PLEASE CAREFULLY READ THIS AGREEMENT. BY USING THE SERVICES OR BY INDICATING YOUR ASSENT TO THIS AGREEMENT BY REGISTERING YOUR ACCOUNT, CLICKING “I ACCEPT” OR ANY SIMILAR MECHANISM, YOU ARE CONSENTING TO BE BOUND BY THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR USE THE SERVICE OR REGISTER AN ACCOUNT.
If you access or use the Service or register an Account on behalf of a company, principal, or other entity, you represent that you have authority to bind such entity and its affiliates to this Agreement and that it is fully binding on them. In such case, the term “you,” as used in this Agreement, will refer to such entity and its affiliates. If you do not have authority, you may not access or use the Service. Be advised that this Agreement contains disclaimers of warranties and limitations on liability that may be applicable to you.
- Free Trial. Certain portions of the Services and Content are provided on a paid subscription basis. In order to access those portions of the Services, you must either elect (an “Subscription Election”) to receive a Monthly Paid Subscription (as defined herein) or an Annual Paid Subscription (as defined herein)(together with a Monthly Paid Subscription, the “Paid Subscriptions”). Except as prohibited under applicable law, all Fees will be non-refundable once paid to TV Plantation (including upon any termination or suspension of this Agreement). When you elect to receive a Paid Subscription, under certain conditions you may automatically receive a free trial subscription to the Services (“Trial Subscription”). During the Trial Subscription, you may access the Services, without any obligation to pay Fees (as defined herein). The Trial Subscription period will begin when you elect to receive a Paid Subscription which will automatically renew on a month-to-month or annual basis to the paid subscription rates for monthly or annual subscription at the expiration of the stipulated period after your Subscription Election (“Trial Period”) ends. Unless it is cancelled or changed by you prior to the expiration of the Trial Period (“Trial Termination Notice”), in accordance with these Terms of Service. You can choose to cancel prior to the expiration of the Trial Subscription period by visiting TV Plantation account and choosing to cancel online at any time or by contacting TV Plantation through website email form/phone support (when available) and requesting cancellation of the account. Cancellation requests are not accepted via mail, social media, app reviews, etc. If you provide TV Plantation your Trial Termination Notice prior to the expiration of the Trial Period, your access to the Services may be terminated at that time or at any point between the date of your Trial Termination Notice and expiration of the Trial Period. If you notify TV Plantation that you wish to receive a different Paid Subscription to the Services prior to the expiration of the Trial Period, your access to TV Plantation will automatically convert to such a Paid Subscription at that time or at the expiration of the Trial Period. You may only receive one Trial Subscription. Without limitation, any attempt by You to receive more than one Trial Subscription, such as by creating alternate accounts, will be considered a material breach of this Agreement.
- Monthly Subscription. You may elect to receive a monthly, prepaid subscription to the Services (“Monthly Paid Subscription”). Monthly prepaid Subscriptions will automatically renew for subsequent additional one-month period unless you choose to cancel prior to the expiration of the then-current subscription term by visiting TV Plantation account and choosing to cancel online at any time or by contacting TV Plantation through website email form/phone support (when available) and requesting cancellation of the account. Cancellation requests are not accepted via mail, social media, email, Contact Us form, app reviews, etc. Because charges are prepaid each billing period, when you cancel your subscription, your subscription will continue through the end of the then-current billing period, in accordance with these Terms of Service.
- 3 Months; 6 Months; and Annual Subscription. You may also elect to receive a 3 Months; 6 Months; or Annual prepaid subscription to the Services (“3 Months; 6 Months; or Annual Paid Subscription”). The Subscriptions will automatically renew for subsequent additional paid period subscribed, unless you choose to cancel prior to the expiration of the then-current subscription plan term by visiting TV Plantation and choosing to cancel online at any time or by contacting TV Plantation through website/phone support (when available) and requesting cancellation of the account. Cancellation requests are not accepted via mail, social media, app reviews, etc. Because charges are prepaid each billing period, when you cancel your subscription, your subscription will continue through the end of the then-current billing period, in accordance with these Terms of Service.
- Packages of Subscription. TV Plantation may offer a number of different packages of subscription, including special promotional packages, each governed by any supplemental Promotional Terms provided at the time of your first access or use of such Subscriptions. Some promotional packages may be offered by third parties in conjunction with the provision of their own products and services. TV Plantation is not responsible for the products and services provided by such third parties. TV Plantation reserves the right to modify, terminate, or otherwise amend the subscriptions offered, and the contents of the packages and levels thereof.
- Minimum Requirements. TV Plantation reserves the right to require and/or change minimum programming package requirements, from time to time and at any time, in its sole and absolute discretion. For example, TV Plantation may require a minimum commitment term, or TV Plantation may require you to subscribe to a minimum level or package of a subscription in order to view certain content or obtain access to purchase additional levels or packages of a subscription. In order to purchase certain packages, you may be required to first subscribe to a subscription for a set term (e.g., a year-long subscription).
