Univision NOW Terms of Use (Updated)

Effective Date December 19, 2016

INTRODUCTION

D2C, LLC and its affiliates (hereinafter collectively "us" or "we" or "Univision") operates and maintains this website, as well as any and all extensions of our website on third-party social networking sites and user-generated content hosting sites (e.g., Facebook and Twitter), whether existing now or in the future, and applications, any as well as all components, features and downloads that are, or may be, available through the Univision NOW service, or that interact with Univision NOW and display these Terms of Use (collectively, the "Service"). We require that all users of the Service (hereinafter "you") adhere to these Terms of Use and our Privacy Policy (collectively, "Terms.")

By accessing the Service and any of its pages, you indicate your acknowledgement and acceptance of the Terms without limitation or qualification. We may revise these Terms of Use at any time by updating this posting. You should therefore visit this posting to review the Terms of Use from time-to-time as you use the Service.

This agreement is a legally binding agreement between Univision and you concerning the Service. The Univision NOW Service provides subscribers with access to the Univision NOW content streamed over the Internet to your device. Access to and use of the Service is provided by Univision subject to the following Terms. These Terms also apply to any interactive features or downloads that are, or may be, available through the Service that interact with the Service and post these Terms. References to "you" in this Agreement may also include any Authorized Users (as such term is defined herein) established by you, if applicable. If you do not agree to these Terms, please do not use the Service.

PRIVACY POLICY; ADDITIONAL TERMS

Our Privacy Policy describes our practices concerning data that you provide or that we may collect about you through the Service and you consent to our use of data in compliance with the Privacy Policy.

Additional terms may apply to your use of certain features of our Service, including features that are provided by third parties. These terms will be provided to you or posted on the Service to which they apply, and they are incorporated by reference into these Terms. If there is a conflict between these Terms and any additional terms that apply to a particular Service, the additional terms will control.

Sweepstakes, contests, and promotions on the Service may also have additional rules and eligibility requirements, such as certain age or geographic area restrictions. You are responsible for complying with those rules and requirements.

ELIGIBILITY

As a condition of your use of the Service, you represent and warrant that: (a) you have reached the age of majority in your state of residence (which is 18 in a majority of the states) when using the Service; (b) all information you submit to us on the Service is your own information and is truthful and accurate; (c) your use of the Service does not violate any applicable law or regulation and (d) that you are located within the United States with the exception of Puerto Rico. In addition, you must establish an account with Univision tied to the Service ("Account"). All of the foregoing conditions are referred to collectively as the "Eligibility Criteria." We reserve the right to verify your age before any registration or purchase by you is allowed on the Service. Your registration and purchase, if any, may be cancelled or terminated without warning if we have any reason to believe that you may be underage.

COPYRIGHT AND TRADEMARKS; LICENSE

All information and materials made available on the Service, including, but not limited to, text, images, photos, videos, audio, names, marks, logos, and their arrangement, and the layouts, designs, look and feel, and navigational and structural elements (such as page headers, menus, site maps, button icons, scripts, and links) of the Service, as well as any and all underlying technologies employed for the operation of the Service (hereinafter collectively "Service Content"), are proprietary property of Univision and its licensors and are protected by U.S. and international copyright, trademark, and other intellectual property laws. You are only permitted to access and view the Service and Service Content for personal, non-commercial purposes in accordance with these Terms, and may not build a business or other enterprise utilizing any of the Content, whether for profit or not. You may not either directly or through the use of any software, device, internet site, web-based service or other means download, stream capture, store in a database, archive or otherwise copy any part of the Service or Service Content; upload, sell, rent, lease, lend, broadcast, transmit or otherwise disseminate, distribute, display or perform any part of the Service or Service Content; license or sublicense any part of the Service or Service Content; or in any way exploit any part of the Service or Service Content.

Univision grants you a limited, non-exclusive, non-transferable license to access, use, and privately display the Service and the Service Content on your personal Internet-connected devices, solely as provided in these Terms for your personal use and only as long as you continue to meet all of the Eligibility Criteria and are not otherwise in breach of these Terms. Please note that in order to access the Service, your device must be connected to the Internet, and you will be solely responsible for the cost and maintenance of any such Internet connection. Additionally, the Service will only operate on certain hardware and software platforms. It is your sole responsibility to ensure that you have access to the appropriate platforms required to access the Service. Please check the requirements periodically, as Univision reserves the right to change or cease support of any hardware or software platforms at any time.

This license will enable you to view, preview, select, stream and access the Service Content via the Service in accordance with these Terms during the timeframe in which your account is active and for the duration of the access window for each individual Service Content item. Violation of these Terms in any manner automatically terminates the license granted to you herein and obligates you to cease all use of the Service.

