Last Updated: March 30, 2023
4.Internet Connectivity and AMC+ Application
11.Free Content and Promotional Offers
16.Our Intellectual Property Rights
18.Copyright and Intellectual Property Claims
19.Termination of Use of the Services
22.DISCLAIMER AND LIMITATIONS OF LIABILITY
23.Terms Applicable to Third Party Platform Providers
24.Electronic Signature and Contracts
1. Scope and Acceptance
. The terms and conditions in this document.
. Additional terms and conditions that we may provide in association with certain Services, such as certain promotional offers or rules for
participation in certain AMC+ activities, including contests and
3.AMC Ready Device
To access and use certain Services, including Content, you will be required to use an approved platform such as a gaming system, smart TV, mobile device, set top box, Amazon Fire TV device, Apple TV device, Roku device, and/or other technology meeting certain system, configuration and other requirements (an “AMC ready device”). For more information on these platform requirements, contact us via the following customer service email associated with the applicable streaming service below:
- AMC+: email@example.com
- Acorn TV: firstname.lastname@example.org
- ALLBLK: support@ALLBLK.tv
- HIDIVE: help@HIDIVE.com
- Shudder: email@example.com
- Sundance Now: firstname.lastname@example.org
You should ensure that you have an AMC ready device prior to purchasing or ordering any Services.
4.Internet Connectivity and AMC Application
Your AMC ready device must be connected to the internet via a data plan through your mobile provider, wireless (“WiFi”), or ethernet to operate the Services or, if available for the Services, temporarily download select Content for offline viewing on certain mobile devices. To operate the Services, you need to: (i) download the applicable AMC application (the “App”) from the Fire TV application store, Google Play application store, Apple app store, Roku channel store or any other application store or smart TV from which the App can be downloaded from; or (ii) visit the website associated with the applicable streaming service below to purchase the Services directly from AMC (the “Ecommerce Website”):
- AMC+: https://www.amcplus.com
- Acorn TV: https://www.amcplus.com
- ALLBLK: https://www.ALLBLK.tv
- HIDIVE: https://www.hidive.com
- Shudder: https://www.shudder.com
- Sundance Now: https://www.sundancenow.com
To view, privately display, and temporarily download certain Content and otherwise use and access certain Services you will need to become a registered User and purchase a subscription.
Registration: To become a registered User, you must first select your subscription package, as applicable, create an account with a unique username and password combination (“User Credentials”) and provide certain additional information, including, but not limited to, name and zip or post code (“Registered Account”). Registered Accounts can only be established by individuals in certain Territories (as defined in Section 26 below) who have reached the age of majority in the province, territory, or country of their residence and have otherwise met the criteria to create User Credentials.
Automatic Billing: Your Provider will charge your subscription fee (together with any applicable taxes) to your Billing Account per the billing period described when you initiate the subscription to the Services (“Billing Period”) on the calendar day corresponding to the beginning of your Billing Period, unless and until you cancel your subscription. By creating a Registered Account and starting a subscription to Services, you authorize your Provider 4to charge your Billing Account for the subscription fee at the then-current rate, and any other charges you may incur in connection with your use of the Services, plus any applicable taxes, to your Billing Account, automatically on a recurring basis, without further authorization from you, until you cancel your subscription.
You permit your Provider, or service providers on your Provider’s behalf, to store information as needed to facilitate billing and payment. AMC may store tokenized payment information, but AMC does not collect full payment card information.
If payment is not received by your Provider from the financial institution associated with your Billing Account, you remain responsible for uncollected amounts and agree to promptly pay all amounts due upon demand. You are solely responsible for any and all fees charged to your Billing Account by the applicable issuer, bank or financial institution, including, but not limited to, membership, overdraft, insufficient funds and over the credit limit fees. We reserve the right to correct any errors or mistakes contained in your Billing Account information and to update such information from available third-party sources.
