Welcome to the Music & Media Network! We are a subscription service that provides our members with access to music, motion pictures, shows, and other audio-visual entertainment (“music, movies & shows”) streamed over the Internet to certain Internet-connected TV’s, computers and other devices (“MMN ready devices”).
If you are a resident of the United States (including its possessions and territories), you agree to the Arbitration Agreement and class action waiver described in Section 15 to resolve any disputes with MMN (except for matters that may be taken to small claims court).
5. Membership, Free Trials, Billing and Cancellation
i. Ongoing Membership. Your MMN membership, which may start with a free trial, will continue month-to-month or year-to-year unless and until you cancel your membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) to use the MMN service. We will bill the monthly or annual membership fee to your Payment Method. You must cancel your membership before it renews each month or year in order to avoid billing of the next month’s membership fees to your Payment Method.
b. Free Trials
i. Your MMN membership may start with a free trial. The free trial period of your membership lasts for one month, or as otherwise specified during sign-up. Free trials may not be combined with any other offers. Free trials are for new and certain former members only. MMN reserves the right, in its absolute discretion, to determine your free trial eligibility.
ii. We will begin billing your Payment Method for monthly or annual membership fees at the end of the free trial period of your membership unless you cancel prior to the end of the free trial period. To view the specific details of your membership, including monthly or annual membership price and end date of your free trial period, visit our website and click the “View billing details” link on the “Account” page. We may authorize your Payment Method through various methods, including authorizing it up to approximately one month or year of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.
iii. You will not receive a notice from us that your free trial period has ended or that the paying portion of your membership has begun. CLICK THE “ACCOUNT” LINK AT THE TOP OF ANY MMN WEB PAGE (www. MusicAndMedaNetwork.com) TO FIND CANCELLATION INSTRUCTIONS. We will continue to bill your Payment Method on a monthly basis for your membership fee until you cancel.
i. Recurring Billing. By starting your MMN membership, you authorize us to charge you a monthly or annual membership fee at the then current rate, and any other charges you may incur in connection with your use of the MMN service to your Payment Method. You acknowledge that the amount billed each month may vary from month to month or year to year for reasons that may include differing amounts due to promotional offers and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.
iv. No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
v. Payment Methods. You may edit your Payment Method information by visiting our website and clicking on the “Account” link, available at the top of the pages of the MMN website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. If you signed up for MMN using your account with a third party (i.e., iTunes, or similar account) as a Payment Method, and wish to cancel your MMN membership at any time, including during your free trial, you will need to do so through such third party, including by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from, the MMN service. You may also find billing information about your MMN membership by visiting your account with the applicable third party. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
vi. Cancellation. You may cancel your MMN membership at any time, and you will continue to have access to the MMN service through the end of your monthly or annual billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH OR PARTIAL-YEAR MEMBERSHIP PERIODS OR UNWATCHED MOVIES OR SHOWS. To cancel, go to the “Account” page on our website and follow the instructions for cancellation.
6. MMN Service
b. The MMN service, and any content listened to and/or viewed through our service, are for your personal and non-commercial use only. During your MMN membership, we grant you a limited, non-exclusive, non-transferable, license to access the MMN service and listen to music and view movies and shows through the service on a streaming-only basis for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you.
c. You may view a movie or show through the MMN service only in geographic locations where we offer our service and have licensed such movie or show. The content that may be available to watch will vary by geographic location. MMN will use technologies to verify your geographic location. THE NUMBER OF DEVICES ON WHICH YOU MAY SIMULTANEOUSLY WATCH IS LIMITED. Go to the change plan information in the “Account” page to see the number of devices on which you may simultaneously watch. The number of devices available for use and the simultaneous streams may change from time to time at our discretion.
d. We continually update the MMN service, including the content library. In addition, we continually test various aspects of our service, including our website, user interfaces, service levels, plans, promotional features, availability of movies and shows, delivery and pricing. We reserve the right to, and by using our service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our service.
f. The availability of movies & shows to watch will change from time to time, and from country to country. The quality of the display of the streaming movies & shows may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. HD availability subject to your Internet service and device capabilities. Not all content available in HD. A download speed of at least 5.0 Mbps per stream is recommended to receive HD content, which is defined as 720p or better. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. MMN makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching a movie or show will vary based on a number of factors, including your location, available bandwidth at the time, the movie or show you have selected and the configuration of your MMN ready device.
