Privacy Policy

PRIVACY POLICY

EFFECTIVE AS OF APRIL 1, 2022

This privacy policy (“Privacy Policy“) provides a detailed description of how Allen Media, LLC and its affiliates including, but not limited to Weather Group Television, LLC, Entertainment Studios Digital Media, LLC, Sports.TV, LLC and Allen Media Digital, LLC (“us,” “we,” or “our“) collect, use, and share information about you as well as your rights and choices regarding such information. This Privacy Policy applies to any online location, mobile applications, interactive TV applications, desktop applications, digital media players, and other digital services that link to this Privacy Policy (the “Service“) including the following:

• weathergroup.com
• weloveweather.tv
• gettheweatherchannel.tv

• localnow.com
• comedy.tv
• Sports.tv
• thegrio.com
• other Weather Group owned websites

Please note this Privacy Policy does not apply to the “weather.com” or other sites and services provided by The Weather Company.

As used in this Privacy Policy, the term “you” or “your” refers to each user accessing our Service, whether you are a subscriber, other registered user, or a visitor who has not subscribed to or registered for the Services. Any services offered by us or an affiliate of ours (“Affiliate“) that have a separate privacy policy are not covered by this Privacy Policy.

By using our Service, you consent to the applicable terms of use for the respective Service and agree to the collection and use of information from or about you as explained in this Privacy Policy. If you do not agree and consent to the collection and use of information from or about you in accordance with this Privacy Policy, then you may not use and/or must discontinue use of the Service.

Our Service is intended for users in the United States. If you are located outside of the United States and are accessing our Service, your personal information as described in the Privacy Policy will be processed and stored in the United States, and the laws in the United States may not be as protective of personal information as laws in your resident country. If you do not agree with the processing of your personal information in the United States, or you do not otherwise accept this Privacy Policy or the Terms of Use, please discontinue your use of the Service.

If you are a California resident, please see the “Additional Disclosures for California Residents”. If you have any questions or wish to exercise your rights and choices, please contact us as set out in the “Contact Us” section.

1. What is Covered by this Privacy Policy

This Privacy Policy discloses how we collect, use, and share information we gather about you and the choices you have regarding our use of and your ability to update and manage the information.

This Privacy Policy has information about:

Personally Identifiable and Other Information Collected by Us

How We Use Your Personally Identifiable Information

How We Share Your Personally Identifiable Information

Third-Party Web Sites, Third-Party Services, Plug-Ins and Links

Analytics and Advertising

Your Rights and Choices

Children’s Privacy

Security and Account Access

Changes to the Privacy Policy

Contact Us

Additional Disclosures for Nevada Residents

Additional Disclosures California Residents

 

1. Personally Identifiable and Other Information Collected by Us

In order to maximize your experience and to provide you with enhanced products and services, we collect personally identifiable information (“PII“) from you. This information is collected and stored electronically by us. This information may be provided to us voluntarily by you, collected automatically by us from you, or provided to us from third-party sources as further explained in this Section 2.

1. Information You Voluntarily Provide

We collect information about you when you use the Service, including information you provide when you sign up for our Service; complete a survey; register for a promotion, contest or sweepstakes; send us an e-mail message or complete an inquiry form to receive additional information; sign up for an email newsletter; report weather or other conditions; submit information about yourself (e.g., your gender, age, age range, address, birthday); request alerts or notifications; report locations; or make a purchase from us, contact customer support, or apply for a job. The following categories of information we collect and have collected in the last 12 months:

• Contact Data, including your first and last name, e-mail address, postal address, and phone number.

• Account Credentials, including your username, password, password hints, and information for authentication and account access.

• Demographic Data, including your age, age range, birthday, gender, and location.

• Billing Data, including your payment instrument number (such as a credit or debit card number), expiration date, and security code as necessary to process your payments.

• Profile Data, including your interests, inferences, preferences, and favorites.

• Content, including content within any messages you send to us (such as weather reports or conditions, feedback and questions to customer support) or publicly post on the Service (such as in product reviews or blog comments).

• Job Applicant Data, including your employment and education history, transcript, writing samples, and references as necessary to consider your job application for open positions.

• Location information, including self-reported locations and self-reported zip codes.

You may choose to voluntarily provide other information to us that we do not request, and, in such instances, we have no control over what categories of PII such disclosure may include. Any additional information provided by you to us is provided at your discretion and you consent to our use of that information in accordance with the Privacy Policy or for the purpose(s) for which you provided the information.

1. Information Collected Automatically

We also may collect certain information through automated means. The categories of information we automatically collect and may have collected in the last 12 months includes:

• Service Use Data, including data about features you use, pages and channels you visit, emails, content and advertisements you view, products and services you view and purchase, the time of day you view and browse, and your referring and exiting pages.

• Device Data, including data about the device brand or model, browser you use, your device’s operating software, your internet service provider, your device’s regional and language settings, and device identifiers such as IP address and Ad Id.

• Location Data, including imprecise location data (such as location derived from an IP address or data that indicates a city or postal code level) and, with your consent, precise location data (such as latitude/longitude data). This may include physical geographic location using GPS, cellular network location-based services on your device, and browser services.

We use various tracking technologies to automatically collect information when you use the Service, including the following:

• Log Files, which are files that record events that occur in connection with your use of the Service, including access times, information related to what you are watching, context/genre of content being watched, and certain related inferences such as audience segments matched utilizing segment user ID.

• Cookies, which are text files containing small amounts of information that are downloaded to your computer or mobile device when you visit a website that act as a unique tag to identify your browser. Cookies are then sent back to the originating website on each subsequent visit, or to another website that recognizes that cookie. Cookies are useful because they allow a website to recognize a user’s device. We use two types of cookies: session cookies and persistent cookies. Session cookies make it easier for you to navigate our website and expire when you close your browser. Persistent cookies help with personalizing your experience, remembering your preferences, and supporting security features. Additionally, persistent cookies allow us to bring you advertising both on and off the Service. Persistent cookies may remain on your device for extended periods of time, and generally may be controlled through your browser settings.

• Pixels and Web Beacons, which are electronic tags. Certain pages on our sites contain web beacons (also known as Internet tags, pixel tags and clear GIFs). A pixel tag is an electronic image, often a single pixel (1×1), which is ordinarily not visible to users and may be associated with cookies on users’ hard drives. These pixel tags collect anonymous data. These web beacons allow third parties to obtain information such as the IP address of the computer that downloaded the page on which the beacon appears, the URL of the page on which the beacon appears, the time the page containing the beacon was viewed, the type of browser used to view the page, and the information in cookies sent by the third party.

• App Technologies, which are technologies included in our apps that are not browser-based like cookies and cannot be controlled by browser settings. For example, our apps may include SDKs (software development kits), which is code that sends information about your use to a server. These SDKs allow us to track our communications, bring you advertising both on and off the Service, and provide you with additional functionality, such as the ability to connect our Service with your social media account.

• Location-Identifying Technologies, which are technologies used to collect your location. For example, GPS, WiFi, and Bluetooth may be used to collect precise location data when you consent to precise location tracking through our apps. Location data may be used for purposes such as verifying your device’s location and delivering or restricting relevant content and advertising based on that location.

• Local Shared Objects, which are stored within your browser on your electronic device used to enhance your user experience, for example, by storing your user preferences and settings, such as your volume/mute settings, and in connection with animated content on our sites. Local Shared Objects are similar to browser cookies but can store data more complex than simple text. By themselves, they cannot do anything to or with the data on your computer. Like other cookies, they can only access PII that you have provided on the sites and cannot be accessed by other websites.

For further information on how we use tracking technologies for analytics and advertising, and your rights and choices regarding them, see the “Analytics and Advertising” and “Your Rights and Choices” sections below.

1. Information From Third-Party Sources

We also collect information from third-party sources in limited circumstances. The following are the categories of sources we collect information from:

• Social networks, when you engage with our content, reference our Service, or grant us permission to access information from the social networks.

• Business Partners, including businesses that we partner with in order to provide you the Service on such business partner’s hardware or platform including but not limited to Roku, Apple (including tvOS and iOS), AFTV, Android (including Android TV), Tizen, Vizio, Comcast, Verizon, and Hisense when you launch our Service from any such partner’s hardware or platform.

• Publicly-available sources, including data in the public domain.

 

1. How We Use Your Personally Identifiable Information

We collect and use PII for business and commercial purposes in accordance with the practices described in this Privacy Policy. Our business purposes for collecting and using information, including in the last 12 months, include to:

• Operate and manage our Service, including your registration and account.

• Perform services requested by you, such as personalize your services, respond to your comments and questions, and to assist you with operational or other requests such as technical service queries and password reset requests.

• Enhance, improve and otherwise update our Service.

• Send you technical notices, updates, security alerts, information regarding changes to our policies, and support and administrative messages.

• Prevent and address fraud, breach of policies or terms, and threats or harm.

• Monitor and analyze trends, usage, and activities.

• Conduct research, including focus groups and surveys.

• Improve our Service (including our websites and apps), marketing efforts, and other products/services.

• Develop and send you direct marketing, including advertisements and communications, about our and other entities’ products, special offers, promotions, rewards, events, and services.

• Conduct promotions, including verifying your eligibility and delivering prizes in connection with your entries.

• Help us quickly and efficiently respond to inquiries and requests, and otherwise communicate with you in connection with your requests.

