Terms & Conditions

Last Updated: July 11, 2019

Welcome to Sundance Now. Please read this Terms of Use Agreement (the "Terms of Use") carefully, as it establishes legally binding terms and conditions that apply to your use of Shudder Services.

In these Terms of Use, “Sundance Now Services,” means the services provided and made available by Digital Store LLC, third party platforms and their affiliates (collectively, "Sundance Now", "we", "our" or "us") in connection with your browsing and viewing of Sundance Now multimedia (such as movies and television shows) (“Content”) through www.sundancenow.com (the “Site”), the Sundance Now application (the “App”), or other interfaces and platforms. The Sundance Now Services also include any other technologies, features, and content we may provide or use on the Sundance Now user interfaces.

1. Scope and Acceptance

The Terms of Use include:

  • The terms and conditions in this document;
  • The Sundance Now Privacy Policy located at https://www.sundancenow.com/privacy;
  • The Sundance Now Cookie Policy located at https://www.sundancenow.com/cookies; and
  • 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”).

The Terms of Use apply to anyone who uses the Sundance Now Services ("User", "you" or "your"), including, but not limited to, people who register for the Sundance Now Services, people who subscribe to the Sundance Now Services, and people who simply browse the Sundance Now Services. If you use, visit, register for, or subscribe to the Sundance Now Services, you understand, acknowledge, and agree that you are bound by the terms and conditions of these Terms of Use.

If you do not agree to these Terms of Use, do not use the Sundance Now Services.

NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.

2. Changes to These Terms of Use

We may modify these Terms of Use, including the Privacy Policy, Cookie Policy, and Additional Terms and conditions from time to time. If you have a current subscription for Sundance Now Services or are a registered user, modifications will take effect for you, unless stated otherwise, 30 days after posting. For all other Users, the revised Terms of Use shall be effective immediately upon posting.

We will post or display on the Sundance Now Services site and we will email you or otherwise notify you about material changes to these Terms of Use; the form of notice we may use is, to the extent allowed by applicable law, at our discretion. We recommend that you check back frequently and review these Terms of Use regularly so that you are aware of the most up-to-date Terms of Use. Your continued use will be taken as acceptance of these updated Terms of Use.

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 support@sundancenow.com with the email address you signed up with. If you have subscribed to Sundance Now Subscription Services (as defined in section 4(e) below), you will continue to have access to your Sundance Now Subscription Services until the end of your current subscription period.

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 support@sundancenow.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 support@sundancenow.com.

We may terminate or restrict your use of or registration to the Sundance Now Services at any time, without compensation or notice, at our sole discretion, if you are in violation of these Terms of Use or are engaged in any illegal or unauthorized use of the Sundance Now Services.

Except as otherwise expressly provided in these Terms of Use, you acknowledge and agree that we shall have no other liability to you in respect of such termination. Even after your subscription or registration is terminated, to the extent necessary for us to enforce our legal rights, your obligations under these Terms of Use shall remain in effect.

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 support@sundancenow.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.

c. Updates

In its sole discretion, Sundance Now may issue updates to the App in participating app stores, which may affect your use of the App on your Sundance Now ready device (including bug fixes and updates, changes in the user interface or how you access content, and other changes that may add, alter or remove functionalities and features). You consent to Sundance Now providing automatic background upgrades and updates to the App installed on your devices for those purposes. You acknowledge that these updates may happen automatically at any time (and that they cannot be disabled by you). You may withdraw your consent at any time to automatic background upgrades and updates by uninstalling or removing the App from your devices. Where updates are not provided automatically, you may have to download the latest version of the App. Updates may require you to accept any accompanying changes to the Terms of Use before you are able to continue to use the App. If you decline an App update, you may not be able to access or use the Sundance Now Services or prior versions of the App. You acknowledge that these updates will require an internet connection and you may incur additional data charges from the provider of the internet connection. You understand that these updates are necessary to maintain compatibility with other updates to Sundance Now's products or services and may be required for security reasons.

d. User Registration

Once you have successfully selected your Sundance Now Services package, as applicable, you need to become a registered User of Sundance Now Services in order to access and use the Sundance Now Services. To become a registered User via the App, you must create an account with a unique username and password combination on the App (“User Credentials”) and provide certain additional information, including, but not limited to, name and post code (“Registered Account”). If you have subscribed to Sundance Now Services via the Site, you will be prompted to create a Registered Account directly through the Site. Registered Accounts can only be established by persons living in the Territory (as defined in section 20 (Geographic Availability) below) who have reached or are above the age of majority in the applicable country of the Territory, and who have otherwise met the criteria to create User Credentials. After you input the User Credentials, you will need to (i) review and accept these Terms of Use, located at https://www.sundancenow.com/terms, and (ii) agree to receiving updates, alerts and Promotions from Sundance Now to confirm your registration with Sundance Now.