g. MMN streaming software is developed by, or for, MMN and is designed to enable streaming of content from MMN through MMN ready devices. This software may vary by device and medium, and functionalities may also differ between devices. BY USING OUR SERVICE, YOU ACKNOWLEDGE AND AGREE TO THE END USER LICENSE AGREEMENT (www. MusicAndMedaNetwork.com/EULA) AND TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE MMN AND RELATED THIRD-PARTY SOFTWARE. IF YOU DO NOT ACCEPT THE FOREGOING TERMS, DO NOT USE OUR SERVICE. WE DO NOT TAKE RESPONSIBILITY OR OTHERWISE WARRANT THE PERFORMANCE OF THESE DEVICES, INCLUDING THE CONTINUING COMPATIBILITY OF THE DEVICE WITH OUR SERVICE. By using our service, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the MMN service. If your MMN ready device is sold, lost or stolen, please deactivate the MMN ready device. If you fail to log out or deactivate your device, subsequent users may access the MMN service through your account and may be able to access certain of your account information. To deactivate a device, follow instructions on the “Account” page of our website (www. MusicAndMedaNetwork.com/YourAccount).
7. Passwords & Account Access
a. The member who created the MMN account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over the MMN account. The Account Owner’s control is exercised through use of the Account Owner’s password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting MMN Customer Service and potentially altering the Account Owner’s control, the Account Owner should not reveal the Payment Method details (e.g., last four digits of their credit or debit card, or their email address if they use PayPal) associated with their account. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.
b. In order to provide you with ease of access to your account and to help administer the MMN service, MMN implements technology that enables us to recognize you as the Account Owner and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the MMN service, which includes accessing via MMN ready devices or website.
d. You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the MMN website and not through a hyperlink in an email or any other electronic communication, even if it looks official. MMN reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. MMN is not obligated to credit or discount a membership for holds placed on the account by either a representative of MMN or by the automated processes of MMN.
8. Disclaimers of Warranties and Limitations on Liability
a. THE MMN SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE MMN SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. MMN DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE MMN SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. MMN SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, MMN READY DEVICES, AND MMN SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).
b. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL MMN, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
c. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
9. Gifts & Promotions. We may offer Gift Subscriptions for purchase on our websites. Your Payment Method will be charged for any purchased Gift Subscriptions. The purchase and redemption of Gift Subscriptions are subject to the Gift Subscription Terms (www. MusicAndMedaNetwork.com/Gift-Terms). Promotional codes may be redeemed on our website. Promotional codes can only be used once and cannot be redeemed for cash, resold or combined with any other offers, including a free trial. If you received a promotion code through an offer by a third party, additional restrictions may apply.
10. Intellectual Property
a. Copyright. The MMN service, including all content provided on the MMN service, is protected by United States and international copyright, trade secret or other intellectual property laws and treaties.
b. Claims of Copyright Infringement. If you believe your work has been reproduced or distributed in a way that constitutes copyright infringement or are aware of any infringing material available through the MMN service, please notify us by completing the Copyright Infringement Claims form(www.MusicAndMedaNetwork.com/copyrights).
11. Governing Law
d. You may also be entitled to certain consumer protection rights under the laws of your local jurisdiction.
12. Applications. You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) (“Application(s)”) that interact with the MMN service. These Applications may import data related to your MMN account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and MMN is not responsible for such Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO WITH OR SPONSORED BY MMN AND MAY NOT BE AUTHORIZED FOR USE WITH OUR SERVICE IN ALL COUNTRIES. USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK.
13. Use of Information Submitted. MMN is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to the MMN service, including the MMN website and user interfaces, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the MMN service. In addition, you agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law. Please note MMN does not accept unsolicited materials or ideas for movies or shows, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to MMN. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against MMN and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.
15. Arbitration Agreement
b. If you elect to seek arbitration or file a small claim court action, you must first send to MMN, by certified mail, a written Notice of your claim (“Notice”). The Notice to MMN must be addressed to: General Counsel, Music & Media Network Ltd., 2430 S. Academy Blvd., Colorado Springs, CO 80916 (“Notice Address”). If MMN initiates arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by MMN, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If MMN and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or MMN may commence an arbitration proceeding or file a claim in small claims court.
c. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org.
d. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless MMN and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence.
e. If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of MMN’s last written settlement offer made before an arbitrator was selected (or if MMN did not make a settlement offer before an arbitrator was selected), then MMN will pay you the amount of the award or US$1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
16. YOU AND MMN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and MMN agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.