during the Free Trial.
UPON THE EXPIRATION OF ANY FREE TRIAL, AND IN ACCORDANCE WITH THAT FREE TRIAL’S
TERMS, ANY APPLICABLE SUBSCRIPTION FEE WILL BE CHARGED TO YOUR PAYMENT METHOD,
UNLESS YOU TIMELY CANCEL THE FREE TRIAL. YOU CAN MANAGE YOUR SUBSCRIPTION FEE
AND AUTO-RENEWAL BY VISITING YOUR SUBSCRIPTION PROVIDER’S PAYMENT PAGE.
These Applications are offered and made available only to users 18 years of age
or older who reside in the United States of America, its territories and
possessions (“U.S.”) and are fully able and competent to enter into this
Agreement. If you are not yet 18 years old, or the required greater age for
certain features, or do not reside in the U.S. and/or do not meet any other
eligibility requirements, or, if for any reason, you do not agree with all of
the terms and conditions contained in this Agreement, please discontinue using
the Applications immediately because by using or attempting to use the
Applications, you certify that you are at least 18 years of age and meet any
other eligibility and residency requirements of the Applications and agree to
all of the terms and conditions of this Agreement. The Applications are
controlled and operated by us from our offices in the U.S. We make no
representation that these Applications (including the Material (as defined
below) contained herein) are appropriate or available for use in other countries
or jurisdictions.
This Agreement, including the terms and conditions regarding your use of the
Applications, constitutes a legally binding agreement between you, on the one
hand, and EPIX, on the other hand.
In this Agreement, the term “Applications” includes all websites and web pages
within or associated with the Applications as well as any equivalent, mirror,
replacement, substitute or backup websites and web pages that are associated
with the Applications. By using any Application, you understand, acknowledge and
agree that you will abide by the terms of this Agreement and any additional
terms that govern certain products and/or services, which will be presented in
conjunction with those products and services (“Additional Terms”). The
Applications may also provide rules of participation (“Rules”) for certain
activities and services including, but not limited to, contests and sweepstakes,
award programs, membership clubs, and email. The Application's Additional Terms
and the Privacy Policy (as defined below) and the Rules are hereby incorporated
in this Agreement by reference. If there is a conflict between this Agreement
and Additional Terms for the activity which you choose to participate in, the
Additional Terms shall govern. To the extent that there is a conflict between
this Agreement and the specific Rules for the activity in which you choose to
participate, the Rules shall govern. This Agreement will remain in full force
and effect as long as you are a user of the Application and in the event of
termination of any membership, service or feature related to this Application,
you will still be bound by your obligations under this Agreement, the Privacy
Policy, any Additional Terms or Rules, including, without limitation, any
indemnifications, warranties and limitations of liability.
The words “use” or “using” in this Agreement means any time an individual (a
"user"), directly or indirectly, with or without the aid of a machine or Device,
does or attempts to access, interact with, use, display, view, print or copy
from the Application, transmit, receive or exchange data or communicate with the
Application, or in any way utilizes, benefits, takes advantage of or interacts
with any function, service or feature of the Application, for any purpose
whatsoever. This Agreement does not cover your rights or responsibilities with
respect to third party content or sites or any links that may direct your
browser or your connection to third party sites or pages. This is the entire and
exclusive Agreement between you and us regarding use of the Application and it
cannot be modified, except as specifically described below in Section 2.


1. REGISTRATION

We may require each user to have a unique user name and password combination in
order to access and use certain features or functions of the Applications and
may also, from time to time, provide users with additional codes or passwords
necessary to access and use certain features or functions of the Applications.
Please read our Privacy Policy, currently available at
https://www.epix.com/privacy-policy (“Privacy Policy”), which applies to use of
the Applications, describes the personally identifiable information (“Personal
Information”) we may collect, use, disclose, manage and store, and is
incorporated and made a part of this Agreement by this reference. As part of the
registration process for certain features or functions of these Applications,
you will choose a user name and password (or we may assign an initial password
which we will give you the option to change). You represent and warrant that all
registration information that you submit is complete, current, and accurate, and
that you will promptly update such information as needed. Your user name and
password are personal to you and you may not allow any others to use your user
name or password under any circumstances. By allowing others to access your
username and password, you understand and agree that you are responsible for
ensuring that they comply with the terms of this Agreement. Without limiting the
generality of the foregoing, we are not liable for any harm caused or related to
the theft or misappropriation of your user name or password, disclosure of your
user name or password, or your authorization of anyone else to use your user
name or password. You agree to immediately notify us if you become aware of or
believe there is or may have been any unauthorized use of (or activity using)
your user name or password or any other need to deactivate your user name or
password due to security concerns.


2. MODIFICATIONS

We reserve the right, at any time and from time to time, for any reason in our
sole discretion, to revise the terms of this Agreement by posting an updated
Terms of Use Agreement without advance notice to you. We will post or display
notices of material changes on the Application and/or e-mail you or notify you
upon login about these changes; the form of such notice is at our discretion.
Once we post them on the Application, these changes become effective immediately
and if you use the Application after they become effective it will signify your
agreement to be bound by the changes. You should check back frequently and
regularly review the terms and conditions of this Agreement, including, but not
limited to any Additional Terms and the Privacy Policy, so you are aware of the
most current rights and obligations that apply to you and the terms and
conditions of your agreement with us.


3. ONGOING SUBSCRIPTION

By creating an account with an authorized subscription provider, you agree to
pay the subscription provider a subscription fee in accordance with its terms
and any applicable taxes and service fees. Your billing will be processed by the
subscription provider. You should confirm the applicable billing policies prior
to establishing your subscription.
You may update your Payment Method with your subscription provider at any time
by accessing your account with such subscription provider. You can cancel your
subscription by contacting your subscription provider.


