Terms of Service

Terms of Use

We offer a streaming video on demand service known as Mr. Phil TV.  These Terms of Use govern your use of our streaming video on demand service, including all features and functionalities, user interfaces, website, software, and content (collectively, the “Service”).  By using the Service, you agree to be legally-bound by these Terms of Use.  

We reserve the right to modify these Terms of Service at any time.  If we make material changes to these Terms of Service we will communicate that a change has been made to the policy in a reasonable manner that may include posting a notice on our web page, blog, specific announcement on this page, and/or posting the new Terms of Service here.  Any modifications to these Terms of Service will be effective upon our posting of the new terms.  In all cases, your continued use of the Service after the posting of any modified Terms of Service indicates your acceptance of the terms of the modified Terms of Service.

Any personally identifiable information you provide to us will be subject our Privacy Policy, the terms of which are incorporated into these Terms of Use by reference.  Please review our Privacy Statement to understand our practices. 

1. 1.  Subscription.  Your subscription to the Service will continue and automatically renew until terminated. To use the Service, you must have Internet access, a device capable of accessing the Service, and a valid credit card accepted by us or PayPal account (“Payment Method”).  You must cancel your subscription before it renews in order to avoid billing of fees for the next billing cycle to your Payment Method (see "Cancellation" below). 
   
   
2. 2.  Free Trials.  Your use of the Service may start with a free trial. The duration of the free trial period will be specified during sign-up and is intended to allow new users to try the Service.  Free trial eligibility is determined by us in our sole discretion and we may limit eligibility or duration to prevent free trial abuse. We reserve the right to revoke the free trial and put your account on hold in the event that we determine that you are not eligible.  We will charge the subscription fee for your next billing cycle to your Payment Method at the end of the free trial period and your account will automatically renew unless you cancel your subscription prior to the end of the free trial period. 

1. 3.     Billing and Cancellation.  The subscription fee for the Service any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your Payment Method on the specific billing date selected.  The length of your billing cycle will depend on the type of subscription that you choose when you sign-up for the Service. Account fees are fully earned upon payment. In some cases your payment date may change, for example if your Payment Method has not successfully settled or if your paid membership began on a day not contained in a given month. We may authorize your Payment Method in anticipation of subscription fees, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period. 
   
   To use the Service, you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your subscription, we may suspend your access to the Service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details. 
   
   You can cancel your subscription to the Service at any time, and you will continue to have access to the Service through the end of your billing period. If you cancel your subscription, your account will automatically close at the end of your current billing period.. 
   
   We reserve the right to change our subscription plans or adjust pricing for our Service in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes or changes to your subscription plan will take effect following notice to you. 
   
   Payments are nonrefundable and there are no refunds or credits for partially used periods. Following any cancellation, however, you will continue to have access to the Service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our subscribers. The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. 

1. 4.     The Service.  You must be 18 years of age, or the age of majority in your province, territory or country, to subscribe to the Service. Individuals under the age of 18, or applicable age of majority, may use the Service only with the involvement of a parent or legal guardian, under such person's account and otherwise subject to these Terms of Use.
   
   The Service and any content viewed through the Service are for your personal and non-commercial use only and may not be shared with individuals beyond your household. We grant you a limited, non-exclusive, non-transferable right to access the Service and view content through the Service. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use the Service for public performances.  Public performances include, but are not limited to, playing content from the Service to any public gathering, authorizing individuals from outside of the Account Owner’s household to access the Service, or posting content from the Service to any other website or online service.  For the avoidance of doubt, playing the content for a Sunday School class, small group study, child care or nursery group, or providing content from the Service to other similar church settings is considered a public performance.  Licensing restrictions prevent us from providing certain content through the Service in those settings.  To purchase content for use in those settings, please contact: [name and contact information]  
   
   Some content on the Service is available for temporary download and offline viewing on certain supported devices ("Offline Titles"). Limitations apply, including restrictions on the number of Offline Titles per account, the maximum number of devices that can contain Offline Titles, the time period within which you will need to begin viewing Offline Titles and how long the Offline Titles will remain accessible. 

      You agree to use the Service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the Service or content therein. Except as explicitly authorized in these Terms of Use, you agree not to archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the Service. You also agree not to circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Service; use any robot, spider, scraper or other automated means to access the Service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Service; insert any code or product or manipulate the content of the Service in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Service, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of the Service if you violate these Terms of Use or are engaged in illegal or fraudulent use of the Service. 

The quality of the display of content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. We make no representations or warranties about the quality of your viewing experience on your display. The time it takes to begin watching content will vary based on a number of factors, including your location, available bandwidth at the time, the content you have selected and the configuration of your viewing device. 

