1. Description of Service
Powered 4 TV is an online media service, providing our members with access to video and audio streamed over the Internet to computers, smartphones, tablets, Internet-connected TVs, and other devices. Please read and understand the terms below as they are the legal contract that governs your use of our service.
2. Acceptance of Terms and Conditions
These Terms and Conditions govern your use of the Powered 4 TV service, including all features and functionalities, video and streaming, audio, written media, our website and user interfaces, and all content and software associated therewith (the Powered 4 TV service). By using, visiting, or browsing Powered 4 TV services, you accept and agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, do not use the Powered 4 TV service, including our websites and app.
3. Changes to Terms and Conditions
Powered 4 TV reserves the right, from time to time, with or without notice to you, to change the our Terms and Conditions in our sole and absolute discretion. The most current version of these Terms and Conditions can be reviewed by visiting the Powered 4 TV website and clicking on "Terms & Conditions" located on the HOME page. The most current version of the Terms and Conditions will supersede all previous versions. You can see changes from previous versions of the Powered 4 TV Terms and Conditions by contacting us.
4. Access and Use of the Powered 4 TV Service
Access Digital Content The Service may allow you to: (i) access Digital Content on a pay per view basis as a single purchase, (ii) access Digital Content on a subscription basis for viewing over a limited period of time during a subscription period, (iii) access Digital Content on a free or promotional basis for viewing over a limited period of time ("Free Digital Content"). Digital Content may be available on the Service as Pay Per View Content, Subscription Digital Content,� Free Digital Content, or any combination of those. The basis on which Digital Content is available on the Service will be indicated on the product detail page for that Digital Content on the Service. From time to time, we may add or remove Digital Content from the Service and may change the basis on which Digital Content is available on the Service.
License to Digital Content
Subject to your payment of any applicable fees (including applicable taxes) to rent, purchase, or otherwise obtain access to Digital Content, and your compliance with all other terms we specify for Digital Content or the Service, Powered 4 TV grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license, during the applicable Viewing Period, to access, view, use and display the Digital Content in accordance with the Usage Rules, for Non-Commercial, Private Use. As used herein, "Non-Commercial, Private Use" means a presentation of Digital Content for which no fee or consideration of any kind (other than that which you pay to us to view the Digital Content) is charged or received, which takes place in your private home or apartment or, if outside your private home or apartment (e.g., in a hotel room, dorm room, office, or airport waiting lounge) is limited to a private viewing for you and your invitees. Non-Commercial, Private Use specifically excludes any public presentation (e.g., a presentation in a dorm lounge) and any presentation by a place of public accommodation or other commercial establishment (e.g., a bar or restaurant), even if no fee is charged for viewing the Digital Content. To simplify your viewing and management of Digital Content that has a limited Viewing Period (such as Pay Per View Digital Content and Subscription Digital Content), we may automatically remove that Digital Content from your Compatible Device after the end of its Viewing Period, and you consent to such automatic removal. You may not either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices 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.
Availability of Pay Per View Digital Content Pay Per View Digital Content will generally continue to be available to you for streaming from the Service, as applicable, but may become unavailable due to potential content provider licensing restrictions and for other reasons, and Powered 4 TV will not be liable to you if Pay Per View Content becomes unavailable for further streaming.
When you stream Digital Content, the resolution and quality of the Digital Content you receive will depend on a number of factors, including the type of Compatible Device on which you are streaming the Digital Content and your bandwidth, which may go up and down over the course of your viewing. If we detect that Digital Content we are streaming to you may be interrupted or may otherwise not play properly due to bandwidth constraints or other factors, we may decrease the resolution and file size of the Digital Content we stream to you in an effort to provide an uninterrupted viewing experience. While we strive to provide you a high quality viewing experience, we make no guarantee as to the resolution or quality of the Digital Content you will receive when streaming, even if you have paid extra for access to high definition content.
