TERMS AND CONDITIONS OF USE

1. WELCOME TO TV ANYWHERE!

Thank you for choosing TV Anywhere (“TV Anywhere,” “we,” “us,” “our”).

TV Anywhere provides you with an amazing tv experience with social and interactive features for streaming content personalized to your preference. By signing up or otherwise using any of the features provided on the TV Anywhere Service platform including all associated functionalities, websites, as well as all content associated with our services (collectively, the “TV Anywhere Service”, “Service”) or accessing any videos or material that is made available through the Service (the “Content”), you are entering into a binding contract with Silver Rock Technology Services Limited whose services include the TV Anywhere Service Platform.

Please note that these Terms of Use govern your use of TV Anywhere and provide information about the TV Anywhere service platform, outlined below. To use our Service, you need an approved android application device, be it tablet, mobile phone or television and internet access (fees may apply).  When you create a TV Anywhere account through your subscriber or use TV Anywhere, you agree to these terms:

2. THE TV ANYWHERE EXPERIENCE

2.1 The Service

You can acquire Content on our Service for a charge which is referred to as a “Transaction”. The TV Anywhere Service is the property of Silver Rock Technology Services Limited; HOWEVER, each Transaction is an electronic contract between you and TV Anywhere and its affiliates. When you make your first Transaction, we will ask you to choose how frequently we should ask for your password for future Transactions.

We therefore grant you a limited, non-exclusive, revocable permission to make use of the TV Anywhere Service, and a limited, non-exclusive, revocable permission to make personal, non-commercial use of the Content (collectively, “Access”). This Access shall remain in effect until and unless terminated by you or TV Anywhere. You promise and agree that you are using the TV Anywhere Service and Content for your own personal, non-commercial use and that you will not redistribute or transfer the TV Anywhere Service or the Content.

The TV Anywhere software application and the Content are not sold or transferred to you, and TV Anywhere and its licensors retain ownership of all materials and content provided on the TV Anywhere software applications even after installation on your personal computers, mobile handsets, tablets or television (“Devices”).

All TV Anywhere trademarks, service marks, trade names, logos, domain names, and any other features of the TV Anywhere brand (“TV Anywhere Brand Features”) are the sole property of Silver Rock Technology Services Limited or its licensors. The Agreements do not grant you any rights to use any TV Anywhere Brand Features whether for commercial or non-commercial use.

You agree to abide by our User guidelines and not to use the TV Anywhere Service, the Content, or any part thereof in any manner not expressly permitted by this Agreement. Except for the rights expressly granted to you in this Agreement, TV Anywhere grants no right, title, or interest to you in the TV Anywhere Service or Content.

2.2 Service Options

You can find a brief description of our Service options on the home menu of the application where we will explain which Service options are available to you when you create a TV Anywhere account. Certain options are provided to you free-of-charge. The TV Anywhere Service that does not require payment is currently referred to as the “Entry Level Pack.” Other options require payment before you can access them (the “Paid Subscriptions”). 

We may also offer special promotional plans, memberships, or services, including offerings of third-party products and services in conjunction with or through the TV Anywhere Service. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered subscription plans and promotional offerings at any time in accordance with these Terms.

2.3 TV ANYWHERE ACCOUNT

Using our Services and accessing your preferred Content requires a TV Anywhere account. This account is your personal identification you would use across TV Anywhere’s ecosystem. Your TV Anywhere account is valuable, and you are responsible for maintaining its confidentiality and security. TV Anywhere is not responsible for any losses arising from the unauthorized use of your personalised account. Please contact TV Anywhere through your service provider if you suspect that your account has been compromised.

You must be age 16 (or equivalent minimum age in your Home Country, as set forth in the registration process) to create a TV Anywhere account and use our Services. Any TV Anywhere account for persons under this age can be created by a parent or legal guardian or by an approved educational institution.