4. OWNERSHIP OF INTELLECTUAL PROPERTY

The Applications, including, without limitation, all Applications software,
design, text, images, photographs, illustrations, audio and video material
(including, without limitation, any and all RSS Feeds (as defined below), Viral
Features (as defined below), and video programming), artwork, graphic material,
layout, interfaces, databases, computer code, documents, proprietary information
and all copyrightable or otherwise legally protectable elements of the
Applications, including, without limitation, the selection, sequence and 'look
and feel' and arrangement of items, and all trademarks, service marks, logos,
and trade names (individually and/or collectively, “Material”), are the property
of EPIX and its Affiliates, and any of their successors and assigns, and any of
their respective licensors, Advertisers (as defined below), suppliers, and Third
Party Service Providers and are legally protected, including, without
limitation, under U.S. Federal and State, as well as applicable foreign laws,
regulations and treaties. You acknowledge and agree that, as between you and us,
we (or our licensors, as applicable) own all worldwide right, title, and
interest in and to the Material, including any intellectual property rights
embodied therein or related thereto. We reserve all rights not expressly granted
under this Agreement. Unless the context clearly requires otherwise or we
explicitly say so in writing, the term “Applications” includes “Material” as
well.
Subject to the terms and conditions herein and all applicable laws, we hereby
grant you a non-exclusive, non-assignable, non-transferable, fully revocable,
non-sublicenseable, and limited license to access, view, and use the Material
(including, without limitation, any programming made available through the
Applications) only for your personal, non-commercial use and for no other
purposes. If we terminate this limited license to use the Material, you must
immediately cease any and all access to and use of the Material (including,
without limitation, any programming made available through the Application), and
such Material will no longer be available for your access and use.
You must not alter, delete, bypass, interfere with, circumvent or conceal any
copyright, trademark, or other proprietary rights notices contained on the
Applications, including notices on any Material you are expressly permitted to
download, transmit, display, print or reproduce from the Applications. Nothing
contained on the Applications shall be deemed or construed as granting, by
implication, estoppel, or otherwise, any license or right to use any mark
displayed on the Applications without the prior written approval of EPIX or such
third party that may own the applicable mark displayed on the Applications. Your
misuse of any marks displayed on the Applications, or any other content on the
Applications, except as provided in this Agreement, is strictly prohibited. Any
feedback you provide to us relating to the Application shall be deemed to be
non-confidential. We shall be free to use such information on an unrestricted
basis.
You shall not, nor will you allow any third party (whether or not for your
benefit) to, whether directly or indirectly, rent, sell, copy, record, download,
stream capture, duplicate, archive, upload, translate, transmit, retransmit,
reverse engineer, decompile, attempt to extract source code from, reproduce,
modify, create derivative works from, display, perform, publish, distribute
(including via “mirroring”), disseminate, broadcast or circulate to any third
party (including, without limitation, on or via a third party website), or
otherwise use, any Material (including any portion thereof) unless expressly
permitted herein or upon receipt of the express prior written consent of EPIX or
its owner if EPIX is not the owner. Any unauthorized or prohibited use of any
Material may subject you to civil liability, criminal prosecution, or both,
under applicable laws. The unauthorized reproduction or distribution of a
copyrighted work is illegal. Criminal copyright infringement, including
infringement without monetary gain, is investigated by the FBI and is punishable
by up to five years in federal prison and a fine of $250,000. We require users
to respect our copyrights, trademarks, and other intellectual property rights.
We likewise respect the intellectual property of others. On notice, we will use
commercially reasonable efforts to act expeditiously to remove content on the
Application that infringes the intellectual property rights of others and to
disable the access to the Applications and its services of anyone who uses them
to repeatedly infringe the intellectual property rights of others.
We take protection of intellectual property rights, both our own and others,
very seriously. We therefore employ multiple measures to prevent intellectual
property infringement over this Applications and to promptly end any
infringement that might occur. If you believe that the Applications contain
elements that infringe your copyrights in your work, please follow the
procedures set forth in our Copyright Compliance Policy.


5. ADVERTISING

From time to time, you may communicate with, receive communications from, be
re-directed to, interact with, or participate in or use the services or obtain
goods and services of or from, third parties (collectively, the “Advertisers”)
such as our advertisers, sponsors, or promotional partners, as a result of your
use of the Applications. All such communication, interaction and participation
is strictly and solely between you and such Advertisers and we shall not be
responsible or liable to you in any way in connection with these activities or
transactions (including, without limitation, any representations, warranties,
covenants, contracts or other terms or conditions that may exist between you and
the Advertiser or any goods or services you may purchase or obtain from any
Advertiser).


6. RULES OF CONDUCT

Your use of the Applications are subject to all applicable local, state,
national laws and regulations and, in some cases, international treaties. You
are solely responsible for all activities, acts, and omissions that occur in,
from, through or under your user name or password. You are also prohibited from
using the Applications (or attempting to use the Applications, or allowing,
enabling or condoning others to use the Applications) in a manner that:
 * is or is likely to be libelous, defamatory, indecent, vulgar or obscene,
   pornographic, sexually explicit or sexually suggestive, racially, culturally,
   or ethnically offensive, harmful, harassing, intimidating, threatening,
   hateful, objectionable, discriminatory, or abusive, or which may or may
   appear to impersonate anyone else;
 * adversely affects or negatively reflects on EPIX, our goodwill, name or
   reputation or causes duress, distress or discomfort to us or anyone else or
   is likely to do so;
 * discourages or is likely to discourage any person, firm or enterprise from
   using all or any portion, features or functions of the Applications, or from
   advertising, linking or becoming a supplier to us in connection with the
   Applications;
 * sends or results in the transmission of junk e-mail, chain letters,
   duplicative or unsolicited messages, or so-called “spamming” and “phishing”;
 * uses the Applications for commercial or business purposes, including, without
   limitation, advertising, marketing or offering goods or services, whether or
   not for financial or any other form of compensation or through linking with
   any other website or web pages;
 * transmits, distributes or uploads programs or material that contain malicious
   code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware,
   or other potentially harmful programs or other material or information;
 * forges any TCP/IP packet header or part of the header information in any
   email, newsgroup posting or other posting for any reason;
 * violates any laws, rules or regulations (including, without limitation, laws
   regarding the transmission of technical data or software exported from the
   United States), judicial or governmental order or any treaties, or violates
   or infringes upon any copyright or other intellectual property rights, rights
   of publicity or privacy or any other rights of ours or of any other person,
   firm or enterprise;
 * gains or enables unauthorized access to the Applications or any of its
   features or functions, including any portion thereof, (including, without
   limitation, obtaining or attempting to obtain any Material through any means
   not intentionally made available to you), other users’ accounts, names,
   passwords, Personal Information or other computers, websites or pages,
   connected or linked to the Applications;
 * circumvents, disables or interferes with any security features of the
   Applications or other features that prevent or restrict use or copying of any
   content or enforces limitations on use of the Applications;
 * modifies, disrupts, impairs, alters or interferes with the use, features,
   functions, operation or maintenance of the Applications (including, without
   limitation, uses that can damage, disable, overburden, or impair the
   Applications) or the use and enjoyment of the Applications by any other
   person, firm or enterprise;
 * collects, obtains, compiles, gathers, transmits, reproduces, deletes,
   revises, views or displays any material or information, whether personally
   identifiable or not, posted by or concerning any other person, firm or
   enterprise, in connection with their or your use of the Applications, unless
   you have obtained the express, prior permission of such other person, firm or
   enterprise to do so;
 * except with our prior permission, uses manual or automated software, Devices,
   scripts, robots or other means or processes to access, “scrape,” “crawl” or
   “spider” any web pages or other services contained in the Applications; or
 * otherwise violates or is inconsistent with this Agreement, including, but not
   limited to, any Additional Terms and the Privacy Policy.