Changes to Billing Account: If you want to change or update your payment method, contact the applicable Provider, or visit the following sites as applicable:
- Amazon users should visit http://www.amazon.com/mykps
- Google users should visit http://pay.google.com
- Apple users should log in to the applicable iTunes account;
- AMC Ecommerce Website users should visit the link associated to the applicable streaming service below:
- Roku users should visit t https://support.roku.com/article/208755978-how-do-i-update-the-payment-method-for-my-roku-account, as applicable.
a. AMC+: https://support.amcplus.com/en/support/solutions/articles/11000111960-how-do-i-update-my-credit-card-information-;
b. Acorn TV: https://support.acorn.tv/en/support/solutions/folders/1000220901
c. ALLBLK: https://support.allblk.tv/en/support/solutions
d. HIDIVE: https://support.hidive.com/en/support/home
e. Shudder: https://support.shudder.com/en/support/home
f. Sundance Now: https://support.sundancenow.com/en/support/home
If you change your payment method, this could result in changing the calendar day upon which you are billed. If your paid subscription begins on a day not contained in a given month, and your Billing Period is every month, your Payment Method will be billed on the last day of such month. For example, if your paid Subscription Term starts on March 31st, your next payment date is April 30, and your payment method would be billed on that date.
If your Billing Account expires and you do not update or change your Billing Account, your subscription will automatically terminate at the end of the current paid Subscription Term and your access to the Services will be revoked after such period.
Free Trial: On occasion, we may offer a free trial subscription to certain qualified Users. If we offer you a free trial, the specific terms of your free trial will be presented to you before or during sign-up. Restrictions and limitations on eligibility may apply. Additionally, you may possess a gift membership code entitling you to a certain subscription period. Upon receiving an offer for and choosing to start a free trial of the Services or when activating a gift membership, if you do not already have a Registered Account, you will need to following the steps described above in this Section 5 and create a Registered Account, which includes providing your Billing Account information. If you do not cancel your subscription to Services within the time allotted for such free trial, your subscription will be automatically converted from a free trial to a paid subscription to Services and you will be charged for your subscription following the conclusion of the free trial. If you cancel your subscription during a free trial or while using a promotional code or other credits, cancellation may be effective immediately. If the free trial or gift membership converts to a paid subscription subject to the terms presented to you prior to or during sign up, you authorize your Provider to begin charging your Billing Account for the subscriber fee (together with applicable taxes) at the end of the free trial period of your subscription unless you cancel prior to the end of the free trial period. To view the specific details of your subscription, including the subscription fee and end date of your free trial or gift membership period, click on “My AMC+” (or “My Account” or other applicable AMC streaming service name) to the top right of the screen of the Ecommerce Website and select “Manage Account” or contact us at the customer service email associated to the applicable streaming service in Section 3 above. Your Provider may pre-authorize your payment method, and you authorize your Provider to do so. In some instances, your available balance or credit limit may be reduced to reflect the authorization; however, IF YOU CANCEL PRIOR TO THE END OF YOUR FREE TRIAL OR GIFT MEMBERSHIP PERIOD, THERE WILL BE NO CHARGES TO YOUR BILLING ACCOUNT.
Cancellation: You may cancel your subscription at any time for any reason. For cancellation instructions, AMC Ecommerce Website Users may visit the link associated with the applicable streaming service in Section 4 above, then click on the “My Account” page, then “Support,” and under “Members and Billing” heading, click on “How do I Cancel a Membership”.
The AMC Registered Accounts are for individual use only. Your account is personal to you, and you may not transfer it to any other party. You are responsible for protecting and maintaining the confidentiality of your User Credentials. You may be responsible and liable for access to or use of the Services—including uses that may incur fees—by any person or entity using your User Credentials, whether or not you have authorized such access or use. We are not responsible or liable for any loss or damage arising from your failure to maintain the confidentiality of your User Credentials. You must immediately notify us if and when you become aware of, or reasonably suspect, any unauthorized use of your User Credentials or any other breach of security by contacting us at the customer service email associated with the applicable streaming service in Section 3 above. To help protect you and the Services, if we have a reasonable belief that a person or entity is engaging in unauthorized use of your User Credentials, we may deny access, use and registration privileges to that person or entity.
You can find more information regarding your subscription to Services at any time by clicking on “Manage Account.”
