Terms Of Use
RetroCrush Website Terms of Use
Last Updated: July 15, 2022
Welcome to RetroCrush, a wholly owned subsidiary of Cineverse Entertainment Corp (“RetroCrush” or “Company”). We are a free ad-supported and subscription service that provides our members with access to convention footage, motion pictures, television shows, and other audio-visual entertainment (“Content”) streamed over the Internet to your Internet-connected devices, including computers, smartphones, tablets, televisions, and other devices (together, “Devices,” and singularly, a “Device”). The following terms and conditions (collectively, the “Terms of Use”) govern your access to and use of the RetroCrush Service. This website, located at www.retrocrush.tv (the “Website”), our video services, the Content, our player for viewing the Content, our application, and any other features, tools, materials, or other services offered from time to time by the RetroCrush Service are referred to collectively as the “Service.”
If you are a resident of the United States (including its possessions and territories), you agree to the Arbitration Agreement and class action waiver described in Section 11 to resolve any disputes with the Service (except for matters that may be taken to small claims court).
Please be aware that these Terms of Use include hyperlinks to incorporated terms that may be accessed only through the Website. This means that if you are viewing these Terms of Use through a Device that cannot open the hyperlinks, you may need to visit www.retrocrush.tv/terms-of-use to review these hyperlinked terms.
1. ACCEPTANCE OF THE TERMS OF USE
1.1 These Terms of Use, which include our Privacy Policy www.retrocrush.tv/privacy-policy, govern your use of the Service. By using, visiting, or browsing the Service, you accept and agree to these Terms of Use. If you do not agree to these Terms of Use, do not use the Service and please immediately end your visit to the Service.
2. CHANGES TO THE TERMS OF USE
2.1 Company may, from time to time, change these Terms of Use, including the Privacy Policy and EULA. Such revisions shall be effective immediately. If we make a material change to these Terms of Use, we will notify you by posting a notice of the material change on the Website and the Service, and, if you are a subscriber, we will also send an email to the email address you most recently provided to us.
3. PRIVACY
3.1 Our collection, use, and disclosure of personal information is subject to our Privacy Policy (https://www.retrocrush.tv/privacy-policy), the terms of which are incorporated herein. Please review our Privacy Policy to understand how we process personal information.
4. OUR COMMUNICATION WITH YOU
4.1 By using the Service, you consent to receiving electronic communications from Company. These communications may involve sending emails to the email address you provide to us and are part of your relationship with the Service. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing, and you acknowledge that we recommend that you save a paper or electronic copy of such communications. You acknowledge that you are responsible for maintaining the accuracy of your user information, including your email address, and that any notices, agreements, disclosures or other communications that we send you electronically will satisfy and legal communication requirements even if your email address is no longer accurate when the electronic communication is sent to you. You further consent to receiving promotional communications from us. If you no longer want to receive our promotional communications, you are able to adjust your email preferences on the Website. Please review the Privacy Policy for further details on our promotional communications.
5. ACCESSING THE SERVICE
5.1 Age. You must be eighteen (18) years of age, or the age of majority in your province, territory or country, to become a member of the Service. Individuals between the ages of thirteen (13) and eighteen (18), or applicable age of majority, may utilize the service only with the involvement and approval of a parent or legal guardian, under such person’s account, and otherwise subject to these Terms of Use. Individuals under the age of thirteen (13) are not permitted under any circumstances to register with the Service or to provide their personal information to the Service.
5.2 Restricted to Non-Commercial Use. The Service is for your personal, noncommercial enjoyment only. We grant you a limited, non-exclusive, nontransferable license to access the Service and view Content through the Service on a streaming-only basis for that purpose. You agree that, except for the foregoing limited license, no right, title or interest shall be transferred to you, and you agree not to use the Service for public performances.
5.3 Ownership. You agree that Company owns and retains all rights to the Service. You further agree that the Content you access and view as part of the Service is owner or controlled by Company and Company’s licensors.