It is a condition of use of the Sundance Now Services that all the details you provide will be correct, current, and complete and will not violate any law. If Sundance Now or its respective partners or affiliates believe the details are not correct, current or complete, or that you have otherwise violated these Terms of Use or any law, we have the right to suspend or terminate your Registered Account or refuse you access to the Sundance Now Services and its resources. You may edit your User Credentials or any other personal information on your Registered Account through the “My Account” section of the App or at https://www.sundancenow.com/member/account.

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 support@sundancenow.com. 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.

The Subscription Service. We may provide you with access to certain Video Content (“Subscription Video Content”) on a subscription basis, subject to these Terms of Use. You may have to pay a fee in order to view Subscription Video Content, subject to the terms provided when you initiate the subscription. Sundance Now Services of this type are referred to as “Subscription Services.”

f. Subscription Service License and Terms

Upon successful payment of any applicable subscription fee and subject to these Terms of Use, Sundance Now will grant you a non-exclusive, non-transferable, non-assignable, non-sublicensable, limited right and license to view and privately display the Subscription Video Content by and through the Sundance Now Services for your own personal, noncommercial use for the duration specified at the time of subscription (the “Subscription Term”).

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

a. General

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.

b. Pricing

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

If Video Content is unavailable or will not stream, review the Sundance Now troubleshooting articles available at http://support.sundancenow.com. If the Video Content is still unavailable, contact customer service via support@sundancenow.com. To the maximum extent permitted by law, your exclusive and sole remedy with respect to Video Content for which you have paid but that you are not able to use for whatever reason will be (a) the retransmission of such Video Content, or (b) if such Video Content is unavailable, provision of replacement Video Content, of an equal or lesser value in each instance; provided, however, that, if retransmission or replacement of Video Content is not possible within a reasonable time, you may request a refund of any fee paid specifically in respect of such Video Content. However, you acknowledge that no retransmission, replacement or refund will be provided if your inability to view the Video Content is as a result of your failure to comply with the Minimum System and Configuration Requirements and/or the other requirements, or terms and conditions described in these Terms of Use.

f. Taxes

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 support@sundancenow.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.

So, we encourage you to read the terms and conditions and privacy policy of each third party platform that you visit as your activities on that platform and the processing of your data by that third party will be governed by those documents.

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:

  • You are 18 years of age or older, or the age of majority in your province, territory, or country, if you are registering as a User on the Sundance Now Services. If you are under the age of 18, or applicable age of majority, you may use the Sundance Now Services only with the consent of a parent or legal guardian, under the account of such parent or legal guardian and subject to these Terms of Use.
  • 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 are responsible for ensuring that all persons who access Content using your User Credentials are aware of these Terms of Use and that they comply with them;
  • You must comply with these Terms of Use. You agree that when using the Sundance Now Services, you will not engage in or encourage conduct that would violate any applicable law, rule, regulation, judicial or government order or treaty, or give rise to civil liability or violate or infringe upon any intellectual property, proprietary, privacy, moral, publicity, or other rights of ours or of any other person or entity.
  • 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 agreement on or through the Sundance Now Services.
  • If you have a reasonable belief that a post or transmittal by another User violates these Terms of Use, please contact us at support@sundancenow.com. We reserve the right, but have no obligation to, remove User-submitted content that we, in our sole discretion, believe may violate these Terms of Use.
  • You understand that by using the Sundance Now Services, you may encounter Content that you might find offensive, indecent, or objectionable, and that this Content may or may not be flagged as potentially objectionable. Any Content types, ratings, and descriptions are only provided for convenience, and we do not guarantee their accuracy or availability. You understand that you are using the Sundance Now Services at your sole risk and that to the maximum extent permitted by law, we have no liability to you in connection with any Content you find to be offensive, indecent, or otherwise objectionable.
  • If you encounter User-created content that you have a reasonable belief to be objectionable and in violation of these Terms of Use, please contact us at support@sundancenow.com.

We reserve the right to investigate and take appropriate legal action against anyone who, as determined in our sole discretion, violates, or is suspected of violating, these Terms of Use, including, without limitation, reporting you to law enforcement authorities.