6.Pricing and Taxes
Taxes: You are responsible for any taxes imposed by law on any fee-based transactions conducted on or in connection with the Services. Fee-based transactions on the Services may be subject to certain taxes, including, without limitation, sales tax, use tax and any other applicable taxes, which may be based on various factors, including, but not limited to, the bill-to address and tax rates in effect at the time your transaction is completed. In Canada, fee-based transactions may be subject to GST or HST (as defined by federal law). In Australia, fee-based transactions may be subject to GST (as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth)). Users are not eligible for tax exemptions for transactions made on the Services. In Alabama, AMC has collected the simplified sellers user tax on taxable transactions delivered into Alabama and the tax will be remitted on your behalf to the Alabama Department of Revenue. For the streaming services named AMC+, HIDIVE, Shudder and Sundance Now, AMC’s program account number is SSU-R010533293; for the streaming services named Acorn TV and ALLBLK, AMC’s program account number is SSU-R010380878. For subscribers in Mexico that require a formal electronic invoice, please contact us to request one and provide your tax identification number (RFC).
7.License to the Services
After your or our termination of the Services and at the end of the Subscription Term, if your subscription does not automatically renew, you will no longer be able to access or view any Content through an AMC ready device. We will provide you with notice that your Subscription Term is ending or has ended. You agree that your applicable AMC streaming service account is for personal, non-commercial use only and may be limited by simultaneous stream and device usage.
At any time, in our sole discretion, we may choose to provide refunds, discounts, or other consideration (“credits”) to some or all of our Users. If we choose to provide credits at a particular time, it will not obligate us to provide credits to you or others at any point in the future, unless required by law.
8.Availability of Content
We strive to provide a great selection of Content to you through the Services. We may add, remove or disable access to certain Content on some or all of the Services at our sole discretion. You understand that the Content and Services available to you may change over time, including during your subscription period. In addition, some Content may not be available in your geographic region or may not be accessible to you based on your equipment or other factors.
To the maximum extent permitted by applicable law, we are not liable for the removal of or disabling of access to any Services, materials or functionality of the Services.
Certain Content may be available for temporary download on certain supported devices and certain Subscriptions for offline viewing when you do not have a network connection. Limitations and expiration rules may apply including the amount of Content available for download, maximum number of downloads, and geographic and device restrictions.
We use various technologies to provide you with an optimal viewing experience. Even with these technologies, the quality of the Content display 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 4K Ultra HD availability, if and as applicable, for certain Content depends on your Subscription, internet service and device capabilities. Not all Subscriptions allow you to access Content in all formats and not all Content is available in all formats. AMC makes no representations or warranties about the quality of your watching experience on your display.
11.Free Content and Promotional Offers
On occasion, we may make select full episodes available for free for limited promotional periods. Video extras may also be made available for free, at our discretion.
From time to time, we may offer you the opportunity to watch Content that is not included in the Service to which you subscribe. For example, we may offer Content to subscribers from other services we support or without the requirement sign up for a free trial. We offer this additional Content on a promotional basis, and we have sole discretion regarding the availability of the Content, eligibility to watch the Content, and requirements to access the Content. For clarity, such Content may require you to enable location access and may contain advertisements.
Certain Content on the Services may be ad-supported, and the implementation of advertising may change at any time and without notice to you. For additional information on ad-supported Content, contact us at the customer service email associated with the applicable streaming service in Section 3 above. AMC is not responsible for and does not endorse any third-party advertiser, product, or service featured on the Services. Any interactions you may have with advertisers while using the Services, including through engaging with interactive advertisements, are between you and the advertiser, and you agree that AMC is not liable for any loss or claim that you may have against an advertiser. If you provide any confidential or personal information or engage in any transaction through an advertisement, you agree that AMC is not responsible for such information or transaction.
14.Your Use of the Services
We want to keep the Services safe and fun for everyone. We do not permit unlawful or harmful use of the Services. Accordingly, you represent, warrant and agree that:
- In cases where you have authorized a minor to use AMC+, you are fully responsible for: the online conduct of such minor; controlling the minor’s access to and use of AMC+; and the consequences of any use or misuse by the minor;
- You will make timely and satisfactory payment for any Content purchased by you on or in connection with the Services. You agree that all of the personal information and payment information that you provide is truthful and accurate. If we suspect that the personal information and/or payment information that you have provided is untrue, inaccurate, not current, or incomplete, we may, to the maximum extent permitted by law, suspend or terminate your current and future access to Services without liability or obligation to you or any third party.