5.4 Changes to the Service and Content Library, Availability of Content, and Internet Usage Charges. We will continually update the Service, including the Content library available to Service’s users. We may also, at any time, test aspects of the Service. By using the Service, you agree that we may include you in such tests and adjustments to the Service without notice. We reserve the right, in our sole and absolute discretion and without notice to you, to make changes from time to time in how we offer and operate the Servic e. The availability of Content will change from time to time. The quality of your stream may vary from Device to Device, and may be affected by numerous factors, including your Internet service and Device capabilities. Not all Content is available in HD or UD format, and not all Internet connections are capable of streaming HD or UD-quality Content. You are responsible for all Internet access charges and are advised to check with your Internet service provider for information on Internet usage charges. Company makes no representations or warranties about the quality of your streaming experience.
5.5 Usage Restrictions. You agree to use the Service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restriction on the use of the Serv ices or Content therein. You agree not to archive, download (other than through caching necessary for personal use), reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) Content or information contained on or obtained from or through the Service without express written permission from Company and its licensors. You also agree not to: circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in the Service; remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notice marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content, including geo-filtering mechanisms; use any robot, spider, scraper or other automated means to access the Service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Service; insert any code or product or manipulate the content of the Service in any way; use any data mining, data gathering or extraction method; use the Service to advertise or promote services that are not expressly approved in advance and in writing by Company; collect information in violation of Company’s Privacy Policy (www.retrocrush.tv/privacy-policy); encourage conduct that would constitute a criminal offense or give rise to civil liability; interfere with any person’s use and enjoyment of the Service; or attempt to do any of the foregoing. In addition, you agree not to upload, post, email or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer softwa re or hardware or equipment associated with the Service, including any software viruses or any other computer code, files or programs. You further agree that you may not create, recreate, distribute or advertise an index of any significant portion of the Content available via the Service unless authorized in writing by Company. Finally, you are expressly prohibited from creating derivative works or materials that otherwise are derived from or based upon, in any way, the Content, including montages, mash -ups and similar video, wallpaper, desktop themes, greeting card, and merchandise, unless authorized in writing by Company. This prohibition applies even if you intend to give away the derivative materials free of charge. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logo, photograph, audio or video materials, and stills, in addition to the prevailing definition of Content set forth in the preamble of these Terms of Use.
5.6 Software Updates and Incorporation of EULA. Company’s streaming software is developed by, or for, Company and is designed to enable streaming of its Content through enabled Devices. This software may vary by Device and medium, and the Service’s functionality may vary between Devices. By using the Service, you acknowledge and agree to the EULA and to receive, without further notice or prompting, updated versions of the Service and related software. If you do not accept the foregoing terms, do not use the Service. Company does not take responsibility for or otherwise warrant the performance of enable Devices, including the continuing compatibility of enabled Devices with the Service. By using the Service, you agree to look solely to the entity that manufactured and/or sold you the enabled Device(s) for any issues related to the Device(s) and its compatibility with the Service. If your Device is lost or stolen, please deactivate the Device. Please be aware that if you fail to log out of the Service your Device may be used by subsequent users, and such users may be able to access your account information. In such a circumstance, you will be held responsible for the activity of your account, and for any violations of these Terms of Use.
5.7 Device Restriction. The Services may be restricted to four (4) Companyenabled Devices that may simultaneously be used to stream the Content. The number of Devices that may be enabled for simultaneous streaming of the Content may change from time to time at our discretion.
5.8 Geographic Content Availability. The Content available on the Services may vary based upon the geographic locations where we offer certain Content and/or upon our license to distribute such Content in certain geographic regions. Thus, the Content available will vary depending upon your geographic location. The Service will utilize technologies, which may include geo-filtering techniques, to verify your geographic location.
5.9 Suspension or Termination of Service and Termination of Use. We may in our sole discretion terminate or restrict your use of the Service, without compensation or notice, if we suspect that you are in violation of these Terms of Use or engaged in illegal or improper use of the Service. We may also temporarily or permanently suspend, discontinue, or terminate some, or all, of the Service, with respect to any or all users, at any time without notice, and you acknowledge that Company may do so in its sole discretion. You further agree that Company shall not be liable to you for any modification, suspension, termination, or discontinuance of the Service, in whole or in part, although if you are an active subscriber and Company suspends, terminates, or discontinues the Service, Company may, in its sole discretion, provide you with a credit, refund, discount or other form of consideration. In the event that Company, in its sole discretion, suspends or terminates your user account due to your violation of these Terms o f Use, you will not be eligible for any credit, refund, discount or other consideration.