3.    PAYMENTS AND SERVICE CANCELLATIONS

3.1 Billing

You may purchase a Paid Subscription directly from the TV Anywhere platform or through your internet service provider either by (a) paying a subscription fee in advance on a monthly basis or some other recurring periodic daily, weekly, or monthly subscriptions disclosed on the platform; or (b) pre-payment giving you access to our TVOD titles for a specific time period (“Pre-Paid Period”).

TV Anywhere may change the price for the Paid Subscriptions, including recurring subscription fees, the Pre-Paid Period (for periods not yet paid), from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the TV Anywhere Service after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the Paid Subscription prior to the price change going into effect.

3.2 Renewal and Cancellation

Unless your Paid Subscription has been purchased for a Pre-Paid Period, your payment to TV Anywhere through which you purchased the Paid Subscription will automatically renew at the end of the applicable subscription period, unless you cancel your Paid Subscription before the end of the then-current subscription period. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the Entry Level Pack. Please note that we do not provide refunds or credits for any partial subscription periods.

4.    RIGHTS YOU GRANT US

In consideration for the rights granted to you under the Agreements, you grant us the right (a) to allow the TV Anywhere Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Service, (b) to provide advertising and other information to you, and (c) to allow our business partners to do the same. In any part of the TV Anywhere Service, the Content you access, including its selection and placement, may be influenced by commercial considerations, including TV Anywhere’s agreements with third parties. Some Content licensed by, provided to, created by or otherwise made available by TV Anywhere may contain advertising as part of the Content. The TV Anywhere Service makes such Content available to you unmodified.

If you provide feedback, ideas or suggestions to TV Anywhere in connection with the Service or Content (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize TV Anywhere to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.

You grant TV Anywhere a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, irrevocable, fully paid, worldwide license to use, reproduce, make available to the public (e.g. perform or display), publish, translate, modify, create derivative works from, and distribute any of your User Content in connection with the Service through any medium, whether alone or in combination with other Content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content. Where applicable and permitted under applicable law, you also agree to waive and not enforce any “moral rights” or equivalent rights, such as your right to be identified as the author of any User Content, which is the Feedback, and your right to object to derogatory treatment of such User Content.

5. User Guidelines

TV Anywhere respects intellectual property rights and expects you to do the same. We have established a few ground rules for you to follow when using the Service, to make sure TV Anywhere stays enjoyable for everyone. Any other use of the Service and Content is a material breach of this Agreement. TV Anywhere may monitor your use of the Service Platform and Content to ensure that you are following these User Guidelines.

1. You may use the Services and Content only for personal, non-commercial purposes.
2. TV Anywhere’s delivery of Content does not transfer any promotional use of rights to you, and does not constitute a grant or waiver of any rights of the copyright owners.
3. You can use one TV Anywhere account on up to four different registered devices in a shared network at one time.
4. Content rentals in relation to SVODs and TVODs are viewable on a single device at a time, and must be played within thirty (30) days, and completed within forty-eight (48) hours of the start of play (stopping, pausing or restarting does not extend this period).

The following is not permitted for any reason whatsoever:

1. Copying, redistributing, reproducing, “ripping,” recording, transferring, or displaying to the public, broadcasting, or making available to the public any part of the TV Anywhere Service or the Content, or otherwise making any use of the TV Anywhere Service or the Content which is not expressly permitted under the Agreement or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the TV Anywhere Service or the Content or any part of it;
2. transferring copies of cached Content from an authorized Device to any other Device via any means;
3. reverse-engineering, decompiling, disassembling, modifying, or creating derivative works of the TV Anywhere Service, Content or any part thereof except to the extent permitted by applicable law;
4. circumventing any technology used by TV Anywhere, its licensors, or any third party to protect the Content or the Service;
5. selling, renting, sublicensing or leasing of any part of the TV Anywhere Service or the Content;
6. circumventing any territorial restrictions applied by TV Anywhere or it licensors;
7. circumventing or blocking advertisements in the TV Anywhere Service, or creating or distributing tools designed to block advertisements in the TV Anywhere Service;
8. “crawling” the TV Anywhere Service or otherwise using any automated means (including bots, scrapers, and spiders) to view, access or collect information from the TV Anywhere application;