You agree that Powered 4 TV owns and retains all rights to the Powered 4 TV Services. You further agree that the Content you access and view as part of the Powered 4 TV Services is owned or controlled by Powered 4 TV and Powered 4 TV 's licensors. The Powered 4 TV Services and the Content are protected by copyright, trademark, and other intellectual property laws. You may not transfer, copy or display the Digital Content. In addition, you may not: i. sell, rent, lease, distribute, broadcast, sublicense or otherwise assign any right to the Digital Content to any third party; ii. remove any proprietary notices or labels on the Digital Content; iii. attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management system used as part of the Service; or, iv. use the Service or Digital Content for any commercial or illegal purpose.
Suspension and Discontinuation
We hope not to, but we may change, suspend, or discontinue � temporarily or permanently � some or all of the Powered 4 TV Services (including the Content and the devices through which the Powered 4 TV Services are accessed), with respect to any or all users, at any time without notice. You acknowledge that Powered 4 TV may do so in Powered 4 TV 's sole discretion. You also agree that Powered 4 TV will not be liable to you for any modification, suspension, or discontinuance of the Powered 4 TV Services.
We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.
5. Subscription and Payments and Billing
Our subscription service is a dynamic service and the specific Subscription Digital Content available and amount of Subscription Digital Content available will generally change over time. We make no guarantee as to the availability of specific Subscription Digital Content or the minimum amount of Subscription Digital Content available on our subscription. You can find the specific details regarding your account with Powered 4 TV at anytime by clicking on the "My Account" link in the Powered 4 TV web browser client. All transactions, unless otherwise noted, will be billed in UK Pound Sterling (�) .
Your Powered 4 TV subscription will continue in effect unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews each month in order to avoid billing of the next month's membership fees to your Payment Method. We will bill the monthly membership fee at the then current rate plus any applicable tax to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). Subscription fees are fully earned upon payment.
You may cancel your Powered 4 TV subscription at anytime, and cancellation will be effective immediately. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH SUBSCRIPTION PERIODS. Unless otherwise noted, to cancel your subscription, visit Powered 4 TV and click the "Cancel Subscription" function within the "Your Account" page and follow the instructions for cancellation under the heading "Cancel Subscription." If you have any issues with this, message via Social Media or email us at [email protected]
All Rental and Sales Final All purchases and rentals of Digital Content are final. We do not accept returns of Digital Content.
Credit Expiry Unused credits purchased with the Powered 4 TV system will expire after 365 days from purchase.
6. Gift Subscriptions
Gift Subscriptions are designed to be sent to friends and family, so that they can create their own accounts and have full access to all subscription access content. Gift purchasers may opt to send a Gift Subscription notice to their chosen gift recipient on a date within six calendar months of the purchase date.
Gift subscriptions do not automatically renew unless you already have an active subscription to the digital content. At the end of the gift term, if the gift recipient did not already have an active subscription to the digital content, the account�s subscription access will end. If a gift recipient would like to continue viewing content after their gift term, they can purchase their own personal subscription.
The subscription term doesn't begin until the gift recipient redeems their gift code.
Please note that gift subscriptions, which constitute a pre-paid membership subscription to the channel can be purchased and redeemed online only on the channel itself.
Powered 4 TV is not responsible for hardware issues related to your device's access to the channel, so please check with the applicable device maker for compatibility.
Gift subscriptions are not refundable or redeemable for cash, either prior or subsequent to redemption, unless otherwise required by applicable law. Unless otherwise specified, gift subscriptions do not expire, so please keep your gift subscription and subscription code in a safe location as we are not responsible for lost or stolen subscription codes.
7. Account Access; Identity Protection
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or Powered 4 TV compatible device. If you disclose your password to anyone or share your account and/or devices with other people, you take full responsibility for their actions. Where possible, users of public or shared devices should log out at the completion of each visit. If you sell or return a computer or Powered 4 TV compatible device, you should logout and/or deactivate the device before doing so. If you fail to log out or deactivate your device, subsequent users may be able to access certain of your account information.
