Terms of Use

Last Updated: January 28, 2021




INTRODUCTION AND ACCEPTANCE OF TERMS


These Terms of Use specify the terms and conditions for access to and use of the ODL Services (as defined below), which are offered by ODL Media, Inc. and its affiliates (collectively, “ODL” and “ODL Services”). By using the ODL Services, you agree to be bound by and comply with these Terms of Use and the ODL Privacy Policy located at https://www.ondemandlatino.com/privacy-policy. Please review these Terms of Use carefully. If you do not agree to these Terms of Use, then you should not use the ODL Services.

 


CLASS ACTION WAIVER AND BINDING ARBITRATION NOTICE: BY AGREEING TO THESE TERMS OF USE, YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, AND AGREE TO SUBMIT TO BINDING ARBITRATION, AS FURTHER DETAILED IN SECTION 13 BELOW.

 


1. DESCRIPTION OF SERVICE


  1. 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.”


  1. ODL reserves the right to change these Terms of Use in ODL’s sole and absolute discretion. The most current version of these Terms of Use can be reviewed by clicking on the “Terms of Use” located at the bottom of the pages of the Sites or on the “Terms of Use” page of the Apps. The most current version of the Terms of Use will supersede all previous versions.


 


2. ACCESS AND USE OF THE ONDEMANDLATINO SERVICES


  1. Eligibility. You must be 18 years of age or older to subscribe to the Premium Membership (as defined below) aspect of the ODL Service and to rent Rental Content (as defined below) on the ODL Services. In certain jurisdictions, the age of majority may be older than 18, in which case, you must satisfy that age in order to subscribe to the Premium Membership and rent Rental Content. While individuals under the age of 18 may utilize the ODL Service, they may do so only with the involvement, supervision, and approval of a parent or legal guardian who agrees to be bound by these Terms of Use, [and in no event may any person under the age of 18 view any adult film or television content]. The ODL Services are not directed to children under the age of 13. The ODL Services are not offered to any persons barred from receiving them under the laws of the United States or any other applicable jurisdictions in which ODL makes the ODL Services available, and such persons are prohibited by these Terms of Use from using the ODL Services. 


BY DOWNLOADING, INSTALLING, OR OTHERWISE USING ODL SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE, HAVE NOT BEEN PROHIBITED FROM RECEIVING THE ODL SERVICES, AND, IF YOU ARE A PARENT OR LEGAL GUARDIAN OF A USER OF THE ODL SERVICES BETWEEN AGE 13 AND 18, YOU AGREE TO MONITOR SUCH MINOR’S USE OF THE ODL SERVICES AND ENSURE THEIR COMPLIANCE WITH THESE TERMS OF USE.


  1. License Grant: Subject to your compliance with these Terms of Use, including payment of any applicable fees for fee-based services, ODL hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal, non-commercial use of the ODL Services in accordance with the terms and conditions set forth in these Terms of Use. ODL owns and retains all rights to the ODL Services. The ODL Services are protected by intellectual property laws, including trademark, trade secret, copyright, and other laws. You may access the ODL Services only if you are located in the United States, Canada, Mexico, South America or any other territory in which ODL may make the ODL Services available in the future. The content that may be available to watch will vary by geographic location and will change from time to time.


  1. The ODL Content:


    1. You may view the ODL Content only for your own personal, non-commercial use;
    2. You must not alter or remove any copyright and any other markings, titles, legends or proprietary notices in existence on the ODL Content;
    3. The ODL Content provided to users as part of the ODL Services is owned by ODL and/or its licensors. Except as expressly permitted by these Terms of Use, any other reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying, translation, broadcast, distribution, download, stream, performance, display, sale, or transmission of the ODL Content is strictly prohibited.
    4. Except as expressly permitted by these Terms of Use, You are strictly prohibited from creating derivative works, or electronic, or physical materials that are derived in whole or in part from the ODL Content, including montages, mash-ups, videos, samplings, wallpaper, desktop themes, greeting cards, and merchandise.
    5. 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.


  1. The ODL Video Player:


    1. 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.
    2. 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).