7. TEXT MESSAGE MARKETING AND PROMOTIONS

EPIX may provide you with the opportunity to register for special promotions,
services, news, programming and information (collectively, “Text Service(s)”)
delivered via text messaging on wireless Devices such as mobile phones and, if
we do so, we will require your prior express consent for any Text Services in
accordance with the nature of the Text Service, Additional Terms (to the extent
applicable), and applicable laws, rules and regulations. The Information
requested or transmitted as part of the registration process includes your
wireless telephone number and may include other information, such as your
preferences regarding goods or services, choices of movies, music or artists, or
other similar survey information and/or an email address. Depending on the Text
Service and the Information collected, you may also be required to confirm your
agreement to this Agreement (including, but not limited to, the Privacy Policy
and Additional Terms). If you register for Text Services, you acknowledge,
understand and agree that you may be charged by your wireless carrier for the
ability to send or receive all such messages. The standard messaging rates of
your wireless carrier shall apply to all Text Services, unless noted otherwise.
Under no circumstances shall EPIX be responsible for any wireless service
charges incurred by you or by a person that has access to your wireless Device,
telephone number, or email address. If you change or deactivate your wireless
telephone number, you agree to notify us when your wireless telephone number is
no longer associated with you and identify such wireless phone number to ensure
that future messages directed to you are not sent to the person to whom your old
number has been or will be assigned.
You understand, acknowledge and agree that EPIX may, at its sole discretion and
without liability to you or any user, terminate its offer of any specific Text
Service or all Text Services at any time without advance notice. EPIX may
provide notice of terminations or changes in services on the Applications.


8. VIRAL FEATURES

There may be portions of our Applications, content, functionality or features
(e.g., digital streaming media player(s)) (“Viral Features”) that we make
available to users for your personal use. These Viral Features may have
Additional Terms which will be posted or otherwise made available to you and, to
the extent applicable, will be deemed incorporated into and form a part of this
Agreement. While we may change how, to whom and to what extent we make these
Viral Features available at any time without any notice and in our sole
discretion, so long as they are available to you, whenever you visit our
Applications or take advantage of any of these Viral Features (whether you use
these Viral Features on your own personal or customized web pages, whether they
are displayed or appear embedded or housed within a web page or website of
anyone else, whether a commercial website or web page, an advertisement,
promotional message or even a personalized or customized web page of a friend or
through any Device that can access any of these Viral Features) you agree not to
download any Material made available as part of the Viral Features and
acknowledge that such Material is available only for streaming viewing and,
further, that you are bound by the applicable provisions of this Agreement, any
applicable Additional Terms, and our Privacy Policy.


9. POSTINGS

Your comments, suggestions and information are important to us. Portions of
these Applications may provide you and other users an opportunity to participate
in forum services, blogs, web communities and other message and communication
facilities (“Communities”) and may provide you with the opportunity, through
such Communities or otherwise, to submit, post, display, transmit and/or
exchange text, images, videos, music, information, ideas, opinions, messages or
other information (“Post” or “Postings”), your submission of which is also
governed by the terms and conditions therein, and considered a Posting for
purposes of this Agreement. You understand, acknowledge and agree that such
Postings are the sole responsibility of the person from which such Postings
originated. This means that you are solely and entirely responsible for all
Postings that you (including, but not limited to, Postings made under your name,
user name and/or email address) upload, post, email, transmit or otherwise make
available via the Applications; EPIX and its Affiliates have no, and expressly
disclaim all, responsibility and liability relating to any and all Postings,
including, without limitation, any errors or omissions in any such Postings, or
for any loss or damage of any kind incurred as a result of the use of any
Postings. Postings do not reflect the views of the Applications, EPIX or its
Affiliates, and EPIX does not represent or guarantee the truthfulness, accuracy
or reliability of any Posting or endorse or support any opinions expressed in
any Postings. EPIX does not control any Postings submitted, although we may (in
our sole discretion) use automated and/or manual means of reviewing Postings in
order to prevent unauthorized content from appearing and being displayed on our
Applications. EPIX reserves the right to review, monitor, edit and/or screen any
Postings and to delete, remove, move, re-format, edit or reject, without notice
to you, any Postings that we deem, in our sole discretion, to be in violation of
this Agreement or to be unacceptable to EPIX, or for any reason or for no reason
whatsoever; provided, however, that EPIX shall have no obligation or liability
for failure to do so or for doing so in any particular manner. If we change your
Postings, you will not be responsible for any such changes we make. If we
determine, in our sole discretion and judgment, that any Posting does or may
violate any of the terms of this Agreement, in addition to our rights as
described in this Agreement, we reserve the right, at any time and without
limiting any and all other rights we may have under this Agreement, at law or in
equity, to: (i) refuse to allow you to Post; (ii) remove and delete Postings;
(iii) revoke your right to use the Applications; and/or (iv) use any
technological, legal, operational or other means available to us to enforce the
provisions of this Agreement, including, without limitation, blocking specific
IP addresses or deactivating your registration on the Applications.
If a Posting originates from you or your account, you hereby agree that:
(a) you hereby grant EPIX and its Affiliates, and its and their sublicensees,
successors and assigns an irrevocable, sublicensable, assignable, unrestricted,
royalty-free and non-exclusive right and license to use and exploit such Posting
in whole or in part, throughout the universe, in perpetuity in or on any and all
media, now known or hereafter devised, and alone or together with or as part of
other information, content and/or Material of any kind or nature for any
purpose, together with all consents or waivers including a publicity rights
waiver and a waiver of moral rights (if any) in favor of EPIX and its Affiliates
necessary to: (i) reproduce, adapt, modify, translate, publish, publicly
perform, publicly display, distribute, reproduce, edit, reformat, and create
derivative works from such Posting, by any means and in all media formats and
channels now known or hereafter devised in perpetuity; (ii) transmit and
distribute the Posting over various networks and in various media; and (iii)
advertise and promote such use, without further notice to, or permission from,
you or any other person, and without compensation or reference to you or any
other person;
(b) you represent, warrant and covenant that (i) the Posting is original to you
and/or fully cleared for use as contemplated herein, (ii) the Posting does and
will not, in any way, violate or breach any of the terms of this Agreement,
(iii) the Posting does not contain libelous, tortious, obscene or otherwise
unlawful material or information, (iv) the Posting, and EPIX’s exercise of the
rights you grant to EPIX to the Postings, will not infringe upon, misappropriate
or otherwise violate any copyright or other intellectual property, privacy,
publicity or other rights of any party, or otherwise violate any other
applicable law, rule or regulation, (v) the Posting shall not be injurious to
the health of any user, (vi) we shall not be required to pay or incur any sums
to any person or entity as a result of our use or exploitation of the Posting,
and (vii) all of the information provided by you associated with your Posting is
complete and accurate; and
(c) if your Posting incorporates the name, logo, brand, service or trademark,
voice, likeness or image of any person, firm or enterprise, you additionally
represent, warrant and covenant that (i) you have the right to grant the
Applications, EPIX and its Affiliates the right to use all such Postings as
described above, (ii) the Posting was produced in compliance with all applicable
laws and regulations, and (iii) for any Posting that contains original videos,
you will comply with any applicable identification verification and
record-keeping requirements. With the submission of each such Posting, EPIX and
its Affiliates reserve the right to request that you, and upon such request you
must, deliver a full and complete set of such identification verification
records to us, as well as a legible photocopy of your valid driver's license,
passport or other acceptable government-issued photo identification for our
verification and record-keeping purposes. In addition, you specifically
acknowledge and agree to abide by our policies regarding governmental
certification procedures relating to the foregoing identification verification
and record-keeping procedures and, if applicable, you will promptly comply with
any specific requests or directions we give you in connection with Postings you
submit that may be subject to these requirements.
You understand, acknowledge and agree that we have the right to delete,
re-format and/or change your Postings in any manner that we may determine
(although you will not be responsible for any such changes made). The amount of
storage space on the Applications per user is limited. Some Postings may not be
processed due to space constraints or outbound message limitations. You
understand, acknowledge and agree that we assume no responsibility for deletion
of Postings or any failure to store, receive or deliver Postings in a timely
manner or any other matter relating to Postings. Posting is for noncommercial
purposes only and you may not Post in any manner which does or is intended to
promote or generate revenue for any business enterprise or commercial activity.
If you believe that any content on the Application (including, without
limitation, Postings) violates any of the terms of this Agreement (except for
any notices covered by the Copyright Compliance Policy), please contact us at
support@epix.com. to send us a message about it (please refer to our Copyright
Compliance Policy for any notices covered by the Copyright Compliance Policy).
We cannot guarantee that we will respond to your message and we reserve the
right to take or refrain from taking any or all steps available to us once we
receive any such message.