9. Our Intellectual Property Rights

We own or license all right, title and interest in and to the Sundance Now Services. All content contained in or made available through the Sundance Now Services is protected by copyright, trade secret, and other applicable intellectual property laws, rules, regulations and treaties. The content includes, without limitation, all films, video, audio/visual content, music (including the musical compositions therein), artwork, photographs, illustrations, graphics, logos, copy, text, computer code, software, data, user interfaces, visual interfaces, information, materials, and all copyrightable or otherwise legally protectable elements of the Sundance Now Services, including, without limitation, the design, selection, sequence, look and feel, and arrangement of the Sundance Now Services, and any copyrights, trademarks, service marks, trade names, trade dress, patent rights, database rights and/or other intellectual property and/or proprietary rights therein (including with respect to any content contained and/or made available in any advertisements or information presented to you via the Sundance Now Services). Unless the context clearly requires otherwise or we explicitly set forth in writing, the term "Sundance Now Services" includes such content.

Upon successful payment of the subscription fee and subject to these Terms of Use, we grant you a non-exclusive, non-assignable, non-transferable and limited license to use the Sundance Now Services only for your non-commercial, personal use and for no other purposes. You must not alter, delete or conceal any copyright, trademark, service mark or other notices contained on the Sundance Now Services, including, without limitation, notices on any Content you transmit, download, display, print, stream or reproduce from the Sundance Now Services. Except as expressly authorized by Sundance Now, you shall not, nor shall you allow any third party (whether or not for your benefit or otherwise) to, reproduce, modify, create derivative works from, display, perform, communicate to the public, make available, publish, distribute, disseminate, broadcast, transmit or circulate to any third party (including, without limitation, on or via a third party website or platform), or otherwise use, any Content without the express, prior written consent of Sundance Now or the owner of the Content if Sundance Now is not the owner. Any unauthorized or prohibited use of any Content may subject you to civil liability, criminal prosecution, or both, under applicable laws, rules, regulations and treaties. We require users to respect our copyrights, trademarks, and other intellectual property rights and shall aggressively enforce the same to the fullest extent of the law, including seeking criminal prosecution. We likewise respect the intellectual property of others. If you believe that the Sundance Now Services contain elements that infringe your intellectual property rights, please follow the procedures set forth in Section 10 below.

10. Copyright and Intellectual Property Claims

If you believe that content available through the Sundance Now Services infringes upon your copyright or other intellectual property rights, you may submit a notification by providing our Copyright Agent (set forth below) with the following information in writing:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the work claimed to have been infringed, or, if multiple works on the Sundance Now Services are covered by a single notification, a representative list of such works on the Sundance Now Services;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
  • For each work, identification of the infringement that is claimed, which country or countries the work is being infringed, as well as the date and time of the infringement;
  • Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if applicable, e-mail address;
  • 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 intellectual property owner, its agent or the law; and
  • A statement that the information in the notification 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.

Written notification of claimed infringement must be submitted to the following Copyright Agent:

If access to your content has been disabled or your content was removed and you believe such content is not infringing, you may send a counter-notice containing the following information to our Copyright Agent:

Sundance Now

Copyright Agent

c/o Digital Store LLC

11 Penn Plaza

New York, NY 10001

Fax: (646) 273-7190

Email: dmca-claims@sundancenow.com

  • Your physical or electronic signature;
  • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  • A statement that you have a good faith belief that the content was removed or disabled as a result of a mistake or a misidentification of the content; and
  • Your name, address, telephone number, and, if applicable, e-mail address, and a statement that you shall accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by our Copyright Agent, Sundance Now may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the owner files an action seeking a court order against the content provider or the User, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Sundance Now’s sole discretion.

11. Customer Support

For assistance with billing questions, technical issues, order inquiries, or other issues related to the Sundance Now Services, please reach out to our customer service support by support@sundancenow.com.

12. Personal Information

We respect your privacy and the use and protection of your personal information. In the course of your use of the Sundance Now Services, you may be asked to provide certain information about yourself to us. Our information collection and use policies with respect to the privacy of your information are set forth in our Privacy Policy, incorporated herein. We encourage you to read the Privacy Policy (located at https://www.sundancenow.com/privacy), and to use it to help make informed decisions.

13. Assignment

These Terms of Use are personal to you, and any rights, licenses and privileges granted herein, may not be transferred or assigned by you without our consent. We may assign or transfer our rights, licenses, and privileges without restriction and without notice to you, provided such assignment or transfer does not affect your rights under these Terms of Use and complies with applicable laws.

