Terms & Conditions
Last Updated: July 11, 2019
1. Scope and Acceptance
- The terms and conditions in this document;
- Additional terms and conditions that we may provide in association with certain Sundance Now Services (“Additional Terms), such as terms that are specific to particular Sundance Now Services and/or rules for participation in certain Sundance Now activities ("Rules"), including contests and sweepstakes (“Promotions”).
3. Termination of Use of Sundance Now Services
You may terminate your subscription or registration for Sundance Now Services at any time, for any reason by visiting the Site and clicking on the "My Account" page (or similar), going to “Membership Settings” and following the instructions for cancellation on the applicable app store where you purchased the Sundance Now Services. However, WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-BILLING PERIOD OR PARTIAL SUBSCRIPTION PERIODS OR FOR UNWATCHED CONTENT ACCESSIBLE THROUGH THE SUNDANCE NOW SERVICES, unless required by law. Please note if you signed up via our website you must cancel through a web browser on your computer or tablet. The option to cancel will not be available on the App on your mobile devices. If you experience any issues canceling, please email us at firstname.lastname@example.org
For Users residing or accessing content in the United Kingdom, Australia or Austria, you may cancel your Subscription Service within fourteen days of purchase by emailing us at email@example.com. For Users residing or accessing content in Australia, and who have entered into this contract through telemarketing, you may cancel your Subscription Service within fourteen days of purchase by emailing us at firstname.lastname@example.org.
At any time, in our sole discretion, we may choose to provide refunds, discounts, or other consideration (“credits”) to some or all of our Users. If we choose to provide credits at a particular time, it will not obligate us to provide credits to you or others at any point in the future unless required by law.
4. How to Access Video Content
a. Have a Sundance Now ready device
To access and use certain Sundance Now Services, including video content, you will be required to use devices and other technology meeting certain system, configuration and other requirements (a “Sundance Now ready device”). For more information on these platform requirements, contact us at email@example.com. You should ensure that you have a Sundance Now ready device prior to purchasing or ordering any Sundance Now Services.
b. Internet Connectivity
Your Sundance Now ready device must be connected to the internet via a data plan through your mobile provider, wireless (“WiFi”), or ethernet to operate the Sundance Now Services or temporarily download select Video Content for offline viewing on certain mobile devices. To operate the Sundance Now Services, you need to: (i) download the App from a third-party app store; (ii) access the Sundance Now application or channel through a third-party platform; or (ii) visit the Site to purchase the Sundance Now Services directly from Sundance Now.
d. User Registration
The Sundance Now Registered Accounts are for individual use only. Your account is personal to you and you may not transfer it to any other party. You are responsible for protecting and maintaining the confidentiality of your User Credentials. You may be responsible and liable for access to or use of the Sundance Now Services—including uses that may incur fees—by any person or entity using your User Credentials, whether or not you have authorized such access or use. We are not responsible or liable for any loss or damage arising from your failure to maintain the confidentiality of your User Credentials. You must immediately notify us if and when you become aware of, or reasonably suspect, any unauthorized use of your User Credentials or any other breach of security by emailing us at firstname.lastname@example.org. To help protect you and the Sundance Now Services, if we have a reasonable belief that a person or entity is engaging in unauthorized use of your User Credentials, we may deny access, use and registration privileges to that person or entity.
e. Pay a Fee
Some audio-visual Content made available on or through the Sundance Now Services (the “Video Content”) may be accessed and viewed by paying a fee.
f. Subscription Service License and Terms
After your or our termination of Subscription Services or at the end of the Subscription Term (whichever is earlier), if your Subscription does not automatically renew, you will no longer be able to access or view any Subscription Video Content as part of the Subscription Services. We will provide you with notice that your Subscription Term is ending or has ended. You agree that your Sundance Now account is for personal, non-commercial use only and is limited to only one stream at any particular time.