Please respect the TV Anywhere platform. Do not engage in any activity or register and/or use a username, which is or includes material that:

1. is offensive, abusive, defamatory, pornographic, threatening, or obscene; 
2. is illegal, or intended to promote or commit an illegal act of any kind, including violations of intellectual property rights, privacy
3. rights, or proprietary rights of TV Anywhere or a third party; 
4. includes your password or purposely includes any other user’s password or purposely includes personal data of third parties or is intended to solicit such personal data; 
5. includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user’s access to the Service; 
6. is intended to or does harass or bully other users; 
7. impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
8. involves the transmission of unsolicited mass mailings or other forms of spam, junk mail, chain letters, or similar; 
9. involves commercial or sales activities, such as advertising, promotions, or contests, that are not expressly authorized by TV Anywhere; 
10. links to, references, or otherwise promotes commercial products or services, except as expressly authorized by TV Anywhere; 
11. interferes with or in any way disrupts the TV Anywhere Service, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Service or TV Anywhere’s computer systems, network, usage rules, or any of TV Anywhere’s security components, authentication measures or any other protection measures applicable to the Service, the Content or any part thereof; or 
12. conflicts with the Agreements, as determined by TV Anywhere.

You acknowledge and agree that any violation of the above User guidelines (or that TV Anywhere reasonably believes violates these User guidelines) may result in immediate termination or suspension of your TV Anywhere account. You also agree that TV Anywhere may reclaim your username for any reason.

Please be thoughtful about how you use the Service Platform. Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use (including any unauthorized use) of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by a third party, you must notify us immediately and change your password as soon as possible.

6. CONSENT TO USE OF DATA

You agree that TV Anywhere as well as its affiliates may collect and use technical data and related information—including but not limited to technical information about your device or system, TV Anywhere account, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Service Platform. TV Anywhere may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.

7. SERVICE LIMITATIONS AND MODIFICATIONS

TV Anywhere will make reasonable efforts to keep the Service Platform operational. However, certain technical difficulties, maintenance or testing, or updates required to reflect changes in relevant laws and regulatory requirements, may, from time to time, result in temporary interruptions. TV Anywhere reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Service, with advance notice where possible, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the Service or any function or feature thereof. Notwithstanding the foregoing, if you have prepaid fees to TV Anywhere for Paid Subscriptions that TV Anywhere permanently discontinues prior to the end of the Pre-Paid Period (defined in the Payments and Cancellations section), TV Anywhere will refund you the prepaid fees for the Pre-Paid Period after such discontinuation. You understand, agree, and accept that TV Anywhere will make reasonable efforts, although it has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service. TV Anywhere and/or the owners of any Content may, from time to time, remove any such Content without notice. This section will be enforced to the extent permissible by applicable law.

8.    CUSTOMER SUPPORT

For customer support with account-related and payment-related questions (“Customer Support Queries”), please submit a ticket to our Customer Service department using the Customer Service contact form on the About Us section of our portal. We will use reasonable endeavors to respond to all Customer Support Queries within a reasonable time frame but we make no promises that any Customer Support Queries will be responded to within any particular time frame and/or that we will be able to answer any such queries.

9.    TERM AND TERMINATION

The Agreement will continue to apply to you until terminated by either you or TV Anywhere. However, you acknowledge and agree that the perpetual license granted by you in relation to Feedback you provided, is irrevocable and will therefore continue after expiry or termination of any of the Agreements for any reason. TV Anywhere may terminate the Agreements or suspend your access to the Service Platform at any time, including in the event of your actual or suspected unauthorized use of the Service and/or Content, or non-compliance with the Agreement, or if we withdraw Services and/or Content (in which case we shall provide you with reasonable notice in advance of doing so). If you or TV Anywhere terminate the Agreements, or if TV Anywhere suspends your access to the Service Platform, you agree that TV Anywhere shall have no liability or responsibility to you, and TV Anywhere will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. You may terminate the Agreement at any time. To learn how to terminate your TV Anywhere account, please contact us through the Customer Service contact form which is available on our About Us page. This section will be enforced to the extent permissible by applicable law.

