Terms of use
NKT.TV TERMS AND CONDITIONS
Section 1: Acceptance of Terms and Conditions
Acceptance. These Terms and Conditions govern your use of all of our Services and by using any of our Services you agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, then do not access or use any of our Services. If you are an existing user and do not wish to accept any changed or replaced Terms and Conditions, then you must immediately stop using all of our Services. Certain of our Services may be made available without any requirement to pay a fee, and you hereby acknowledge and agree that any access to such Services are also governed by these Terms and Conditions.
Changes to these Terms and Conditions. We may change all or any portion of these Terms and Conditions at any time and from time to time, in our sole and absolute discretion. Revisions will be effective immediately for new Users, and with respect to existing Users, such revisions will be effective 30 days following the day on which the revisions were first implemented, unless expressly and specifically stated otherwise.
Private and Personal Use Only. Our Services, and all content viewed through our Services, are solely for private, personal, and non-commercial use and are not for use in the operation of a business or for any public viewing.
Section 2: Services
Services. Our Services include your access to and use of: (i) any and all software, technology and other intellectual property rights; (ii) websites owned, operated or otherwise controlled by, or on behalf of, us; (iii) any and all content accessible by you (e.g., any and all transaction and subscription video, audio, data, interactive, programming, advertising and other content); and (iv) any and all other products and/or services used or otherwise made available to you.
Internet Connection. In order to access and use our Services, you must have a broadband, wireless or similar internet connection, and you will need to obtain such internet connection from a third party internet or similar wireless service provider at your sole cost and expense (“Internet Connectivity”). It is your responsibility to obtain and maintain the equipment and Internet Connectivity necessary to access and use our Services. NKT.TV makes no representations or warranties about the speed or quality of the use of our Services on any device. By accessing or using our Services, you agree to look solely to the entity that provides your Internet Connection for any issues related to such connection and/or its compatibility with, or sufficiency for accessing and using, any of our Services.
Devices. In order to access and use our Services you will need to acquire, at your sole expense, a set top box or appropriate device compatible with our Services. Such a device can be purchased from either NKT.TV or another dealer but you are solely responsible to assure that whatever device you purchase is compatible with our Services. If you purchase our Services and a device from NKT.TV, you may return any device which is defective within 30 days of shipment of the device to you for a free replacement of such device. Any device which is returned to NKT.TV which is not defective, as determined by us, will not be replaced. The purchase of a device from NKT.TV will be based on such prices and terms and conditions as may be established by NKT.TV from time to time. You may use more than one device for the use of our Services, but the number of Authorized User(s) accessing or using our Services may be limited to one device at any time. Certain of our Services may not be available on some devices. By using any of our Services, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to such device, its operating system and/or its compatibility with any of our Services.
Change to Services. NKT.TV may, permanently or temporarily, add, delete, interrupt or change, all or any portion of our Services, the content of our Services, or the technical and/or functional requirements required to use our Services, as well as the prices and fees related to our Services, from time to time and at any time.
Compliance with Law. You agree to use our Services in accordance with all applicable laws. You agree not to archive, download (other than through caching necessary for personal use), reproduce, distribute, modify, display, create derivative works from, offer for sale, or otherwise use or gain access to any portion of our Services, except as explicitly authorized in these Terms and Conditions, without express written permission from NKT.TV. You also agree not to circumvent, remove, alter, or otherwise interfere with any of our Services; use any robot, spider, scraper or other automated means to access our Services; decompile, reverse engineer or disassemble any of our Services; insert any code or product, or otherwise manipulate or interfere with our Services; 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, interfere with, or limit the functionality of any of our Services, or other software, hardware, or telecommunications equipment associated with our Services.