Some Subscription Video Content may be accessed through:
- Streaming-on-demand on an unlimited basis (as long as the User remains a subscriber of the Subscription Service), and/or
- Temporary download basis, in which you can temporarily download the Video Content via the Sundance Now Service. Your Sundance Now ready device must be connected to the internet via a data plan through your mobile provider or WiFi to temporarily download select Video Content for offline viewing. Once you select and download Video Content, you can watch the downloaded Video Content for seven (7) days from the date of your download or, if earlier, until the Video Content expires. After the seven (7) day period, or if shorter, after the end of that shorter period, you are still an active subscriber to the Sundance Now Services, you may download the Video Content again, provided the Video Content is still available as part of the Sundance Now Services.
g. Availability of Video Content
We strive to provide a great selection of Video Content to you through the Sundance Now Services. We may add, remove, or disable access to certain Video Content or some or all of the Sundance Now Services at our sole discretion. You understand that the Video Content and Sundance Now Services available to you may change over time, including during your subscription or video-rental period. In addition, some Video Content may not be available in your geographic region or may not be accessible to you based on your equipment or other factors.
To the maximum extent permitted by applicable law, we are not liable for the removal of or disabling of access to any Sundance Now Services, content, materials or functionality of the Sundance Now Services.
5. Pricing and Payment Terms
You agree to pay in full the prices and fees for any purchases that are made using your User Credentials via credit, debit or other payment methods that we accept at the time of purchase.
The Content made available on the Sundance Now Services is offered at different prices as set forth on the applicable portion of the Sundance Now Services. We reserve the right, as permitted by law, to change any and all prices for any Content at any time or as frequently as permissible in the jurisdiction in which you reside, for any reason, by updating the prices set forth on the applicable portion of the Sundance Now Services. If we increase the price of the Sundance Now Subscription Service, we will provide you with prior written notice. If you do not wish to keep your subscription at the increased price, you may cancel your Subscription Service by following the steps set out in section 3 (Termination of Use of Sundance Now Services) prior to the end of the then current billing period.
c. Payment Methods Accepted
We accept Visa, MasterCard, American Express, and Discover credit cards, and Visa debit cards as forms of payment (the "Payment Methods"), subject to certain restrictions, including, without limitation, territory restrictions, bank/payment card restrictions, spending limits, third party service provider restrictions or otherwise, which may prevent the processing of your order. If a payment card company is being used for a transaction, Sundance Now may obtain a pre-approval from the applicable issuer of your chosen Payment Method for an amount up to the amount of the order. You will be solely responsible where the issuer of your chosen Payment Method charges you a foreign transaction fee. Refer to your Payment Method issuer for further information. All purchases of fee-based Video Content are final once you click the "Pay Now" or similar button and billing to your chosen Payment Method occurs at such time or shortly thereafter.
d. Payment for Subscription Services
You can find the specific details regarding your subscription to Sundance Now Services at any time by clicking on "My Account".
By starting Subscription Services, you authorize us and any of our authorized third party payment processors or third-party distributors, as applicable, to charge you the fees for your subscription at the then-current rate (the “Subscription Fees”), and any other charges you may incur in connection with your use of the Sundance Now Services, to the payment method you provide during registration of the Subscription Service (or to a different payment method if you change your account information). You permit our authorized payment processors or distributors, or service providers on their behalf, to store information as needed to facilitate billing and payment.
We (or our authorized payment processors or distributors) will bill you the Subscription Fee for each billing period described when you purchase a subscription ("Billing Period"), unless and until you cancel your subscription. We (or our authorized payment processors or distributors) will automatically bill your stored Payment Method on the calendar day corresponding to the beginning of each of your Billing Periods.
If you change your Payment Method, this could result in changing the calendar day upon which you are billed for each Billing Period. If your paid subscription begins on a day not contained in a given month, and your Billing Period is every month, your Payment Method will be billed on the last day of such month. For example, if your paid Sundance Now Services subscription starts on March 31st, your next payment date is April 30th, and your Payment Method would be billed on that date.
Please note that you may be offered a promotional price, such as a trial subscription, that is available for the length of time disclosed on your offer. In the event that a promotional offer expires for your Subscription, you authorize us (or our authorized payment processors or distributors) to charge your Payment Method for an increased amount, pursuant to the terms of such promotional offer disclosed to you when you accepted such promotional price. The total cost of your subscription will include applicable taxes that are not accounted for in the subscription price. If you want to change or update your Payment Method, visit “My Account” in the Sundance Now Services. If your payment method expires and you do not update or change your payment method or cancel your Subscription, you authorize us (or our authorized payment processors or distributors) to continue billing your Payment Method, and you remain responsible for any uncollected amounts.
