Terms of Service

Bitpix Terms of Use  

Rev 25 Mar 2020 [WITH COMMENTS]

Bitpix provides a personalized subscription service that allows our members to access movies (such as short films), TV shows, and other content (altogether "Bitpix content") streamed over the Internet to certain Internet-connected TV's, computers and other devices ("Bitpix ready devices").

You have accepted these Terms of Use, which govern your use of our service. Personally identifying information is subject to our Privacy Statement, the terms of which are incorporated herein by reference.  Please review our Privacy Statement [HYPERLINK] to understand our practices.

As used in these Terms of Use, "Bitpix service", "our service" or "the service" means the service provided by Bitpix, as personalized with your input, for discovering and watching Bitpix content, including all features and functionalities, recommendations and reviews, the website, and user interfaces, as well as all content and software associated with our service.

YOU AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN SECTION 7 TO RESOLVE ANY DISPUTES WITH BITPIX (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT).

1. Membership
   
   1.1. Your Bitpix membership will continue and automatically renew until terminated. To use the Bitpix service you must have Internet access and a Bitpix ready device and, for the paid version ("Premium") membership,  provide us with one or more Payment Methods. "Payment Method" means a current, valid method of payment accepted by Bitpix, as may be updated from time to time and which, if so accepted, may include payment through your account with a third party. You must cancel your membership before it renews in order to avoid billing of the membership fees for the next billing cycle to your Payment Method (see "Cancellation" below).
   
   1.2. We may offer a number of membership plans, including free version memberships supported by advertisements ("AVOD"), or special promotional plans or memberships offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. Some membership plans may have differing conditions and limitations than those presented here, which will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your Bitpix membership by visiting our website and clicking on the "Account" link.

1. Free Trials
   
   2.1. Your Bitpix Premium membership may start with a free trial. The duration of the free trial period of your membership will be specified during sign-up and is intended to allow new and certain former members to try the Premium version service.
   
   2.2. Free trial eligibility is determined by Bitpix at its 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 (including, upon apparent abuse, your access to any AVOD or other free version membership) in the event that we determine that you are not eligible. Members of households with an existing or recent Bitpix membership are not eligible. We may use information such as device ID, method of payment or an account email address used with an existing or recent Bitpix membership to determine eligibility. For combinations with other offers, restrictions may apply.
   
   2.3. At the end of the free trial period for a Premium membership, if we have not received your cancellation in accordance with the then-current cancellation rules we will have posted, we will charge the membership fee for your next billing cycle to your Payment Method and your membership will automatically renew after said cycle. To view the applicable membership price and end date of your free trial period, visit our website and click the "Billing details" link on the "Account" page.

1. Billing and Cancellation
   
   3.1. Billing Cycle. Any fee for your membership with the Bitpix service and 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 indicated on your "Account" page. The length of your billing cycle will depend on the type of subscription that you choose when you sign-up for the service. Membership 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. Visit our website and click on the "Billing details" link on the "Account" page to see your next payment date. We may authorize your Payment Method in anticipation of membership or service-related charges through various methods, including authorizing it up to approximately one month of service as soon as you register or to take effect upon expiry of your free trial if applicable. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.
   
   3.2. Payment Methods. To use the Bitpix 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 all or part 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 account, 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.
   
   3.3 Updating your Payment Methods. You can update your Payment Methods by going to the "Account" page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you are deemed to authorize us to continue to charge the applicable Payment Method(s) as updated.
   
   3.4. Cancellation. You can cancel your Bitpix Premium membership at any time, and you will continue to have access to the Bitpix Premium service through the end of your billing period. To cancel, go to the "Account" page on our website and follow the instructions for cancellation. If you cancel your Premium membership, your access to the Premium features will automatically end at the end of your current billing period. Absent violation of these Terms, you may continue to enjoy access to non-Premium features and a non-Premium form of membership.  To see when your Premium membership will end, click "Billing details" on the "Account" page. If you signed up for Bitpix using your account with a third party as a Payment Method and wish to cancel your Bitpix membership, you may need to do so through that third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the Bitpix service through that third party. You may also find billing information about your Bitpix membership by visiting your account with the applicable third party, if said third party so provides.  Notwithstanding any other provision in these Terms of Use, we may cancel (terminate), suspend, or limit your membership or account for any reason, including but not limited to your violation of any of these Terms of Use, any applicable law, or any community policies such as regarding Feedback (defined below) as we may impose from time to time.  Except where you are faultless, or in the event of bankruptcy or similar proceedings, we shall refund you within a reasonable time with a prorated amount of any advance fees you may have paid for the relevant membership.
   
   3.5. Changes to the Price and Subscription Plans. We reserve the right to change our Premium or other subscription plans or adjust pricing for our service or any components thereof 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.
   