Section 3: Membership Accounts
Membership Account. Prior to accessing certain of our Services, you will be required to provide certain personal information determined by us as necessary to create a Membership Account. You will be required to create login credentials, comprised of a user name and password (“Login Credentials”). You are responsible for any and all activities related to your Membership Account, including any Authorized Users you permit to be linked to your Membership Account (if any, and only to the extent, permitted by us). The person in whose name any Membership Account is used for access to our Services, and whose payment method is charged, if any, is referred to as the “Account Owner.” As an Account Owner you may have access to and control over your Membership Account, any Authorized Users linked to your Membership Account, and the Services available. If you have a Membership Account, then your control of such Membership Account is exercised through your use and protection of your password. Please be aware that to maintain exclusive control and ensure compliance with these Terms and Conditions, you may not reveal or share your Login Credentials with anyone. You are responsible for updating and maintaining the truth and accuracy of the information provided to us relating to your Membership Account and for preventing any third parties from obtaining access to your Account.
Suspension of Accounts. In order to protect NKT.TV and its affiliates, media providers, device providers, business partners, or other service providers or licensors (collectively, “Contributors”), we reserve the right, and may, from time to time and at any time, without providing notice to you, place on hold (or otherwise suspend) your Membership Account in connection with any activity that we believe to be fraudulent, illegal, in violation of these Terms and Conditions, or otherwise suspicious. We are not obligated, and you are not entitled and hereby waive any right, to any credit, refund, price adjustment or any other discount, compensation or recompense for holds placed on your account, if any.
Device Deactivation. It is your sole responsibility to deactivate any transferred, lost, or stolen devices, and to prevent any unauthorized access to our Services and your Membership Account.
Section 4: Subscription Services and Packages
Subscription Services. Certain of our Services may be made available by us solely in connection with your agreement to purchase a subscription to such Services for a set period (e.g., monthly or yearly subscription term) (collectively, “Subscription Services”). Regardless of the period for which you purchased any Subscription Services, following the completion of any such subscription period, your Subscription Services will automatically renew on a month-to-month basis at the then-current standard rates for monthly access to the same Subscription Services, unless and until they are cancelled or changed by you or NKT.TV in accordance with these Terms and Conditions. We may also offer a number of different packages of Subscription Services, including special promotional packages, each governed by any supplemental Promotional Terms provided at the time of your first access or use of such Services.
Minimum Requirements. NKT.TV reserves the right to require and/or change minimum programming package requirements, from time to time and at any time, in its sole and absolute discretion. For example, NKT.TV may require a minimum commitment term, or NKT.TV may require you to subscribe to a minimum level or package of our Services in order to view certain content or obtain access to purchase additional levels or packages of Subscription Services. In order to purchase certain packages, you may be required to first subscribe to Services for a set term.
Promotional Offers. You may initially accept a promotional offer for a certain package of Services that later becomes unavailable. Promotional offers do not automatically renew and may not be available at the end of, or during, the applicable promotional period, and following the completion of any such promotion, the Subscription Services will automatically renew on a month-to-month basis at the then-current standard rates for monthly access to the same Subscription Services, unless and until they are cancelled or changed by you or NKT.TV, in accordance with these Terms and Conditions.
Limits on Promotional Offers. Promotional offers may not be combined with other promotional offers associated with your Membership Account, unless otherwise expressly permitted in the applicable Promotional Terms. NKT.TV reserves the right, in its sole and absolute discretion, to determine your eligibility for any promotional offer pursuant to the applicable Promotional Terms. NKT.TV reserves the right to change promotional offers or Promotional Terms as well as institute new promotional offers, from time to time and at any time, in its sole and absolute discretion. We do not guarantee that any promotional offers are or will be available to you.
Cancellation Policies. You may cancel your Subscription Services at any time, and you will continue to have access to such Subscription Services through the end of the subscription period for which you agreed. We are not obligated, and you are not entitled and hereby waive any right to any credit or refund, for any partial-use, early cancelation or unwatched pre-paid services. However, you may be subject to certain charges and fees as set forth in any applicable Promotional Terms and for any money you have prepaid. Your cancellation of Subscription Services does not automatically cancel your Membership Account.