6. MEMBERSHIP TERMS
6.1 Membership Charges. Your membership to the Service will automatically renew based on the terms of your subscription upon transaction of your purchase unless and until you cancel your membership or we terminat e it. You must, at all times, provide a current, valid, accepted method of payment (a “Payment Met hod”) to use the Service. We will charge your recurring membership fee to your Payment Method. You must cancel your membership before it renews each term (mon thly, 3- months, or annually) in order to avoid billing of the next month’s membership fee to your Payment Method.
6.2 Free Trials. Your Service membership may begin with a free trial, the period of which will be determined as specified during your sign-up to the Service. Restrictions may apply to combinations with other offers, and Company reserves the right to determine your eligibility for a free trial. In the event that you sign -up for a free trial, you will need to provide an email address and a Payment Method (i.e., a valid credit card), and at the conclusion of the free trial period Company will begin charging your monthly membership fee to your Payment Method. You agree that Company is under no obligation to notify you of the conclusion of yo ur free trial period, and that Company may bill your Payment Method for each monthly membership fee as each shall come due, until the billing period after the billing period during which you cancel your membership to the Service.
6.3 Recurring Billing and Price Changes. By starting your membership to the Service, you authorize us to charge your Payment Method a membership fee based on the subscription you choose (monthly, 3-month, or annual) at the then-current membership rate, and any further charges you may incur in connection with your use of the Service. You acknowledge that the amount charged to your Payment Method may vary between terms (monthly, every 3-months, annually) for reasons that may include different charges due to promotional offers, and/or your changing or altering your membership, and you authorize us to charge your Payment Method for such varying amounts. Your initial membership fee will be billed on the date your membership becomes a paying membership (i.e., no longer a free tria l), and we will automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership. Membership fees are fully earned upon payment. In the event your paying membership begins on a day not contained in a given month, we will bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. We reserve the right in our sole and absolute discretion to adjust the pricing of the Service, or portions thereof, in any manner and at any time. Any price change will take effect following the provision of notice to you via an email communication sent to the email address you provide during your account registration.
6.4 No Refunds. Payments are nonrefundable and there are no refunds or credits for partially used membership periods. Following any cancellation, however, you will continue to have access to the Service through the end of your current billing period. In our discretion, we may provide a refund, discount, or other consideration to a subscriber, but the amount and form of such refund, discount or consideration is at our sole and absolute discretion, and shall not entitle any other subscriber to a similar refund, discount or consideration in the future, nor shal l it obligate Company to provide such refund, discount or consideration in the future.
6.5 Cancellation. You may cancel your Service membership at any time. If you cancel your membership, your account will automatically close at the conclusion of the current billing period.
6.6 Your Account and Password. If you established a Service membership or user account, you are the owner of a Service user account. You are responsible for all uses of your account, including all uses of your account b y other members of your family or by third parties without your knowledge. By allowing others to use your account, you agree to be responsible for ensuring they comply with these Terms of Use. All registration information you provide must be accurate, and you are responsible for updating it. You are advised to keep your password confidential and to carefully guard the security of your password, because you are responsible for all activity on your user account. You will not have to provide your password or Payment Method details to any Company representative at anytime, so do not provide that information to anyone posing as a Company representative.
7. SUBMISSION OF USER REVIEWS AND OTHER MATERIAL
7.1 Material Submitted By You. You agree that the Service is free to use any comments, information, ideas, concepts, reviews, techniques, opinions, statements, images, likenesses, videos, or any other material contained in any communication you may send to Company or post on the Service, including responses to Company communications and through postings on the Service including the Website and other user interfaces, and including Company’s Twitter, Facebook, and Instagram accounts, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Service. In addition, you agree not to enforce any “moral rights” in such user-provided content, to the extent permitted by applicable law. Please note that Company does not accept submission of unsolicited materials or ideas for movies or television shows, or other artistic expression, and is not responsible for the similarity of any of its Content or programming in any media to materials or ideas transmitted to Company. Should you send any unsolicited materials to Company, you do so with full knowledge and agreement that Company will not owe you any consideration of any sort, and you are waiving any claim against Company and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea that you sent to Company.