- Promotional Offers. You may initially accept a promotional offer for a certain subscription package that later becomes unavailable. Promotional offers do not automatically renew and may not be available at the end of, or during, the applicable promotional period, and following the completion of any such promotion, the subscription will automatically renew on a month-to-month or annual basis at the then-current standard rates for monthly or annual access to the same subscription, unless and until they are cancelled or changed by you or TV Plantation, in accordance with this Agreement.
- Only One Promotion per Account Owner. Promotional offers may not be combined with other promotional offers associated with any account that you own, unless otherwise expressly permitted in the applicable Promotional Terms. TV Plantation reserves the right, in its sole and absolute discretion, to determine your eligibility for any promotional offer pursuant to the applicable Promotional Terms. TV Plantation reserves the right to change, amend and alter then-current promotional offers or Promotional Terms as well as institute new promotional offers, from time to time and at any time, in its sole and absolute discretion. TV Plantation does not guarantee that any promotional offers are or will be available to you at all, or in connection with any subscriptions desired by you..
- Content Access Through Accounts. Subject to the terms of this Agreement, You may be permitted to access certain Content and other Services through the Platform without establishing an account on the TV Plantation Platform (an “Account”). However, access to the TV Plantation Platform generally requires that You register as a User of the Platform and establish an Account. Approval of Your request to establish and maintain any Account will be at the sole discretion of TV Plantation, Inc.
- Administrator Accounts. Your Account and the User identification and password for Your Account (Your “Account ID”) is personal in nature. Your Account is for Your personal use and Your User Account ID may be used only by You alone. You may not distribute or transfer Your Account or Account ID or provide a third party with the right to access your Account or Account ID. You are solely responsible for all use of the Platform and all Content and Services through Your Account. You will ensure the security and confidentiality of Your Account ID and will notify TV Plantation immediately if Your Account ID is lost, stolen or otherwise compromised. You are fully responsible for all liabilities and damages incurred through the use of Your Account or under Your Account ID (whether lawful or unlawful) and any transactions completed through Your Account or under User Account ID will be deemed to have been lawfully completed by You.
- Account Information. In connection with establishing Your Account, You will be asked to submit certain information about Yourself (“Account Information”). You agree that: (a) all Account Information You provide will be accurate, complete and current; and (b) You will maintain and promptly update Your Account Information to keep it accurate, complete and current. You may not: (i) select or use an Account ID of another person with the intent to impersonate that person; and (ii) use an Account ID that TV Plantation, in its sole discretion, deems offensive. You are solely responsible for confirming the set-up and configuration of Your Account in all respects and for making all changes and updates thereto through this Agreement.
- To the TV Plantation Platform. You may access the Platform through the TVPlantation.com website and the other websites TV Plantation may provide or operate for accessing the Platform (each a “Site”) or using web services, mobile, online and other applications and video players provided and operated by TV Plantation for accessing the Platform (each, an “Application,” and each Site and Application included in the TV Plantation Platform for purposes of this Agreement). Subject to Your compliance with this Agreement, TV Plantation will permit You to access and use the Platform solely for your own lawful, personal, non-commercial uses and solely in accordance with the terms of this Agreement.
- To Applications. Subject to Your compliance with this Agreement, including, without limitation, the restrictions in this Section 7, and any other terms and conditions accompanying each Application, TV Plantation will permit You to download and install Applications and operate those Applications solely for the purpose of using and accessing the TV Plantation Platform for your own lawful, personal, non-commercial use. You may install each Application only on devices or equipment owned or controlled by You and used only for Your own personal and non-commercial purposes in accordance with this Agreement and any applicable terms and conditions accompanying that Application or otherwise provided to You by TV Plantation. Except as expressly set forth in this Section, You are granted no licenses or other rights in or to any Application.
- To Content. The TV Plantation Platform will provide You with the ability to access to a variety of Content, including, video, audio, text, photographs, illustrations, graphics, and other data, information and content. Unless otherwise noted on the Platform, all Content available through the TV Plantation Platform (“Platform Content”) is owned by TV Plantation, Inc., and TV Plantation’s third party licensors and providers. All Platform Content is provided for entertainment purposes only and You are solely responsible for verifying the accuracy, completeness and applicability of all Platform Content and for Your use of any Platform Content. Subject to Your compliance with this Agreement, You may access the TV Plantation Platform Content solely for Your own lawful, personal, non-commercial purposes in connection with Your use of the Platform. You will not, and will not permit any third party to: (a) alter, modify, reproduce, or create derivative works of any Platform Content; (b) distribute, sell, resell, lend, loan, lease, license, sublicense or transfer any Platform Content; or (c) alter, obscure or remove any copyright, trademark or any other notices that are provided on or in connection with any Platform Content. TV Plantation has not verified the accuracy of, and will not be responsible for any errors or omissions in, any TV Plantation Platform Content. Without limiting the foregoing, TV Plantation, Inc., will not be held liable to You or any other third party for any Content, including Your Content (as defined below), under a Federal Law called the Communications Decency Act or CDA, 47 U.S.C. § 230. Except as set forth in this Agreement, You are granted no licenses or other rights in or to TV Plantation Content, or any IPR (as defined below) therein or related thereto. If You would like to use TV Plantation Content in a manner not permitted by this Agreement, please contact TV Plantation, Inc.