14. Indemnity

You agree to defend, indemnify and hold Sundance Now, its successors and assigns, directors, officers, employees, representatives, agents, licensors, advertisers, suppliers and operational service providers harmless from any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees) (collectively, "Claims"), arising in any way out of or in connection with (a) your use of the Sundance Now Services; (b) your breach or violation of these Terms of Use; or (c) your User Postings. Sundance Now reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Sundance Now’s defense of such Claim.

15. DISCLAIMER AND LIMITATIONS OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, THE SUNDANCE NOW SERVICES, AND ALL CONTENT, PRODUCTS, SERVICES AND USER POSTINGS ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THAT THE SUNDANCE NOW SERVICES WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS, SERVICES OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. SUNDANCE NOW DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT THE SUNDANCE NOW SERVICES OR THE USE OF YOUR SUNDANCE NOW ACCOUNT WILL BE: (I) UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR-FREE, OR (II) FREE FROM ATTACK OR SECURITY INTRUSION. ALL IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS RELATING TO THIS SITE, AND ALL CONTENT, PRODUCTS, SERVICES AND USER POSTINGS ARE HEREBY DISCLAIMED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ANY THIRD PARTY THAT OWNS OR OPERATES THE APP STORE OR PLATFORM THROUGH WHICH YOU CAN ACCESS AND/OR DOWNLOAD THE SUNDANCE NOW SERVICES, THEIR AFFILIATES, VENDORS, AGENTS AND SUPPLIERS, AS APPLICABLE, GIVE ANY WARRANTY, HAVE ANY RESPONSIBILITY OR HAVE ANY LIABILITY WITH RESPECT TO YOUR USE OF THE SUNDANCE NOW SERVICES ,OR ANY CONTENT OR FUNCTIONALITY IN THE SUNDANCE NOW SERVICES, NOR SHALL THEY BE RESPONSIBLE FOR PROVIDING SUPPORT SERVICES WITH RESPECT TO THE SUNDANCE NOW SERVICES.

YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL CUMULATIVE LIABILITY OF SUNDANCE NOW, ITS AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS SUPPLIERS, DIRECTORS, OFFICERS AND EMPLOYEES, AFFILIATES, PARENT, SUCCESSORS AND ASSIGNS, FOR ALL CLAIMS UNDER OR RELATING TO THESE TERMS OF USE, INCLUDING LIABIILTY RELATING TO THE SUNDANCE NOW SERVICES, YOUR SUNDANCE NOW ACCOUNT, YOUR INFORMATION AND ALL DEVICES LINKED TO YOUR SUNDANCE NOW ACCOUNT, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), IN EQUITY, UNDER STATUTE, UNDER AN INDEMNITY OR ON ANY OTHER BASIS SHALL NOT EXCEED THE TOTAL PURCHASE PRICE YOU PAID FOR ALL OF THE DEVICES LINKED TO YOUR SUNDANCE NOW ACCOUNT. THE FOREGOING LIMITATIONS SHALL APPLY WHETHER OR NOT SUCH LOSS OR DAMAGE WAS FORESEEABLE AND EVEN IF THE REMEDY PROVIDED HEREIN FAILS ITS ESSENTIAL PURPOSE AND EVEN IF SUNDANCE NOW, ITS DIRECTORS, OFFICERS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY.

Without limiting the foregoing, to the extent permitted by law we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Sundance Now Services. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Sundance Now Services, including, without limitation, User Postings and Content associated with your use of the Sundance Now Services.

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, SUNDANCE NOW, ITS AFFILIATES, PARENT, SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS AND SUPPLIERS, SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE LOSS OR DAMAGE WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY, UNDER STATUTE OR ON ANY OTHER BASIS.

You further understand and acknowledge the capacity of the Sundance Now Services, in the aggregate and for each User, is limited. Consequently, some messages and transmissions, including, without limitation, User Postings, may not be processed in a timely fashion or at all, and some features or functions may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that Sundance Now assumes no liability, responsibility or obligation to transmit, process, store, receive or deliver transactions or User Postings or for any failure or delay associated with any User Postings and you are hereby expressly advised not to rely upon the timeliness or performance of the Site for any transactions or User Postings.

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.