• Fulfill any other business or commercial purposes at your direction or with your notice and/or consent.

Notwithstanding the above, we may use information that does not identify you (including information that has been aggregated or de-identified) for any purpose except as prohibited by applicable law. For information on your rights and choices regarding how we use information about you, please see the “Your Rights and Choices” section below.

We may combine information about you with information obtained from other sources. These sources may include Service Providers that help us determine location based on your IP address; online and offline data providers, from which we obtain demographic, interest based and online advertising related data; publicly-available sources; and partners that help market to you products or services that may be of interest to you.

We do not rent, transfer or share PII about you with other people or non-affiliated companies in exchange for money. In section 4 below, we explain the ways we may disclose your PII with third-parties.

 

4. How We Share Your Personally Identifiable Information

• With Service Providers. We share information with entities that process information on our behalf for our business purposes. Service Providers may include, for example, companies that process credit card information or handle shipping for us, deliver materials to you via e-mail or postal service, organize, administer, process, or provide advertising services, authenticate your subscription with your cable, satellite or IP delivered content provider, provide IT services, provide marketing and/or communication services, provide customer service, analyze and enhance data, process and administer surveys, provide support, assist with system crashes, help diagnose problems, and/or analyze data on our behalf to help us provide more relevant offers and advertising to you and to eliminate the delivery of duplicate offers as well as correcting and/or updating users’ data based on information we provide them.

• With Other Vendors. We share information with vendors for business and commercial purposes, including analytics and advertising technology companies. Vendors may act as our Service Providers, or in certain contexts, independently decide how to process your information. For more information on advertising and analytics, see the “Analytics and Advertising” section below.

• With Our Affiliates. We share information with our related entities including our parent and sister companies for business purposes such as customer support, marketing, product development, and technical operations. We also may share information with affiliates for commercial purposes. We may provide you with special offers (including special offers of our Affiliates) and may use your information to inform you of other products or services available from us.

• With Our Business Partners. We share information with our partners in connection with offering our Service over the business partner’s platform, selling or distributing our products, or engaging in joint marketing activities.

• To Facilitate Changes of Control. We continually look for ways to improve our business, including purchasing or selling all or part of a business or company. We share information in connection with, or during negotiations of, any proposed or actual merger, purchase, sale or any other type of acquisition, business combination of all or any portion of our business or assets, change of control, or a transfer of all or a portion of our business or assets to another third party (including in the case of any bankruptcy proceeding).

• For Legal Purposes. We share information to comply with the law or other legal process, and where required, in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. We also share information to protect the rights, property, life, health, security and safety of us, the Service, or anyone else.

• To Facilitate Requests. We share information at your request or direction, such as when you choose to share information with a social network about your activities on the Service.

• With Your Consent. We share information with notice to you and your consent.

Notwithstanding the above, we may share information that does not identify you (including information that has been aggregated or de-identified) except as prohibited by applicable law. For information on your rights and choices regarding how we share information about you, please see the “Your Rights and Choices” section below.

 

1. Third-Party Websites, Third-Party Services, Plug-Ins and Links

Like many websites on the Internet and other Internet-based services, our Services link to pages located on websites, platforms or services maintained by various other entities. These other websites, platforms and services are not bound by this Privacy Policy, and we are not responsible for their information collection practices. The privacy policies of other organizations may differ from ours, for example, with respect to the level of security, use of cookies, and collection, use, and disclosure of PII. We do not control such entities’ data handling practices and we recommend that you review their privacy notices, terms of use, and license agreements prior to using our Service with any such websites or other Internet-based service.

In some cases, you may navigate to pages of other websites that are framed with elements of a Service offered by us such as in the header or footer. In that case the URL will identify the site you are visiting. In other cases, such as advertisements, you will be connecting to another site or service when you click on or otherwise activate those opportunities, including click-to-call, click-to-text, and click-to-email opportunities. You may also encounter third party applications that interact with the Service. The following are some examples of ways our Service may connect you to other unaffiliated websites and Internet-based services:

• Links. Our Service includes links that hyperlink to websites, platforms, and other services not operated or controlled by us. We may get a commission if you purchase a product after clicking on a link to such a website.

• Liking, Sharing, and Logging-In. We may embed a pixel or SDK on our Service that allows you to “like” or “share” content on, or log-in to your account through social media. If you choose to engage with such integration, we may receive information from the social network that you have authorized to share with us. Please note that the social network may independently collect information about you through the integration.

• Voice-Activated Skills. We may offer skills through Alexa, Google Home, and other voice-activated platforms, and use the voice processing and other technologies discussed in the “Information Collected Automatically” section above. Any information you provide to us when you engage with our skills is treated in accordance with this Privacy Policy.

• Platform Linking. We offer you the ability to link your account to another service in order to retrieve certain data about your account on that service, such as a subscription service. For example, you may authenticate your account with a cable, satellite or IP delivered content provider.

 

1. Analytics and Advertising

We, our service providers acting on our behalf, and our Vendors, use various Internet technologies which help us to manage the operations of a Service offered by us and track your usage behavior so that we can tailor information and advertisements to make your visits more enjoyable and meaningful.

We use Google Analytics to help analyze how users use the Service. These tools use cookies to collect standard Internet log information and visitor behavior information in an anonymous form. The information generated by the cookie about your use of the Service (including IP address) is transmitted to our data collection tool Service Providers like Google. This information is then used by us to evaluate visitors’ use of the Service and to compile statistical reports on Service activity. If you would like to opt-out from the use of your information by Google analytics, you may use Google’s analytics opt-out browser add-on designed for this purpose. We also use our internal analytics tools to analyze how users use the Service.

In addition, we work with agencies, advertisers, ad networks, and other technology services to place ads about our products and services on other websites and services. For example, we place ads through Google and Facebook that you may view on their platforms as well as on other websites and services.

As part of this process, we may incorporate tracking technologies into our own Service (including our website and emails) as well as into our ads displayed on other websites, platforms and services. Some of these tracking technologies may track your activities across time and services for purposes of associating the different devices you use, and delivering relevant ads and/or other content to you (“Interest-based Advertising“).

We also use audience matching services to reach people (or people similar to people) who have visited our Service or are identified in one or more of our databases (“Matched Ads“). This is done by us uploading a customer list to a technology service or incorporating a pixel from a technology service into our own Service, and the technology service matching common factors between our data and their data. For instance, we incorporate the Facebook pixel on our Service and may share your email address with Facebook as part of our use of Facebook Custom Audiences. As indicated above, vendors may act as our service providers, or in certain contexts, independently decide how to process your information. This Privacy Policy does not cover the use of various technologies by advertisers, ad networks, advertising servers, and analytics companies. We encourage you to familiarize yourself with and consult their privacy policies and terms of use.

We also contract with certain service providers to track, analyze and report data about the usage of our Service using these Internet technologies. These service providers include Adobe and its Adobe Analytics product. To obtain information about the privacy and security practices of Adobe and your options to set your Adobe preferences, use the following link: http://www.adobe.com/privacy.html.

For further information on the types of tracking technologies we use on the Service and your rights and choices regarding analytics, Interest-based Advertising, and Matched Ads, please see the “Information Collected Automatically” and “Your Rights and Choices” sections.

 

7. Your Rights and Choices

 

1. Account Information.

You may access, update, or remove certain information that you have provided to us through your account by visiting your account settings or sending an email to the email address set out in the “Contact Us” section below. We may require additional information from you to allow us to confirm your identity. Please note that we will retain and use information about you as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

1. Tracking Technology Choices.

• Cookies and Pixels. Most browsers accept cookies by default. You can instruct your browser, by changing its settings, to decline or delete cookies. If you use multiple browsers on your device, you will need to instruct each browser separately. Your ability to limit cookies is subject to your browser settings and limitations.
• Do Not Track. Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note, however, there is no industry consensus as to what site and app operators should do with regard to these signals. Accordingly, unless and until the law is interpreted to require us to do so, we do not monitor or take action with respect to “Do Not Track” signals. For more information on “Do Not Track,” visit http://www.allaboutdnt.com.
• App and Location Technologies. You can stop all collection of information via an app by uninstalling the app. You can also reset your device Ad Id at any time through your device settings, which is designed to allow you to limit the use of information collected about you. You can stop all collection of precise location data through an app by uninstalling the app or withdrawing your consent through your device settings.

Please be aware that if you disable or remove tracking technologies, some parts of the Service may not function correctly.

1. Analytics and Interest-Based Advertising.

Google provides tools to allow you to opt out of the use of certain information collected by Google Analytics at https://tools.google.com/dlpage/gaoptout and by Google Analytics for Display Advertising or the Google Display Network at https://www.google.com/settings/ads/onweb/.

The companies we work with to provide you with targeted ads are required by us to give you the choice to opt out of receiving targeted ads. Most of these companies are participants of the Digital Advertising Alliance (“DAA“) and/or the Network Advertising Initiative (“NAI“). To learn more about the targeted ads provided by these companies, and how to opt out of receiving certain targeted ads from them, please visit: (i) for website targeted ads from DAA participants, https://www.aboutads.info/choices; (ii) for app targeted ads from DAA participants, https://www.aboutads.info/appchoices; and (iii) for targeted ads from NAI participants, https://www.networkadvertising.org/choices/. Opting out only means that the selected participants should no longer deliver certain targeted ads to you, but does not mean you will no longer receive any targeted content and/or ads (e.g., in connection with the participants’ other customers or from other technology services).