Univision may control the maximum number of simultaneous streams per account (across all Service Content on the Service) regardless of the number of devices on which the Service is available. Univision may change the maximum number of simultaneous streams and/or registered devices per account that you may use at any time, in its sole discretion.

PAYMENT FOR SERVICE AND BILLING

Ongoing Subscription

By creating an account for the Service, and providing a credit card or other available payment method ("Payment Method"), you are activating your subscription to the Service (the "Subscription") and are agreeing to pay Univision a subscription fee and any applicable taxes and service fees ("Subscription Fees") for the Service on a designated cycle.

Some Subscriptions begin with a free trial subscription basis for a limited time ("Trial Period"). The first Subscription Fees will automatically be charged to your Payment Method at the conclusion of the Trial Period.

For all other Subscriptions, the first Subscription Fees will be charged to your Payment Method on the day that you make your Subscription purchase. Thereafter, the Subscription Fees will be charged to your Payment Method on a recurring basis in accordance with your designated cycle. The Subscription Fees charged to your Payment Method may vary from time to time due to changes in your subscription plan or applicable taxes, and you authorize Univision to charge your Payment Method for these amounts.

Billing Cycle

The Subscription Fees will be billed either at the conclusion of the free trial period or on the day you make your Subscription purchase and on an ongoing, regular basis unless you cancel your Subscription. Note that the timing of your billing may change (i.e. in the event of a problem with your Payment Method, such as an expired credit card).

Updating Payment Method

You may update your Payment Method at any time by logging in, clicking on "My Account" and then clicking on "Billing and Payment." Enter your new payment information and click "Update". This must be done via the www.UnivisionNOW.com website; account maintenance is not supported in-app.

If at any time Univision is unable to charge your Payment Method for the Subscription Fees due to insufficient funds, expired or invalid account details, or otherwise, you remain responsible for the cost of such Subscription Fees. A change in your Payment Method may result in changes to your prior billing cycle. It is your responsibility to update and maintain the Payment Method associated with your Subscription Fees. In the event your Payment Method is unable to cover the Subscription Fee, we reserve the right to suspend your respective accounts and access to the Service, until such time as the Payment Method has been updated to permit the charging of the Subscription Fee.

Cancellation

You can cancel your Subscription to the Service at any time by logging in, clicking on "My Account", clicking on "Subscription". and then clicking on "Cancel Subscription". This must be done via the www.UnivisionNow.com website or from the App Store or Google Play Store where you purchased the app (please visit https://support.apple.com/en-us/HT202039 for details if you purchased through the App Store or https://support.google.com/googleplay/answer/2476088?hl=en if purchased through Google Play); account maintenance is not supported in-app. Contact 866-725-4057 for more information.

Please note that you must cancel your Subscription before it renews for a subsequent term (e.g., monthly or annually depending on your elected subscription plan) in order to avoid being charged for the next plan's Subscription Fees. If you cancel your Subscription, the cancellation will become effective at the end of the then-current Subscription period.

No Refunds

REFUNDS WILL NOT BE PROVIDED FOR ANY SUBSCRIPTION. WE DO NOT PROVIDE CREDIT, REFUNDS, OR PRORATED BILLING FOR SUBSCRIPTIONS THAT ARE CANCELLED MID-BILLING CYCLE. In such a circumstance, you will continue to have access to your Subscription until the end of the billing cycle. We reserve the right to offer refunds, discounts or other consideration in select circumstances at our sole discretion. Please note that each circumstance is unique and the election to make such an offer in one instance does not create the obligation to do so in another.

Trials and Promotional Offers

The Service may be offered to certain users on a free trial subscription basis for a limited time ("Trial Period"). Univision is under no obligation to provide a Trial Period, and Trial Periods may not be available at all times. Univision reserves the right, in its absolute discretion, to determine your eligibility for a Trial Period. The specific terms of the Trial Period will be stated in the marketing material describing the particular Trial Period. Your subscription starts at the beginning of the Trial Period and the first Subscription Fees will automatically be charged to your Payment Method at the conclusion of the Trial Period. Unless otherwise specified, (1) you may only have one Trial Period before you must begin paying for the Service, and if you exceed this limit, we may charge your Payment Method for any period after the first Trial Period, or suspend your use of the Service, in our sole discretion; (2) you must provide valid Payment Method information to use the Service during the Trial Period ; (3) We may place an authorization on your Payment Method at the beginning of your Trial Period in a nominal amount. Our doing so may reduce your available balance during your Trial Period; (4) if you do not cancel the Service by the end of your Trial Period, you authorize us to automatically charge your Payment Method for the subscription period that follows immediately after the end of your Trial Period; (5) WE MAY NOT SEND YOU NOTICE THAT YOUR TRIAL PERIOD HAS ENDED OR THAT YOUR OBLIGATION TO PAY FOR YOUR SUBSCRIPTION HAS BEGUN; and (6) IF YOU WISH TO AVOID CHARGES TO YOUR PAYMENT METHOD, YOU MUST CANCEL THE SUBSCRIPTION PRIOR TO THE END OF YOUR TRIAL PERIOD.

