Last Updated: January 28, 2021
INTRODUCTION AND ACCEPTANCE OF TERMS
1. DESCRIPTION OF SERVICE
- ODL provides an online video service comprised of television shows, video clips, text, graphics, logos, photographs, audio works, video works, artwork, and other content (collectively, “ODL Content”) available on the www.ondemandlatino.com website and corresponding web pages (collectively, the “Sites”) and ondemandlatino mobile and television applications (collectively, the “Apps”). Our video service, including the ODL Content and the ODL video player (the “ODL Video Player”), and any other features, applications, materials or other services offered from time to time by ODL in connection with its business on any of the Sites or Apps are referred to collectively as the “ODL Services.”
2. ACCESS AND USE OF THE ONDEMANDLATINO SERVICES
- The ODL Content:
- You may view the ODL Content only for your own personal, non-commercial use;
- You must not alter or remove any copyright and any other markings, titles, legends or proprietary notices in existence on the ODL Content;
- ODL is not a producer (primary or secondary) of any sexually explicit photo and video content available on the ODL Services. With respect to such content, ODL believes that all visual depictions of such content do not include any person under the age of 18 years of age when such depiction was created. All records, if required, as per 18 USC 2257, for any and all content found on the ODL Services, should be sought from the producer of the specific content.
- The ODL Video Player:
- You must not modify, enhance, or otherwise alter in any way any portion of the ODL Video Player or its underlying technology. This restriction includes disabling any encryption technology or firewalls, or otherwise modifying the ODL Video Player in a manner that enables users to view the ODL Content without using the ODL Video Player.
- Where ODL has incorporated an embed option in connection with ODL Content on the ODL Services, you may embed videos using the ODL Video Player, provided that you do not embed the ODL Video Player on any website or other location that contains content that is unlawful, infringing, pornographic, obscene, defamatory, libelous, threatening, harassing, vulgar, indecent, profane, hateful, racially or ethnically offensive, encourages criminal conduct, gives rise to civil liability, violates any law, rule or regulation, infringes any right of any third party including intellectual property rights, or is otherwise offensive. You may not embed the ODL Video Player into any hardware or software application. ODL reserves the right to prevent embedding to any website or other location that ODL finds inappropriate or objectionable (as determined by ODL in its sole discretion).
- You agree not to directly or indirectly use the ODL Services in any manner that:
- violates the rights of others including patent, trademark, trade secret, copyright, privacy, publicity or contract;
- uses technology or other means to access the ODL Services that is not authorized by ODL (including disabling or circumventing any mechanisms for preventing the unauthorized, access, use, reproduction or distribution of the ODL Services);
- accesses the ODL Services through any automated system, including “robots,” “spiders,” or “offline readers” (other than public search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices - but not caches or archives - of the ODL Services);
- attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- attempts to damage, disable, overburden, impair, or gain unauthorized access to the ODL servers, computer network, or user accounts;
- encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
- harvests information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications;
- involves the use of data mining, robots or similar data gathering and extraction tools;
- interferes with any other party’s use and enjoyment of the ODL Services.
- Suspension/Discontinuation: ODL reserve the right in our sole and absolute discretion to change, suspend or discontinue - temporarily or permanently - some or all of the ODL Services, at any time without notice. ODL will not be liable to you for any such modification, suspension or discontinuance of the ODL Services.
- You agree not to directly or indirectly use the ODL Services in any manner that:
3. PAYMENTS, PREMIUM MEMBERSHIP, RENTAL CONTENT, BILLING, AND REFUND POLICY
- You may view certain ODL Content on the ODL Services for free. ODL also offers a paid membership, which allows subscribers to avoid seeing ads while watching certain ODL Content, in exchange for payment of a periodic subscription fee (“Paid Membership”). Certain ODL Content is made available on a transactional rental basis, where a user may view specific ODL Content over a limited period of time in exchange for payment of a one-time fee (“Rental Content”). In all cases, you are responsible for any costs you incur to access the internet and send or receive data.