   3.6. No Refunds. Payments are nonrefundable and there are no refunds or credits for partially used periods. At any time, and for any reason, we 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. The provision of credits to other members does not entitle you to credits. The provision of credits to you 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. Bitpix Service
   
   4.1. You must be 18 years of age, or the age of majority in your province, territory or country, under all applicable laws, to become a member of and/or use the Bitpix service. Individuals under the age of 18, or applicable age of majority, may utilize 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 and all applicable law.
   
   4.2. The Bitpix service and any content viewed through our service are for your personal and non-commercial use only and may not be shared with individuals beyond your household. Nor may you record or download any content except via Offline Viewing, if any, as provided below. During your Bitpix membership, we grant you a limited, non-exclusive, non-transferable right to access the Bitpix service and view Bitpix 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 of any kind, in any medium.
   
   4.3. You may view Bitpix content only within the country approved by Bitpix in which you have established your account and only in geographic locations where we offer our authorized service and have licensed such content. The content that may be available to watch will vary by geographic location and will change from time to time. The number of devices on which you may simultaneously watch will depend on your chosen subscription plan and may be specified on the "Account" page.
   
   4.4. The Bitpix service, including the content library, is regularly updated. In addition, we continually test various aspects of our service, including but not limited to our website, user interfaces, promotional features and availability of Bitpix content.  We may offer you the ability to turn off test participation at any time by visiting the "Account" page and changing the "Test participation" settings.
   
   4.5. Some Bitpix content may be available for temporary download and offline viewing on certain supported devices ("Offline Viewing"). Limitations apply, including restrictions on the number of titles viewable by Offline Viewing ("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. Some Offline Titles may not be playable in certain countries and if you go online in a country where you would not be able to stream that Offline Title, you may find that the Offline Title is not playable while you are in that country.
   
   4.6. You agree to use the Bitpix 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 Bitpix service, or to attempt to do or cause others to do any of the foregoing. You also agree not to circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Bitpix service; use any robot, spider, scraper or other automated means to access the Bitpix service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Bitpix service; insert any code or product or manipulate the content of the Bitpix 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 the Bitpix service or any computer software or hardware or telecommunications equipment associated with the Bitpix service, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of our service if you violate any provisions of the Terms of Use or are engaged in illegal or fraudulent use of the service or violate applicable law or content licenses.
   
   4.7. The quality of the display of the Bitpix 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. HD, Ultra HD and HDR modes may be subject to availability overall or in the relevant territories, your particular type of membership, and to your Internet service and device capabilities. Not all content is available in all formats, such as HD, Ultra HD or HDR, and not all plans allow you to receive content in all formats. Default playback settings on cellular networks may exclude HD, Ultra HD and HDR content. [CHECK ACTUAL TECH SPECS FOR THE FOLLOWING:  The minimum connection speed for SD quality is 0.5 Mbps; however, we recommend a faster connection for improved video quality. A download speed of at least 5.0 Mbps per stream is recommended to receive HD content (defined as a resolution of 720p or higher). A download speed of at least 25.0 Mbps per stream is recommended to receive Ultra HD (defined as a resolution of 1080p or higher) and HDR content.] You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. Bitpix makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching, or continue to watch, Bitpix content will vary based on a number of factors, including your location, available bandwidth at the time, the Bitpix content you have selected and the configuration of your Bitpix ready device.
   
   4.8. Bitpix software may solely be used for authorized streaming and viewing of content from Bitpix through Bitpix ready devices. This software may vary by device and medium, and functionalities may also differ between devices. By using our service, you agree to receive, without further notice or prompting, updated versions of the Bitpix and related third-party software. If you do not accept the foregoing terms or any other portion of these Terms of Service, you are not authorized to use our service.
   
   4.9. By using our service, you agree to look solely to the entity that manufactured and/or sold you your device for any issues related to the device and its compatibility with the Bitpix service. We do not take responsibility or otherwise warrant the performance of any device, whether or not we or others refer to them as Bitpix ready, including the continued compatibility with our service. If your Bitpix ready device is sold or given away, lost or stolen, please deactivate the Bitpix ready device, in advance in the case of sale or gift, and otherwise immediately thereafter.  If you fail to log out or deactivate your device, subsequent users may access the Bitpix service through your account and may be able to access certain of your account information, and we shall not be held liable for any such access or consequences thereof. To deactivate a device, follow instructions on the "Account" page of our website.

1. Passwords and Account Access. The member who created the Bitpix account and whose Payment Method is charged (the "Account Owner") has access and control over the Bitpix account and the Bitpix ready devices that are used to access our service and is responsible for any activity that occurs through the Bitpix account. To maintain control over the account and prevent anyone from accessing the account (which could include information on viewing history for the account), the Account Owner should maintain control over the Bitpix ready 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. 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 membership or account on hold in order to protect you, Bitpix or our collaborators from identity theft or other fraudulent activity. Bitpix is not obligated to credit or discount a membership for holds placed on the account by either a representative of Bitpix or by the automated processes of Bitpix.