Software associated with the Service may solely be used for authorized streaming and viewing of content from the Service. Software may vary by device and medium, and functionalities may also differ between devices. By using the Service, you agree to receive, without further notice or prompting, updated versions of our software. If you do not accept the foregoing terms, do not use the Service. 

By using the Service, you agree to look solely to the entity that manufactured and/or sold you the device you are using to access the Service for any issues related to the device and its compatibility with the Service. We do not take responsibility or otherwise warrant the performance of any devices, including the continued compatibility with the Service. If your device is sold, lost or stolen, please deactivate the device’s ability to access the Service.  If you fail to log out or deactivate your device, subsequent users may access the Service through your account and may be able to access certain of your account information. 

1. 5.     Content You Post to the Service.  You are responsible for all comments and other content you post through the Service.  Unless otherwise indicated in the Service, we have no obligation to monitor or control any comments or content that is or becomes available through the Service.  We reserve the right to review any comments or content that is or becomes available through the Service.  We reserve the right, but have no obligation, to refuse to post or to remove any comments or content that are, in our sole discretion, unacceptable, undesirable or in violation of these Terms of Use. 

We may terminate access to commenting or other interactive features of the Service for subscribers who are found repeatedly to provide or post protected material without necessary rights and permissions or material that is unacceptable, undesirable or in violation of these Terms of Use.

By submitting comments or content to us, you grant us a perpetual, sublicensable, non-exclusive, royalty-free, worldwide license to use, transmit, copy and display such comments or content in any and all media now know or hereinafter devised and represent that you have all necessary rights in such content to grant such license to us. 

1. 6.     Passwords and Account Access. The individual who created the account for accessing the Service and whose Payment Method is charged (the "Account Owner") has access and control over the account and the devices that are used to access the Service and is responsible for any activity that occurs through the account. To maintain control over the account and prevent anyone from accessing the account, the Account Owner should maintain control over the devices that are used to access the Service and not reveal the password or details of the Payment Method associated to the account to anyone. The Account Owner is responsible for any activity taking place through the account cause by any individual allowed to access the account by the Account Owner.  You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you or us from identity theft or other fraudulent activity. We are not obligated to credit or discount a subscription fee for holds placed on the account.

1. 7.     Intellectual Property.  The Service, including all content provided through the Service, is protected by United States and international copyright, trade secret or other intellectual property laws and treaties. 

All trademarks used on or in connection with the Service, including but not limited to “Mr. Phil Show,” are owned exclusively by Phil Vischer IP, LLC.  Your use of the Service does not grant you any right to use any trademarks used or displayed on or in connection with the Service.  

If you are a copyright owner or an agent thereof and believe that any content on the Service, subscriber comment or submission or other content infringes upon your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing us with the following information in writing (see 17 U.S.C. § 51 2(c)(3) for further details:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed;
3. 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;
4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address;
5. 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 owner, its agent or the law; and
6. 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.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details.

Notices and counter-notices with respect to the Services should be sent to:
[name and contact information] 

1. 8.     Disclaimers of Warranties and Limitations on Liability.  THE SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. WE SPECIFICALLY DISCLAIM LIABILITY FOR THE USE OF APPLICATIONS, DEVICES, AND SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE). 
   
   TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL WE OR ANY OF OUR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER. 
   
   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. 
   
   NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. 

1. 9.     Arbitration Agreement.  If you are a subscriber in the United States (including its possessions and territories), you agree that any dispute, claim or controversy arising out of or relating in any way to the Service, these Terms of Use and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award and nothing in this Arbitration Agreement shall be interpreted as limiting any non-waivable statutory rights. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you are waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your subscription. 
   
   The arbitration will be governed by the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Any arbitration hearings will take place in DuPage County, Illinois.  The arbitrator's award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator's award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator's application or conclusions of law. 
   
   YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both parties agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. 

1. 10.  Miscellaneous
   
   These Terms of Use shall be governed by and construed in accordance with the laws of the State of Illinois, U.S.A. without regard to conflict of laws provisions. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your state of residence. 
   
   We do not accept unsolicited materials or ideas for content, and are not responsible for the similarity of any content or programming in any media to materials or ideas transmitted to us. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against us regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent. 
   
   We are free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback") worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Service. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law. 
   
   If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect. 
   
   We may, from time to time, change these Terms of Use. Such revisions shall be effective immediately; provided however, for existing subscribers, such revisions shall, unless otherwise stated, be effective 30 days after posting. We may assign our agreement with you to any affiliated company or to any entity that succeeds to all or substantially all of our business or assets related to the applicable the Service. 
   
   We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.