- Some Content on the Services may be protected by technologies (commonly known as Digital Rights Management [“DRM”] technology) or rules. These DRM technologies may limit or restrict access and use of the Content. You understand that these DRM technologies are in place to protect the intellectual property rights of the Content producers, AMC+, and our business partners and licensors. Accordingly, you agree that you will respect and will not attempt to violate any DRM technologies or rules that protect the Content, and that you will not and will not assist or encourage anyone to copy, distribute copies, modify, adapt, translate, reverse engineer, decompile, or disassemble software used to provide the Services, or create any derivative works from or of such software.
- You will not use the Services for commercial or business reasons, including pyramid schemes or exploiting information or material obtained in connection with the Services. This includes linking with another website or mobile application and all forms of compensation.
- You will not solicit usernames, passwords, or other personal information of Services Users for your personal gain or for unlawful purposes. This includes the collection and use of information for spamming, flooding, harvesting of email addresses or other personal information, “spidering”, “screen scraping”, “phishing”, “database scraping”, or any other activity with the purposes of obtaining lists of Users or other information.
- You will not cause the Services to be affected with malware, including software viruses, spyware, Trojan horses or other computer code, files or programs designed to interrupt, impair, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Similarly, you agree that you will not otherwise affect the normal operations of the Services by, for example, causing the modification, disruption, impairment, or interference with the use, features, function, operation or maintenance of the Services or the rights or use of the Services by others.
- You will not impersonate any person or entity while using the Services. You agree that you will not impersonate or falsely state or represent your affiliation with a person or entity, or provide us or other Services Users with false or misleading indications of origin.
- You will not post or transmit content or materials that you do not have a right to make available under any law, rule or regulation or contractual or fiduciary relationships, or otherwise creates a security or privacy risk for any other person or entity. For example, you may not post or transmit proprietary or confidential information subject to a non-disclosure agreement or employer confidentiality agreement on or through the Services. You will not post or transmit content or material that that is known by you to be false, inaccurate or misleading, or that infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any party.
- You understand that by using the Services, you may encounter Content that you might find offensive, indecent, or objectionable, and that Content may or may not be flagged as potentially objectionable. Any Content types, ratings, and descriptions are only provided for convenience, and we do not guarantee their accuracy or availability. You understand that you are using the Services at your sole risk and that we have no liability to you in connection with any Content you find to be offensive, indecent, or otherwise objectionable.
If you are experiencing technical difficulties with the Services, reboot the App and/or confirm that your AMC ready device is connected to the internet via a data plan through your mobile provider, WiFi or Ethernet. If you are still experiencing issues and for assistance with billing questions, order inquiries, or other issues related to the Services, please reach out to AMC at the customer service email associated with the applicable streaming service in Section 3 above. If you have more general questions about the Services, or would like to contact AMC to provide general feedback regarding the Services, please reach out to AMC at the customer service email associated with the applicable streaming service in Section 3 above. Any calls between you and AMC’s customer service may be monitored and recorded, and you agree to such monitoring and recording.
16.Our Intellectual Property Rights
We own or license all right, title and interest in and to the Services. All content contained in or made available through the Services is protected by copyright, trade secret, and other applicable intellectual property laws, rules, regulations and treaties. The content includes, without limitation, all films, video, audio/visual content, music (including the musical compositions therein), artwork, photographs, illustrations, graphics, logos, copy, text, computer code, software, data, user interfaces, visual interfaces, information, materials, and all copyrightable or otherwise legally protectable elements of the Services, including, without limitation, the design, selection, sequence, look and feel, and arrangement of the Services, and any copyrights, trademarks, service marks, trade names, trade dress, patent rights, database rights and/or other intellectual property and/or proprietary rights therein (including with respect to any content contained and/or made available in any advertisements or information presented to you via the Services). Unless the context clearly requires otherwise or we explicitly set forth in writing, the term “Services” includes such content.