10. CONTESTS, SWEEPSTAKES, AUCTIONS & PROMOTIONS

From time to time, EPIX, its Affiliates or EPIX's Third Party Service Providers,
suppliers, and Advertisers, may conduct promotions on or through the
Applications, including, but not limited to, auctions, contests and sweepstakes
(“Promotions”). Each Promotion may have Additional Terms and/or Rules which will
be posted or otherwise made available to you and, for purposes of each
Promotion, will be deemed incorporated into and form a part of this Agreement.


11. SHOPPING

If we offer certain e-Commerce functionality to enable you to purchase goods and
services via a shop (the “E-Commerce Service” or “Shop”), additional terms (such
as those available on or through the Shop page) apply to your use and access of
the E-Commerce Service which are Additional Terms and incorporated herein by
reference.
The Shop may use Third Party Service Providers. All purchases made through these
Third Party Service Providers are subject to their respective terms and
conditions of use. EPIX is not responsible and has no liability whatsoever for
third-party goods or services you obtain through our Third Party Service
Providers or other web sites or web pages. We encourage you to make whatever
investigation you feel necessary or appropriate before proceeding with any
online transaction with any of these third parties. EPIX does not make any
representations or warranties as to the security of any information (including,
without limitation, credit card and other personal information) you might be
requested to give any such third party, and you irrevocably waive any Claim (as
defined below) against us with respect to such third-party transactions. EPIX is
not responsible for assisting you in correcting any problem you may experience
with goods and services purchased through a Third Party Service Provider, even
if the goods or services were shown on one of the Applications. EPIX cannot
ensure that you will be satisfied with any products or services that you
purchase from any Third Party Service Provider as those are owned and operated
by independent entities. Customer service issues related to goods or services
should be directed to the relevant Third Party Service Provider.
EPIX does not guarantee that product or service descriptions or other content on
the Applications will be accurate, complete, reliable, current, or error-free.
Descriptions and images of, and references to, third-party products or services
on the Applications do not imply EPIX’s endorsement of such products or
services. Furthermore, customer reviews seen in a Shop are provided by the Third
Party Service Provider’s users and are subject to such Third Party Service
Provider’s own community guidelines. EPIX and our Third Party Service Providers
reserve the right, with or without prior notice, to change product and service
descriptions, images, and references; to limit the available quantity of any
product or service; to honor, or impose conditions on the honoring of, any
coupon, coupon code, promotional code or other similar promotions; to bar any
user from conducting any or all transaction(s); and/or to refuse to provide any
user with any product or service. Price and availability of any products or
services are subject to change without notice.


12. CERTAIN PRODUCTS & SERVICES

In addition to the Additional Terms noted elsewhere in this Agreement, RSS Feeds
and Mobile Application Services (as defined below) may be subject to Additional
Terms which will be posted or otherwise made available to you and, to the extent
applicable, will be deemed incorporated into and form a part of this Agreement
12.1. RSS Feeds and Podcasts
The Applications may provide RSS Feeds (“RSS Feeds”) consisting of selected
text, audio, video, and photographic content (“Content”) from the Applications
that is provided over the Internet using an XML feed. Certain RSS Feeds may be
podcasts (“Podcasts”) which may include as part of the Content an associated
audio, video and/or photographic file where the audio and/or video file may be
downloaded and played from a user's Device or (if permitted) transferred to
another Device. Certain software and hardware is required for users to download
and view and/or play Content through RSS Feeds.
Content is Material and subject to all of the terms of this Agreement, except
that you may download, copy and/or transfer to a Device, or through a Device to
another Device, the RSS Feeds and associated Content.
By your access to and use of RSS Feeds, you understand, acknowledge and agree
that the Applications, EPIX and its Affiliates do not warrant that its RSS Feeds
will operate on all user equipment. Please see the “Disclaimer and Limitations
of Liability” section below for further details.
12.2. Mobile Applications
If EPIX offers products and services through applications available on your
wireless or other mobile Device (such as a mobile phone) (the “Mobile
Application Services”), these Mobile Application Services are governed by the
Additional Terms governing the applicable Mobile Application Service. These
Mobile Application Services may be provided at no charge to you or may be
available for a fee, as provided in the applicable Additional Terms, including,
but not limited to, the terms presented to you in connection with your download
of such Mobile Application Service. In addition, your wireless carrier's
standard messaging rates and other messaging, data and other rates and charges
will apply to certain Mobile Application Services. You should check with your
carrier to find out what plans your carrier offers and how much the plans cost.
In addition, the use or availability of certain Mobile Application Services may
be prohibited or restricted by your wireless carrier, and not all Mobile
Application Services may work with all wireless carriers or Devices. Therefore,
you should check with your wireless carrier to find out if the Mobile
Application Services are available for your wireless Device, and what
restrictions, if any, may be applicable to your use of such Mobile Application
Services. If you change or deactivate your wireless telephone number, you agree
to promptly update your Mobile Application Services account information or
otherwise notify us that the wireless telephone number is no longer associated
with you and identify such wireless phone number, to ensure that future messages
directed to you are not sent to the person to whom your old number has been or
will be assigned.
Under no circumstances will the Applications, EPIX or its Affiliates be
responsible for any wireless email, text messaging or other charges incurred by
a user (or any person that has access to a user's wireless Device, telephone
number, or email address) using any Mobile Application Services.