Your subscription to the Sundance Now Services automatically renews unless the subscription is terminated, as described in Section 3 above. By subscribing to the Sundance Now Services, you agree to and authorize Sundance Now and/or third party platforms or providers to charge you for the subscription fee at the then-current rate, and any other charges you may incur in connection with your use of the Sundance Now Services, to the then-current payment method on file with Sundance Now or such third party platform or provider, as applicable. Your payment method will be charged within twenty-four (24) hours prior to the end of the current subscription period at the then-current rate.
Once you have subscribed to the Sundance Now Services, you will receive an auto-generated email confirming your subscription.
e. Unwatched Video Content
You are responsible for any taxes imposed on any fee-based transactions conducted on or in connection with the Sundance Now Services. Fee-based transactions on the Sundance Now Services may include, without limitation, sales tax, use tax and any other applicable taxes, which may be based on various factors, including, but not limited to, the bill-to address and tax rates in effect at the time your transaction is completed. In Australia, fee-based transactions will include GST (as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth)). Users are not eligible for tax exemptions for transactions made on the Sundance Now Services.
Sundance Now has collected the simplified sellers use tax on taxable transactions delivered into Alabama and the tax will be remitted on the customer’s behalf to the Alabama Department of Revenue. Sundance Now’s program account number is SSU-R010533293.
g. Additional Terms for iTunes Subscribers
If you subscribe to the Sundance Now Services via iTunes, the following terms shall also apply.
- Payment will be charged to your iTunes Account at confirmation of purchase.
- Your subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period.
- Your account will be charged for renewal within 24-hours prior to the end of the current period, and will identify the cost of the renewal.
- Subscriptions may be managed by the user and auto-renewal may be turned off by going to the User's Account settings after purchase.
h. Unpaid Amounts
We reserve the right to pursue any amounts you fail to pay in connection with your purchase of Sundance Now Services. If payment is not received by us (or our authorized processors or distributors) from your credit, debit or charge card issuer or its agents or other payment service provider, you remain responsible for uncollected amounts and agree to promptly pay all amounts due upon demand by us (or our authorized processors or distributors). You will, to the maximum extent allowed by law, remain liable to Sundance Now for all such amounts and all necessary costs we incur in connection with the collection of these amounts, including, without limitation, collection agency fees, reasonable attorneys' fees, and arbitration or court costs.
6. Free Trials
On occasion, we may offer free trial subscriptions to qualified users. If we offer you a free trial, the specific terms of your free trial will be presented to you before or during sign-up. Restrictions and limitations on eligibility may apply.
If you do not cancel your subscription to Sundance Now Services before the end of last day of the free trial, your subscription will be automatically converted from a free trial to a subscription to Sundance Now Services and you will be charged for your subscription at the end of the last day of your free trial. If the free trial converts to a paid subscription subject to the terms presented to you prior to or during sign up, you authorize us to begin billing your payment method for the subscriber fee at the end of the free trial period of your subscription unless you cancel prior to the end of the free trial period. To view the specific details of your subscription, including monthly subscription price and end date of your free trial period, visit the Sundance Now Services and click the "Membership Terms and Details" link (or similar) on the "My Account" page or contact us at email@example.com. We may pre-authorize your payment method, and you authorize us to do so. In some instances, your available balance or credit limit may be reduced to reflect the authorization; however, IF YOU CANCEL PRIOR TO THE END OF YOUR FREE TRIAL, THERE WILL BE NO CHARGES TO YOUR PAYMENT METHOD. CLICK THE "MY ACCOUNT" LINK FOR CANCELLATION INSTRUCTIONS.