To opt out of us using your data for Matched Ads, please contact us as set forth in the “Contact Us” section below and specify that you wish to opt out of matched ads. We will request that the applicable technology service not serve you Matched Ads based on information we provide to it. Alternatively, you may directly contact the applicable technology service to opt out.

You may also limit our use of information collected from or about your mobile device for purposes of serving targeted ads to you by going to your device settings and selecting “Limit Ad Tracking” (for iOS devices) or “Opt out of Interest-Based Ads” (for Android devices).

Please note that if you opt out using any of these methods, the opt out will only apply to the specific browser or device from which you opt out. We are not responsible for the effectiveness of, or compliance with, any opt out options or programs, or the accuracy of any other entities’ statements regarding their opt out options or programs.

4. Communications.

• E-mails. You can opt-out of receiving promotional emails from us at any time by following the instructions as provided in emails to click on the unsubscribe link, or emailing us at the email address set out in the “Contact Us” section below with the word UNSUBSCRIBE in the subject field of the email. Please note that you cannot opt-out of non-promotional emails, such as those about your account, transactions, servicing, or our ongoing business relations.

• Push Notifications. If you have opted-in to receive push notification on your device, you can opt-out at any time by adjusting the permissions in your device or uninstalling our app.

• Text Messages and Calls. You can opt-out of receiving text messages or calls to your phone number at any time by (i) for text messages, texting “STOP” in response to any text message you receive from us or contacting us as set out in the “Contact Us” section below and specifying you want to opt-out of text messages; and (ii) for calls, requesting opt-out during any call you receive from us or contacting us as set out in the “Contact Us” section below and specifying you want to opt-out of calls.

Please note that your opt out is limited to the email address, device, and phone number used and will not affect subsequent subscriptions.

1. Unlinking Your Accounts.

If you have linked your account with certain other services, such as Steam or Twitch, you may unlink your accounts at any time by visiting your account settings. Please note that unlinking your accounts will not affect any information previously shared through the linking. We are not responsible for the data practices of any other entities, and we recommend that you carefully review their privacy policies and terms of use.

8. Children’s Privacy

We are committed to protecting the safety and privacy of young people using the Internet. You must be 18 years or older to subscribe to the Service. Anyone under the age of 18 may only use the Service with his or her parent’s or guardian’s permission and supervision. We do not knowingly collect PII from children under the age of 18. The Service may contain links to third-party websites and other services geared to children. The linked sites and services are not under our control. We are not responsible for the content of any linked site or service or any link contained in a linked site or service, nor are we responsible for the privacy practices of the operators of those sites or services with respect to children. We strongly encourage parents and guardians to review the privacy policies of all linked sites and services.

If you are a parent or guardian and you believe we have collected information from your child in a manner not permitted by law, contact us at datarequest@weathergroup.com. We will remove the data to the extent required by applicable laws.

 

9. Security and Account Access

We have put in place appropriate physical, electronic and managerial procedures designed to protect and safeguard your data from unreasonable alteration, acquisition, or misuse by unauthorized third parties. We use standard industry practices to protect your PII, however, we cannot guarantee that your communications with the Service will never be unlawfully intercepted, or that your PII will never be unlawfully accessed by third parties.

In the unfortunate event that your PII is compromised, we may notify you by email (at our sole and absolute discretion) to the last email address you have provided to us in the most expedient timeframe that is reasonable under the circumstances. Please note, however, that delays in notification may occur while we take necessary measures to determine the scope of the breach and restore reasonable integrity to the system, or, if notification would impede a criminal investigation, to accommodate the legitimate needs of law enforcement.

Please note that if you allow others to use your account (including others you permit to set up profiles under your account), they may be able to view information about your account or any of the profiles under your account, including information about the videos you view and your email address.

 

10. Changes to the Privacy Policy

We reserve the right to alter our Privacy Policy as business needs require. If we decide to change our Privacy Policy, we will post those changes here so that you will always know what information we gather, how we might use that information, and whether we will disclose it to anyone. All changes to this Privacy Policy will be posted on our Sites prior to the time they take effect. If we make material changes to the way we use PII, affected consumers who have registered with us and provided us with an e-mail address will be notified via e-mail and will be given the opportunity to opt-out when applicable. Your continued use of the Service after any such updates take effect will constitute acknowledgement and (as applicable) acceptance of those changes. If you do not wish to acknowledge or accept any updates to this Privacy Policy, you may cancel your use of the Service.

 

11. Contact Us

If you have any questions or comments about this Privacy Policy, our data practices, or our compliance with applicable law, please contact us:

By email:

datarequest@weathergroup.com

By mail:

Weather Group Television, LLC

300 Interstate North Pkwy SE

Atlanta, GA 30339

ATTN: Legal Dept

If you have a disability and would like to access this Privacy Policy in an alternative format, please contact us at datarequest@weathergroup.com.

 

12. Additional Disclosures for Nevada Residents

Nevada law (NRS 603A.340) requires each business to establish a designated request address where Nevada consumers may submit requests directing the business not to sell certain kinds of personal information that the business has collected or will collect about the consumer. A sale under Nevada law is the exchange of personal information for monetary consideration by the business to a third party for the third party to license or sell the personal information to other third parties. If you are a Nevada consumer and wish to submit a request relating to our compliance with Nevada law, please contact us as at datarequest@weathergroup.com.

13. Additional Disclosures for California Residents

These additional disclosures for California residents apply only to individuals who reside in California. The California Consumer Privacy Act of 2018 as amended by the California Privacy Rights Act, and subject to all related regulations and guidelines by the Attorney General and/or the California Privacy Protection Agency (collectively the “CCPA“), provides additional rights to know, delete and opt out, and requires businesses collecting or disclosing personal information to provide notices and means to exercise rights.

1. Notice of Collection

In the past 12 months, we have collected the following categories of personal information enumerated in the CCPA:

• Identifiers, including name, email address, phone number account name, IP address, and an ID or number assigned to your account.
• Customer records, billing and shipping address, and credit or debit card information.
• Demographics, such as your age or gender. This category includes data that may qualify as protected classifications under other California or federal laws.
• Commercial information, including purchases and engagement with the Service.
• Internet activity, including your interactions with our Service.
• Geolocation data, including location enabled services such as WiFi and GPS.
• Employment and education data, including information you provide when you apply for a job with us.
• Inferences, including information about your interests, preferences and favorites.

For more information on the information we collect, including the sources we receive information from, review the section entitled “Personally Identifiable Information and Other Information Collected by Us” above. We collect and use these categories of personal information for the business purposes described in the section entitled “How We Use Your Personally Identifiable Information” above, including to provide and manage our Service.

We do not provide personal information about you to other companies in exchange for money. We do, however, share personal information with companies that we work with, including to help us market or advertise to you. You can find out more about our practices in our “Analytics and Advertising” section. Even though we do not provide personal information to these companies for money, California law may characterize our use of your information in this context as a “sale.” To the extent “sale” under the CCPA is interpreted to include advertising technology activities such as those disclosed in the section entitled “Analytics and Advertising,” we comply with applicable law as to such activity. To opt out of the sharing of your personal information to third parties for advertising or marketing purposes, review the “Right to Opt Out” section.

We disclose the following categories of personal information for commercial purposes: identifiers, demographic information, commercial information, internet activity, geolocation data and inferences. We use and partner with different types of entities to assist with our daily operations and manage our Service. Please review the section entitled “How We Share Your Personally Identifiable Information” above for more details about the parties we share information with.

 

1. Right to Know and Delete

If you are a California resident, you have the right to delete the personal information we have collected from you. You also have the right know certain information about our data practices in the preceding 12 months. In particular, you have the right to request the following from us:

• The categories and specific pieces of personal information that have been collected by us;
• The categories of sources of that the personal information was collected;
• The categories of third parties with whom personal information is shared;
• The categories of information that are sold or disclosed for a business purpose to third parties;
• The business or commercial purpose for collecting or selling personal information;

 

To exercise any of these rights, call our toll free number at (877) 747-6045, or email us at datarequest@weathergroup.com. In the request, please specify which right you are seeking to exercise and the scope of the request. We will confirm receipt of your request within 10 days. In order to verify your identity and process your request, we may ask you to provide certain information so that we match that data to you in our systems. If we are unable to verify your identity, we may deny your request to know or delete.

1. Right to Opt Out

While we do not exchange your personal information in exchange for money, we may share your personal information with companies that we work with, including to advertise or market products to you. You have the right to opt-out of that sharing of your personal information by us to third parties at any time. You may also submit a request to opt out by calling our toll-free number at (877) 747-6045, or emailing us at datarequest@weathergroup.com.

1. Authorized Agent

You can designate an authorized agent to submit requests on your behalf. However, we will require written proof of the agent’s permission to do so and verify your identity directly.

1. Right to Non-Discrimination

You have the right not to receive discriminatory treatment by us for the exercise of any your rights.

1. Shine the Light

Customers who are residents of California may request (i) a list of the categories of personal information disclosed by us to third parties during the immediately preceding calendar year for those third parties’ own direct marketing purposes; and (ii) a list of the categories of third parties to whom we disclosed such information. To exercise a request, please write us at the email or postal address set out in “Contact Us” above and specify that you are making a “California Shine the Light Request.” We may require additional information from you to allow us to verify your identity and are only required to respond to requests once during any calendar year.