We do not attempt to exclude or limit in any way our liability to you where it would be unlawful for us to do so. In the UK, this includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentations or for defective products under the Consumer Protection Act 1987. In Austria, this includes liability for death and personal injury as well as damage caused deliberately or as a result of gross negligence as well as liability for defective products under the Products Liability Act. In New Zealand, this includes the rights and remedies available to you under the New Zealand Consumer Guarantees Act 1993 (CGA) and the Fair Trading Act 1986 (FTA), unless you are in trade and are using the Sundance Now Services for business purposes, in which case you agree that the rights and remedies under the CGA and FTA do not apply. In Australia, this includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation, as well as liability for any guarantee, term, condition or warranty that is implied into these Terms of Use under the Australian Consumer Law or any other applicable legislation (a “Non-excludable Provision”). If we are able to limit your remedy for our breach of a Non-excludable Provision, then our liability will be limited to one or more of the following at our option: in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; and in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again

NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.

16. Terms Applicable to Third Party Platform Providers

If you access or download the App via Amazon, Apple, Roku, or any other third party application store or platform (each, a “Third Party Platform Provider”), such Third Party Platform Providers shall be third-party beneficiaries to these Terms of Use. However, these Third Party Platform Providers are not party to these Terms of Use and have no obligation to provide maintenance and/or support of the Sundance Now Services. Sundance Now, not such Third Party Platform Providers, is solely responsible for the Sundance Now Services. Your access to the App through the Third Party Platform Providers’ application stores or platforms are subject to the terms set forth in the applicable Third Party Platform Provider’s terms of service.

If there are any conflicts between these Sundance Now Terms and the customer terms of use of any such Third Party Platform Provider (a “Third Party Platform EULA”) then to the extent of such conflict, such Third Party Platform EULA will control, as applicable. Third Party Platform Providers do not have any responsibility or liability related to the compliance or non-compliance by you under these Sundance Now Terms or their respective EULAs.

17. Electronic Signature and Contracts

When you use the Sundance Now Services, you can enter into agreements and make purchases electronically. You agree to the use of electronic records and signatures in association with the Sundance Now Services. Your agreement and intent to use electronic records and signatures applies to all transactions you enter into on the Service Services, including without limitation and to the full extent allowed by law, notices of cancellation, policies, contracts, and applications. If you do not wish to use electronic records and signatures, do not use the Sundance Now Services.

You may have a legal right to receive certain information from us in writing. You agree that we may use e-mail and other electronic means to provide you with such information as well as for other communications. To access and retain this information you will need to provide us with an active e-mail account, and you must have an Internet-connected device that is capable of receiving HTML e-mails and a method of storing or printing those e-mails. You may have a legal right to receive paper copies of certain notices. To receive such copies, contact us at support@sundancenow.com. To update your contact information, visit the “My Account” section of the Sundance Now Services.

You confirm that you have the ability to access and retain e-mails.

18. Force Majeure

Sundance Now shall not have any liability to you by reason of any delay or failure to perform any obligation hereunder if the delay or failure to perform is occasioned by force majeure, which shall refer to any act of God, storm, fire, casualty, unanticipated work stoppage, power outage, satellite failure, strike, lockout, labor dispute, civil disturbance, riot, war, national emergency, Governmental action or other cause beyond Sundance Now’s reasonable control.

19. Geographic Availability

The Sundance Now Services are intended for viewing solely within the United States, Canada, United Kingdom, Ireland, Germany, Austria, Australia, New Zealand and each of their respective territories, possessions and protectorates (the “Territories”). Sundance Now makes no representations that materials or other Video Content in the Sundance Now Services are appropriate or available for use outside of the Territories.

20. Dispute Resolution

If you live in Australia, you can bring legal proceedings in respect of the Services in the courts of Australia or the relevant State or Territory in which you live. Where you do, you submit to the non-exclusive jurisdiction of the relevant court in Australia.

Dispute Resolution Provisions for U.S. Customers

IF YOU LIVE IN THE UNITED STATES, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND ACORN TV (TOGETHER, THE “PARTIES”) AGREE TO SUBMIT EXCLUSIVELY ANY CLAIM, CONTROVERSY OR DISPUTE ARISING OUT OF OR RELATING TO THE SITE, THE SERVICES, THESE TERMS OF USE, OR ANY OTHER POLICIES OR OTHER TERMS INCORPORATED THEREIN (INCLUDING THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, ENFORCEABILITY, VALIDITY, OR RIGHTS UNDER ANY OF ANY OF THE FOREGOING) (EACH, A “DISPUTE”) FOR RESOLUTION BY CONFIDENTIAL, INDIVIDUAL, BINDING ARBITRATION, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY.