7. Advertisements and Third Party Links
The Sundance Now Services may include or display URLs, hyperlinks, or other similar technologies that, if used, will redirect you to websites, mobile apps, or other services offered by third parties that we do not control. We do not necessarily verify or endorse, or recommend that you access, these platforms and we do not provide any guarantees to their web content, services, or products. The platforms may be permitted to use our logos, other trademarks, or other information that identifies us, but this doesn’t mean that we endorse the platforms. Unless we expressly state otherwise, to the maximum extent permitted by law, we are not responsible for the activities or data practices on third party platforms (including privacy practices and policies) or any goods and services available in connection with the third party platforms. By making third-party services available to you, we do not, to the maximum extent permitted by applicable law, assume any obligations, responsibility or liability for the practices of such third parties.
8. Your Use of the Sundance Now Services
We want to keep the Sundance Now Services safe and fun for everyone. We do not permit unlawful or harmful use of the Sundance Now Services. Accordingly, you represent, warrant and agree that:
- In cases where you have authorized a minor to use the Site, you are fully responsible for: the online conduct of such minor; controlling the minor's access to and use of the Site and Content; and the consequences of any use or misuse by the minor.
- You will make timely and satisfactory payment for any Content purchased by you on or in connection with the Sundance Now Service. You agree that all of the personal information and payment information that you provide is truthful and accurate. If we suspect that the personal information and/or payment information that you have provided is untrue, inaccurate, not current, or incomplete, we may, to the maximum extent permitted by law, suspend or terminate your current and future access to Sundance Now Services without liability or obligation to you or any third party.
- Some Content on the Sundance Now Services may be protected by technologies (commonly known as Digital Rights Management technology) or rules. These technologies may limit or restrict access and use of the Content. You understand that these technologies are in place to protect the intellectual property rights of the Content producers, Sundance Now, and our business partners and licensors. Accordingly, you agree that you will respect and will not attempt to violate or infringe any technologies or rules that protect Content, and that you will not and will not assist or encourage anyone to copy, distribute copies, modify, adapt, translate, reverse engineer, decompile, or disassemble software used to provide the Sundance Now Services, or create any derivative works from or of such software.
- You will not intentionally or unintentionally engage in or encourage conduct that affects adversely or reflects negatively on Sundance Now, the Sundance Now Services, our goodwill, name, or reputation. You also agree not to discourage any person or entity from using the Sundance Now Services or doing business with us.
- You will not use the Sundance Now Services for commercial or business reasons, including pyramid schemes or exploiting information or material obtained in connection with the Sundance Now Services. This includes linking with another website or mobile application and all forms of compensation.
- You will not solicit usernames, passwords, or other personal information of Sundance Now Services Users for your personal gain or for unlawful purposes. This includes the collection and use of information for spamming, flooding, harvesting of email addresses or other personal information, "spidering", "screen scraping", "phishing", "database scraping", or any other activity with the purposes of obtaining lists of Users or other information.
- You will not cause the Sundance Now Services to be affected with malware, including software viruses, spyware, Trojan horses or other computer code, files or programs designed to interrupt, impair, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Similarly, you agree that you will not otherwise affect the normal operations of the Sundance Now Services by, for example, causing the modification, disruption, impairment, or interference with the use, features, function, operation or maintenance of the Sundance Now Services or the rights or use of the Sundance Now Services by others.
- You will not impersonate any person or entity while using the Sundance Now Services: You agree that you will not impersonate or falsely state or represent your affiliation with a person or entity, or provide us or other Sundance Now Services Users with false or misleading indications of origin.
- You will post or transmit only appropriate content on the Sundance Now Services and content that you have a legal right to post or transmit where features of the Sundance Now Services allow you to submit, post, email, display, transmit, or otherwise make available content or materials (“User Postings”). You will not post or transmit content or material that that is known by you to be false, inaccurate or misleading, or that infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any party. We strive to keep the Sundance Now Services a safe and fun environment for Users. You will not post or transmit content or materials that we reasonably believe to be unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy or publicity rights, harassing, profane, obscene, vulgar or that contains explicit or graphic imagery, descriptions or accounts of excessive violence or sexual acts or contains a link to an adult website or is patently offensive, promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
- You will not post or transmit content or materials that you do not have a right to make available under any law, rule or regulation or contractual or fiduciary relationships, or otherwise creates a security or privacy risk for any other person or entity. For example, you may not post or transmit proprietary or confidential information subject to a non-disclosure agreement or employer confidentiality