13. HYPERLINKS TO THIRD PARTY SITES

The appearance, availability, or your use of URLs or hyperlinks referenced or
included anywhere on the Applications or any other form of link or re-direction
of your connection to, with or through the Applications, does not constitute an
endorsement by, nor does it incur any obligation, responsibility or liability on
the part of, the Applications, EPIX or any of its Affiliates, any of their
successors and assigns, and any of their respective officers, directors,
employees, agents, representatives, licensors, Advertisers, suppliers, and Third
Party Service Providers. We do not verify, endorse or have any responsibility
for any such third party sites, their business practices (including their
privacy policies), or any materials, content, advertising, goods or services
associated with or obtained in connection with any such site, whether the
Applications’, EPIX's or any of its Affiliates' logo or sponsorship
identification is on the third party site as part of a co-branding or
promotional arrangement. If any third party site obtains or collects Personal
Information or other information from you, in no event shall we assume or have
any responsibility or liability. Please read our Privacy Policy, which describes
how EPIX collects and uses your Personal Information and other information and
certain of our relationships.
If we provide links to social media platforms, such as Facebook or Twitter, and
you choose to visit such platforms through our links, please note that the
information you post, transmit or make available on such platforms may be viewed
by the public. We are not responsible for any third-party use of any information
you post, transmit, or make available on such platforms.


14. DEACTIVATION OR TERMINATION OF YOUR REGISTRATION OR USE

If you are registered to use the Applications, you may deactivate your account
on the Applications, at any time and for any reason, by contacting the relevant
distribution or subscription participating provider. You must contact your
subscription provider to terminate any automatic renewal of the subscription
payment. If you are unable to deactivate your account on this Application using
these methods, have a free trial account from EPIX, or otherwise have questions
about how to deactivate your account, please contact us at support@epix.com.
We may terminate your use of and/or registration on the Applications, at any
time and for any reason, with or without cause, for breach of these Terms, the
Privacy Policy, or for any other reason, without prior notice to you and without
any liability or further obligation of any kind whatsoever to you or any other
party.


15. DISCLAIMER AND LIMITATIONS OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE APPLICATIONS IS AT YOUR SOLE
RISK. THE APPLICATIONS, AND ALL MATERIALS, GOODS AND SERVICES AND POSTINGS
HEREIN ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY
DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, QUALITY, AND NON-INFRINGEMENT), AND ANY AND ALL
GUARANTEES AND ASSURANCES THE APPLICATIONS WILL BE AVAILABLE FOR USE, OR THAT
ALL FEATURES, FUNCTIONS OR OPERATIONS WILL meet your requirements, BE AVAILABLE,
error-free, uninterrupted, OR PERFORM AS DESCRIBED. ANY MATERIAL DOWNLOADED FROM
THE APPLICATIONS IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING SUCH MATERIAL. WE
FURTHER DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF
ANY THIRD PARTIES IN CONNECTION WITH YOUR USE OF THE APPLICATIONS. WE DO NOT
WARRANT THAT THE APPLICATIONS, OR ANY OTHER MATERIAL OR INFORMATION MADE
AVAILABLE TO YOU THROUGH THE APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON THE
LENGTH OF AN IMPLIED WARRANTY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT
APPLY TO YOU. Without limiting the foregoing, we are not responsible or liable
for any malicious code, delays, inaccuracies, errors, or omissions relating to
your use of the Applications. You understand, acknowledge and agree that you are
assuming the entire risk as to the quality, accuracy, performance, timeliness,
adequacy, completeness, correctness, authenticity, security and validity of any
and all features and functions of the Applications, including, without
limitation, Postings and Materials associated with your use of the Applications.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THESE
APPLICATIONS, EPIX, ANY OF ITS AFFILIATES, AND THEIR RESPECTIVE SUCCESSORS AND
ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
REPRESENTATIVES, LICENSORS, THIRD PARTY SERVICE PROVIDERS, ADVERTISERS, OR
SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR
INDIRECT, RELATING TO USE OF THE APPLICATIONS, ANY ACTION YOU TAKE BASED ON THE
MATERIAL OR INFORMATION MADE AVAILABLE TO YOU ON OR THROUGH THE APPLICATIONS,
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR USER DATA, STATEMENTS OR CONDUCT OF
ANY THIRD PARTY ON OR IN CONNECTION WITH THE APPLICATIONS, OR FROM THIS
AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL,
INCIDENTAL, EXEMPLARY, DIRECT, INDIRECT, SPECIAL OR PUNITIVE DAMAGES (INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES), HOWEVER ARISING OR CAUSED, WHETHER FORESEEABLE OR NOT,
REGARDLESS OF THE FORM OF ACTION OR THE BASIS OR CHARACTERIZATION OF THE CLAIM
AND EVEN IF ADVISED OF THE POSSIBILITY OF DAMAGES. WITHOUT LIMITING THE
FOREGOING, THE APPLICATIONS ARE MAINTAINED ON SERVERS IN THE UNITED STATES AND
THE EPIX SERVICE AND EPIX AND ITS AFFILIATES DISCLAIM ALL LIABILITY FOR ANY USE
NOT SPECIFICALLY AUTHORIZED OR THAT IS IN VIOLATION OF THIS AGREEMENT OR THE
LAWS OR REGULATIONS THAT MAY APPLY TO YOU IN ANY JURISDICTION OR COUNTRY. IN NO
EVENT SHALL OUR AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE APPLICATIONS
OR THIS AGREEMENT EXCEED ONE HUNDRED US DOLLARS ($100). THE FOREGOING
LIMITATIONS SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE REASONABLY FORESEEABLE. IF
APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE FOREGOING LIMITATIONS OF
LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT
PERMITTED BY APPLICABLE LAW.
Notwithstanding any claim that a sole or exclusive remedy which is provided in
this Agreement may or does fail of its essential purpose, to the extent that the
limitations of liability set forth herein do not apply, you specifically
acknowledge and agree that your sole and exclusive remedy for any loss or damage
shall be to have EPIX, upon written notice from you to us, attempt to repair,
correct or replace any deficient goods or services under this Agreement and, if
repair, correction or replacement is not reasonably commercially practicable for
EPIX, to refund any monies actually paid by you for the goods or services
involved and to terminate and discontinue your use of the Applications.
You further understand and acknowledge the capacity of the Applications, in the
aggregate and for each user, is limited. Consequently some messages and
transmissions may not be processed in a timely fashion or at all, and some
features or functions may be restricted or delayed or become completely
inoperable. As a result, without limiting the generality of the foregoing
disclaimers and limitations of liability, you acknowledge and agree that EPIX
assumes no liability, responsibility or obligation to transmit, process, store,
receive or deliver transactions or Postings or for any failure or delay
associated with any transactions or Postings, and you are hereby expressly
advised not to rely upon the timeliness or performance of the Applications for
any transactions or Postings. Some jurisdictions do not allow for the exclusion
of certain warranties or certain limitations on damages and remedies;
accordingly some of the exclusions and limitations described in this Agreement
may not apply to you.