  1. Restrictions:
    1. You agree not to directly or indirectly use the ODL Services in any manner that:
      1. violates the rights of others including patent, trademark, trade secret, copyright, privacy, publicity or contract;
      2. 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);
      3. 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);
      4. 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;
      5. attempts to damage, disable, overburden, impair, or gain unauthorized access to the ODL servers, computer network, or user accounts;
      6. attempts to collect personally identifiable information in violation of ODL’s Privacy Policy;
      7. encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
      8. harvests information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications;
      9. involves the use of data mining, robots or similar data gathering and extraction tools;
      10. interferes with any other party’s use and enjoyment of the ODL Services.
      11. Additional Terms: In order to participate in certain ODL Services, you may be notified that it is necessary to download software or other materials or agree to additional terms and conditions. Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into these Terms of Use.
      12. 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.


3. PAYMENTS, PREMIUM MEMBERSHIP, RENTAL CONTENT, BILLING, AND REFUND POLICY


  1. 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.


  1. 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.


  1. Free Trials:
    1. Your OnDemandLatino membership may start with a free trial. The duration of the free trial period of your membership will be indicated during sign-up and is intended to allow only the new members to try our PREMIUM service before making a transaction. You will be required to input your payment information at time of sign-up but be assured, you will not be charged for the Paid Membership until your free trial ends. Prior to engaging in a Free Trial service, you will be able to review the Terms of Use which outlines information regarding the auto-renewal, cancellation policy and information regarding how to cancel. 
    2. 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.
    3. 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.
    4. 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.


  1. Cancellation:
    1. 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.
    2. 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.


  1. 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.


  1. ODL will not issue refunds or credits for periods of inactivity within an open account, service outages, or partially used periods. At any time, and for any reason, ODL may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. Please note that, for Rental Content, you cannot cancel a rental transaction after clicking “Order” on the ODL Services. ODL reserves the right, with or without prior notice, for any or no reason, to change service or content descriptions, images, and references; to impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; and to bar any user from conducting any or all transaction(s). Further, if ODL terminates your use of or registration to the ODL Services because you have breached these Terms of Use, you shall not be entitled to a refund of any unused portion of any fees, payments or other consideration or rental fees or other amounts paid by you with respect to any Rental Content.


  1. 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.


  1. 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.


  1. 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


  1. 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.


  1. 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.


  1. 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


  1. For information about ODL’s policies and practices regarding the collection and use of your personally identifiable information, please read ODL’s Privacy Policy located at //www.ondemandlatino.com/privacy-policy. The Privacy Policy is incorporated by reference and made part of this Terms of Use. Thus, by agreeing to this Terms of Use, you agree that your use of the ODL Services are governed by the ODL Privacy Policy in effect at the time of your use.


 

6. THIRD PARTY PLATFORMS, SERVICES AND ADVERTISING


  1. Third Party Websites: The appearance, availability, or your use of (a) URLs or hyperlinks referenced or included anywhere in connection with the ODL Services or any other form of link or re-direction of your connection to, with or through the ODL Services, or (b) any third party websites, content, data, information, applications, platforms, goods, services or materials (collectively, “Third Party Services”) does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of ODL or its successors and assigns, directors, officers, employees, representatives, agents, licensors, advertisers, suppliers, partners or service providers. ODL does not verify, endorse, or have any responsibility for Third Party Services and any third party business practices (including, without limitation, their privacy policies), regardless of whether the ODL Services’ or ODL’s logos, marks, names and/or sponsorship or other identification is on the Third Party Services. If any Third Party Services you interact with obtains or collects personal information from you, in no event shall we assume or have any responsibility or liability in connection for any use, collection or disclosure by or in connection with such Third Party Services. Accordingly, we encourage you to be aware when you leave the ODL Services and to read the terms and conditions and privacy policy of each Third Party Service you use.


  1. 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.