- Equipment and Connectivity. You are solely responsible for obtaining and maintaining all equipment, smart TV, mobile devices, facilities, and internet connectivity required to access or use the TV Plantation Platform, Services, Applications and Platform Content provided through them. In order to access and use TV Plantation Platform, Services, Applications and Platform Content, you must have a broadband, wireless or similar internet connection, and you will need to obtain such internet connection (including sufficient levels and required equipment related thereto) from a third-party internet or similar wireless service provider at your sole cost and expense (“Internet Connectivity”). TV Plantation makes no representations or warranties about the speed or quality of your watching experience on your or any device, as that will depend on factors outside of TV Plantation’s control, such as your location, your Internet Connectivity, the available bandwidth at the time of your request, the format of our Content you are attempting to access, the device(s) you use to access the Platform and Services. TV Plantation also reserves the right change the format of the Platform Content based on the specifications of your Internet Connectivity (e.g., if your Internet Connection or device do not meet our required standards for accessing and viewing high-definition (“HD”) content, then any HD content accessed by you may be automatically re-formatted by us in an attempt to improve your experience).
- Devices. You must only use devices permitted (“Permitted Devices”) for use with the Platform, Applications, Services and Platform Content. For a current list of such devices please visit and review the devices listed at: TV Plantation website. You can access the TV Plantation Platform and Platform Content through different Permitted Devices, provided that you will only be to access the Platform and Platform Content through your account on one Permitted Device at a given time. We are not responsible for any issues relating to your device, its operating system or connectivity.
- Bitrate Streaming. The TV Plantation Platform may use adaptive bitrate streaming (“ABS”), which creates multiple versions of each program, recorded at different bitrates, to optimize playback of the applicable audiovisual content at any given time based upon the capabilities of the applicable playback device and available internet bandwidth. If you choose to use the Cloud DVR, you are directing that playback be provided using ABS.
- Other Restrictions. You may not use the Services to, or assist or encourage any other party to, engage in any of the following activities: (a) copying, framing or mirroring any part of the Services; Accessing the Service for purposes of monitoring its availability, performance or functionality; (b) permitting any third party to access the Services; (c) using, copying, modifying, creating a derivative work of, reverse engineering, decompiling or otherwise attempting to extract the source code of the software underlying the Services or any part thereof, unless expressly permitted or required by law, and in any case, without providing prior written notice to TV Plantation; (d) publishing, transmitting, distributing or storing content, material, information or data that: (i) is illegal, obscene, defamatory, threatening, harassing, abusive, or hateful or that advocates violence; (ii) is harmful to or interferes with the Services or any third party’s networks, equipment, applications, services or websites (e.g., viruses, worms, Trojan horses, etc.); (iii) infringes, dilutes, misappropriates or otherwise violates any privacy, intellectual property, publicity or other personal rights including, without limitation, copyrights, patents, trademarks, trade secrets or other proprietary information (including unauthorized use of domain names); or (iv) is fraudulent or contains false, deceptive or misleading statements, claims or representations (such as “phishing”); (e) attempting to disrupt, degrade, impair or violate the integrity or security of the Services or the computers, services, Accounts or networks of any other party (including, without limitation, “hacking,” “denial of service” attacks, etc.), including any activity that typically precedes attempts to breach security such as scanning, probing or other testing or vulnerability assessment activity, or engaging in or permitting any network or hosting activity that results in the blacklisting or other blockage of TV Plantation internet protocol space; (f) avoiding payment of incurring charges or fees payable by you with respect to the Services; (g) distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (h) using any automated system, including, without limitation, “robots,” “spiders,” “offline readers,” etc., to access the Services in a manner that sends more request messages to TV Plantation than a human can reasonably produce in the same period of time by using a conventional web browser ; (i) taking any action that imposes, or may impose, at our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (j) collecting or harvesting any personally identifiable information, including Account names and information about users of the Services, from the Services; (k) using the Services for any commercial solicitation purposes; (l) accessing any Content on the Services through any technology or means other than those provided or authorized by the Services; (m) bypassing the measures we may use to prevent or restrict access to the Services, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein; (o) violating any applicable law, statute, ordinance or regulation, or encouraging any conduct that could constitute a criminal offense or give rise to civil liability; (p) removing any copyright, trademark or other proprietary rights notices contained in or on the Services; (q) executing any form of network monitoring or running a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Service’s servers or any data not intended for you; or (r) rebroadcast, retransmit or otherwise publicly perform, transmit or distribute any portion of the Services (including the trademarks of any content providers) or any account of any Content provided to You in accordance therewith.