16. INDEMNIFICATION

You agree to indemnify, defend and hold the Applications, EPIX, and any
Affiliates, and each of the respective successors and assigns of the foregoing,
and each of their respective shareholders, members, managers, officers,
directors, employees, agents, representatives, licensors, Advertisers,
suppliers, and Third Party Service Providers harmless from and against any and
all claims, allegations, demands, lawsuits, investigations, proceedings,
liabilities, settlements, fines, penalties, causes of action, actions, losses,
expenses, damages and costs (including reasonable attorneys' fees and court
costs) of any kind or nature, arising out of, in connection with, or resulting
from (a) any breach or violation of this Agreement by you (or someone using your
account or Device to access the Applications or any other Material), (b) your
use of the Applications (or use by someone using your account or Device), or (c)
the public posting or other permitted use of your Postings.
EPIX reserves the right to assume, at its sole expense, the exclusive defense
and control of any such claim or action and all negotiations for settlement or
compromise, and you agree to fully cooperate with EPIX in the defense of any
such claim, action, settlement or compromise negotiations, as requested by EPIX.


17. ADS & MALWARE

We take great care and pride in creating these Applications. We are always on
the lookout for technical glitches that affect how the Applications work. When
we find them on our end, we will use commercially reasonable efforts to fix
them. Unfortunately, your Device may cause some glitches that affect how you see
our Applications -- and that is beyond our control.
If you experience any unusual behavior, content or ads on the Applications, it
may be the result of Malware on your Device. Malware -- short for MALicious
softWARE -- is a term used to broadly classify a form of software which is
installed in a computer system or Device with malicious intentions, usually
without the owner’s knowledge or permission. Malware includes computer viruses,
key loggers, malicious active content, rogue programs and dialers, among others.
While we continuously work closely with our partners to ensure that everything
on the Applications are working properly, sometimes Malware programs on your
Device may interfere with your experience on our Applications and on other sites
that you visit.
Please note that we cannot be responsible for the effects of any third party
software including Malware on your Device. Please make sure to carefully read
the Help or Customer Support areas of any software download site. If you do
discover any Malware on your Device, we also suggest you speak with a qualified
Device technician. If, after taking the above actions, you are still
experiencing any problems, please feel free to contact us at support@epix.com.


18. PRIVACY; ACCESS BY CHILDREN; INVESTIGATIONS/VIOLATIONS

18.1. Privacy. We respect your privacy and the use and protection of your
Personal Information. Please see our Privacy Policy for important information
and disclosures relating to the collection and use of your Personal Information
in connection with your use of the Applications.
18.2. Access by Children. The Applications contain certain mature content that
may not be appropriate for children. The primary account holder may establish
certain “Parental Controls” through the relevant participating provider. We will
recognize the maximum movie and television ratings set by the primary account
holder for each sub-account that is linked to the primary account holder.
18.3. Investigations/Violations. EPIX reserves the right to investigate
suspected violations of this Agreement, including, without limitation, any
violation arising from any invited submission, Posting or e-mails you make or
send to the Applications. EPIX may seek to gather information from the user who
is suspected of violating the terms of this Agreement, and from any other user.
We will collect and use any such information in accordance with the Privacy
Policy. EPIX may suspend or terminate any users whose conduct or Postings are
under investigation and may remove such material from its servers as it deems
appropriate and without notice. If EPIX believes, in its sole discretion, that a
violation of these terms of this Agreement has occurred, it may edit or modify
any invited submission, Posting or e-mails, remove the material permanently,
cancel postings, warn users, suspend users and passwords, terminate accounts or
take other corrective action it deems appropriate, in its sole discretion. EPIX
may provide Personal Information in response to legal process, for example, in
response to a court order or a subpoena. We also may disclose such information
in response to a law enforcement agency's request. BY ACCEPTING THIS AGREEMENT
YOU WAIVE AND HOLD HARMLESS EPIX FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN
BY EPIX DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS
TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER EPIX OR LAW ENFORCEMENT
AUTHORITIES.


19. CLOSED CAPTIONING OF INTERNET PROTOCOL-DELIVERED VIDEO PROGRAMMING

In accordance with the Twenty-First Century Communications and Video
Accessibility Act of 2010, all video programming distributors that make video
programming available directly to end users through a distribution method that
uses the internet protocol are required to provide contact information to end
users for the receipt and handling of written closed captioning complaints.
If you have a complaint regarding the Applications’ compliance with the closed
captioning requirements of the Twenty-First Century Communications and Video
Accessibility Act of 2010, please click here.