Section 5: Billing
Fees and Charges. We will bill you monthly in advance for your Subscription Services. Charges are billed to the credit or debit card or PayPal account which you registered with your Membership Account. NKT.TV may, from time to time and at any time, change the amount of or basis for determining any fees or charges, and/or institute new fees, surcharges, or other charges as determined by us (e.g., surcharges imposed for transmission of programming content in certain jurisdictions). You agree to pay all amounts billed for our Services, as well as all taxes, fees, and other charges, if any, that are now or may in the future be assessed in connection with any of our Services you access or use, and any other charges due and owing to us. We may apply interest and late fees for any amounts paid following the date when due, and we may terminate or suspend your account for any failure to timely pay any amounts or maintain up-to-date payment method information within your account. State and local taxes or reimbursement charges for gross earnings taxes in some states may apply.
Registration of Credit or Debit Card. If you do not already have an account, you will be required to establish an account to access certain of our Services. To access certain Services (e.g. video-on-demand rentals), you will also be required to register a valid credit or debit card to process payments of the associated fees. When you register a credit or debit card for a new account, you authorize NKT.TV to place a pending charge to your credit or debit card to verify your billing address and the validity of your credit or debit card, which pending charges are temporary and will not be converted into an actual charge to you. Pending charges, while pending, will, however, reduce the available amount of credit on your credit card or funds available to your debit card. You are solely responsible for any and all fees charged to your credit or debit card by the issuer, bank, or financial institution, including fees for membership, any overdraft or other insufficient funds, or for exceeding any applicable credit limit. The credit or debit card that you registered with your account will be charged for each transaction without having to reenter your credit or debit card information. You agree that the issuer of any credit or debit card you registered with your Membership Account will accept these Terms and Conditions as your authorization and pay all amounts billed in connection with use of your account without NKT.TV’s submitting a signed receipt.
Billing. The fees for all Services will be billed in advance. We reserve the right to change the timing of our billing as necessary, from time to time, and at any time. As used in these Terms and Conditions, “billing” shall indicate a charge, debit, or other payment clearance, as applicable, against your registered credit or debit card information.
No Credits or Refunds. You understand and agree that payments are nonrefundable. We are not obligated, and you are not entitled and hereby waive any right, to any credit or refund for any partially used service. Following your cancellation of any of your Services, you will continue to have access to any and all of such Services for which you have paid through the end of your then-current billing period.
Restarting your Services. If you do not make timely payment for your Services, we may limit or terminate your access to our Services, and in such event, we will be immediately wholly relieved from any and all of our duties and obligations to you under these Terms and Conditions. If your Membership Account is disconnected for non-payment, or for any other reason whatsoever, then NKT.TV may require that you pay, and you agree to pay, any amount due (regardless of how long outstanding, and including all past due charges and all outstanding balances accrued through the date of such disconnection) before we reconnect your access to any of our Services. We are not obligated to reconnect your access to any of our Services.
Attorney’s Fees/ Collections. If we use an attorney or a collection agency to collect any money you owe us, or to assert any other right that we may have against you then you agree to pay the reasonable costs of such collection or other action. These costs may include the costs of a collection agency, reasonable attorneys’ fees, and court costs. If you believe you have been billed in error, you must contact NKT.TV immediately, and in no event more than 15 days following the date you receive any bill for which you are seeking correction. Failure to timely notify us of any dispute will constitute your acceptance of the billed amounts.
Section 6: Communications
Communications. By registering for a Membership Account, you hereby consent to receive electronic communications from us and other Contributors related to such account and our Services. These communications may involve sending emails to the email address you provided during registration, or delivering electronic communications via your Membership Account, and will include notices about your Membership Account (e.g., payment authorizations, password or payment method changes, confirmation e-mails, notices, and other similar or transactional information related to such account); these communications are part of our Services and your relationship with us. You agree that any notice, agreements, disclosures, or other communications that we send to you electronically, as described herein, will satisfy any legal communication requirements (e.g., that such communications be in writing and through an appropriate method). You also consent to receiving other electronic communications from us, such as newsletters about new Services features and content, special offers, promotional announcements, and customer surveys.