You may use the Services only for your noncommercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes. You must not alter, delete or conceal any copyright, trademark, service mark or other notices contained on the Services, including, without limitation, notices on any Content you transmit, download, display, print, stream or reproduce from the Services. Except as expressly authorized by AMC, you shall not, nor shall you allow any third party (whether or not for your benefit or otherwise) to, reproduce, modify, create derivative works from, display, perform, communicate to the public, make available, publish, distribute, disseminate, broadcast, transmit or circulate to any third party (including, without limitation, on or via a third party website or platform), or otherwise use, any Content without the express, prior written consent of AMC or its owner if AMC is not the owner. Any unauthorized or prohibited use of any Content may subject you to civil liability, criminal prosecution, or both, under applicable laws, rules, regulations and treaties. We require Users to respect our copyrights, trademarks, and other intellectual property rights and shall aggressively enforce the same to the fullest extent of the law, including seeking criminal prosecution. We likewise respect the intellectual property of others. If you believe that the Services contain elements that infringe your intellectual property rights, please contact us as set forth in Section 18 below.
AMCdoes not accept unsolicited submissions for its shows, sites, and other products. You agree not to make any such submissions to AMC through this site or otherwise including but not limited to story ideas, character ideas, plot suggestions, set or costume designs, or scripts. Notwithstanding the foregoing, if, in breach of these Terms, you do send us a submission, you agree not to assert any ownership right of any kind in the submission (including, but not limited to copyright, trademark, unfair competition, moral rights, or implied contract) and you waive the right to receive any financial or other consideration in connection with such unsolicited submission including, but not limited to, credit. Additionally, please be aware that no material you send to us will be treated as confidential.
18.Copyright and Intellectual Property Claims
If you believe that content available through the Services infringes upon your copyright or other intellectual property rights, you may submit a notification by providing our Copyright Agent (set forth below) with the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the work claimed to have been infringed, or, if multiple works on the Services are covered by a single notification, a
representative list of such works on the Services;
- Identification of the work claimed to have been infringed, or, if multiple works on the Services are covered by a single notification, a
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
- For each work, identification of the infringement that is claimed, which country or countries the work is being infringed, as well as the date and time of the infringement;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if applicable, e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or intellectual property owner, its agent or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Written notification of claimed infringement must be submitted to the following Copyright Agent: LegalCounsel@amcnetworks.com
If access to your content has been disabled or your content was removed and you believe such content is not infringing, you may send a counter-notice containing the following information to our Copyright Agent:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of a mistake or a misidentification of the content; and
- Your name, address, telephone number, and, if applicable, e-mail address, and a statement that you shall accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by our Copyright Agent, AMC may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the owner files an action seeking a court order against the content provider or the User, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at AMC’s sole discretion.
19.Termination of Use of the Services
A. You may terminate your subscription for Services at any time, for any reason.
- 1. To terminate your subscription to Services through the Ecommerce Website, follow the instructions under the “Cancellation” heading in Section 5 above.
- 2. To terminate your subscription to Services through Amazon, go to (a) your Amazon account and click “Amazon Channel Subscriptions” and select “Cancel your subscription” under “Actions”; or (b) go to https://www.amazon.com/appstoresubscriptions and sign in with your Amazon account information, find the subscription you want to manage and select “Actions,” and choose “Cancel your subscription.”
- 3. To terminate your subscription to Services through Apple, (a) go to your Apple account by following the instructions at https://support.apple.com/en-us/ht202039#subscriptions; or (b) on an iPhone, iPad, or iTouch, go to Settings, select your Apple ID, then select “iTunes & App Store,” authenticate your Apple ID, select subscriptions, select the subscription that you want to manage, and select “Cancel Subscription”; or (c) on a Mac or PC, open iTunes, sign in with your Apple, select “View My Account” under the “Account” menu, scroll to the “Settings” section, select “Manage,” then select “Edit” next to the subscription you want to manage, and finally select “Cancel Subscription”; (c) on an Apple TV, opening “Settings”, select “Accounts,” then select “Subscriptions”, choose the subscription that you want to manage, and finally select “Cancel Subscription”.
