Welcome to W360 We hope you enjoy the motion pictures, television programs, audio, audio-visual, devotionals and/or other (“Content”) made available through our digital subscription service. We stream the Content to subscribers over the Internet to Internet-connected TVs, computers and other devices (“Devices”). “Digital Service” shall refer to our digital subscription service, including all features and functionalities, associated website or applications, and user interfaces, as well as all content and software associated with our service. The Digital Service is operated by Hill 5.14 Media LTD, (“HILL5.14,” “we,” “our,” or “us”).
Please carefully read these Terms of Service (“Terms”) before using the Digital Service, as they govern your use of the Digital Service and affect your legal rights and obligations. You agree to these Terms by accessing or using the Digital Service. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT USE THE DIGITAL SERVICE.
1. Account Registration
(a) The Digital Service requires registration to become a subscriber to, or may otherwise ask you to provide information to, participate in certain features. When you provide information to us, you agree to provide only true, accurate, current and complete information. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Digital Service (or any portion thereof).
(b) If you register on the Digital Service and/or create a personal profile, you agree to accept responsibility for all activities that occur under your account (“Account”) or password, if any, and you agree you will not sell, transfer or assign your membership or any membership rights to your Account. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your Device so that others may not access the password protected portion of the Digital Service using your name in whole or in part. HILL 5.14 reserves the right to terminate your Account or otherwise deny you access in its sole discretion without notice and without liability.
(c) The user who created the Account on the Digital Service and whose payment method is charged is referred to here as the “Account Owner.” The Account Owner has access and control over the Account. The Account Owner’s control is exercised through use of the Account Owner’s password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting HILL5.14 and potentially altering the Account Owner’s control, the Account Owner should not reveal the Payment Method details (e.g., last four digits of their credit or debit card, or their email address if they use PayPal) associated with the Account Owner’s Account. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your Account.
(d) You are entirely responsible for any and all activities that occur under your Account. You agree to immediately notify us of any unauthorized use of your Account or any other breach of security of which you become aware.
2. Acceptance of Terms.
These Terms govern your use of the Digital Service. By accessing, using, or browsing the Digital Service, you accept and agree to these Terms. If you do not agree to these Terms do not use the Digital Service.
3. Communication Preferences.
By using the Digital Service, you consent to receiving electronic communications from HILL5.14 relating to your Account. These communications may involve sending emails to your email address registered with your Account or posting communications on the Digital Service and will include notices about your Account (e.g., change in password, confirmation e-mails and other information) and are part of your relationship with HILL5.14. 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. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from us, such as newsletters about new features and Content in the Digital Service, special offers, promotional announcements and customer surveys via email or other methods.
4. Membership, Free Trials, Billing and Cancellation
(a) Membership. Your Digital Service subscription, which may start with a free trial, will continue according to the billing frequency (i.e., month-to-month or annually) as selected during sign-up, unless and until you cancel your membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) to use the Digital Service. We will bill the membership fee according to the billing frequency selected during sign-up to your Payment Method. You must cancel your membership before it renews each month or year (as applicable) in order to avoid billing of the next month’s or year’s (as applicable) membership fees to your Payment Method.
(b) Free Trials
(i) Your Digital Service subscription may start with a free trial. The free trial period of your membership lasts for the period of time specified during sign-up. For combinations with other offers, restrictions may apply. Free trials are for new and certain former members only. Legendary reserves the right, in its absolute discretion, to determine your free trial eligibility.
(ii) We will begin billing your Payment Method for the selected membership fees at the end of the free trial period of your membership unless you cancel prior to the end of the free trial period. To view the specific details of your membership, including membership price and end date of your free trial period, visit your account settings. We may authorize your Payment Method through various methods, including authorizing it up to approximately one month or year (as applicable) of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.
(iii) You will not receive a notice from us that your free trial period has ended or that the paying portion of your membership has begun. We will continue to bill your Payment Method in accordance with the billing frequency determined during sign-up for your membership fee until you cancel.
(c) Billing
(i) Recurring Billing. By starting your Digital Service subscription and providing or designating a Payment Method, you authorize us to charge you a membership fee at the then current rate and according to the billing frequency you have selected (i.e., monthly or annually), and any other charges you may incur in connection with your use of the Digital Service to your Payment Method. You acknowledge that the amount billed each applicable billing period may vary for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption, and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.