Section 7: Piracy
Warning against Piracy and Infringement. Receiving any portion of the Services without paying for them, and/or any direct or indirect act or attempted act to engage or assist in any unauthorized interception, reception, display, or other transmission or access of any portion of our Services, is a violation of various U.S. federal and state laws and of these Terms and Conditions. The penalties for violating applicable laws can include imprisonment and significant civil damage awards. Section 605(e)4 of Title 47 of the United States Code makes it a federal crime to modify your device or our Services to receive encrypted (scrambled) television programming without payment of required subscriptions. Conviction can result in significant fines and imprisonment, or both. Any person who procures any hardware or software that has been so modified is an accessory to that offense and may be punished in the same manner. Investigative authority for violations lies with the Federal Bureau of Investigation.
Section 8: Disclaimer Of Warranties
You Expressly Understand And Agree That:
YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THESE TERMS OF USE, NKT.TV (ON BEHALF OF ITSELF AND THE OTHER CONTRIBUTORS) HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF SATISFACTION, ENJOYMENT, QUALITY, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NKT.TV DOES NOT TAKE ANY RESPONSIBILITY WHATSOEVER OR OTHERWISE WARRANT THE PERFORMANCE OF ANY DEVICE, INCLUDING THE CONTINUING COMPATIBILITY OF THE DEVICE (OR ITS OPERATING SYSTEM) WITH ANY OF OUR SERVICES, OR ANY INTERNET CONNECTION, INCLUDING ITS SPEED, BANDWIDTH OR COMPATIBILITY WITH ANY DEVICE OR NKT.TV SERVICE. FURTHERMORE, WE DO NOT MAKE ANY PROMISES ON BEHALF OF ANY THIRD PARTY, INCLUDING THE OTHER CONTRIBUTORS, AND YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY PROMISES MADE BY US RELATED TO SUCH PARTIES OR THE PRODUCTS AND SERVICES PROVIDED BY THEM.
NEITHER NKT.TV NOR ANY OTHER CONTRIBUTOR MAKES ANY WARRANTY WHATSOEVER THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS OR REASONABLE SATISFACTION; (ii) THE SERVICE WILL ALLOW YOU TO COPY, RECORD, VIEW, SKIP, OR TRANSFER ANY PARTICULAR MEDIA, PROGRAMMING, OR PART THEREOF, OR PROVIDE OR CONTINUE TO PROVIDE ANY OTHER PARTICULAR FUNCTIONALITY; (iii) THE SERVICE WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH, OR DATA-THROUGHPUT RATE, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iv) INFORMATION RELATED TO YOUR ACCOUNT OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (v) THE VARIETY, QUANTITY, OR QUALITY OF ANY MEDIA, PRODUCTS, SERVICES, ACCESSORIES, INFORMATION, OR OTHER MATERIAL RENTED OR OBTAINED BY YOU THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS, OR ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
WE HEREBY DISCLAIM ANY, AND YOU AGREE THAT WE HAVE, NO OBLIGATION WHATSOEVER TO REPLACE OR SUPPLEMENT ANY SERVICES, PACKAGE OF SERVICES, OR PORTION OF ANY SERVICE(S) THAT WE CHANGE. WE ARE NOT OBLIGATED, AND YOU ARE NOT ENTITLED AND HEREBY WAIVE ANY RIGHT, TO ANY CREDIT, REFUND, PRICE ADJUSTMENT, OR ANY OTHER COMPENSATION FOR ANY AMOUNT PAID BY YOU TO RECEIVE REPLACEMENT, SUPPLEMENTAL OR ALTERNATE SERVICES, PACKAGES OF SERVICES AND/OR PORTION OF SERVICES AS A RESULT OF ANY CHANGE.