If you find that you're a victim of identity theft and it involves a Powered 4 TV account, you should notify customer service. Then, you should report this instance to all your card issuers, as well as your local law enforcement agency. Also, you should be mindful of any emails requesting that you submit credit card or other account information. These types of emails, also known as phishing emails, can result in identity theft. Always access your sensitive account information by going directly to the Powered 4 TV website and not through a hyperlink in an email, even if it looks official. Powered 4 TV reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. Powered 4 TV is not obligated to credit or discount a membership for holds placed on the account by either a representative of Powered 4 TV or by the automated processes of Powered 4 TV.
9. Disclaimers of Warranties and Limitations on Liability
THE Powered 4 TV SERVICE, INCLUDING OUR WEBSITE AND USER INTERFACES AS WELL AS OUR CONTENT PROVIDERS, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE Powered 4 TV SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND AND WE AND OUR LICENSORS AND CONTENT PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE Powered 4 TV SERVICE, OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH. Powered 4 TV DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE Powered 4 TV SERVICE, INCLUDING USE OF OUR SOFTWARE OR FUNCTIONALITIES, WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT Powered 4 TV MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE Powered 4 TV SERVICE, INCLUDING FEATURES, WITHOUT COMPENSATION OR NOTICE TO YOU. Powered 4 TV SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, Powered 4 TV READY DEVICES, AND Powered 4 TV SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE). Without limiting the foregoing, we and our licensors and our content providers assume no liability or responsibility for any of the following: (i) recommendations or advice of Customer Service; (ii) any failure or interruption in the availability of the Powered4TV service and/or website or user interfaces; (iii) delivery and or display of any content contained on the Powered4TV website, user interfaces, or otherwise through the Powered4TV service; and (iv) any losses or damages arising from the use of the content provided on the Powered4TV website, user interfaces, or otherwise through the Powered4TV service itself, including any losses or damages arising from downloading of related software, downloading and/or use of any other software, including the remote desktop tool offered by Customer Service, or any conduct by users of the Powered4TV service, website or user interfaces. TO THE EXTENT ALLOWABLE BY LAW, WE AND OUR LICENSORS AND OUR CONTENT PROVIDERS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current. We do not make any representations with respect to the content contained on written media, audio or video from the Powered4TV service or the descriptions of any content contained on our website or user interfaces. We do not represent or guarantee that your use of the Powered4TV service will be free from interruption, loss, corruption, attack, viruses, interference, hacking, or other security intrusion and we disclaim any liability with respect thereto. No oral or written information or advice given by us or our authorized representative shall create a warranty or otherwise constitute a representation binding upon Powered4TV or its affiliated parties.
Powered 4 TV MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING Powered 4 TV READY DEVICES OR THE COMPATIBILITY OF THE DEVICE WITH OUR SERVICE. Additional disclaimers or limitations of liability may be contained in the various software end user license agreements you have agreed to by using our service.
10. Intellectual Property
11. Service Content
We distribute audio and video, and we reserve the right to display and promote the content or other information through our service, including our website and user interfaces, to you in any manner we choose in our sole and absolute discretion. In addition, the Powered 4 TV service allows you and other third parties to post reviews or comments concerning the content distributed by us. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties through the Powered 4 TV service are those of the respective authors or producers and not of Powered 4 TV, or its shareholders, directors, officers, or employees or licensors. Under no circumstances shall Powered 4 TV, or its shareholders, directors, officers, directors, or employees or Licensors be held liable for any loss or damage caused by your reliance on information obtained through the Powered 4 TV service. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Powered 4 TV service.