 


7. TRADEMARKS


  1. 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


  1. 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


  1. YOU AGREE THAT USE OF THE ODL SERVICES IS AT YOUR OWN RISK. THE ODL SERVICES, INCLUDING THE SITES, THE APPS, THE ODL VIDEO PLAYER, THE ODL CONTENT, USER MATERIAL AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH THE ODL SERVICES, ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, ODL DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE; NON-INFRINGEMENT OR THAT THE ODL SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE OR RELIABLE. IN NO EVENT SHALL ODL OR ITS AFFILIATES, OR EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND SUPPLIERS (COLLECTIVELY, THE “ODL PARTIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE ODL SERVICES (INCLUDING ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN, OBTAINED ON OR PROVIDED THROUGH THE ODL SERVICES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY, EVEN IF THE ODL PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES OR CERTAIN LIMITATIONS ON DAMAGES AND REMEDIES, ACCORDINGLY SOME OF THE EXCLUSIONS AND LIMITATIONS DESCRIBED IN THESE TERMS OF USE MAY NOT APPLY TO YOU. IF, IN A RELEVANT JURISDICTION, THE LIMITATIONS AND EXCLUSIONS ON LIABILITY CONTAINED HEREIN ARE NOT PERMITTED, THEN THE ODL PARTIES’ LIABILITY SHALL BE LIMITED AND EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.


  1. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE ODL PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEY’S FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OF USE AND YOUR USE OF THE ODL SERVICES.


 


10. NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT


  1. 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.


  1. 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:


    1. Your physical or electronic signature;
    2. 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;
    3. 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
    4. 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.
    5. 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.


  1. For assistance with technical issues or customer support inquiries, please send an email to [email protected]


 


12. GOVERNING LAW.


  1. This Terms of Use is governed by, and construed in accordance with, the laws of the State of California, United States of America without giving effect to principles of conflicts of law.


 


13. DISPUTES/ARBITRATION; CLASS ACTION WAIVER.


  1. Any dispute, claim, or controversy arising out of or in connection with your access to, and/or use of the ODL Services shall be resolved by binding arbitration or, in certain situations as further described below, in small claims 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 Section 13 shall be interpreted as limiting any non-waivable statutory rights that you may have. 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 and ODL are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Use and the termination of your ODL membership. Notwithstanding the foregoing, disputes, claims, or controversies concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the ODL Services shall not be subject to arbitration.The arbitration shall be conducted by a single arbitrator, governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms of Use, and administered by the AAA. Payment of all filing, administration and arbitrator fees will be governed by AAA Rules. The AAA Rules and fee information are available at www.adr.org.


  1. 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.


  1. 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.


  1. You have the right to opt-out and not be bound by these arbitration provisions by sending written notice of your decision to opt-out to the following email address [email protected] and by U.S. Mail to 221 N. Harbor Blvd., Suite E, Fullerton, California 92832, USA. The notice must be sent within the later of 30 days of your first use of the ODL Services or within 30 days of changes to this section being announced on the Services, otherwise you shall be bound to arbitrate any disputes, claims, or controversies in accordance with the terms of these paragraphs. If you opt-out of these arbitration provisions, ODL also will not be bound by them. If you do not affirmatively elect to opt out as described above, your use of the ODL Services will be deemed to be your irrevocable acceptance of these Terms of Use and any changes/updates to this section or otherwise.


  1. 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.


  1. 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


  1. 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.


  1. 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.


  1. 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.


  1. No Waiver/Reliance: The waiver or failure of us to exercise in any respect any right provided for in these Terms of Use shall not be deemed a waiver of the subject right or any further right under these terms of Use.


  1. Integration, Amendment, and Severability: Please note that this Terms of Use constitutes the entire legal agreement between you and ODL and governs your use of the ODL Services (but excluding any services, if any, that ODL may provide to you under a separate written agreement), and completely replaces any prior agreements. If any provision of these Terms of Use is unlawful, void or unenforceable, that provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. ODL may change this Terms of Use at any time and such change shall be effective upon posting the new Terms of Use on the ODL Site at //www.ondemandlatino.com/terms.html. Any visit to the ODL Site or use of the ODL Services by you after the new Terms of Use are posted will indicate your agreement to such change. Therefore, it is important you read these Terms regularly to ensure you are familiar with the most updated terms.


  1. Survival: All rights and obligations of the parties that by their nature are intended to survive the termination of these Terms of Use or your use of the ODL Services shall survive such termination.


  1. 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.


  1. 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.
    • These Terms of Use were last modified on the date indicated above and are effective as of such date.