ANY MATERIAL OR CONTENT DOWNLOADED, STREAMED OR OTHERWISE OBTAINED THROUGH USE OF OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR TELEVISION, RECEIVER, DEVICE OR OTHER HARDWARE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD, STREAMING OR OBTAINING OF ANY MATERIAL OR CONTENT. NKT.TV DOES NOT ASSUME ANY RESPONSIBILITY, AND WILL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY HARM ANY OF YOUR PROPERTY OR THE PROPERTY OF ANY THIRD PARTY.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NKT.TV OR THE OTHER CONTRIBUTORS, OR VIA YOUR MEMBERSHIP ACCOUNT OR USE OF THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.
Section 9: Limitation Of Liability
Indirect Damages. YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER NKT.TV NOR ANY OTHER CONTRIBUTORS WILL BE LIABLE TO YOU FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES (E.G., INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER INDIRECT DAMAGES, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES EVEN IF NKT.TV OR ANY OF SUCH OTHER CONTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM, OR OTHERWISE RESULTING DIRECTLY OR INDIRECTLY FROM: (i) USE OF ANY OF OUR SERVICES; (ii) ACTIONS, OMISSIONS, AND OTHER ACTIVITY UNDER YOUR MEMBERSHIP ACCOUNT (INCLUDING USE NOT AUTHORIZED BY US); (iii) THE PERFORMANCE OR NON-PERFORMANCE OF OUR SERVICES; (iv) THE INSTALLATION, MAINTENANCE, REMOVAL, OR TECHNICAL SUPPORT OF OUR SERVICES, EVEN IF SUCH DAMAGES RESULT FROM THE NEGLIGENCE OR GROSS NEGLIGENCE OF NKT.TV OR THE OTHER CONTRIBUTORS; (v) ANY FAILURE TO PERFORM THAT IS CAUSED BY OR OTHERWISE RESULTS FROM ANY ACTS OF GOD, FIRES, EARTHQUAKES, FLOODS, POWER OR TECHNICAL FAILURE, SERVER, INTERNET, SATELLITE OR UPLINK FAILURE, ACTS OF ANY GOVERNMENTAL BODY, OR ANY OTHER CAUSE BEYOND OUR REASONABLE CONTROL.
Limitation of Liability. IN ADDITION TO ANY OTHER LIMITATIONS SET FORTH IN THESE TERMS AND CONDITIONS, NEITHER NKT.TV NOR THE OTHER CONTRIBUTORS, WILL BE LIABLE FOR ANY ADDITION, DELETION, REARRANGEMENT, ALTERATION, INTERRUPTION, CHANGE AND/OR ELIMINATION IN ANY SERVICES OR FOR ANY DELAY, FOR THE AVOIDANCE OF DOUBT, INCLUDING: (i) IF SUCH ADDITION, DELETION, REARRANGEMENT, ALTERATION, INTERRUPTION, CHANGE AND/OR ELIMINATION, OR DELAY ARISES IN CONNECTION WITH THE TERMINATION OR SUSPENSION OF NKT.TV’S ACCESS TO ALL OR ANY PORTION OF OUR SERVICES FOR ANY REASON WHATSOEVER; (ii) THE RELOCATION OF ALL OR ANY PORTION OF OUR SERVICES TO DIFFERENT SERVER(S); (iii) ANY ADDITION, DELETION, REARRANGEMENT, ALTERATION, INTERRUPTION, CHANGE AND/OR ELIMINATION IN THE FEATURES AND/OR FUNCTIONALITY AVAILABLE WITH YOUR PERMITTED DEVICE(S) OR OUR SERVICES; (iv) ANY SOFTWARE OR OTHER DOWNLOADS INITIATED BY US OR OUR CONTRIBUTORS; OR (v) ISSUES RESULTING FROM YOUR DEVICE OR INTERNET CONNECTION, INCLUDING, LACK OF SUFFICIENT BANDWIDTH. FURTHERMORE, NONE OF NKT.TV, ITS PROVIDERS, DEVICE PROVIDERS OR SERVICE PROVIDERS, OR ANY OF ITS OR THEIR THIRD-PARTY LICENSORS WILL BE LIABLE FOR ANY ADDITION, DELETION, REARRANGEMENT, ALTERATION, INTERRUPTION, CHANGE AND/OR ELIMINATION OF OR TO ANY DEVICE(S), FOR THE AVOIDANCE OF DOUBT, INCLUDING REMOVING OR DISABLING SOFTWARE, FEATURES AND/OR FUNCTIONALITY.