(ii) Price Changes. We reserve the right to 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, any price changes to your service will take effect following email notice to you.
(iii) Billing Cycle. The “monthly” membership plan, the membership fee for our Digital Service will be billed every month irrespective of frequency of use.
(iv) No Refunds. PAYMENTS ARE NONREFUNDABLE, WHETHER PAID MONTHLY OR ANNUALLY, AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. 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.
(v) Payment Methods. You may edit your Payment Method information by visiting our website at www.thewtalk.com If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
(vi) Cancellation. You may cancel your Digital Service subscription at any time, and you will continue to have access to the Digital Service through the end of your billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH OR PARTIAL-YEAR (AS APPLICABLE) SUBSCRIPTION PERIODS OR UNWATCHED CONTENT. To cancel, go to your account settings 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, go to your account settings.
5. Digital Service and License Granted to You
(a) The Digital Service, and any Content viewed through it, are for your personal and non-commercial use only. During your subscription period, we grant you a limited, non-exclusive, non-transferable, license to access the Digital Service and view Content through the Digital Service on a streaming-only basis for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the Digital Service for public performances of the Content.
(b) You may view Content through the Digital Service 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 applicable “Territory”). The content that may be available to watch will vary by geographic location. HILL5.14 will use technologies to verify your geographic location. You may not view any Content provided by HILL5.14 or its suppliers, via the Digital Service, anywhere other than within the authorized Territory.
(c) We continually update the Digital Service, including the Content library. In addition, we continually test various aspects of our Digital Service, including our website, application(s), user interfaces, service levels, plans, promotional features, availability of Content, delivery and pricing. We reserve the right to, and by using our Digital Service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our service.
(d) You agree to use the Digital 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. You agree not to archive, download (other than through caching necessary for personal use), reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms) Content, other works, and information contained on or obtained from or through the Digital Service without express written permission from HILL5.14 and its licensors. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Digital Service; use any robot, spider, scraper or other automated means to access the Digital Service or any Content made available through it; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Digital Service; insert any code or product or manipulate the Digital 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 Digital Service, including any software viruses or any other computer code, files or programs.
(e) The availability of Content made available on the Digital Service will change from time to time, and from country to country. The quality of the display of the Content shows 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 and Ultra HD availability is subject to your Internet service and device capabilities. Not all Content is available in HD or Ultra HD and not all plans allow you to receive HD or Ultra HD content. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. HILL5.14 makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching a specific piece of Content will vary based on a number of factors, including your location, available bandwidth at the time, the Content show you have selected and the configuration of your Device.
(f) We may terminate or restrict your use of the Digital Service, without compensation or notice if you are, or if we suspect that you are (i) in violation of any of these Terms or (ii) engaged in illegal or improper use of the Digital Service.
6. Ownership
(a) Materials. The Digital Service (including past, present and future versions) and all materials that are included in or are otherwise a part of the Digital Service, including, without limitation: Content made available through the Digital Service; graphics; layout; text; content; instructions; images; advertising copy; trademarks; logos; domain names; trade names; service marks and trade identities; any and all copyrightable material (including source and object code); the “look and feel” of the Digital Service; the compilation, assembly and arrangement of the materials of the Digital Service; and all other materials related to the Digital Service (collectively, the “Materials”) are owned, controlled or licensed by HILL5.14
7. Third-Applications.
You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) (“Third-Party Application(s)”) that interact with the Digital Service. These Third-Party Applications may import data related to your Account and activity and otherwise gather data from you. These Third-Party Applications are provided solely as a convenience to you, and HILL5.14 is not responsible for such Third-Party Applications. SUCH THIRD-PARTYAPPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO WITH OR SPONSORED BY HILL5.14. USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK.
(c) License to HILL5.14 for User Content and Grant of Name/Likeness Rights. You grant to HILL5.14 the unrestricted, unconditional, non-exclusive, unlimited, worldwide, irrevocable, perpetual and royalty-free right and license to do the following on or in connection with the Digital Service and/or Live Stream Programs (or any portion thereof): (i) host, use, copy, distribute, reproduce, disclose, sell, re-sell, sub-license, display, perform, transmit, publish, broadcast, modify, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your User Content.
