Terms

Effective Date:  12/11/2018

Welcome to PhilioTV! It is with Great pleasure to provide the services described below for
your personal enjoyment and entertainment in accordance with these Terms of Use
(“Terms”).

PLEASE TAKE A MOMENT TO READ CAREFULLY THROUGH THESE TERMS AND CONDITIONS DESCRIBED BELOW BEFORE SETTING UP YOUR ACCOUNT AND COMPLETION OF YOUR ORDER.  IF YOU DO NOT ACCEPT THESE TERMS ON THIS WEBSITE, PLEASE LEAVE BY CLOSING YOUR INTERNET BROWSER WINDOW NOW. ONCE YOUR ORDER IS FINALIZED THE PAYMENT IS SUBMITTED TO YOUR BANK, AND NO FURTHER CHANGES CAN BE MADE.

1.DESCRIPTION OF SERVICE AND ACCEPTANCE OF TERMS

Philio, Inc, dba PhilioTV (“Philio,” “we,” or “us”) provides Streaming Entertainment Channels which gives users offerings of live and on-demand programming giving the opportunity to watch their Favorite, Live Shows, Sports Events, Pay Per View and Movies.

Use of the Services which includes access to the Content is subject to compliance with these Terms which incorporate by reference our Privacy Policy available at philiotv.com/privacy, Privacy Policy and any end-user license agreement that might accompany the applicable service. Therefore, by accessing or using any of the Services through any Access Point, including by visiting the PhilioTV.com website or by downloading or launching the PhilioTV application, you accept and agree to these Terms.

Please note that the website addresses (i.e., URLs) that have been included within these Terms may not function as hyperlinks here on all the Access Points. To view these Terms as clickable hyperlinks, please visit the PhilioTV.com website on your computer.

2. CHANGES TO THESE TERMS

At times we may need to make changes to the Terms for many reasons. For example, changes in laws or updates on how the Services work. It is best to view these Terms regularly, which are posted on the PhilioTV.com website at PhilioTV.com/terms. If you are a registered user, we may update you using the email of record regarding updates of changes and or enhancements.

3. USE OF THE SERVICES

The Services are not intended to be used by children without parental or guardian approval and in involvement. If under the age of 18, you are not permitted to register an account with PhilioTV or provide any personal information to PhilioTV.
3a. Your License with PhilioTV has granted you a non-exclusive, limited license to use the Services, which includes accessing and viewing the Content on a streaming-only basis for non-commercial and personal purposes as outlined in these Terms. The periods will give very in which you can view each piece of Content based on the rights availability of this Content and the Terms of your subscription.

3b. PhilioTV offers Users to have three devices under one user account. Only the account holder and those with permission from the account holder may access these devices on the user account.

3c. Usage Rules and Limitations You may only access and view the personally and for a non-commercial purpose in compliance with these Terms. You may not either directly or through the use of any web-based service, device, internet site, software or any other means remove, avoid, alter, bypass, circumvent any copyright, interfere with, trademark, or other proprietary notices marked on the content or any device, digital rights management mechanism, or any other content protection or access control measure associated with the Content including but not limited to geo-filtering mechanisms. You may not either directly or through the use of any internet site, device, web-based service, software, or other means copy, distribute, duplicate, reproduce, archive, stream capture, download, record, display, broadcast, sell, perform, upload, publish, translate, modify, or transmit or retransmit the Content unless expressly permitted by the terms of your subscription or otherwise by PhilioTV in writing. You may not incorporate the Content into or retransmit or stream the Content via, any software or hardware applications or make it available in the form of in-line links or frames unless expressly permitted by PhilioTV in writing.  You may not recreate, create, advertise or distribute an index of any significant portion of the Content unless it has been authorized by PhilioTV. You may not in any way build a business utilizing the Content, whether for profit or not. Content covered by these restrictions includes no limitations, layout, text, logos, interface, graphics, photographs, video and audio, stills and materials and you are strictly prohibited from creating derivative works and or materials that are derived from and based on in any way the Content, including mash-ups, wallpaper, similar videos, greeting cards, desktop themes, montages and merchandise, unless expressly permitted by PhilioTV in writing. This applies to even if you intend to give away the derivative materials free of charge.