10.    WARRANTY DISCLAIMER

YOU UNDERSTAND AND AGREE THAT THE TV ANYWHERE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. TV ANYWHERE AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER TV ANYWHERE NOR ANY OWNER OF CONTENT WARRANTS THAT THE TV ANYWHERE SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, TV ANYWHERE MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, DEVICES OR ANY OTHER PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE SERVICE PLATFORM OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND TV ANYWHERE IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THE FOREGOING. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM TV ANYWHERE SHALL CREATE ANY WARRANTY ON BEHALF OF TV ANYWHERE. WHILE USING THE SERVICE PLATFORM, YOU MAY HAVE ACCESS TO EXPLICIT CONTENT FILTERING FEATURES, BUT USE OF THESE FEATURES MAY STILL RESULT IN SOME EXPLICIT CONTENT BEING SERVED AND YOU SHOULD NOT RELY ON SUCH FEATURES TO FILTER ALL EXPLICIT CONTENT. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.

11.    SERVICE LIMITATIONS

YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE TV ANYWHERE SERVICE IS TO UNINSTALL THE APPLICATION AND TO STOP USING THE SERVICE. YOU AGREE THAT TV ANYWHERE HAS NO OBLIGATION OR LIABILITY ARISING FROM OR RELATED TO THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SERVICE PLATFORM, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO TV ANYWHERE, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.

IN NO EVENT WILL TV ANYWHERE, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (B) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OF OR INABILITY TO USE THE TV ANYWHERE SERVICE OR DEVICES,THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER TV ANYWHERE HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (C) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE TV ANYWHERE SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO TV ANYWHERE DURING THE PRIOR TWELVE MONTHS IN QUESTION.

12.    ENTIRE AGREEMENT

Other than as stated in this section or as explicitly agreed upon in writing between you and TV Anywhere, this Agreement constitutes all the terms and conditions agreed upon between you and TV Anywhere and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.

13.    ASSIGNMENT

TV Anywhere may assign the Agreements, and any of its rights under the Agreements, in whole or in part, and may delegate any of its obligations under the Agreements. You may not assign the Agreements, in whole or in part, nor transfer or sub-license your rights under the Agreements, to any third party.

14.    INDEMNIFICATION

You agree to indemnify and hold TV Anywhere harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to: (a) your breach of this Agreement; (b) any feedback you contribute; (c) any activity in which you engage on or through the TV Anywhere Service; and (d) your violation of any law or the rights of a third party.

15.    CHOICE OF LAW AND GOVERNING LAW

This Agreement shall be governed exclusively under the laws of the State of New York, United States of America without any regard to conflict of law claims, theories, principles or case law.  Furthermore, you and TV Anywhere agree to the jurisdiction of the courts of New York, NY, U.S.A to resolve any dispute, claim, or controversy that relates to or arises in connection with the Agreement.

16.    OTHER PROVISIONS

TV Anywhere may notify you with respect to the Services by sending an email message to your provided email address or via text messaging through your network provider. Notices shall become effective immediately. TV Anywhere may also contact you by email or push notification to send you additional information about the Services.

You hereby grant TV Anywhere the right to take steps which we believe are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that TV Anywhere has the right, without liability to you, to disclose any data and/or information to law enforcement authorities, government officials, and/or a third party, as TV Anywhere believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to TV Anywhere's right to cooperate with any legal process relating to your use of the Services and/or Content, and/or a third-party claim that your use of the Services and/or Content is unlawful and/or infringes such third party's rights).

Children under the age of majority should review this Agreement with their parent or guardian to ensure that the child and parent or legal guardian understand it.

If you have any questions concerning the TV Anywhere Service Platform or this Agreement, please contact our Customer Service by visiting the About Us section of our portal.

Thank you for reading our Terms. We hope you enjoy TV Anywhere