THE PARTIES AGREE THAT THE ARBITRATOR, AND NOT ANY FEDERAL, STATE, PROVINCIAL OR LOCAL COURT OR AGENCY, SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ANY DISPUTES RELATING TO THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY OR FORMATION OF THIS AGREEMENT TO ARBITRATE, INCLUDING ANY CLAIM THAT ALL OR ANY PART OF THIS AGREEMENT TO ARBITRATE IS VOID OR VOIDABLE. THE ARBITRATOR SHALL ALSO BE RESPONSIBLE FOR DETERMINING ALL THRESHOLD ARBITRABILITY ISSUES, INCLUDING ISSUES RELATING TO WHETHER THE TERMS ARE UNCONSCIONABLE OR ILLUSORY AND ANY DEFENSE TO ARBITRATION, INCLUDING WAIVER, DELAY, LACHES OR ESTOPPEL.

TO THE FULLEST EXTENT PERMITTED BY LAW: (I) YOU EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO ARBITRATE A DISPUTE AS A CLASS ACTION; AND (II) YOU ALSO EXPRESSLY WAIVE YOUR RIGHT TO A JURY TRIAL.

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THE TERMS AS A COURT WOULD.

THE ARBITRATION WILL BE HELD IN NEW YORK, NEW YORK. IF THIS LOCATION IS NOT CONVENIENT FOR YOU, PLEASE LET US KNOW. WE WILL WORK WITH YOU TO DETERMINE A MUTUALLY CONVENIENT LOCATION. ANY DISAGREEMENTS REGARDING THE FORUM FOR ARBITRATION WILL BE SETTLED BY THE ARBITRATOR.

DISPUTES WILL BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION. IN THE EVENT THAT ARBITRATION IS NOT PERMITTED BY APPLICABLE LAW: (I) THE PARTIES EXPRESSLY AGREE THAT ANY DISPUTE WILL BE BROUGHT AND HEARD SOLELY AND EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF COMPETENT JURISDICTION LOCATED IN NEW YORK, NEW YORK. THE PARTIES WAIVE ANY PLEA OR DEFENSE THAT SUCH COURTS ARE NOT THE APPROPRIATE VENUE OR THAT THEY ARE NOT SUBJECT TO PERSONAL JURISDICTION OF SUCH COURTS.

THE ARBITRATION WILL BE ADMINISTERED BY JAMS. YOU MAY OBTAIN A COPY OF THE RULES OF JAMS BY CONTACTING THE ORGANIZATION. EACH OF US SHALL AGREE ON ONE ARBITRATOR TO CONDUCT THE ARBITRATION. IN THE EVENT THE PARTIES CANNOT AGREE ON AN ARBITRATOR, THE ARBITRATOR WILL BE SELECTED IN ACCORDANCE WITH THE JAMS RULES.

IF YOU INITIATE ARBITRATION, YOUR ARBITRATION FEES WILL BE LIMITED TO THE FILING FEE SET FORTH BY JAMS. REGARDLESS OF WHO INITIATES ARBITRATION, ACORN TV WILL PAY YOUR SHARE OF ARBITRATION FEES (NOT INCLUDING YOUR ATTORNEYS’ FEES) UP TO A MAXIMUM OF $2,500. IF THE ARBITRATOR RULES AGAINST ACORN TV, IN ADDITION TO ACCEPTING WHATEVER RESPONSIBILITY IS ORDERED BY THE ARBITRATOR, ACORN TV WILL REIMBURSE YOUR REASONABLE ATTORNEYS’ FEES AND COSTS UP TO A MAXIMUM OF $5,000, REGARDLESS OF WHO INITIATED THE ARBITRATION, UNLESS THE ARBITRATOR FINDS SOME OR ALL OF YOUR CLAIMS TO BE FRIVOLOUS OR TO HAVE BEEN BROUGHT IN BAD FAITH. IN ADDITION, IF THE ARBITRATOR RULES IN ACORN TV’S FAVOR, IT WILL NOT SEEK REIMBURSEMENT OF OUR ATTORNEYS’ FEES AND COSTS, REGARDLESS OF WHO INITIATED THE ARBITRATION, UNLESS THE ARBITRATOR FINDS SOME OR ALL OF YOUR CLAIMS TO BE FRIVOLOUS OR TO HAVE BEEN BROUGHT IN BAD FAITH.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS SECTION, TO THE EXTENT EITHER PARTY IN ANY MANNER HAS VIOLATED OR THREATENED TO VIOLATE THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS, THE NON-BREACHING PARTY MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE, PROVINCIAL OR FEDERAL COURT OF COMPETENT JURISDICTION.