Limitation of Direct Damages. WITHOUT LIMITING THE LIMITATIONS SET FORTH ABOVE AND EXCEPT AS SPECIFICALLY AND EXPRESSLY SET FORTH ABOVE, THE MAXIMUM AGGREGATE LIABILITY OF NKT.TV FOR ANY AND ALL CLAIMS UNDER OR RELATING TO EACH: (i) MEMBERSHIP ACCOUNT INCLUDING ALL AUTHORIZED USERS THERE UNDER (IF MORE THAN 1 IS PERMITTED BY US), or (ii) YOU ONLY, IF YOU ARE NOT AN AUTHORIZED USER UNDER ANY MEMBERSHIP ACCOUNT, IS LIMITED TO AN AMOUNT EQUAL TO THE AGGREGATE OF THE FEES THAT WERE PAID BY YOU UNDER THESE TERMS OF USE DURING THE 6 MONTHS BEFORE THE APPLICABLE CLAIM, OR IF DURING THE FIRST 6 MONTHS OF ANY ACCESS OR USAGE TERM, THEN THE FIXED FEES TO BE PAID BY YOU UNDER SUCH TERMS OF USE DURING THE FIRST 6 MONTHS OF SUCH USAGE TERM.
Section 10: Indemnification
You hereby agree to indemnify, defend and hold NKT.TV and its parents and affiliates, each of its and their present and future media providers, device providers, business partners, service providers, licensors, contractors, subscontractors, authorized distributors, authorized subdistributors, authorized retailers, directors, members, managers, officers, agents, employees, and other Users, and each of their respective assigns, heirs, successors, and legal representatives (the “Protected Group”) harmless from, against and with respect to any and all actions, claims, disputes or demands, including reasonable attorneys’ fees and costs, that are incurred in connection with, arising out of or relating to access to or use of our Services by you or in connection with your Membership Account including any User thereof, your connection to our Services, your devices, your violation of these Terms and Conditions or your violation of any rights of another User.
Section 11: Dispute Resolution, Arbitration Agreement And Class Action Waiver
Mandatory Binding Arbitration and Class Action Waiver. Subject the provisions of this Section 11 below, if you access or use any of our Services, then you and NKT.TV hereby agree that any and all past, present and future disputes, claims, actions or other controversies arising out of or relating in any way to our Services, these Terms and Conditions Protected Group except any Dispute relating to the enforcement of NKT.TV’s, its affiliates’ or any of the Protected Group’s intellectual property rights and without limiting our and your rights to resolve disputes using various informal dispute resolutions (each, a “Dispute”) will be determined exclusively on an individual (non-class) basis by binding arbitration. YOU HEREBY ACKNOWLEDGE YOUR UNDERSTANDING AND AGREE THAT BY ACCEPTING THESE TERMS OF USE AND THE ARBITRATION PROVISIONS HEREIN, THE FAA WILL GOVERN THE INTERPRETATION AND ENFORCEMENT OF THIS PROVISION, AND THAT YOU AND NKT.TV AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND NKT.TV ARE EACH HEREBY IRREVOCABLY WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS OR REPRESENTATIVE ACTION IN CONNECTION WITH ANY DISPUTE BETWEEN US. YOU AND NKT.TV ALSO AGREE THAT ANY ARBITRATION CONDUCTED HEREUNDER WILL BE BROUGHT ONLY ON AN INDIVIDUAL BASIS, AND WILL NOT BE BROUGHT OR PROCEED ON BEHALF OF A CLASS OR IN A REPRESENTATIVE CAPACITY. A “Dispute” includes those based in contract, any applicable current or future federal, state, local or international law, statute, rule, or government or quasi-government order or action or regulation, tort (including fraud, misrepresentation, fraudulent inducement, negligence, willful misconduct or any other intentional tort) or any other legal or equitable theory. The meaning of “Dispute” is to be interpreted to have the broadest possible meaning permitted by law. For example only, Disputes also include your billing disputes, claims involving or relating to telephone calls, direct marketing, advertisements or electronic communications that you claim you received from NKT.TV and/or a party acting on our behalf or any actions or other controversies in connection with our Privacy Policy.