Terms of Service

Effective date August 18, 2017

Entertainment Studios, Inc., its subsidiary and affiliated companies maintain this and related websites, games, interactive TV and mobile apps. Welcome to one of our offerings! Thank you for visiting and learning more about us.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS INCLUDING MANDATORY ARBITRATION, NO CLASS RELIEF, AND WAIVER OF YOUR RIGHT TO A JURY TRIAL. BY USING THE SITE OR ANY ONLINE SERVICES YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT USE THE SITE OR THE ONLINE SERVICES.

TABLE OF CONTENTS

1. Acceptance of Terms of Service

Each time you access and/or use sites or services, you agree to be bound by these Terms of Service and any additional terms that will apply prospectively to you. You agree to accept notice of posting the new terms via our site on which you accessed these terms.

2. Permitted Uses

We only grant you a limited revocable license to use the site or service for your own non-commercial use subject to rules and limitations.

3. Access to the Site and Availability of Online Services

Your use of our site and services is subject to various restrictions designed to protect the online services and our users. We may change or discontinue our online service in whole or in part.

4. Registration, Passwords, Unauthorized Use of Your Account, and Sharing of Social Features

The sites and services may include a social network. You will provide true, accurate and current data if you establish an account. Your activities on the online services (including interaction with other members, advertisers, video viewing and audio accessed) may be shared with others.

5. Digital Items, Subscriptions and Credits

Any digital items and credits are provided subject to a limited revocable license to only you for certain virtual goods and gameplay, and have no cash value.

6. You Agree to Our Privacy Policy and Third Party Ads

By accessing and using the online services, you consent to our Privacy Policy and our practices detailed in it, including targeted advertising and the use of tracking technologies.

7. Wireless Features; Social Media Plug-Ins

Wireless carrier charges may apply to use of our online services via wireless networks or devices and geo-location details.

8. Your Conduct and Acceptable Use

Your use is subject to our rules regarding acceptable conduct and practices.

9. Monitoring

Entertainment Studios may, but has no obligation to, monitor your use of the online services.

10. User Content; Grant of Limited License

You grant us a broad license to content you post on our online services and bear all responsibility for all such content. No confidential or fiduciary relationship is created by your posting on our online services.

11. Merchants

Entertainment Studios is not responsible for your business dealings with merchants found on the online services.

12. Children’s Online Privacy Protection Act Notification

Entertaiment Studios’s online services are not designed or intended for use by children.

13. Disclaimer of Warranties

We disclaim warranties and provide the online services “As Is.”

14. Exclusion of Damages

You agree that you are entitled to no damages for any claims related to your use of the online services, except as set out below.

15. Limitation of Liability. Applicability of Disclaimers, Exclusions and Limits

Our liability to you is limited.

16. Entertaiment Studios Is Not Responsible For Third-Party Websites and Content

We are not responsible for third parties or their content, advertisement(s), apps or sites, even if they are linked from or included within our online services.

17. Indemnification

You agree to indemnify us for material posted by you or through your account.

18. Reservation of Rights

Entertainment Studios reserves the right to modify or discontinue the site or online services.

19. Termination

We may terminate your account, password or access in our sole discretion at any time and without prior notice.

20. Infringement Policy

You may not post content you do not own or control or otherwise have the right to post, and we encourage you to report any infringing activity you identify on the online services.

21. Links By You To the Online Services

You may link to our online services, subject to some basic rules.

22. Responsible Use of Site

Please act responsibly when using the online services.

23. Investigations

Entertainment Studios reserves the right to investigate suspected violations of these Terms.

24. Local Regulations

If you choose to access the services from other locations you do so on your own initiative and at your own risk.

25. Export Control

There are restrictions on the online services for those countries subject to U.S. export controls.

26. Binding Arbitration of All Disputes. No Class Relief

You agree to arbitrate and waive jury trial and class actions.

27. Dispute Resolution for Non-US Residents Only if a Tribunal Has Ruled That Arbitration is Prohibited by Law

Non-US citizens agree to an alternative procedure for dispute resolution if a tribunal rules that arbitration is prohibited by law.

28. Member Disputes

You are solely responsible for your communications with members or visitors to the online services.

29. Notice for California Users

Residents of California are entitled to specific consumer rights information.

30. General

By accessing and using the online services, you agree to certain terms regarding (a) to the applicable law and venue; (b) no waiver; (c) the enforcement and interpretation of these Terms of Service; (d) your limited time to file claims; (e) the manner in which you communications with us. You also agree not to assign or delegate your rights and obligations under these Terms of Service.

31. Terms Applicable for Apple iOS

There are some other things you should know if you are accessing or using the online services through an Apple device.

1. Acceptance of Terms of Service

If you do not agree with any of these Terms of Service (“Terms of Service” or “Terms”), including the Privacy Policy incorporated herein, please do not use this Site or our online services. By using this Site you will be deemed to have irrevocably agreed to these Terms. Some areas of this Site may be subject to additional terms and conditions, which you should read carefully before making any use of those areas. Such additional terms will not change or replace these Terms regarding use of this Site, unless otherwise expressly stated.

These Terms of Service apply when you interact digitally with the Internet sites operated by n Studios Inc. and its affiliates and subsidiaries (“Entertainment Studios” or “We”, “Our” or “Us”), (the “Site” or “Sites”), games, interactive TV, and any other services, products and any related software or mobile and/or tablet applications offered by Entertainment Studios (collectively “online services” or “services”). Note that in some instances, both these Terms of Service and separate additional terms or licenses, guidelines, rules or terms of service will apply to your use of some online services offered and/or operated by Entertainment Studios (in each such instance, and collectively, “Additional Terms”). These Additional Terms will be posted in connection with the applicable online services and will be in addition to these Terms of Service. Where any direct conflict exists between these Terms of Service, or any Additional Terms, and the applicable Privacy Policy the terms of the Privacy Policy shall take precedence; however provisions unique to these Terms of Service (e.g., arbitration) will remain in effect as outlined here.

Entertainment Studios may modify these Terms of Service prospectively from time to time in its sole discretion. Your continued use or accessing of the online services following the posting of any changes to the Terms of Service constitutes your acceptance of such changes. You agree to be notified of changes to the Terms of Service via posting of updates on the Site.

This is a general audience Site for adults. We will assume (and by using this Site you warrant that) you have legal capacity to enter into the agreement set out in these Terms of Service (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract).

To access this Site or some of the resources it has to offer, you may be asked to provide registration details. It is a condition of use of these online services that all the details you provide be correct, current, and complete. If we at Entertainment Studios believe the details are not correct, current, or complete, we have the right to refuse you access to the online services, or any of its resources, and to terminate or suspend your account.

Please note that these Terms may be revised and reissued, prospectively by posting updated terms on this Site. You consent and agree to receive notices of updates of these Terms through our posting of updated Terms on the Site. You should visit this page regularly to review the current terms. Your continued use of the Site will be deemed as irrevocable acceptance of any revisions.

EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE ONLINE SERVICES YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS BY POSTING THEM ON THE SITE OR ONLINE SERVICES (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE SERVICE AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE OTHER TERMS FOR YOUR NEW USE AND TRANSACTIONS. Therefore, you should review the posted Terms of Service and any applicable Additional Terms each time you use the online services (at least prior to each transaction or submission). The Additional Terms will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in them or in other notice to you. However, the Terms of Service (and any applicable Additional Terms) that applied when you previously used the online services will continue to apply to such prior use (i.e., changes and additions are prospective only) except as mutually agreed. In the event any notice to you of new, revised or Additional Terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You should frequently check the home page, your message account (if applicable) and the e-mail you associated with your account for notices, all of which you agree are reasonable means of providing you notice. You can reject any new, revised or additional Terms of Service by discontinuing use of the Site and related online services.

2. Permitted Uses

Your use of the online services shall be limited solely to your personal and non-commercial use. The online services contain material that is derived in whole or in part from material supplied and owned by Entertainment Studios as well as third parties (“Content”). As between Entertainment Studios and You, Entertainment Studios owns all right, title and interest in and to the copyrights, trademarks, service marks, trade names, and all other intellectual and proprietary rights throughout the world associated with the online services and Content. You acknowledge Entertainment Studios’ valid intellectual and proprietary property rights in the online services and Content and that your use of the online services is limited to the access, viewing and downloading of Content, all solely as authorized by Entertainment Studios. Nothing in these Terms of Service shall be deemed to convey to you any right, title or interest in or to the online services or Content or to any portion thereof except for the limited rights expressly granted herein.

You may use the online services solely for personal and non-commercial uses. You may not either directly or through the use of any personal computer, browser, laptop, tablet, mobile phone or other device (each a “device”) or other means remove, alter, bypass, avoid, interfere with, or circumvent (i) any copyright, trademark, or other proprietary notices marked on the online services or Content, (ii) any digital rights management mechanism, device, or other content protection or access control measure associated with the online services or Content, or (iii) any advertisement on the online services and/or within Content. You may not either directly or through the use of any device or other means copy, download, stream, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the online services or Content unless expressly permitted by Entertainment Studios in writing. You may not incorporate Content into, or stream or retransmit the Content via, any hardware or software application or make the online services or any Content available via frames or in-line links, and you may not otherwise surround or obfuscate the Content or online services with any third party content, materials or branding. You may also not use any software robots, spider, crawlers, or other data gathering or extraction tools, whether automated or manual, to access, acquire, copy, monitor, scrape or aggregate Content or any portion of the online services. See Section 21 for terms applicable to use of links to the online services. You may not knowingly or intentionally take any action that may impose an unreasonable burden or load on the online services or its servers and infrastructures. You may not build a business, in whole or in part, resell, redistribute or recirculate or make any other commercial use of, or create derivative works or materials utilizing any portion of the online services or Content, whether or not for profit.