12. Use of Information Submitted
Powered 4 TV 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 Powered 4 TV service, including the Powered 4 TV website, Social Media and user interfaces, 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 Powered 4 TV service. Furthermore, by posting any Feedback on our site, submitting Feedback to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, royalty-free irrevocable license and right to display, use, reproduce or modify the Feedback submitted in any media, software or technology of any kind now existing or developed in the future.
Please note Powered 4 TV does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Powered 4 TV. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Powered 4 TV 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 idea you sent.
13. Electronic Communications
By using the Powered 4 TV service, you consent to receiving electronic communications from Powered 4 TV and/or the administrator of the channel. These communications will include notices about your account (e.g., password change confirmation e-mails and other transactional information) and information concerning or related to our service. These communications are part of your relationship with Powered 4 TV and you receive them as part of the Powered 4 TV service. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
14. Customer Service
If you need assistance with your account, you may contact Customer Service at any time via email at [email protected]
15. Your Conduct in Accessing the Powered 4 TVService
By accessing the Powered 4 TV service, including the Powered 4 TV website and user interfaces, you agree to use the Powered 4 TV service, including all audio, video, features and functionalities associated therewith, the website and user interfaces and all content and software associated therewith in accordance with all applicable laws, rules and regulations. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Powered 4 TV service. You also agree not to interfere with the servers or networks connected to any portions of the Powered 4 TV service or to violate any of the procedures, policies or regulations of networks connected to the Powered 4 TV service. You also agree not to impersonate any other person while using the Powered 4 TV service, conduct yourself in a vulgar or offensive manner while using the Powered 4 TV service, or use the Powered 4 TV service for any unlawful purpose.
16. Limitations on Use
17. Links and Pages
18. Dispute Resolution
By using the Powered 4 TV service as well as interacting with content from its Content Providers, you are agreeing to the Dispute Resolution document.
19. Claims of Copyright Infringement
It is the policy of Powered 4 TV to respect the intellectual property rights of others. Powered 4 TV does not promote, foster or condone the copying of written media, audio, video, or other digitally delivered content or any other infringing activity. If you believe your work has been copied in a way that constitutes copyright infringement, are aware of any infringing material available through the Powered 4 TV service, or know of someone who is making unauthorized use of the content available through the Powered 4 TV service, please notify us at the address specified below of your concern by submitting a signed written notice containing all of the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest; (ii) Identification of the copyrighted work claimed to have been infringed; (iii) Identification of the material available through the Powered 4 TV service that is claimed to be infringing, and information reasonably sufficient to permit us to locate the material; (iv) Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, if available, your e-mail address; (v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the above information is accurate, and under penalty of perjury, that you are, or are authorized to act on behalf of, the owner of the copyright that is allegedly infringed.
Our copyright email address is [email protected] Please note, however, that in order for your notice to us to be effective under the Digital Millennium Copyright Act, your notice must be in writing and contain the elements described above. We will not be able to respond to any customer service or other issues through this email address. For queries that are not related to copyright matters, please see other ways to contact us.
Counter-Notification: If you are the owner or a person authorized to act on behalf of the owner of the material, which was removed from our service or disabled after we received a copyright infringement notice, and you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material, you may ask that the material be restored by sending us a counter-notification. Section 512(g) of the Copyright Act requires that your counter-notification include all of the following:
(i) Your physical signature; (ii) Identification of the material that had been removed or disabled, including if applicable, the specific URLs where the material appeared before it was removed or disabled; (iii) A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (iv) Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located and that you will accept service of process from the person who provided the copyright infringement notification or an agent of such person.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material was removed or disabled by mistake or misidentification may be subject to liability.
Once we have received your counter-notification, we will forward it in its entirety to the party who submitted the original claim of copyright infringement. The party who submitted the original claim must then notify us with 10 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material, which was the subject of the original claim of copyright infringement. If we receive notice of such an action, we will not restore the material. If we do not receive such notification, we will replace the removed material and cease disabling access to it. Powered 4 TV shall have the right to terminate the account of any member who posts infringing material.