Dispute Resolution. If a Dispute arises and you or we wish to seek arbitration then the party wishing to seek arbitration must first send to the other party, notice of the Dispute (“Dispute Notice”), and you and NKT.TV hereby agree to attempt to resolve any such Dispute through informal dispute resolution for at least 60 days following the date on which the Dispute Notice is properly sent. The Dispute Notice must include a written statement that sets forth: (i) the name, address and preferred contact information of the party giving the notice; (ii) a description of the nature and basis of the applicable Dispute; (iii) the facts giving rise to such Dispute; and (iv) the specific relief sought. You must send, any and all Dispute Notice(s) to: NKT.TV, 301 W. South Street, New Knoxville, Ohio 45871 (“Notice Address”), by certified mail; and we must send any Dispute Notice to you at the contact information we have for you (e.g., to your Membership Account, the email address you provided to register your Membership Account or your billing address). If we and you do not agree to a resolution of a Dispute during the required informal dispute resolution period, then either party may commence arbitration in accordance with this Section 11 to resolve such Dispute. To initiate arbitration proceedings the party seeking such arbitration must open a case by filing with the American Arbitration Association (“AAA”) a demand for such arbitration, paying the administrative filing fee and providing a copy of the applicable arbitration agreement (collectively, the “Demand for Arbitration”). During the arbitration, the amount of any settlement offer made by us or you may not be disclosed until after the arbitrator determines the amount, if any, to which you or we are entitled in connection with the Dispute.
Arbitration Procedures and Forum. All arbitration proceedings will be administered by the AAA and governed under its Consumer Arbitration Rules (including any amendments thereto or successor rules thereof published by the AAA) (collectively, the “AAA Rules”), as supplemented and modified by these Terms and Conditions. The AAA Rules are available online at www.adr.org, or by calling the AAA at 1 (888)-309-0838, The arbitrator will be bound by these Terms and Conditions. Subject only to the limited exceptions expressly set forth in this Section 11, the arbitrator, and not any federal, state or local court, agency or other authority, will have the exclusive authority to resolve any and all Disputes, including issues relating to the scope, interpretation, applicability and enforceability of this arbitration agreement.
Costs of Arbitration; Compelling Arbitration. If you or we initiate any arbitration proceeding, then the payment of all costs and fees will be governed by the applicable AAA Rules. Except as otherwise expressly permitted pursuant to Section 11, if either party attempts to have a Dispute reviewed by a court (e.g., files a judicial or administrative action asserting a claim that is subject to arbitration), and the other party successfully compels arbitration of the applicable Dispute, then the party attempting (or that attempted) to have such Dispute reviewed by such court in violation of these Terms and Conditions must pay the other party’s costs and expenses incurred in seeking to compel arbitration, including reasonable attorneys’ fees.
Class Action Waiver. NEITHER YOU NOR WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY IN CONNECTION WITH ANY DISPUTE. Further, unless both you and NKT.TV specifically agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that individual party’s individual claim.