- Termination. This Agreement may be terminated by TV Plantation, Ins., at any time, in TV Plantation’s sole discretion: (a) immediately upon any breach by You of this Agreement, including a failure to pay any required Fees, with or without notice to You of such breach; or (b) at any time during any Trial Subscription, for any reason or no reason, upon notice to You. You may terminate this Agreement at any time upon notice to TV Plantation or by deleting Your Account as may be permitted through the TV Plantation Platform.
- Effect. Termination of this Agreement will terminate all of Your Accounts on the TV Plantation Platform (whether a Trial Subscription, Monthly, 3 Months, 6 Months, Paid Subscription or Annual Paid Subscription). Upon termination or expiration of this Agreement for any reason: (a) TV Plantation may terminate all access to or use of Your Accounts; (b) all rights and subscriptions granted to You under this Agreement will terminate; (c) You will immediately cease all use of and access to the TV Plantation Platform and all Content and Services; (d) You will immediately delete any Applications You have downloaded or installed prior to termination; (e) all Fees then owed by You (including, for Annual Paid Subscriptions, any Fees applicable to the remaining subscription term) will become immediately due and payable; and (f) You will immediately either return to TV Plantation or, at TV Plantation’s discretion, destroy any Content of TV Plantation and any other information related to this Agreement in Your possession or control.
- No Endorsement. All Content made available to You through the TV Plantation Platform is for ENTERTAINMENT purposes only. Neither TV Plantation, Inc., nor any LICENSOR OR PROVIDER OF TV PLANTATION, INC., recommends or endorses any content or any specific products, SERVICES, procedures, opinions or RECOMMENDATIONS that may be included on the TV Plantation Platform OR IN ANY CONTENT. Your reliance on any Content appearing on the Platform is solely at your own risk.
- No Additional Warranties. THE TV PLANTATION PLATFORM AND ALL CONTENT and SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TV Plantation and its providers do not warrant or guarantee the accuracy, completeness, adequacy or currency of THE PLATFORM OR any Content or services and do not endorse the views or opinions that may be expressed in the TV PLANTATION PLATFORM Content or other data, information OR CONTENT THAT MAY BE provided through the PLATFORM. TV PLANTATION AND ITS providers EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO the PLATFORM, CONTENT, SERVICES and other SUBJECT MATTER OF THIS AGREEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, title or non-infringement. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TV PLANTATION, INC., ITS EMPLOYEES, PROVIDERS OR AGENTS WILL INCREASE THE SCOPE OF, OR CREATE ANY NEW WARRANTIES IN ADDITION TO, THE WARRANTIES expressly SET FORTH IN THIS SECTION.
Claims of Infringement. TV Plantation respects Your copyrights and other intellectual property rights and those of other third parties. If You believe in good faith that Your copyrighted work has been reproduced on the Platform without Your authorization in a way that constitutes copyright infringement, You may notify our designated copyright agent by mail to:
- TV Plantation, Inc.
Please provide the following information to TV Plantation’s Copyright Infringement Agent: (1) the identity of the infringed work, and of the allegedly infringing work; (2) Your name, address, daytime phone number, and email address, if available; (3) a statement that You have a good-faith belief that the use of the copyrighted work is not authorized by the owner, his or her agent, or the law; (4) 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; and (5) Your electronic or physical signature. Please be advised that TV Plantation will not respond to complaints that do not meet these requirements. If TV Plantation determines that the materials alleged to infringe your copyright or trademark rights do not require removal, TV Plantation will remove those materials only pursuant to a court order declaring the content or use of the materials unlawful.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. Counter-notices must include the following information: (a) your name, address, and telephone number; (b) the source of the content that was removed; (c) a statement under penalty of perjury that you have a good-faith belief that the content was removed in error; (d) a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located; or, if your address is outside of the United States, for any judicial district in which TV Plantation may be found, and that you will accept service of process from the person who provided the original complaint; and (e) a physical or electronic signature (for example, typing your full name).
Notices and counter-notices with respect to the Services must meet the then-current statutory requirements imposed by the Digital Millennium Copyright Act (“DMCA”) (see http://copyright.gov/title17/92appb.html) and should be sent to the agent identified above. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
Last Updated: March, 12 th, 2020