- 4. To terminate your subscription to Services through Google, go to your Google account by following the instructions at https://support.google.com/googleplay/answer/7018481?hl=en&co=GENIE.Platform%3DAndroid, or by go to the Google Play store app, select “Account”, select the AMC+ app from the list of subscriptions, and select “Cancel Subscription” on the pop-up message. You may also visit https://support.amcplus.com/en/support/solutions/articles/11000095602-how-do-i-cancel-my-amc-subscription-all-options- for further information.
- 5. To terminate your subscription to Services through Roku, (a) follow the instructions to cancel on your computer or smartphone at https://support.roku.com/article/208756478-how-to-manage-or-cancel-a-subscription-to-a-channel, or (b) go to my.roku.com on your computer or smartphone, sign in to your Roku account, select “manage your subscriptions,” and select the App to cancel your subscription.
22.DISCLAIMER AND LIMITATIONS OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, THE SERVICES, AND ALL CONTENT, PRODUCTS AND SERVICES ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THAT THE SERVICES WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS, SERVICES OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED OR ERROR-FREE. ALL IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS RELATING TO THIS SITE, AND ALL CONTENT, PRODUCTS AND SERVICES ARE HEREBY DISCLAIMED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL AMAZON, APPLE, COMCAST CORPORATION, GOOGLE, ROKU, OR ANY OTHER THIRD PARTY THAT OWNS OR OPERATES THE APP STORE OR PLATFORM THROUGH WHICH YOU CAN ACCESS AND/OR DOWNLOAD THE SERVICES, THEIR AFFILIATES, VENDORS, AGENTS AND SUPPLIERS, AS APPLICABLE, GIVE ANY WARRANTY, HAVE ANY RESPONSIBILITY OR HAVE ANY LIABILITY WITH RESPECT TO YOUR USE OF THE SERVICES ,OR ANY CONTENT OR FUNCTIONALITY IN THE SERVICES, NOR SHALL THEY BE RESPONSIBLE FOR PROVIDING SUPPORT SERVICES WITH RESPECT TO THE SERVICES.
Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Services. 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 Services, including, without limitation, Content associated with your use of the Services.
You further understand and acknowledge the capacity of the Services, in the aggregate and for each User, is limited. Consequently, some features or functions may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that AMC assumes no liability, responsibility or obligation to transmit, process, store, receive or deliver transactions and you are hereby expressly advised not to rely upon the timeliness or performance of AMC for any transactions.
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.
23.Terms Applicable to Third Party Platform Providers
24.Electronic Signature and Contracts
When you use the Services, you can enter into agreements and make purchases electronically. You agree to the use of electronic records and signatures in association with the Services. Your agreement and intent to use electronic records and signatures applies to all transactions you enter into on the Service, including without limitation and to the full extent allowed by law, notices of cancellation, policies, contracts, and applications. If you do not wish to use electronic records and signatures, do not use the Services.
You may have a legal right to receive certain information from us in writing. You agree that we may use e-mail and other electronic means to provide you with such information as well as for other communications. To access and retain this information you will need to provide us with an active e-mail account, and you must have an Internet-connected device that is capable of receiving HTML e-mails and a method of storing or printing those e-mails. You may have a legal right to receive paper copies of certain notices. To receive such copies, contact us at the customer service email associated with the applicable streaming service in Section 3 above. To update your contact information, click on “My AMC+” (or “My Account” or other applicable AMC streaming service name) at the top right of the screen of the Ecommerce Website and select “Manage Account” or contact us at the customer service email associated with the applicable streaming service in Section 3 above.
You confirm that you have the ability to access and retain e-mails.
AMC shall not have any liability to you by reason of any delay or failure to perform any obligation hereunder if the delay or failure to perform is occasioned by force majeure, which shall refer to any act of God, storm, fire, casualty, unanticipated work stoppage, power outage, satellite failure, strike, lockout, labor dispute, civil disturbance, riot, war, national emergency, governmental action or other cause beyond AMC’s reasonable control.
The Services are intended for viewing solely within the United States, and the countries identified at this link for each applicable streaming service (the “Territories”). AMC makes no representations that materials or other Content in the Services are appropriate or available for use outside of the Territories.