7.2 Other User Material. Some users may have the opportunity to post thirdparty comments, information, ideas, concepts, reviews, techniques, or other material (“User Material”) on the Service. Please be aware that some material provided by users may be objectionable, unlawful, inaccurate, or i nappropriate. Company does not endorse User Material, and User Material does not reflect the opinions or policies of Company or its affiliates. Company reserves the right, but has no obligation, to monitor User Material and to restrict or remove User Material that we determine, in our sole discretion, is inappropriate or for any other business reason. In no event does Company assume any responsibility or liability whatsoever for any User Material, and you agree to waive any and all legal or equitable rights or remedies you may have against Company with respect to such User Material.
8. DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY
8.1 THE SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. COMPANY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. COMPANY SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, SERVICE READY DEVICES, AND SERVICE’S SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH THE SERVICE).
8.2 TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL COMPANY, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
8.3 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.
8.4 NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NONWAIVABLE STATUTORY RIGHTS THAT MAY APPLY TO YOU.
8.5 IF ANY PROVISION OR PROVISIONS OF THESE TERMS OF USE SHALL BE HELD TO BE INVALID, ILLEGAL, OR UNENFORCEABLE, THE VALIDITY, LEGALITY AND ENFORCEABILITY OF THE REMAINING PROVISIONS SHALL REMAIN IN FULL FORCE AND EFFECT.
9 . IN TELLECTUAL PROPERTY
9.1 Company’s Protections. The Service, including all content provided on the Service, is protected by copyright, trade secret or other intellectual property laws and treaties.
9.2 Claims of Copyright Infringement. If you believe your work has been reproduced or distributed in a way that constitutes copyright infringement or are aware of any infringing material available through the Service, please send such notice by mail to:
Attn: Copyright Agent
Cineverse Entertainment Corp
237 West 35th Street, Suite 605
New York, NY 10001
We will process each notice of an alleged infringement and take appropriate action in accordance with applicable intellectual property laws. To be effective, the notification must be in writing and contain the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the Service that is reasonably sufficient to enable Company to identify and locate the material; (4) how Company can contact you; (5) a 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 (6) a statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner of an exclusive right in the material.
10. GOVERNING LAW
10.1 These Terms of Use shall be governed by and construed in accordance with the laws of the state of New York, U.S.A., without regard to conflict of laws provisions.
1 1 . ARBITRATION OF CLAIMS
11.1 Arbitration Agreement. You and Company agree that any dispute, claim or controversy arising out of or relating in any way to the Service, these Terms of Use, and this arbitration agreement set forth in Section 11 of these Terms of Use, shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to limited review by courts. Arbitrators can award the same damages and relief that a court can award. 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 yo u and Company are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this agreement and the termination of your Service membership.
11.2 Notice of Claim. If you decide to seek arbitration or file a claim in small claims court, you must first send notice to Company, by certified mail (the “Notice”). The Notice must be addressed to General Counsel, 237 West 35th Street, Suite 605 New York, NY 10001 (the “Notice Address”). If Company initiates an arbitration, it will send a written Notice to the email address used for your membership. A Notice, whether sent by you or Company, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific re lief sought (a “Demand”). If Company and you do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or Company may commence an arbitration proceeding or file a claim in small claims court.
11.3 Form Notice and Filing Fees. 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, after Company receives notice at the Notice Address that you have commenced an arbitration, Company will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than U.S. $10,000, in which event you will be responsible for filing fees.
11.4 Arbitration Rules. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this agreement, 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 Company and you agree otherwise, any arbitration hearings will take place in the county of your residence.
11.5 Amount of Claim. If your claim is for U.S. $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in - person hearing as established by the AAA rules. If your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator hall issue a reasoned written decision sufficient to explain the essential finding and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Company’s last written settlement offer made before an arbitrator was selected (or if Company did not make a settlement offer before an arbitrator was selected), then Company will pay you the amount of the award or U.S. $1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
11.6 No Class Action. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Company 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 contained in Section 11 of these Terms of use shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
• 1 2 . SEVER ABILITY If any provision or provisions of this Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
• 1 3 . CUSTOMER SERVICE If we can assist you, please do not hesitate to contact our customer service department by reaching out at support@retrocrush.tv. We are happy to assist you.
Thank you for reading these Terms of Use, and we look forward to you joining us in the RetroCrush experience!