To the extent that Entertainment Studios makes Content available to you via a widget, embedded player or other technology that allows you to embed or stream Content on or to another site, you may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of such technology, any digital rights management mechanism, device, or other content protection or access control measure associated with Content, or any advertisement delivered with Content.

You are also prohibited from disabling, modifying, interfering with or otherwise circumventing any technology to allow users to view Content without: (i) displaying visibly both Content and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks); and (ii) having full access to all functionality permitting viewing of Content, including, without limitation, all video quality and display functionality and all interactive, elective or click-through advertising functionality.

3. Access to the Site and Availability of Services

The Site and online services are intended for use by users who are over the age of 13 and reside in the United States, its territories and possessions (“U.S.”) or those outside of the U.S. that consent to use the online services in accordance with U.S. laws, this Terms of Service and the Privacy Policy. By using or attempting to use the Site or online services, you certify that you meet any other eligibility and residency requirements of the Site.

Entertainment Studios may change, suspend or discontinue any aspect of the Site or online services at any time (and any elements and features of them), in whole or in part, for any reason, in our sole discretion, without notice or liability, including pursuant to Section 19 (Termination) below.

You are responsible for any charges incurred in obtaining access to the Site and online services. The Site and online services are currently provided for free, although you may be given the opportunity to purchase products or services through the Site from Entertainment Studios. Entertainment Studios reserves the right to change the nature of this relationship at any time.

You and we agree that the Convention on Contracts for the International Sale of Goods does not apply to your use of our online services or this Terms of Service.

4. Registration, Passwords, Unauthorized Use of Your Account, and Sharing of Social Features

If you establish an account with Entertainment Studios, you agree to provide true, accurate and current data in connection with that account. Any usernames and passwords used for this Site or services are for individual use only. You are solely responsible for maintaining the security and confidentiality of the password you use to access your account. You agree to immediately notify Entertainment Studios of any unauthorized use of your password or account or any other breach of security. You understand and agree that the Site and/or online services may include a social network and your activities (e.g., video viewing, interactions with members and/or advertisers) may be shared with others both on and off the online services. If you don’t want your activities on such social network to be shared, your only option is to deactivate the related social network account.

5. Digital Items, Subscriptions and Credits

Purchases of usage subscriptions (including credits, points, and/or virtual currency) or any virtual items made available on the online services are nonrefundable, have no monetary value (i.e., are not a cash account or equivalent), and are purchases of only a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable right to use, even if such came with a durational term (e.g., a monthly subscription). Accordingly, you have no property, proprietary, intellectual property, ownership, or monetary interest in your usage subscriptions or virtual items, which remain our Content. We may also immediately suspended or terminate the rights we grant you to usage subscriptions and virtual items for any or no reason, in our sole discretion, and without advance notice or liability. We may modify usage subscriptions and virtual items at our sole discretion, and such modifications may make the usage subscriptions or virtual items more or less common, valuable, effective, or functional.

We do not recognize the transfer of usage subscriptions or virtual items (including for “real” money or any other consideration or items of value whether inside our outside of the online services). Accordingly, you may not purchase, sell, barter, or trade any usage subscriptions or virtual items, or offer to purchase, sell, or trade any usage subscriptions or virtual items. Any such attempted transfer will be null and void.

If we suspend or terminate any usage subscriptions or virtual items, then you will forfeit the suspended or terminated subscription or items, except as may be set forth in any Additional Terms (such as any refund policies that may apply to a subscription service). Likewise, except as may be set forth in any Additional Terms or as required by applicable law, we are not responsible for repairing or replacing same, or providing you any credit or refund or any other sum, in the event of our modification of any usage subscriptions or virtual item, or for loss or damage due to error, or any other reason.

6. You Agree to Our Privacy Policy and Third Party Ads

Your privacy is important to us. To better protect your privacy, we provide a notice explaining our online information practices and the choices you can make about the way your information is collected and used at this Site and the online services.

Any personal details and data acquired by Entertainment Studios from your participation on the online services will be used in accordance with our Privacy Policy and Tracking (Cookies) Technologies Policy, including targeted advertising and tracking information we collect automatically. To learn more about how you can opt-out of targeted advertising, please click on the “Ad Choices” icon on the Site, as described more fully in the Privacy Policy.

7. Wireless and Location-Based Features; Social Media Plug-ins

(a) Wireless Features. The online services may offer certain features and services that are available to you via your wireless device. These features and services may include the ability to access the online services’ features and upload content to the online services, receive messages from the online services, and download applications to your wireless device (collectively, “Wireless Features”). Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless device. In addition, your carrier may charge you for standard messaging, data, and other fees to participate in Wireless Features. Fees and charges may appear on your wireless bill or be deducted from your pre-paid balance. We have no responsibility or liability for any fees or charges you incur when using Wireless Features. You should check with your carrier to find out whether any fees or charges will apply, what plans are available and how much they cost. You should also contact your carrier with any other questions regarding these issues.

(b) Terms of Wireless Features. If you register for any Wireless Features then you agree that, in connection with those Wireless Features, we may send communications to your wireless device regarding us or other parties. Further, we may collect information related to your use of the Wireless Features in accordance with our Privacy Policy. If you have registered via the online services for Wireless Features, then you agree to notify Entertainment Studios of any changes to your wireless contact information (including phone number) and update your accounts on the online services to reflect the changes.

(c) Location-Based Features. For online services on mobile devices (“Mobile Apps”) when you use one of our location-enabled services, we may collect and process information about your actual location. Some of the Mobile Apps or online services require your location information for the feature to work. If you have enabled GPS, geo-location or other location-based features on a device, you acknowledge that your device location will be tracked and may be shared with others consistent with the Privacy Policy.

In addition, where any Entertainment Studios Mobile App collects precise information about the location of your devices, it will be used to provide requested location services, and, depending on the particular Mobile App it may be used, amongst other uses, to allow tagging or to check-in.

Some Mobile App(s) or feature(s) allow for you to disable location-based features or manage preferences related to them. However, you can terminate device location tracking by us by uninstalling any Mobile App(s) or feature(s). The location-based services offered in connection with our Mobile App(s) or feature(s) are for individual use only and should not be used or relied on as an emergency locator system, used while driving or operating vehicles, or used in connection with any hazardous environments requiring fail-safe performance, or any other situation in which the failure or inaccuracy of use of the location-based services could lead directly to death, personal injury, or severe physical or property damage. The location-based services are not suited or intended for family finding purposes, fleet tracking, or any other type of business or enterprise use – other non-Entertainment Studios products exist today that may be used specifically for these purposes.

Please see our Privacy Policy to find out more about how to opt out of providing location information or contact info@es.tv.

(d) Social Media Plug-Ins. Social media plug-ins of social networks such as Facebook, Twitter and Google Plus (amongst others) are integrated on our Site and other online services. Where our online services contain a plug-in to a social network, these are clearly marked (e.g. with a Facebook button). If you chose to click on one of these buttons or links, your browser connects directly to the servers of the relevant social network. The social network directly transmits the content of the plugin to your browser. If you are registered on the relevant social network and logged into your respective account the social network receives the information that the web page was used by you. If you interact with a social network plug-in (e.g. you press the Facebook “Like” feature, the Twitter “Tweet this” feature and Google Plus “1+” button or equivalent) or drop a comment on the appropriate web page, the corresponding information is directly transmitted to the relevant social network from your browser. If you are not registered with the social network or you are logged out before you visit our online services, there is the possibility that at least your IP address will be submitted to and stored by the social network. If you interact with us through a social media platform, plug-in etc., then you may be permitting us to have on-going access to certain information from your social network profile (such as name, social networking id page, email address, photo, gender, location, the people/sites you follow etc.).

If you don’t want the social network to collect the information about you described above, or to share it with us and other third parties, please review the privacy policy of the relevant social network and/or log out of the relevant social network before you visit our online services. As with other sites, you may be able delete any existing cookies placed on your computer by the social network via your browser. See Section 1 of our Privacy Policy to find out more about how our Sites contain plug-ins to social media networks.

8. Your Conduct and Acceptable Use

The following rules are a condition of your use of and access to the online services. You are responsible for the content of your communications (including User Content as defined in Section 10) via the online services.