3d. The subjectivity of Content Content tends to elicit at times varying reactions among different people.  You may perhaps come across Content you may find objectionable, offensive, explicit, indecent. Content genres, types, categories, and descriptions have been provided as suggestions to help with navigation, and PhilioTV does not guarantee that you will agree with them. You, however, acknowledge these risks.
3e. Quality of Content  PhilioTV uses various technologies to provide you with the highest viewing experience. With that said, quality of Content, including resolution, maybe sometimes affected by your location, the speed, and bandwidth of your internet service, the format of the Content, and devices used, among other factors. 4K Ultra HD and HD availability for certain Content depends on your device capabilities and internet service. To begin playing Content the time it takes you to begin playing will vary based on some factors, including internet bandwidth, the number of devices simultaneously connecting to the same network, location, the Content you have selected, and the configuration of the device you are using. As a result of this PhilioTV is unable to make any warranties about the Content in these respects.

3f. Compatible Devices To access the Services, you will need to use a device that meets the system and compatibility requirements which we have established as streaming media player, computer and or mobile device. Please note that Compatible Devices may vary by Service. For example, certain devices may not be capable of streaming Content from Live TV Service but can be capable of streaming other Content. Please visit PhilioTV.com website for a current list Compatible Device.

3g. Data Usage and Internet Service You must have high-speed broadband, wireless or similar internet connection from your internet service provider that meets certain technical specifications. It can be noted that 4K Ultra HD and HD Content, multiple simultaneous streams may require higher internet bandwidth. We are not responsible for any costs associated with your internet service used to access the Services additionally your use of the Services may count toward your data usage, depending on the terms of your agreement with your internet service provider.

3h. Software Downloads To access certain Content and participate in certain Services you may be notified that 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 at this moment incorporated into these Terms.

  1. Billing By providing a credit card or other payment method accepted by PhilioTV, “Payment Method” for your subscription, you are expressly agreeing that we are authorized to charge you a periodic subscription fee on a recurring basis corresponding to the term of your subscription, any other fees for additional Services you may purchase, and any applicable taxes in connection with your use of your subscription to the Payment Method. If there is a change in your credit card validity or expiration date or if you want to use a different Payment Method you may email support@PhilioTV.com requesting to update your information. If your Payment Method expires and you do not email requesting to update your information you authorize us to continue billing, and you will remain responsible for any uncollected amounts. As used in these Terms, “billing” shall indicate either a charge or debit, as applicable, against your Payment Method. The subscription fee will be billed at the beginning of your subscription or expiration of your free trial period, if any, whichever is earlier, and on each periodic renewal date after that unless and until you cancel your subscription or the account or Service is otherwise suspended or discontinued under these Terms. We automatically bill your Payment Method on the calendar day corresponding to the commencement of your subscription.  For subscribers whose subscription starts with a free trial, billing will commence upon the expiration of the free trial. The interval of time between each recurring payment due date shall correspond to the term of your subscription and be referred to herein as a “Billing Period.” In the event your subscription began on a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, if you have a monthly subscription and became a paying subscriber on January 31, your Payment Method would next be billed on February 28. You acknowledge that the timing of when you are billed and the amount billed each Billing Period may vary, including for example due to free trails, changes in your subscription, changes in your Payment Method, and changes in applicable taxes, and you authorize us to charge your Payment Method for the corresponding amounts. PhilioTV reserves the right to change the terms of your subscription, including price, from time to time, effective as of the beginning of your next Billing Period following the date of the change. If PhilioTV changes the subscription fee or other charges for your subscription, we will give you advance notice of these changes.
    However, we will not be able to notify you of changes in any applicable taxes.

4a. Cancellation and Ongoing Subscription Your subscription will continue in effect on a recurring basis corresponding to the term of your subscription unless and until you cancel your subscription or the account or Service is otherwise suspended or discontinued under these Terms. You must cancel your subscription Three days before your next renewal date to avoid the next billing. We will bill the periodic subscription fee plus any applicable taxes to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). If you cancel your subscription, the cancellation will be effective at the end of the current Billing Period, this means that you will have continued access to your subscription for the remainder of that period, but you will not receive a refund. You can cancel your subscription by
Emailing support@PhilioTV.com.

4b. Unpaid Amounts It is important that each subscriber honor the payment obligations to which the subscriber agreed. Accordingly, we reserve the right to retry billing your Payment Method after failed attempts ( e.g., if your Payment Method is rejected). We also reserve the right to pursue any amount you fail to pay in connection with your subscription. You will remain liable for all such amounts and all costs incurred in connection with the collection of these amounts, including, without limitation, bank overdraft fees, collection agency fees, reasonable attorneys’ fees, and arbitration or court costs.