- Paid Memberships are billed in advance of each membership period. There may be additional charges due to variations in state and local sales tax rates throughout different jurisdictions and purchases made through iTunes and Google Play, etc. Some jurisdictions charge sales tax, some do not. If you do not change or cancel before the end of your paid membership period, it will automatically renew for the same duration and Paid Membership price that is offered at the time of the renewal. ODL may modify, terminate, or otherwise amend all Paid Membership plans upon thirty (30) days’ notice to you. Such notice may be provided at any time by posting the changes to ODL or via email.
- Free Trials:
- The payment information provided during sign-up will be automatically charged the Paid Membership when your free trial ends. You will be notified via email 15 days prior to the trial end date. For free trials that are 15 days or less, the email you have received at the time of sign-up will include the trial end date and the Paid Membership amount. Please cancel your membership prior to the trial end date if you do not want to be charged the Paid Membership amount. If you would like to cancel your membership, you can do so in the “Accounts” page of our website or call our Customer Support line.
- When the Free Trial converts to Paid Membership through the auto renewal, you will be notified through email (and/or other methods) with an acknowledgement of the auto renewal, cancellation policy and information regarding how to cancel.
- Free trial eligibility is determined at OnDemandLatino’s sole discretion and we may choose to limit the eligibility or its duration in order to prevent free trial abuse. We reserve the right to revoke the free trial at any time and may use information such as your email address or payment method in order to determine the free trial eligibility. For combinations with other offers, restrictions may apply.
- You may cancel the Paid Membership by logging into your Account page on www.OnDemandLatino.com webpage. First log on to your account and click on “Account” button located on top right corner of the webpage. In the middle of the page, locate “Order History” section and click on “Cancel Membership”. Follow through the instructions to your membership cancellation. Upon completion, you will be notified through the email address that is saved on your account confirming your cancellation request.
- You may also cancel the Paid Membership by logging into www.OnDemandLatino.com website and click on “Contact Us” page that is located on the bottom of the page. You will be directly to Email Inquiry where you can request for Paid Membership cancellation in writing. Please allow 2 to 3 business days for ODL’s Customer Service to respond to your request.
- Your ODL membership is solely for your personal enjoyment and not to be shared with anyone else. ODL will allow simultaneous login of the same account up to 5 different devices.
- ODL will not be liable to you or to any third party for any modifications, price changes, or suspension or discontinuation of the ODL Services. Service fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment of all such taxes, levies, or duties.
- ODL reserves the right to terminate your account and/or use of the ODL Services for account sharing, resale, abuse, violations, or any other or no reason.
- If you have any questions about billing, please contact us at: ODL Media, Inc. 221 N. Harbor Blvd. Suite E., Fullerton, CA 92832 (714) 525-5520.
4. ACCOUNTS AND REGISTRATION
- ODL may from time to time offer various features that require registration or the creation of an account with the ODL Services. If at any time you choose to register or create an account with us, these additional terms and conditions also will apply.
- All registration information you submit must be accurate and updated. Please keep your password confidential. You will not have to reveal it to any representative of the ODL Services. You are responsible for all use on your account, including unauthorized use by any third party. Therefore, it is critical that you do not share your password with anyone. Please notify us at [email protected] (subject line: “Account Security Breach”) as soon as you know of, or suspect any unauthorized use of, your account. Please also make sure to notify us if your registration information changes, in case ODL needs to contact you.
- ODL prohibits the use of Paid Membership accounts to be distributed to anyone outside the user’s primary household. This includes but not limited to sharing the Paid Membership user account’s login information with people outside of the user's primary household. The company reserves the right to suspend including termination of the account misappropriate use of the Paid Membership account.
5. COLLECTION AND USE OF PERSONAL INFORMATION
6. THIRD PARTY PLATFORMS, SERVICES AND ADVERTISING
- Advertisements: ODL is not responsible for advertisements or any third party material posted on the ODL Services, nor is it responsible for the products or services provided by such advertisers.
- ODL, the ODL logo, www.ondemandlatino.com, and other ODL marks, graphics, logos, scripts, and sounds are trademarks and property of ODL. None of the ODL trademarks may be copied, downloaded or otherwise exploited without ODL’s prior written consent.
8. UNSOLICITED SUBMISSIONS
- ODL does not knowingly accept unsolicited submissions including, scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas or concepts. ODL’s policy is to delete any such submission without reading it. Therefore, any similarity between an unsolicited submission and any elements in any ODL creative work, including a film, series, story, title, or concept, would be purely coincidental., series, story, title, or concept, would be purely coincidental.
9. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY
10. NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT
- If you believe that any ODL Content infringes your copyright, you should notify ODL in accordance with the procedure set forth below. A notification of claimed copyright infringement should be emailed to ODL’s Copyright Agent at [[email protected]] (subject line: “DMCA Takedown Request”), or mailed to ODL at [INSERT PHYSICAL MAILING ADDRESS], Attention: DMCA Copyright Agent. The notification must be in writing and contain the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the ODL Services that is reasonably sufficient to enable ODL to identify and locate the material; (d) how ODL can contact you, such as your address, telephone number, and email address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Emails sent to [[email protected]] for purposes other than communication about copyright infringement may not be answered. ODL has a policy of terminating infringers in appropriate circumstances.
- If your content was removed (or access thereto was disabled) and you believe that such content is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to applicable law, to make such content available to ODL for use on the ODL Services, you may send a counter-notice containing the following information to our designated agent:
- 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 designated agent, ODL 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 copyright 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 ODL’s sole discretion.
11. CUSTOMER SUPPORT.
- For assistance with technical issues or customer support inquiries, please send an email to [email protected]
12. GOVERNING LAW.
13. DISPUTES/ARBITRATION; CLASS ACTION WAIVER.
- If your claim is solely for monetary relief of $10,000 or less, and does not include a request for any type of equitable remedy, you may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing under the AAA Rules. If you can demonstrate that arbitration in California would create an undue burden to you, you may initiate the arbitration in the state in which you reside. Otherwise, the arbitration hearings will be held in Lose Angeles County, California. If you initiate the arbitration, ODL will reimburse you for your filing fee, unless your claim is for more than $10,000 or the arbitrator determines your claims are frivolous, in which event you are responsible for paying the filing fee.
- You may choose to pursue your claim in small claims court where jurisdiction and venue over ODL and you otherwise qualify for such small claims court and where your claim does not include a request for any type of equitable relief.
- If any clause within these arbitration provisions is found to be illegal or unenforceable, that specific clause will be severed from these arbitration provisions, and the remainder of the arbitration provisions will be given full force and effect. In the event some or all of these arbitration provisions are determined to be unenforceable for any reason, or if a claim, dispute or controversy is brought that is found by a court to be excluded from the scope of these arbitration provisions, ODL and you agree to waive, to the fullest extent allowed by law, any trial by jury.
- YOU AND ODL AGREE THAT THE RESOLUTION OF ANY DISPUTES, CLAIMS OR ACTIONS ARISING HEREUNDER, INCLUDING, WITHOUT LIMITATION, IN CONNECTION WITH ANY USE OF THE ODL SERVICES, SHALL BE CONDUCTED IN EACH OF YOUR AND ODL’S INDIVIDUAL CAPACITIES ONLY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION, AND YOU AND ODL EXPRESSLY WAIVE ANY RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS.
14. GENERAL INFORMATION
- International Use: The content that we make available on the ODL Services is limited by the rights that our content licensors grant to us. Using technologies to access the ODL Content from territories where ODL does not have rights is prohibited.
- Feedback: Any feedback that you provide to ODL relating to your use of the ODL Services, including suggestions, or identification of potential errors, improvements or modifications (collectively, “Feedback”) will be considered ODL’s intellectual property and owned solely by ODL.
- Export Controls: Software and the transmission of applicable technical data, if any, in connection with the ODL Services are subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.
- Content Ratings: ODL gathers maturity ratings based on country and region. The ratings are set by a standards organization that determines whether or not the material is appropriate for children. If a TV show, movie, or other piece of content has not been rated by a known standards organization, ODL will use its reasonable judgment to determine whether or not the material is appropriate, and assign a “G”, “PG”, “PG-13”, “R”, or “NR” rating.
- Rated Description
- G General Audiences, OK for Children
- PG Appropriate for Older Children, and Teens
- PG-13 The content may be inappropriate for children under 13
- R Restricted - under 17 requires accompanying parent or adult guardian
- NR Unrated or Not Rated - The content has not been officially reviewed by ODL or a standards organization.