• No Interference. You may not interfere with any other user from using or enjoying the online services.
• No Bullying. You may not use the online services to threaten, abuse, harass, or invade the privacy of any third party.
• Content Posted by You Must be Yours. You may not upload, post, transmit or otherwise distribute or facilitate the distribution of content that is fraudulent or infringes the rights of any third party, including without limitation, patent, trademark, copyright, right of publicity or other proprietary rights.
• Your Materials Must be Lawful and Appropriate. You may not upload, post or otherwise distribute or facilitate the distribution of any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, indecent or otherwise inappropriate information of any kind, including without limitation, any images or other material of a sexual nature.
• Don’t Damage Our Site, Online Services or Servers. You may not upload, post or otherwise distribute or facilitate the distribution of a software virus or any other computer code that is designed or intended to disrupt, damage, or limit the functioning of the Site, any other online services, or to obtain unauthorized access to the online services or Content or any data or other information of any third party.
• No Unauthorized Access. You may not attempt to gain unauthorized access to other computer systems or networks connected to the online services or use the online services, Content or any information contained therein for any unlawful purpose. Entertainment Studios, in its sole and absolute discretion, shall determine whether any content you transmit or receive or your use of the online services violates this provision.
• No Collection of Personal Information From Other Users and No Commercial Use. You may not collect information about other users of the online services in violation of our Privacy Policy or use any such information for the purpose of transmitting or facilitating transmission of unauthorized or unsolicited advertising, junk or bulk email, chain letters, or any other form of unauthorized solicitation.
• Be Yourself. You may not impersonate or falsely state or otherwise misrepresent your professional or other affiliation Entertainment Studios or with any other person or entity.
• No Criminal or Unlawful Conduct. You may not use the online services, Content or any information contained therein for any unlawful purpose, and you may not encourage conduct that would constitute a criminal offense or give rise to civil liability. You may not use any services in connection with any site or other use that contains or is associated with information or content prohibited by this section.
• Follow These Terms of Service and Conduct Rules. You may not take any action on the online services that violates any applicable law or these Terms of Service.

We may require, at any time, proof that you are following these rules. We reserve the right to take, or refrain from taking, any and all steps available to us, including suspending or terminating your access to the online services or seeking other legal or equitable remedies, once we become aware of any violation of these provisions.

9. Monitoring

Entertainment Studios may, but has no obligation to, monitor the use by you and other end users of the online services. During monitoring, any information relating to any user or their respective activities on the online services may be examined, recorded, copied, and used for authorized purposes in accordance with our Privacy Policy. Furthermore, Entertainment Studios reserves the right at all times to disclose any information posted on any portion of the online services as necessary to satisfy any law, regulation or governmental request, or to refuse to post, or to remove, any information or materials, in whole or in part, that in Entertainment Studios’ sole and absolute discretion are objectionable or in violation of these Terms of Service.

10. User Content; Grant of Limited License

Reviews, responses, profile entries, posts or questions may not be able to be deleted once uploaded. For some of our features, other members may be able to request email notifications of your new public content or publish their own comments to your comments. We may use the public content to develop aggregate ratings, personalize site views, market products or identify or feature popular members.

If you post or upload any content to the Services (“User Content”), you hereby acknowledge and agree that you are granting Entertainment Studios (including without limitation, its licensees, affiliates, successors and assigns) a worldwide, royalty-free, perpetual, irrevocable, sub-licensable, non-exclusive right and license to use, reproduce, publicly display, publicly perform, modify, sublicense, and distribute such User Content, and incorporate it in other works, in whole or in part, in any manner and any media now known or hereafter developed. You represent and warrant that you own such content or otherwise have sufficient rights in the content to grant to Entertainment Studios the foregoing license without infringing or violating the rights of any third party. Without in any way limiting the foregoing, you acknowledge and agree that Entertainment Studios, its licensees, affiliates, successors and assigns, shall have the right to sell, license, assign and otherwise transfer any and all of the rights granted by you to Entertainment Studios under these Terms of Service, and to display any advertising, publicity, promotional materials and distribution rights in connection with your User Content. You acknowledge and agree that Entertainment Studios, its licensees, affiliates, successors and assigns, will be entitled to retain any and all revenue generated from any sales, licenses, assignments and other transfers of the rights granted by you hereunder, as well as any and all revenue generated by the display of any advertising, publicity, promotional materials or distribution rights in connection with your User Content. Nothing in these Terms of Service obligates or may be deemed to obligate Entertainment Studios or any other person or entity to exercise any of the rights granted by you under these Terms of Service. You will not receive any compensation of any kind for your User Content or the use thereof, and you agree that there is no industry or other custom or practice that will vary these Terms of Service. You agree that Entertainment Studios, its licensees, successors and/or assigns, shall have no obligation to give you credit for your User Content, but in their sole discretion may elect to do so.

No Rights Created by Submission and No Payment for User Content: Your User Content will not be acknowledged or returned. You acknowledge and agree that your User Content is being sent voluntarily by you, and not in confidence, and that no confidential relationship is intended or created between Entertainment Studios, and/or any other person or entity, on the one hand, and you, on the other hand, by your submission of the User Content. You also agree that Entertainment Studios does not intend and will not pay you for any User Content. You understand that no industry custom or practice changes your agreement that you will not be paid for any User Content.

Use of Name and Likeness: By posting User Content on the online services, you consent to the recording, use and reuse by Entertainment Studios, its licensees, successors and assigns, of your voice, actions, likeness, name, appearance, profile photograph, performance, biographical material, and any other identifying information, including, without limitation, any information contained in your User Content (collectively, “Personal Elements”), as used, edited, altered, fictionalized or modified by Entertainment Studios, in its sole discretion, in any and all media now known or hereafter devised, throughout the world, in perpetuity, including, without limitation, in and in connection with Entertainment Studios, or related Sites or online services, in and in connection with any television programs and other productions, and in and in connection with advertising, promotion and publicity.

Ownership: Except as expressly set forth in these Terms of Service, you shall continue to own all rights in and to the User Content. To the extent your User Content contains other materials or elements owned by Entertainment Studios or any other affiliated company, such as characters or other elements protected by copyright, trademark or other laws, your rights to make any other use of the User Content will continue to be governed by and may be limited by other applicable laws, the rights of third parties and Entertainment Studios.

Idea Submissions Prohibited: Entertainment Studios does not accept unsolicited submissions for motion pictures, television programs, websites, articles, streaming video, e-books, or other products or services. Therefore, please do not make any such unsolicited submissions to Entertainment Studios through the online services, including posts on any Site or any third party social network or website, or by e-mail, text message or any other means. However, if you decide to make any such unsolicited submission, you hereby grant to Entertainment Studios the right and license to the submission as if it were User Content as specifically set forth above. In addition, Entertainment Studios retains all of the rights held by members of the general public with regard to your unsolicited ideas and materials. Entertainment Studios’s receipt of your unsolicited ideas and materials is not an admission by Entertainment Studios of their novelty, priority, or originality, and it does not impair Entertainment Studios’s right to contest existing or future intellectual property rights relating to your unsolicited ideas and materials.

Public Nature of Online Services: While we may offer you the ability to post User Content anonymously, please be aware that your account information relating to your User Content is still stored by us. User Content does not reflect the views of Entertainment Studios. Notwithstanding anything else in these Terms of Service, Entertainment Studios should not be seen as endorsing any User Content in any way. None of Entertainment Studios or its officers, directors, and employees, subsidiaries and/or affiliates shall be liable for any User Content. You acknowledge that you have no expectation of privacy with regard to any User Content.

Liability for User Content: User Content does not reflect the views of Entertainment Studios. Notwithstanding anything else in these Terms of Service, Entertainment Studios should not be seen as endorsing any User Content in any way. User Content posted through the online services are provided by users like you who are unaffiliated with Entertainment Studios, and the user providing User Content is solely responsible for his/her own User Content. This means that you, and not Entertainment Studios, are entirely responsible and liable for any claims, loss or damages relating to all User Content that you upload, post, email or otherwise transmit via the online services. None of Entertainment Studios or its affiliates, or its or their officers, directors, and employees, subsidiaries and/or affiliates are responsible for User Content, accuracy or opinions expressed on the online services, nor shall they have any liability for any such User Content. Entertainment Studios does not investigate, monitor or check for accuracy or completeness of User Content. You understand that by using the Site or online services, you may be exposed to User Content that is offensive, indecent, or objectionable.

11. Merchants

Your correspondence or business dealings with, or participation in promotions of, merchants found on or through the online services, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such merchant. Entertainment Studios will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants on the online services.

12. Children’s Online Privacy Protection Act Notification

Entertainment Studios is not designed or intended for use by children under the age of 13.

Pursuant to 47 U.S.C. Section 230(d) as amended, Entertainment Studios hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the Electronic Frontier Foundation website, https://www.eff.org. To view information on our policy regarding the privacy of children under the age of 13, please see our Privacy Policy.

13. Disclaimer of Warranties

While Entertainment Studios uses reasonable efforts to include up to date information on the Site and online services, Entertainment Studios makes no warranties or representations as to its accuracy, timeliness, reliability, completeness or otherwise.

ENTERTAINMENT STUDIOS PROVIDES THE ONLINE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ENTERTAINMENT STUDIOS, ITS PARENT, ITS AFFILIATES, AGENTS AND LICENSORS (COLLECTIVELY, THE “ENTERTAINMENT STUDIOS PARTIES”) DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, ENTERTAINMENT STUDIOS DOES NOT WARRANT THAT THE ONLINE SERVICES, OR YOUR ACCESS TO OR USE OF THE ONLINE SERVICES WILL (1) BE UNINTERRUPTED; (2) BE FREE FROM INACCURACIES, ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; (3) MEET YOUR REQUIREMENTS; OR (4) OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. ENTERTAINMENT STUDIOS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ENTERTAINMENT STUDIOS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE SITE OR ANY WEB SITES LINKED TO THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. ENTERTAINMENT STUDIOS MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN THE SITE OR ANY WEB SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ENTERTAINMENT STUDIOS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF THE SITE OR ANY OTHER WEB SITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

14. Exclusion of Damages

IF YOU ARE ACCESSING A UNITED KINGDOM VERSION OF THE SITE, NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM THE NEGLIGENCE OF EITHER PARTY OR THEIR SERVANTS, AGENTS OR EMPLOYEES.