20. RESOLUTION OF DISPUTES: BINDING ARBITRATION; NO CLASS OR REPRESENTATIVE
ACTIONS OR ARBITRATIONS

See our FAQ for more information.
20.1. Binding Arbitration and Exclusions from Arbitration. Except as provided
below OR UNLESS YOU SUBMIT A VALID ARBITRATION/CLASS ACTION WAIVER OPT-OUT
NOTICE (AS DESCRIBED IN SECTION 20.5), any and all Claims between you and EPIX
will be resolved in binding arbitration rather than in court.
You and EPIX agree to submit to individual binding arbitration for the
resolution of any and all Claims by or between you and/or EPIX, except that you
and EPIX agree that the following will not be subject to the mandatory
arbitration provisions in this Section 20.1: (A) any Claim filed by you or EPIX
with respect to any violation, enforcement or validity of patent, trademark,
trade dress, service mark, copyright and/or trade secret rights of you, EPIX, or
any third party, including, but not limited to, Claims related to Postings
and/or other content that you upload to or share on the Applications and/or (B)
you or EPIX may seek a preliminary injunction, restraining order or other
provisional equitable relief in any court as provided in Section 21 in
connection with any Claim whereby you or EPIX, as applicable, may suffer
immediate and irreparable harm for which money damages may be inadequate and
impossible to calculate (including, but not limited to, a Claim under Section
20.1(A)), where such Claim under this Section 20.1(B) will not be subject to the
informal dispute resolution procedures described in Section 20.2 below;
provided, however, that, subsequent to obtaining such preliminary injunction,
restraining order or other provisional equitable relief, the Claim will then be
submitted to arbitration in accordance with Section 20. You and EPIX agree that
this Agreement affects interstate commerce, and that the enforceability of
Section 20 will be governed by, construed, and enforced, both procedurally and
substantively, by the Federal Arbitration Act, 9 U.S.C. sections 1–9 (“FAA”).
Arbitration is the referral of a dispute to one or more impartial persons for a
final and binding determination. There is no judge or jury in arbitration,
discovery is more limited than in court, there are no class or representative
proceedings, and court review of an arbitration decision is limited. An
arbitrator must follow this Agreement and can award on an individual basis the
same damages and relief as a court (including, but not limited to, injunctive
and declaratory relief, statutory damages, and attorneys’ fees). “Claim(s)”
means any dispute, claim or controversy by or between you and/or EPIX relating
to the Applications and/or this Agreement (including, but not limited to, the
Applications’ Privacy Policy and all Additional Terms, Rules, regulations,
procedures and policies which we refer to in this Agreement), as may be modified
from time-to-time, and the subject matter hereof, including, but not limited to,
any contract, tort, statutory, or equity claims.
20.2. Informal Dispute Resolution. Except with respect to Claims described in
Section 20.1(B) above, before either you or EPIX pursue or participate in any
Claim against the other party in arbitration or court proceedings, you or EPIX
must notify the other party of the Claim in writing at least 60 days in advance
of initiating the arbitration or court proceeding in order to provide a
reasonable opportunity to resolve the Claim. You may send a written notice of
your Claim to EPIX at 260 Madison Avenue, 9th Floor, New York, New York 10016,
Attention: Business & Legal Affairs. EPIX may send written or electronic notice
of its Claim to your email address, EPIX account or any physical or other
address that you have provided EPIX. The notice must describe the Claim in
reasonable detail and set forth the relief requested so that the other party has
an opportunity to adequately address the Claim. Except with respect to Claims
described in Section 20.1(B) above, you and EPIX agree to negotiate in good
faith with each other to try to informally resolve the Claim and, if you and
EPIX do not reach an informal resolution of the Claim within 60 days from which
such notice is received, then the Claim may be submitted to binding arbitration
as set forth in Section 20 or court as permitted by Section 20.1.
20.3. Arbitration Proceedings and Costs. Any arbitration will be administered by
the American Arbitration Association (“AAA”) pursuant to its Consumer
Arbitration Rules (the “AAA Rules”), as modified by this Agreement. The AAA
Rules, and other information about the AAA, are available at the AAA’s website
at www.adr.org. A form for initiating arbitration proceedings is available on
the AAA’s website (see Demand for Arbitration at:
https://www.adr.org/sites/default/files/Demand%20for%20Arbitration%20Consumer%20Arbitration%20Rules.pdf,
but contact the AAA if you have issues accessing these links) and arbitration
proceedings shall be initiated in the location described in Section 21. As
required by the AAA Rules, if you initiate the arbitration proceedings, you must
send the original copy of the completed form to EPIX, which should be sent to
EPIX at the following address: 260 Madison Avenue, 9th Floor, New York, New York
10016, Attention: Business & Legal Affairs. If your Claim is for $10,000 or
less, you may choose whether the arbitration will be conducted solely based on
documents submitted to the arbitrator, through a telephonic hearing, or by an
in-person hearing under the AAA Rules. In all cases, you and EPIX shall exchange
documents and other information that you or EPIX intend to use in the
arbitration.
Upon filing of an arbitration demand for Claims up to $75,000, EPIX will
reimburse you for all necessary filing, administration and arbitrator fees paid
by you to the AAA or, if you wish EPIX to pay such fees directly to the AAA, you
must request payment of such fees by EPIX by mail to the AAA along with your
form initiating arbitration and EPIX will make arrangements to pay such fees
directly to the AAA. In the event the arbitrator determines that the Claim(s)
you assert in the arbitration are frivolous or vexatious, you agree to reimburse
EPIX for all fees associated with the arbitration paid by EPIX on your behalf.
You agree that EPIX shall have no obligation to pay any other fees except as
determined by the arbitrator.
For Claims that total more than $75,000, the AAA Rules will govern payment of
filing, administration and arbitrator fees to the maximum extent permitted by
law. The decision of the arbitrator will be binding and conclusive on all
parties, and judgment to enforce the decision may be entered by any court of
competent jurisdiction.
20.4. Class Action Waiver. UNLESS YOU SUBMIT A VALID ARBITRATION/CLASS ACTION
WAIVER OPT-OUT NOTICE (AS DESCRIBED IN SECTION 20.5), YOU AND EPIX AGREE THAT
ANY DISPUTE RESOLUTION PROCEEDINGS WHETHER IN ARBITRATION OR IN COURT WILL BE
CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR
REPRESENTATIVE ACTION. You and EPIX expressly agree that any Claim is personal
to you and EPIX, shall only be resolved by an individual arbitration (or
individual court proceedings with respect to Claims excluded from mandatory
arbitration as described in Section 20.1 of this Agreement), and shall in no
event be brought as a class arbitration, a class action, or any other
representative proceeding. The arbitrator (or court if the Claim is excluded
from mandatory arbitration as described in Section 20.1 of this Agreement) may
only conduct an individual arbitration (or court action if the Claim is excluded
from mandatory arbitration as described in Section 20.1 of this Agreement), and
may not consolidate more than one person’s Claims and may not preside over any
form of representative or class proceeding. If a court or arbitrator determines
that this class action waiver is unenforceable in an action between you and
EPIX, then this Agreement to arbitrate will be unenforceable. Neither you nor
EPIX consent to class arbitration.
20.5. Right to Opt Out of Mandatory Arbitration and Class Action Waiver. If you
do not wish to be bound by the mandatory arbitration and class action waiver
provisions in Sections 20.1, 20.3 and 20.4, you must notify EPIX in writing (the
“Arbitration/Class Action Waiver Opt-Out Notice”), where the arbitration/class
action waiver opt-out notice meets all of the following requirements:
20.5.1. Sent by first class mail, postage prepaid, certified and return receipt
requested or sent by overnight courier service (such as Federal Express) to EPIX
Entertainment LLC, Attention: Business & Legal Affairs, 260 Madison Avenue, 9th
Floor, New York, New York 10016.
20.5.2. Postmarked (if sent by first class mail) or deposited with the overnight
courier service no later than (A), if you register as a new registered user of
the Applications on or after February 20, 2017 (“Agreement to Arbitrate Date”),
45 days after the date you accept this Agreement for the first time, unless an
earlier deadline in Section 20.5.2(C) applies, (B), if you are already a
registered user of the Applications before the Agreement to Arbitrate Date, 45
days after the earlier of either (I) your first log in to the Applications on or
after the Agreement to Arbitrate Date or (II) the date which email notice of the
Agreement containing this Section 20, if any, was sent to the email address
associated with your user registration, unless an earlier deadline in Section
20.5.2(C) applies or (C) for all other users of the Applications, 45 days after
you accept this Agreement for the first time on or after the Agreement to
Arbitrate Date, unless a longer period is required by applicable law.
20.5.3. Includes your first and last name, address, phone number, email address
and, if applicable, your username if you are a registered user of the EPIX
website(s), application(s) or other interactive services(s) along with an
identification of the EPIX website(s), application(s) or other interactive
services(s) for each such username. We shall use the foregoing information
included in the Arbitration/Class Action Waiver Opt-Out Notice to record,
process, maintain and administer your opt-out of the mandatory arbitration and
class action waiver provisions and not for marketing purposes.
20.5.4. Includes a statement that you do not agree to the mandatory arbitration
and class action waiver.
If the Arbitration/Class Action Waiver Opt-Out Notice meets all of the above
requirements, you will be deemed to have opted out of the mandatory arbitration
and class action waiver provisions in Section 20.1, Section 20.3 and Section
20.4 with respect to all EPIX websites, applications or other interactive
services. Note that a valid Arbitration/Class Action Waiver Opt-Out Notice
applies only to the individual identified in such notice as opting out.
If the Arbitration/Class Action Waiver Opt-Out Notice does not meet all of the
above requirements, you will not be deemed to have opted out of the mandatory
arbitration and class action waiver provisions in Section 20.1, Section 20.3 and
Section 20.4.