AMC+: Australia, Canada, New Zealand, US Territories.
Acorn TV: Argentina, Australia, Bolivia, Canada, Chile, Colombia, Costa Rica, Denmark, Guatemala, Honduras, Mexico, The Netherlands, New Zealand , Nicaragua, Norway, Panama, Paraguay, Peru, San Salvador, Sweden, The United Kingdom, US Territories.
Allblk: United States only.
Shudder: Australia, Canada, Ireland, New Zealand, The United Kingdom, US Territories.
Sundance Now: Canada, US Territories.
AMC makes no representations that materials or other Content in the Services are appropriate or available for use outside of the Territories.
You and AMC (“the Parties”, each a “Party”) agree to the following dispute resolution provisions of this Section 27 with respect to any claim, dispute, or controversy arising out of, relating to, or connected in any way with the Services (“Dispute”).
The terms of Section 27 apply to all Disputes, even if the actions or relationship giving rise to such Disputes occurred prior to this version of the Terms (or such modification). However, these Dispute Resolution terms do not apply to any Dispute as to which you have personally initiated a lawsuit or arbitration (each, an “Action”) prior to agreeing to these Terms. If any modification of the terms of Section 27 is deemed to be unlawful, void or for any reason unenforceable, then the dispute resolution provisions effective at the time of your agreement to these Terms shall govern any dispute or disagreement between you and us regarding the Services.
Each provision of this Section 27 applies to the maximum extent permitted by law.
A. Dispute Resolution Provisions Applicable to All Users
- 1. Voluntary Dispute Resolution. The Parties agree to use their best efforts to settle any Dispute directly through consultation and good faith negotiations, which shall be a precondition to either Party initiating an Action. If you have a Dispute with us, you must send an individualized, written notice describing the Dispute to us via email to LegalCounsel@AMCNetworks.com. If we have a Dispute with you, we will send a written notice to you using the contact information we have for you. Promptly following receipt of such notice, we will personally meet, via telephone or videoconference, in a good-faith effort to confer with each other and try to resolve informally any Dispute covered by this Agreement. If you are represented by counsel, your counsel may participate in the conference as well, but you agree to fully participate in the conference. Likewise, if we are represented by counsel, our counsel may participate in the conference as well, but we agree to have a company representative fully participate in the conference. The statute of limitations and any filing fee deadlines shall be tolled while the Parties engage in the voluntary dispute resolution process required by this paragraph. If the Dispute is not resolved within 60 days of the opposing Party receiving the notice, then either you or we may proceed with an Action. Failure to complete the Voluntary Dispute Resolution procedures is grounds for dismissal of any Action. If a Party brings an Action without following the Voluntary Dispute Resolution Procedures, such Party is required to pay any reasonable costs and fees of the other Party.
- 2. Time to Sue. Neither Party may bring any Action more than one year after the cause of action has arisen (or if the Action relates to multiple similar events, more than one year from the date the first such event occurred).
- 3. Class Action and Jury Waiver. THE PARTIES WAIVE THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, MASS ACTION, GROUP ACTION, REPRESENTATIVE ACTION, AND/OR COLLECTIVE ACTION IN ANY DISPUTE. EACH PARTY MAY ONLY PROCEED AS TO ANY DISPUTE IN THAT PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, MASS ACTION, GROUP ACTION, REPRESENTATIVE ACTION, AND/OR COLLECTIVE ACTION.
- 4. Applicable Law. These Terms and your use of the Services are governed by, construed and enforced in accordance with the internal substantive laws of the State of New York, United States, regardless of the State’s conflict of laws provisions. However, any question as to whether a Dispute is a Covered Dispute (as defined below) and/or whether a dispute is subject to the Mandatory Dispute Resolution Provisions for U.S. Users and Guatemala Users (“Mandatory Dispute Resolution Provisions”) is to be decided by applying the provisions of the Federal Arbitration Act, Title 9 of the U.S. Code (“FAA”).
- 5. Choice of Venue: For any Action allowed to proceed in court, or to enforce the terms of this Agreement, the Parties agree to exclusive personal jurisdiction and venue in the State courts of the State of New York or the United States District Court for the Southern District of New York except:
- a. If you live in Australia, you can bring legal proceedings in respect of the Services in the courts of Australia or the relevant State or Territory in which you live. Where you do, you submit to the non-exclusive jurisdiction of the relevant court in Australia.