EXCEPT AS OTHERWISE PROHIBITED BY LAW, ANY DISPUTE MUST BE BROUGHT WITHIN ONE (1) YEAR FROM THE DATE THE CAUSE OF ACTION ARISES.

IN THE EVENT THAT ANY PROVISION OF THE AGREEMENT TO ARBITRATE IS HELD INVALID OR UNENFORCEABLE, ALL OTHER TERMS WITHIN THE AGREEMENT TO ARBITRATE SHALL REMAIN IN FULL FORCE AND EFFECT.

IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SITE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.

YOU MAY ALSO BE ENTITLED TO CERTAIN CONSUMER PROTECTION AND OTHER RIGHTS UNDER THE LAWS OF YOUR LOCAL JURISDICTION.

21. Miscellaneous

These Terms of Use, together with any Additional terms and conditions, our Privacy Policy, and any other regulations, procedures and policies which we refer to in these Terms of Use and which are hereby incorporated by reference, contain the entire understanding and agreement between you and Sundance Now concerning the Sundance Now Services and supersedes any and all prior or inconsistent understandings relating to the Sundance Now Services and your use thereof. To the extent that there is a conflict between these Terms of Use and the Additional terms and conditions for the activity in which you choose to participate, the additional terms and conditions shall govern.

These Terms of Use cannot be changed or terminated orally.

If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, this shall not affect any other provisions and these Terms of Use shall be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of these Terms of Use.

No action arising out of these Terms of Use or your use of the Sundance Now Services, regardless of form or the basis of the claim, may be brought by you more than one year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose), unless otherwise provided by law. These Terms of Use and your use of the Sundance Now Services are governed by, construed and enforced in accordance with the internal substantive laws of the State of New York, U.S.A., regardless of the State's conflict of laws provisions.

These Terms of Use were last modified on the date indicated above and are effective immediately.

Copyright © 2017 Digital Store LLC

Conditions d'utilisation de Sundance Now

Last Updated: February 2017

Bienvenue à Sundance Now. Veuillez lire la présente Entente de conditions d'utilisation (les « Conditions d'utilisation ») attentivement, car elle établit des modalités et des conditions contraignantes en droit applicables à votre utilisation des Services de Sundance Now.

Dans la présente Entente de conditions d'utilisation, « Services de Sundance Now » signifie les services fournis et rendus accessibles par Digital Store LLC et par ses filiales (collectivement, « Sundance Now », « nous », « notre » ou « nos ») en rapport avec votre navigation et votre visualisation des multimédias de Sundance Now (comme des films et des émissions télévisées (« Contenu ») par le biais des sites Web, des applications ou des autres interfaces et plates-formes de Sundance Now. Les Services de Sundance Now comprennent également les autres technologies, caractéristiques et contenus que nous pouvons fournir ou utiliser sur les interfaces utilisateur de Sundance Now.

1. Champ d'application et acceptation Les conditions d'utilisation comprennent :

  • les modalités et les conditions du présent document;
  • la Politique de confidentialité de Sundance Now;
  • la Politique applicable aux fichiers témoins de Sundance Now; et
  • les modalités et conditions additionnelles que nous pouvons fournir en association avec certains services de Sundance Now, comme les règles de participation à certaines activités de Sundance Now (« Règles »), y compris les concours et les loteries publicitaires (« Promotions »). Les Conditions d'utilisation sont applicables à toutes les personnes qui utilisent les Services de Sundance Now (« Utilisateurs », « vous » ou « votre »), y compris, mais sans limitation, les personnes qui s'inscrivent aux Services de Sundance Now, les personnes qui s’abonnent aux Services de Sundance Now et les personnes qui naviguent simplement les Services de Sundance Now. Si vous utilisez, visitez, vous inscrivez ou vous abonnez aux Services de Sundance Now, vous comprenez, reconnaissez et acceptez que vous êtes lié par les modalités et conditions des présentes Conditions d'utilisation.

Si vous n'acceptez pas les présentes Conditions d'utilisation, n'utilisez pas les Services de Sundance Now.

AUCUNE DES PRÉSENTES CONDITIONS D'UTILISATION N’AFFECTERA LES DROITS AUXQUELS VOUS NE POUVEZ PAR RENONCER QUI VOUS SONT APPLICABLES.