21. GOVERNING LAW, ARBITRATION LOCATION, JURISDICTION, VENUE AND JURY TRIAL
WAIVER.

With the exception of the provision above that the enforceability of Section 20
is governed both procedurally and substantively by the FAA, this Agreement and
your use of the Applications is otherwise governed by, construed and enforced in
accordance with the laws of the State of New York (without regard to that
state’s choice or conflict of laws rules).
You or EPIX shall initiate arbitration in the United States county or territory
in which you reside or, if you do not reside in the United States or one of its
territories, in the non-United States country in which you reside; provided,
however, that (a) EPIX may request to transfer the arbitration to New York
County, New York if it agrees to pay any additional fees or costs you incur as a
result of the change in location as such additional fees or costs are determined
by the arbitrator and to the maximum extent permitted by law, and, upon such
request, (b)(i) if you agree to such request, the arbitration shall be
transferred to New York County, New York or (ii) if you do not agree to such
request, EPIX shall have right to request that the arbitrator determine the
location in which the arbitration shall be held. You and EPIX agree that any
Claim that is allowed to proceed in court as set forth in Section 20.1 of this
Agreement (including, but not limited to, as a result of your submission of a
valid Arbitration/Class Action Waiver Opt-Out Notice), or otherwise proceeds in
court in the event the agreement to arbitrate above is found not to apply to you
or a particular Claim as a result of a decision by the arbitrator or a court
order, is subject to exclusive jurisdiction and venue in the State or Federal
Courts situated in the Borough of Manhattan, New York City, State of New York,
and you expressly consent to the jurisdiction of such courts.
To the extent it may be applicable, you and EPIX agree to opt out from and
expressly exclude any applicability of the Uniform Computer Information
Transactions Act.
If any Claim proceeds in court rather than in arbitration, YOU AND EPIX WAIVE
ANY RIGHT TO A JURY TRIAL.


22. MISCELLANEOUS

When you visit the Applications or send e-mails to us, you are communicating
with us electronically. You consent to receive communications from us
electronically. We may communicate with you by e-mail or by posting notices on
the Applications or through the Applications. You agree that all agreements,
notices, disclosures and other communications that we provide to you
electronically satisfy any legal requirement that such communications be in
writing.
You represent, warrant and agree that you will comply with all applicable laws
in using the Applications and you will not perform or fail to perform any act
that you know or reasonably should know would place us, our Affiliates, or our
third-party service providers in violation of any applicable law. You further
agree to comply with all laws and regulations regarding online conduct and
acceptable content.
We will not be liable to you for any failure or delay in our performance if such
failure or delay is caused by circumstances beyond our reasonable control. We
reserve the right to assign or transfer our rights and obligations under this
Agreement. You may not assign or transfer any of your rights and obligations
under this Agreement. Any purported assignment by you in violation of this
Agreement shall be void. No delay or omission by us to exercise any right
occurring upon any non-compliance by you with respect to this Agreement shall
impair any such right or be construed to be a waiver thereof. This Agreement,
together with any Additional Terms, Rules, our Privacy Policy and any other
regulations, procedures and policies which we refer to and which are hereby
incorporated by reference, contains the entire understanding and agreement
between you and the Applications and supersedes any and all prior or
contemporaneous understandings relating to the Applications and your use of the
Applications. This Agreement cannot be changed or terminated orally and may not
be modified except as described in this Agreement. If any provision of this
Agreement is held to be illegal, invalid or unenforceable, this will not affect
any other provisions and the Agreement will be deemed amended to the extent
necessary to make it legal, valid and enforceable. Any provision herein that
contemplates performance or observance subsequent to any termination of this
Agreement, or which is otherwise necessary to interpret the rights or
obligations of you or us hereunder, shall survive any termination of this
Agreement and continue in full force; provided, however, that no action relating
to this Agreement or your use of the Applications, regardless of form or the
basis of the Claim, may be brought by you more than one (1) year after the cause
of action has arisen (or if multiple causes, from the date the first such cause
arose). The laws and regulations of the U.S. restrict the export and re-export
of certain technology and you agree not to use, export or re-export any Material
relating to the Applications in violation of those laws and regulations. The
section titles in this Agreement are for convenience only and do not have any
legal effect.


23. QUESTIONS

If you have any questions or comments regarding this Agreement, any Additional
Terms, Rules, the Privacy Policy, or the Applications, please feel free to
contact us at support@epix.com.
© 2022 EPIX Entertainment LLC. All Rights Reserved. EPIX® is a registered
trademark of EPIX Entertainment LLC.

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