Section 12: General Terms
Notice. Any notice required or permitted to be given by NKT.TV under these Terms and Conditions may be provided by any reasonable means, including by mail, by publication on our website, via your Membership Account for our Services (e.g., by sending an electronic message to your Membership Account), by telephone or by e-mail. If we send you notice by mail, it will be considered given the day after it is deposited in the U.S. mail, addressed to you at your physical address of record as then-currently stated in our records. If we send you notice to your personal e-mail or through your Membership Account e-mail, including notice directing you to changes published on our Website, such notice will be considered given upon sending to your e-mail address of record as then-currently stated in our records and associated with your Membership Account or upon sending to your Membership Account. If we give you notice by telephone, it will be considered given when personally delivered to you or when left as a message at your phone number of record as then-currently stated in our records. Unless otherwise specified in these Terms and Conditions, any notice required or permitted to be given by you under these Terms and Conditions must be in writing and be sent to NKT.TV at the Notice Address, by certified mail; and will be deemed given only when such notice is received by us at the Notice Address. If your name, contact information or other account information is no longer accurate or otherwise changes, then you must promptly access and correct such information associated with your Membership Account.
Entire Agreement. These Terms and Conditions, constitute the entire agreement between NKT.TV and you regarding the subject matter hereof. With respect to any of our Services, these Terms and Conditions govern your use of such Services, and supersede any prior agreements or understandings between you and NKT.TV with respect to the subject matter hereof.
Applicable Law. These Terms and Conditions, including all matters relating to their validity, construction, performance and enforcement, and any claim, or dispute arising out of or related to these Terms and Conditions, your relationship to NKT.TV and/or otherwise related to our Services will be governed by the laws of the State of Ohio without giving effect to its conflict of law provisions. If any provision in these Terms and Conditions is declared to be illegal, invalid or is otherwise in conflict with any law, then such provision will automatically be considered modified to the minimum extent necessary to make such provision legal, binding and no longer in conflict with such law, without affecting the validity of any other provisions of such Terms and Conditions, and any and all other provisions will remain in full force and effect to the fullest extent permitted by law.
Choice of Forum. You agree that any action at law, in equity, under contract (including under these Terms and Conditions) or otherwise that is excluded from, or otherwise not subject to arbitration must be filed, and that venue properly lies, only in the state courts located in the county of Auglaize County, Ohio, or the federal courts located in Toledo, Ohio and you hereby irrevocably consent and submit to the personal jurisdiction of such courts for the purpose of litigating such action.
Assignment. You agree that NKT.TV may assign or otherwise transfer your agreement to these Terms and Conditions with NKT.TV to any third party without your prior consent. You may not assign or otherwise transfer any agreement(s) with us without first obtaining our prior written consent, which consent may be withheld for any reason whatsoever.
No Waiver; Remedies Cumulative. Except as otherwise expressly provided in these Terms and Conditions, the failure of a party to exercise or enforce any right or provision of these Terms and Conditions will not constitute a waiver of such right or provision. The rights and remedies provided under these Terms and Conditions to NKT.TV in case of your default or breach of these Terms and Conditions are cumulative and without prejudice to any other rights and remedies that NKT.TV or you may have at law, in equity, under contract (including under these Terms and Conditions) or otherwise, all of which are hereby expressly reserved.
No Third-Party Beneficiaries. You agree that, except as otherwise expressly provided in these Terms and Conditions, there are no third party beneficiaries to your agreement to these Terms and Conditions.
Claim Limitation. You agree that regardless of any law to the contrary, any claim, Dispute or cause of action by you arising out of or related to our Services pursuant to these Terms and Conditions must be filed within 1 year following the date on which such claim, Dispute or cause of action arose; and if not filed within such 1 -year period, then you hereby irrevocably waive any and all rights to pursue such claim(s), Disputes or other cause(s) of action.
Survival. These Terms and Conditions will survive the suspension, completion, expiration or earlier termination of your Membership Account, and/or Services or your agreement.