1. Disclaimers of Warranties and Limitations on Liability
   
   6.1. THE BITPIX SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE BITPIX SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. BITPIX DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE BITPIX SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. BITPIX SPECIFICALLY DISCLAIMS LIABILITY FOR THE SERVICE AND ALL CONTENT, ALL DEVICES, AND ALL APPLICATIONS AND OTHER SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).
   
   6.2. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL BITPIX, OR ITS SUBSIDIARIES OR AFFILIATES, OR THEIR RESPECTIVE LICENSEES, OR THE SHAREHOLDERS, OWNERS/ MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER PERSONNEL OR REPRESENTATIVES OF THE FOREGOING (ALTOGETHER THE "BITPIX PARTIES"), BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANYONE ASSOCIATED WITH YOU FOR BREACH OF WARRANTY, PERSONAL INJURY, PROPERTY DAMAGE, OR ANY OTHER CLAIMS INCONSISTENT WITH THESE TERMS OF USE, OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR (EXCEPT FOR BITPIX ITSELF TO THE EXTENT AWARDED BY ARBITRATION AS SET FORTH BELOW) ANY DAMAGES WHATSOEVER, NOR BE SUBJECT TO RESCISSION OR OTHER INJUNCTIVE RELIEF.
   
   6.3. 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.
   
   6.4. NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.

1. Arbitration Agreement
   
   7.1. If you are a Bitpix member in the United States (including its possessions and territories), you and Bitpix agree that any dispute, claim or controversy arising out of or relating in any way to the Bitpix service, these Terms of Use, the Privacy Policy, and this Arbitration Agreement, shall be determined by binding arbitration or, if applicable, in small claims court. Arbitration shall be before a neutral arbitrator agreed in good faith by the parties, instead of before a judge or jury. 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 Bitpix are each waiving the right to a trial by jury or to participate as a class action plaintiff. This arbitration provision shall survive termination of this Agreement and the termination of your Bitpix membership or account.
   
   7.2. If you elect to seek arbitration or file a small claim court action, you must first send to Bitpix, by certified mail, a written Notice of your claim ("Notice"). The Notice to Bitpix must be addressed to:  Bitpix, LLC, [ADDRESS HERE__________________________] ("Notice Address"). If Bitpix initiates arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by Bitpix, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Bitpix and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Bitpix may commence an arbitration proceeding or file a claim in small claims court.
   
   7.3. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you are required to pay a filing fee, you will be responsible for any such fees.
   
   7.4. The arbitration will be governed by the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, with a right to hearing only for amounts in controversy greater than $10,000, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. 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. Unless Bitpix and you agree otherwise, any arbitration hearings will take place in Los Angeles County, California, USA. The arbitrator's award shall be final and binding on all parties, and may be enforced in any court acknowledging jurisdiction.
   
   7.5. The arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based.  Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
   
   7.6. YOU AGREE THAT YOU MAY ONLY BRING CLAIMS AGAINST BITPIX AND ONLY IN YOUR INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Bitpix 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. Miscellaneous
   
   8.1. Governing Law. These Terms of Use shall be governed by and construed in accordance with the laws of California, USA, 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.
   
   9.2. Unsolicited Materials. Bitpix does not accept unsolicited materials or ideas for Bitpix content, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to any of the Bitpix Parties. Should you send any unsolicited materials or ideas, you do so with the understanding that no consideration of any sort will be provided to you, and you are waiving any claim against Bitpix and all Bitpix Parties regarding the use of any such materials and ideas, even if material or an idea contained in the Bitpix service or its content is substantially similar to the material or idea you sent.
   
   9.3. Feedback. Bitpix is 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"), including responses to questionnaires or through postings to the Bitpix service, including the Bitpix website and user interfaces, 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 the service or other products and creating, modifying or improving the Bitpix service or such products. In addition, you agree not to attempt to enforce any "moral rights" or similar rights in and to the Feedback or otherwise regarding the Bitpix Parties.
   
   9.4. Customer Support. To find more information about our service and its features, or if you need assistance with your account, please visit the Bitpix Help Center [HYPERLINK] on our website. In certain instances, Customer Service may best be able to assist you by using a remote access support tool through which we may be able to have full access to your computer; if you do not want us to have such access, you should not consent to support through the remote access tool, and we will assist you through other means. In the event of any conflict between these Terms of Use and information provided by Customer Service or other portions of our website or other Bitpix Parties, these Terms of Use will control.
   
   9.5. Survival. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, it shall be curtailed only to the extent of such invalidity, illegality, or unenforceability, and the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
   
   9.6. Changes to Terms of Use and Assignment. Bitpix may, from time to time, update or alter these Terms of Use in its discretion.  Such revisions shall be effective immediately, unless otherwise stated. Any usage of our service after such revision shall constitute acceptance by you of said revised Terms of Use. We may assign or delegate all or part our agreement with you to any affiliated company or other assignee or to any entity that succeeds to all or substantially all of our business or assets related to the applicable Bitpix service.
   
   9.7. Communication Preferences. 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.

Last Updated: March 25, 2020