- b. If you live in the United Kingdom, you can bring legal proceedings in respect of the Services in the courts in any part of the United Kingdom.
- c. If you live in Chile, you can bring legal proceedings in respect of the Services in the courts of Chile.
B. Mandatory Dispute Resolution Provisions for U.S. and Guatemala Users
- 1. Covered Disputes. If you live in the United States or Guatemala, any Dispute between the Parties is a Covered Dispute, with the following exceptions: (1) any individual (non-class) claim that can be solely resolved in small claims court, and (2) to the extent you have in any manner violated or threatened to violate our intellectual property rights, our suit to enforce such intellectual property rights including by injunction. If a dispute is a Covered Dispute, the Mandatory Dispute Resolution Provisions apply. If there is any dispute between the Parties as to whether a Dispute is a Covered Dispute, that dispute shall be submitted to the Arbitrator (defined below) for the arbitrator to determine. If a Covered Dispute qualifies for small claims court, but a Party commences an arbitration proceeding, the other Party may elect instead to have the Disputed Claim resolved in small claims court, and upon written notice of a Party’s election, the Arbitrator will administratively close the arbitration proceeding.
- 2. Agreement to Arbitrate Covered Disputes. Any Covered Dispute must be brought on an individual basis and will be resolved exclusively by final, non-appealable, and binding arbitration (“Arbitration”) before an arbitrator mutually selected by the Parties (the “Arbitrator”). The Arbitrator must have experience with the subject matter of the Dispute, and be a former federal or state court judge. The Parties intend the FAA to apply to ensure enforcement of these Mandatory Dispute Resolution Provisions. Your agreement to these Mandatory Dispute Resolution Provisions is material to AMC offering the Services, as AMC could not offer the Services for free or at the price charged without the cost savings provided thereby.
- 3. Arbitrator Selection. The parties will meet and confer in good faith to select an arbitrator. For purposes of this Section, good-faith meet-and-confer efforts require that each party propose at least three arbitrators who meet the qualifications described in these Terms. If, after 60 days of good faith meet and confer efforts, the Parties are unable to agree on an arbitrator, either Party may petition the State courts of the State of New York or the United States District Court for the Southern District of New York to appoint an arbitrator meeting the requirements herein from the arbitrators proposed by the parties.
- 4. Rules Selection. The Arbitration shall be administered pursuant to JAMS’ Streamlined Arbitration Rules and Procedures or other comparable rules that the parties agree to. The selection of JAMS rules does not mean that JAMS will administer the Arbitration or appoint the Arbitrator.
- 5. Conduct of Arbitration. The Arbitration shall be conducted via electronic or telephonic means. If the Party seeking arbitration fails to appear at the administrative conference regardless of whether such Party’s counsel attends, the Arbitrator will administratively close the arbitration proceeding without prejudice, unless such Party shows good cause as to why they were not able to attend the conference.
- 6. Arbitration Costs. If the Arbitrator finds that the costs and fees of an Arbitration you initiate will be prohibitive for you as compared to the costs of litigation, we will pay as much of your filing, arbitrator, and hearing fees in the Arbitration as the Arbitrator deems necessary to prevent the Arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith. If we initiate an Arbitration against you, we will pay all costs associated with the arbitration (other than your attorneys’ fees and expenses unless permitted to be recovered under the arbitration rules or applicable law).
- 7. Your 30-Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration provision set forth in this Section by sending written notice of your decision to opt-out to the following address via certified mail:
AMC Networks Inc.
11 Penn Plaza, 15th Floor
New York, New York 10001
ATTN: Legal Counsel
The notice must be sent within thirty (30) days of your first use of the Services after the effective date of the Services, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those Sections. If you opt-out of these arbitration provisions, AMC also will not be bound by them.
- 8. AMC Right to Terminate Mandatory Dispute Resolution Program. At any time, AMC may terminate its agreement to Section 27.B above. That termination will not affect any Action that has already been initiated.