NONE OF THE ENTERTAINMENT STUDIOS PARTIES WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SITE OR SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF ENTERTAINMENT STUDIOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT EACH OF THE ENTERTAINMENT STUDIOS PARTIES SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE OR OTHER SERVICE. WITHOUT LIMITING THE FOREGOING, ENTERTAINMENT STUDIOS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF (1) YOUR FAILURE TO COMPLY WITH SECTION 4 (REGISTRATION, PASSWORDS, UNAUTHORIZED USE OF YOUR ACCOUNT, AND SHARING OF SOCIAL FEATURES) OR (2) CONTENT POSTED TO THE SITE OR SERVICES BY YOU OR ANY THIRD PARTY.

15. Limitation of Liability. Applicability of Disclaimers, Exclusions and Limits

IN NO EVENT WILL THE ENTERTAINMENT STUDIOS PARTIES’ AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE SITE AND SERVICE OR THESE TERMS EXCEED (A) THE AMOUNT (IF ANY) PAID BY YOU TO ENTERTAINMENT STUDIOS IN THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE LIABILITY; OR (B) ONE HUNDRED DOLLARS ($100), WHICHEVER IS LESS.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF DAMAGES, ENTERTAINMENT STUDIOS PARTIES’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION. IN ADDITION, BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, THE DISCLAIMERS SET FORTH ABOVE MAY NOT APPLY TO YOU. THIS PARAGRAPH WILL ONLY APPLY IF AN ARBITRATOR WITH APPLICABLE JURISDICTION FINDS EXCLUSIONS OF DAMAGES OR LIMITATIONS OF LIABILITY TO BE UNCONSCIONABLE.

16. Entertainment Studios is Not Responsible For Third-Party Websites and Content

For your convenience, the online services may provide links to websites of other persons or entities (“Third-Party Websites”). HOWEVER, THE THIRD-PARTY WEBSITES ARE NOT CONTROLLED BY ENTERTAINMENT STUDIOS. ACCORDINGLY, ENTERTAINMENT STUDIOS MAKES NO WARRANTIES OR CONDITIONS REGARDING SUCH THIRD-PARTY WEBSITES HAS NO RESPONSIBILITY FOR THE CONTENTS OF SUCH THIRD-PARTY WEBSITES, AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF OR RELIANCE ON SUCH THIRD-PARTY WEBSITES. YOUR USE OF THIRD-PARTY WEBSITES IS AT YOUR OWN RISK. THE INCLUSION ON THE SITE OR OTHER SERVICE OF A LINK TO A THIRD-PARTY WEBSITE DOES NOT IMPLY AN ENDORSEMENT BY ENTERTAINMENT STUDIOS. WHEN YOU ACCESS ANY OF THESE THIRD-PARTY SITES, PLEASE UNDERSTAND THAT IF YOU VISIT THIRD-PARTY WEBSITES THEN YOUR RIGHTS AND OBLIGATIONS WHILE ACCESSING AND USING THOSE SITES WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THOSE SITES.

17. Indemnification

You agree to defend, indemnify and hold harmless Entertainment Studios, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, demands, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees and costs) arising out of or accruing from (a) any breach of these terms, including any of the foregoing provisions, representations or warranties, and/or from your placement or transmission of any content onto Entertainment Studios’ servers, and/or from any and all use of your account; (b) any material posted or otherwise provided by you (including without limitation User Content), or any other subscriber or user of your account that infringes any intellectual property right of any person or entity or defames any person or violates their rights of publicity or privacy; (c) any misrepresentation made by you in connection with your use of the online services; and (d) any breach of any of the representation, warranties or other terms or conditions relating to use of your User Content or the online services.

18. Reservation of Rights

Entertainment Studios reserves the right to modify or discontinue, temporarily or permanently, all or any part of this Site and/or any software, facilities and services on this Site, with or without notice, and/or to establish general guidelines and limitations on their use.

19. Termination

Entertainment Studios may, in its sole discretion, terminate your password, account (or any part thereof) or use of the online services, or remove and discard any User Content or information stored, sent, or received via the online services without prior notice and for any reason or no reason, including, but not limited to: (i) permitting another person or entity to use your identification to access the Site or online services, (ii) any unauthorized access or use of the online services, (iii) any violation of these Terms of Service, or (iv) tampering with or alteration of any of the software, data files, and/or Content contained in or accessed through, the online services. You may terminate your account for any reason or no reason. Termination, suspension, or cancellation of these Terms of Service or your access rights to the online services shall not affect any right or relief to which Entertainment Studios may be entitled, at law or in equity. Upon such termination, suspension, or cancellation, all rights granted to you will automatically terminate and immediately revert to Entertainment Studios and its licensors and all rights granted by you to Entertainment Studios shall survive in perpetuity.

20. Infringement Policy

Entertainment Studios respects the intellectual property of others, and we ask our users to do the same. This Site and materials incorporated by Entertainment Studios on this Site (“Material”) are protected by copyrights, patents, trade secrets or other proprietary rights (“Copyrights”). Some of the characters, logos or other images incorporated by Entertainment Studios on this Site are also protected as registered or unregistered trademarks, trade names and/or service marks owned by Entertainment Studios or others (“Trademarks”).

Entertainment Studios, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the “Act”), reserves the right, but not the obligation, to terminate your license to use the online services if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. Entertainment Studios accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. Therefore, in compliance with the Act, if you believe that any such third party materials infringe your intellectual property please send a written notice to the agent identified below to request a review of the alleged infringement:

By email: info@es.tv

In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information:

• Your name, address, telephone number, and e-mail address;
• A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the online services are covered by a single notification, a representative list of such works. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials;
• Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Entertainment Studios to locate the material;
• 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 other proprietary right owner, its agent, or the law; and
• A statement that the information in the notice 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 or on behalf of the person defamed.

21. Links By You To the Online Services

We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the online services, so long as: (a) the links only incorporate text, and do not use any trademarks, (b) the links and the content on your website do not suggest any affiliation with or endorsement by Entertainment Studios or cause any other confusion regarding your relationship to Entertainment Studios or its affiliates or to the online services, (c) the link must open in a new browser window and link to the full version of applicable online services web page; and (d) the links and the content on your website do not portray Entertainment Studios or its affiliates or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to Entertainment Studios. Entertainment Studios reserves the right to suspend or prohibit linking to the online services for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party.

22. Responsible Use of Site

Please act responsibly when using this Site and online services. You may only use this Site and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through this Site. You may not collect or store personal information regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to the online services is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted or privately transmitted on or through this Site or online services are the sole responsibility of the sender, not Entertainment Studios, and that you are responsible for all material you upload, publicly post or otherwise transmit to or through this Site or online services.

23. Investigations

Entertainment Studios reserves the right to investigate suspected violations of these Terms, including without limitation any violation arising from any submission, posting or e-mails you make or send to any forum. Entertainment Studios may seek to gather information from the user who is suspected of violating these Terms, and from any other user. Entertainment Studios may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If Entertainment Studios believes, in its sole discretion, that a violation of these Terms has occurred, it may edit or modify any submission, posting or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. Entertainment Studios will fully cooperate with any law enforcement authorities or court order requesting or directing Entertainment Studios to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate these Terms. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS ALL MEMBERS OF ENTERTAINMENT STUDIOS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY MEMBER OF ENTERTAINMENT STUDIOS DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUNCE OF INVESTIGATIONS BY EITHER A MEMBER OF ENTERTAINMENT STUDIOS OR LAW ENFORCEMENT AUTHORITIES.

24. Local Regulations

Entertainment Studios makes no representation that content on the Site or online services are appropriate or available for use outside the United States, its territories, possessions and protectorates. If you choose to access the online services from other locations you do so on your own initiative and at your own risk.

You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country in which you reside.

25. Export Control

Unless otherwise specified, the materials on the online services are presented solely to provide information regarding and to promote Entertainment Studios’s services and other products available in the U.S. The online services are controlled and operated by Entertainment Studios from its offices within the State of New York. Entertainment Studios makes no representation that materials on the online services are appropriate or available for use outside the U.S. Those who choose to access the online services from outside the U.S. do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. Software from the online services are further subject to U.S. export controls. No software may be downloaded or otherwise exported or re-exported (A) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (B) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the online service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

26. Binding Arbitration of All Disputes. No Class Relief

This Section 26 is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Entertainment Studios agree that we intend that this Section 26 satisfies the “writing” requirement of the Federal Arbitration Act. This Section 26 can only be amended by mutual agreement. For non-U.S. residents, if binding arbitration is adjudged by a tribunal to be unenforceable, the provisions of Section 27 shall apply to all relevant disputes between you and us.

We believe that arbitration is a faster, more convenient and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to these Terms of Service, if you have any dispute or disagreement with us regarding (i) your use of or interaction with the Site or other online services, (ii) any purchases or other transactions or relationships with Entertainment Studios, or (iii) any data or information you may provide to Entertainment Studios or that Entertainment Studios may gather in connection with such use, interaction or transaction (collectively, “Entertainment Studios Transactions or Relationships”), you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Site or other online service, or engaging in any other Entertainment Studios Transactions or Relationships with us, you agree to binding arbitration as provided below.