4c. Refund We always offer the highest level of quality, however, if for some reason you are not entirely satisfied with your subscription purchase you have three days in which to cancel your subscription for a full refund. Refunds may be settled using the same payment method used to pay for the original subscription purchase. Email support@PhilioTV.com to request a refund.

5. Registration and Accounts

You are responsible for all use of your account, including the use of your account by other members of your household. By allowing others to access your account or to create profiles within your account, you agree to be responsible for ensuring that they comply with these Terms and you agree to be responsible for their activity using the Services. All registration information you submit must be accurate and updated. Please keep your password confidential. You will not have to reveal it to any PhilioTV representative. Because you are responsible for all use of your account, including unauthorized use by any third party please be very careful to guard the security of your password. Please notify us by email at support@PhilioTV.com if you suspect any unauthorized use of your account.

6. Collection and use of Personal Information

For information about PhilioTV’s policies and practices regarding the collection and use of your information, please read PhilioTV’s Privacy Policy available at PhilioTV.com/privacy. The Privacy Policy is incorporated by reference and made part of these Terms. Thus, by agreeing to these Terms, you agree that your presence on the PhilioTV site and use of the Services through any other Access Point or Compatible Device are governed by the PhilioTV Privacy Policy in effect at the time of your use.

7. Disclaimer of Warranties, Limitation of Liability and Indemnity

WHILE WE DO OUR BEST TO PROVIDE THE OPTIMAL PERFORMANCE OF THE SERVICES, YOU AGREE THAT USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, INCLUDING THE PHILIOTV SITE, THE CONTENT, THE VIDEO PLAY, THE FEATURES, USER MATERIAL, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH ANY ACCESS POINT OR COMPATIBLE DEVICE, 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, PHILIOTV, DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NON INFRINGEMENT, OR THAT THE SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR-FREE, OR RELIABLE.   IN NO EVENT SHALL PHILIOTV OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT PROGRAMMERS) COLLECTIVELY, THE PHILIOTV 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 SERVICES (INCLUDING ANY INFORMATiON, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH ANY ACCESS POINT OR COMPATIBLE DEVICE), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE PHILIOTV PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABiLTIY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY FOR ACCESSING OR PARTICIPATING IN AY ACTIVITY RELATED TO USE OF THE SERVICES OR $50 (WHICHEVER IS LESS). YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE PHILIOTV PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE SERVICES (INCLUDING YOUR USE OF THE CONTENT), PHILIOTV RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.

8. Arbitration of Claims

PLEASE READ THIS CAREFULLY. WE WANT YOU TO KNOW HOW IT AFFECTS YOUR
RIGHTS. If you have an issue with the Services, we encourage you to review our frequently asked questions. In the event there is an issue that still requires attention; we want to make the resolution process as quick and efficient as possible. We also want to specify now what each of us should expect to avoid any confusion later. To that end, you and PhilioTV agree to first discuss any issue informally for at least 30 days. To do that, please send your full name and contact information, your concern and your proposed solution by mail to us at Philio, Inc., 1661 International Drive Suite 400, Memphis, TN 38120- Attn: Legal Department. If we would like to discuss an issue with you, we will contact you using the email address you provided when you registered for PhilioTV. If we do not reach an agreed-upon solution after our discussions for at least 30 days, you and PhilioTV agree that any and all claims that either of us may have issues with that are relating to: (i) these Terms (including formation, performance, or breach of them, and including the scope and enforceability of this arbitration provision); (ii) the Privacy Policy, which is incorporated in these Terms; (iii) any aspect of our relationship with each other; and (iv) use of the Services, must be resolved through binding arbitration before the American Arbitration Association (“AAA”) using its consumer Arbitration Rules, available at www.adr.org or by calling the AAA at 1-800-7787879. As an exception to this arbitration agreement, PhilioTV is happy to give you the right to pursue in small claims court any claim that is within that court’s jurisdiction as long as you proceed only on an individual basis. You and PhilioTV agree to arbitrate in each of our individual capacities only, not as a representative or member of a class, and each of us expressly waives any right to file a class action or seek relief on a class basis.

If you’re not sure what all of this means, of course please feel free to ask an attorney.
Specifying what happens if an issue arises with one of our users is never a fun topic. But we pride ourselves on transparency and we thank you in advance for understanding why it’s important that you and PhilioTV agree on the process described in this Section.

Thank you for taking the time to read these Terms. By understanding and agreeing to follow these Terms, the experience will be better for all users. It is our goal to provide you with the Highest quality in a user experience, so if you have any questions or comments about these Terms, please contact us at: support@PhilioTV.com Happy Viewing!