2. Modification des présentes Conditions d'utilisation Nous pouvons parfois modifier les présentes Conditions d'utilisation, et notamment la Politique de confidentialité, la Politique applicable aux fichiers témoins et toutes les modalités et conditions additionnelles. Si vous avez un abonnement en vigueur aux Services de Sundance Now, ou si vous êtes un utilisateur inscrit, les modifications apportées vous seront applicables, à moins d'indication contraire, 30 jours après leur publication. Pour tous les autres Utilisateurs, les Conditions d'utilisation révisées entreront en vigueur immédiatement dès leur publication.

Nous pouvons décider de publier ou d’afficher sur les Services de Sundance Now, de vous envoyer par courriel ou de vous informer d’une autre façon, des modifications importantes apportées aux présentes Conditions d'utilisation; la forme de l’avis que nous pouvons utiliser, dans la mesure permise par la loi, est à notre discrétion. Nous vous recommandons de vérifier fréquemment et de revoir régulièrement les présentes Conditions d'utilisation afin de vous informer des dernières Conditions d'utilisation. La poursuite de votre utilisation sera considérée comme l'acceptation des présentes Conditions d'utilisation mises à jour. 3. Résiliation de l'utilisation des Services de Sundance Now Vous pouvez résilier votre abonnement ou inscription aux Services de Sundance Now à tout moment, pour quelque raison que ce soit, en cliquant sur votre nom d'utilisateur dans le coin supérieur droit du site, en sélectionnant « My Account » (mon compte), en sélectionnant l'onglet « Membership Settings » (paramètres d'adhésion) et en cliquant sur l'option « Cancel Subscription » (annuler l'abonnement). Veuillez noter, si vous vous êtes inscrit par le biais de notre site Web, vous devez annuler votre abonnement grâce à un navigateur Internet sur votre ordinateur ou tablette. L'option d'annulation ne sera pas disponible sur l'application Sundance Now de vos appareils mobiles. Si vous rencontrez des problèmes pour annuler votre inscription, veuillez envoyer un courriel à support@sundancenow.com avec votre nom d'utilisateur et l’adresse électronique que vous avez utilisée pour vous inscrire. Si vous vous êtes abonné aux Services d'abonnement de Sundance Now, vous continuerez à avoir accès aux Services d'abonnement de Sundance Now jusqu'à la fin de votre période d'abonnement actuelle.

Nous pouvons résilier ou limiter votre utilisation ou votre inscription aux Services de Sundance Now à tout moment, sans compensation ou avis, à notre seule discrétion, si vous êtes en violation des présentes Conditions d'utilisation ou si vous utilisez de façon illégale ou non autorisée les Services de Sundance Now.

Nous ne fournissons pas de remboursement ou de crédit pour toute période d'adhésion partiellement utilisée ou pour le contenu non visualisé accessible par le biais des Services de Sundance Now. Vous reconnaissez et acceptez que nous n'aurons aucune autre responsabilité à votre égard relativement à une telle résiliation. Même après la résiliation de votre abonnement ou inscription, dans la mesure nécessaire pour faire appliquer nos droits légaux, vos obligations en vertu des présentes Conditions d'utilisation resteront en vigueur.

4. Comment accéder au contenu vidéo

a. Ayez un appareil prêt à utiliser Sundance Now Pour accéder à certains Services de Sundance Now, et pour les utiliser, et notamment le contenu vidéo, vous devrez utiliser des appareils et d'autres technologies répondant à certaines exigences de système et configuration, ainsi qu’à certaines autres exigences (un « Appareil prêt à utiliser Sundance Now »). Des renseignements sur ces exigences peuvent être obtenus dans la section Exigences minimum de système et de configuration ou en communiquant avec nous à support@sundancenow.com. Vous devez veiller à avoir un appareil prêt à utiliser Sundance Now avant d'acheter ou de commander tous Services de Sundance Now.

b. Paiement de droits Certains contenus audiovisuels disponibles sur ou par le biais des Services de Sundance Now (le « Contenu vidéo ») peuvent être accédés et visualisés en payant des droits.

Location de Contenu vidéo individuel. Nous pouvons offrir du Contenu vidéo (« Contenu vidéo transactionnel ») sur la base d'une location et/ou d'une diffusion à la demande (comme une diffusion à la carte), sous réserve des présentes Conditions d'utilisation. Les utilisateurs peuvent devoir payer des droits pour visualiser des unités particulières du Contenu vidéo transactionnel sous réserve des modalités du point d'achat. Par exemple, les droits peuvent vous autoriser à un certain nombre de visualisations de Contenu vidéo transactionnel ou les droits peuvent vous autoriser à un