We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, by using our Site or other online service, you agree that any complaint, dispute, or disagreement you may have against Entertainment Studios, and any claim that Entertainment Studios may have against you, arising out of, relating to, or connected in any way with these Terms of Service, our Privacy Policy, or any Entertainment Studios Transactions or Relationships shall be resolved exclusively by final and binding arbitration (“Arbitration”) administered by JAMS or its successor (“JAMS”) and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000, in accordance with the JAMS Comprehensive Arbitration Rules And Procedures then in effect (respectively, the “Applicable Rules”). The Applicable Rules can be found at www.jamsadr.com. If JAMS is no longer in existence, the Arbitration shall be administered by the American Arbitration Association or its successor (the “AAA”) instead, and conducted in accordance with the AAA Commercial Arbitration Rules in effect at that time (which shall be the “Applicable Rules” in such circumstances). If JAMS (or, if applicable, AAA) at the time the arbitration is filed has Minimum Standards of Procedural Fairness for Consumer Arbitrations in effect which would be applicable to the matter in dispute, Entertainment Studios agrees to provide the benefit of such Minimum Standards to you to the extent they are more favorable than the comparable arbitration provisions set forth in this Section 26, provided, however, that in no event may such Minimum Standards contravene or restrict the application of subpart (e) or (i) below. Furthermore, this Section 26 shall not prevent any party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. You further agree that:

(a) Single Arbitrator. The Arbitration shall be conducted before a single arbitrator selected in accordance with the Applicable Rules or by mutual agreement between you and Entertainment Studios (the “Arbitrator”);

(b) Arbitrator Will Interpret This Agreement. The Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of these Terms of Service and/or these arbitration provisions in Section 26 hereof, including but not limited to any claim that all or any part of these Terms of Service is void or voidable;

(c) Location of Arbitration. The Arbitration shall be held either: (i) at a location determined by JAMS (or, if applicable, AAA) pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and Entertainment Studios; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission.

(d) Governing Law. The Arbitrator (i) shall apply internal laws of the State of New York consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with New York or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;

(e) No Class Relief. The Arbitration can resolve only your and/or Entertainment Studios’ individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated;

(f) Written Award. The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;

(g) Arbitration Costs. In the event that you are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, Entertainment Studios will pay as much of your filing and hearing fees in connection with 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;

(h) Reasonable Attorney’s Fees. In the event you recover an Award greater than Entertainment Studios’ last written settlement offer, the Arbitrator shall also have the right to include in the Award Entertainment Studios’ reimbursement of your reasonable and actual out-of-pocket attorneys’ fees associated with the Arbitration, but Entertainment Studios shall in all events bear its own attorneys’ fees; and

(i) Interpretation and Enforcement of Arbitration Clause. With the exception of subpart (e) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (e) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor Entertainment Studios shall be entitled to arbitrate their dispute, and must instead bring any claims in a court of competent jurisdiction.

(j) Modification of Arbitration Clause With Notice. Entertainment Studios may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after Entertainment Studios has given notice of such modifications and only on a prospective basis for claims arising from Entertainment Studios Transactions and Relationships occurring after the effective date of such notification.

(k) Small Claims Matters are Excluded. No Class Relief or Joinder of Claims. Notwithstanding the foregoing arbitration provisions, at your option, you may bring any claim you have against Entertainment Studios in your local small claims court within the U.S., if your claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding.

27. Dispute Resolution for Non-US Residents Only if a Tribunal has Ruled that Arbitration is Prohibited by Law

This Section 27 applies to non-US Residents, where applicable law prohibits arbitration of disputes in accordance with Section 26.

(a) Section 27 disputes. If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the online services, the Content, these Terms of Service, whether heretofore or hereafter arising or to any of Entertainment Studios’ actual or alleged intellectual property rights (collectively, a “Section 27 Dispute”), then you and we agree to send a written notice to the other providing a reasonable description of the Section 27 Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section 27(a). Your notice to us must be sent to:

By email: info@es.tv

For a period of sixty (60) days from the date of receipt of notice from the other party, Entertainment Studios and you will engage in a dialogue in order to attempt to resolve the Section 27 Dispute, though nothing will require either you or Entertainment Studios to resolve the Section 27 Dispute on terms with respect to which you and Entertainment Studios, in each of our sole discretion, are not comfortable.

(b) Jurisdiction. The parties agree that the state or federal courts in New York shall have non-exclusive jurisdiction of any Section 27 Dispute.

(c) Governing Law. To the maximum extent permitted by the mandatory laws in your country of residence, these Terms of Service and any Section 27 Dispute arising out of or in connection with it or its subject matter or formation (including non-contractual disputes), will be governed by, and construed in accordance with, the laws of the U.S. and the State of New York without regard to its conflicts of law provisions, without regard to its conflicts of law provisions.

(d) Limited Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A SECTION 27 DISPUTE AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN SECTION 27(a) WITHIN ONE (1) YEAR AFTER DISCOVERY OF THE SECTION 27 DISPUTE ARISES – OR IT WILL BE FOREVER BARRED.

(e) Injunctive Relief. The foregoing provisions of this Section 27 will not apply to any legal action taken by Entertainment Studios to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the online services, any Content, your User Content and/or Entertainment Studios’ intellectual property rights (including such Entertainment Studios may claim that may be in dispute), Entertainment Studios’ operations, and/or Entertainment Studios’ products or services.

28. Member Disputes

You are solely responsible for any interaction with other members or visitors to the online services, and Entertainment Studios reserves the right, but shall have no obligation, to monitor disputes between you and any other member of Entertainment Studios.

29. Notice for California Users

Under California Civil Code Section 1789.3, California users of the online services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210 Updated on Feb 28, 2011

30. General

(a) Applicable law. These Terms of Service, any Additional Terms and the relationship between you and Entertainment Studios shall be governed by the laws of the U.S. and the State of New York without regard to its conflicts of law provisions.

(b) Venue. Subject to the arbitration provisions above, and other than small claims actions as permitted therein, any action or proceeding arising from, relating to or in connection with these Terms of Service will be brought exclusively in the federal or state courts located in New York, New York, and you irrevocably consent to the personal jurisdiction of such courts and agree that it is a convenient forum and that you will not seek to transfer such action or proceeding to any other forum or jurisdiction, under the doctrine of forum non conveniences or otherwise.

(c) No Waiver. No failure or delay by Entertainment Studios in exercising any right, power or privilege under these Terms of Service will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms of Service.

(d) Severability. Unless otherwise expressly provided herein, the invalidity or unenforceability of any provision of these Terms of Service will not affect the validity or enforceability of any other provision, all of which will remain in full force and effect.

(e) Limited Time to File Claims. You agree that regardless of any statute or law which establishes a different statute of limitations, to the maximum extent permitted under applicable law, any claim or cause of action (including any arbitration) arising out of, related to or connected with the use of the Site or other online services, or these Terms of Service, our Privacy Policy, or other Entertainment Studios Transactions or Relationships must be filed within one (1) year after such claim or cause of action arose or be forever barred.

(f) Paragraph and Section Titles are For Your Convenience. The paragraph or section titles in these Terms of Service are for convenience only and have no legal or contractual effect.

(g) This is the Entire Agreement. These Terms of Service represent the entire understanding of the parties regarding its subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter, and may not be amended, altered or waived except in writing by the party to be charged.

(h) Assignment. These Terms of Service are binding upon and shall ensure to the benefit of parties and their respective successors, heirs, executor, administrators, personal representatives and permitted assigns. You shall not assign your rights or obligations hereunder without Entertainment Studios’ prior written consent.

(i) Connectivity. You are responsible for obtaining and maintaining all devices and other equipment and software, and all internet service provider, mobile service, and other services needed for your access to and use of the online service and you will be responsible for all charges related to them.

31. Terms Applicable For Apple iOS

If you are accessing or using the online services through an Apple device, the following additional terms and conditions are applicable to you and are incorporated into the Terms of Service by this reference:

(a) To the extent that you are accessing the online services through an Apple device, you acknowledge that these Terms of Service are entered into between you and Entertainment Studios and, that Apple, Inc. (“Apple”) is not a party to these Terms of Service other than as third-party beneficiary as contemplated below.

(b) The license granted to you in Section 2 of these Terms of Service is subject to the permitted Usage Rules set forth in the App Store Terms (see: https://www.apple.com/legal/internet-services/itunes/us/terms.html) and any third party terms of agreement applicable to the online services.

(c) You acknowledge that Entertainment Studios, and not Apple, is responsible for providing the online services and Content thereof.

(d) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services to you with respect to the online services.

(e) To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the online services.

(f) Notwithstanding anything to the contrary herein, and subject to the terms in these Terms of Service, you acknowledge that, solely as between Apple and Entertainment Studios, Entertainment Studios and not Apple is responsible for addressing any claims you may have relating to the online services, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that the online services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. As set forth under these Terms of Service in

Sections 13, 14 and 15, Entertainment Studios’ liability to you for use of the online services is greatly limited.

(g) Further, you agree that if the online services, or your possession and use of the online services, infringes on a third party’s intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.

(h) You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Service, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary thereof.

(i) When using the online services, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with the online services.