No refunds, adjustments or price protection will be applied to your Subscription Fees in the event of a new/subsequent discount or promotional offering after you sign-up for the Service. Requirements for a special promotion will be stated at the time each offer is presented. As a condition of these Terms, you agree not to register multiple times for the same promotional offer using multiple names, addresses, email addresses or other means. Any such action shall constitute a violation of these Terms and may result in the termination of your account.

PARENTAL CONTROLS/CONTENT

THE SERVICE CONTAINS MATURE CONTENT, WHICH MAY NOT BE APPROPRIATE FOR CHILDREN. WHERE PRACTICABLE, CONTENT IS RATED ACCORDING TO GUIDELINES ESTABLISHED BY THE MOTION PICTURE ASSOCIATION OF AMERICA OR TELEVISION RATINGS/CONTENT ADVISORIES. HOWEVER, SOME CONTENT MAY NOT BE RATED AND/OR MAY CONTAIN VIOLENCE, SEXUAL CONTENT AND MATURE THEMES. Such Service Content is intended for those persons over the age of 18, or those persons who have received consent from a parent or guardian.

COPYRIGHT CLAIMS

If you believe that any content appearing on the Service has been copied in a way that constitutes copyright infringement under the laws of the United States, please forward the following information to the Copyright Agent named below:

● Your name, address, telephone number, and email address;

● A description of the copyrighted work that you claim has been infringed;

● The exact URL or a description of where the alleged infringing material is located;

● 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;

● An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and

● A statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.

Univision Communications Inc.
5999 Center Drive
Los Angeles, CA 90045-0073
Attn: Assistant General Counsel

E-Mail:
support@univisionnow.com

LIMITATION OF LIABILITY

We use reasonable efforts to include accurate and up-to-date information and materials on the Service. However, information and materials on the Service are provided "as is" without any warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Furthermore, we make no representations as to the accuracy or completeness of the information. The information and materials on the Service may include technical inaccuracies or typographical errors. From time-to-time we may amend, change, add, delete, update or alter the information and/or materials contained in the Service, including information regarding the products and services described or offered on the Service, without notice. We assume no liability for any errors or omissions in the information or materials contained within the Service and expressly disclaim any responsibility to update the information or materials contained within the Service. By using the Service, you acknowledge that we specifically disclaim any liability for any direct, indirect, special, unsolicited or consequential damages, losses or expenses arising out of your access to or use of the Service, even if we have been advised of the possibility of such damages, including liability associated with any viruses or software which may impact a user's equipment.

UNIVISION DOES NOT WARRANT: (1) THAT THE SERVICE, ANY OF THE SERVICES' FUNCTIONS OR ANY CONTENT WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS; (2) THAT DEFECTS WILL BE CORRECTED; (3) THAT THE SERVICE OR THE SERVERS HOSTING THEM ARE FREE OF VIRUSES OR OTHER HARMFUL CODE; OR (4) THAT THE SERVICE OR INFORMATION AVAILABLE THROUGH THE SERVICE WILL CONTINUE TO BE AVAILABLE. UNIVISION SHALL HAVE NO LIABILITY FOR ANY SUCH ISSUES. UNIVISION DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND AS TO QUALITY, AVAILABILITY AND SUBJECT MATTER OF CONTENT. THE SERVICE, INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE SERVICE, ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS."

YOUR ACCESS TO AND USE OF THE SERVICE (INCLUDING THE FUNCTIONS AND CONTENT) IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SERVICE.

UNIVISION WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN THEIR PERFORMANCE DUE TO ANY CAUSE BEYOND THEIR REASONABLE CONTROL, INCLUDING ACTS OF WAR, ACTS OF GOD, ACTS OF THIRD PARTY SERVICE PROVIDERS, EARTHQUAKE, FLOOD, EMBARGO, RIOT, SABOTAGE, LABOR SHORTAGE OR DISPUTE, GOVERNMENTAL ACT, POWER FAILURE OR FAILURE OF THE INTERNET OR COMPUTER EQUIPMENT.

YOU ACKNOWLEDGE AND AGREE THAT IF YOU INCUR ANY DAMAGES THAT ARISE OUT OF UNIVISION ACTS OR OMISSIONS, THE DAMAGES, IF ANY, ARE NOT IRREPARABLE AND ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING OPERATION OF THE SERVICE OR ANY OTHER SERVICE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE, OR OTHER CONTENT OWNED OR CONTROLLED BY UNIVISION.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

INFORMATION SUBMISSIONS

All information and materials (including but not limited to feedback data, documents, questions, comments, and suggestions, but excluding personal information) you submit to us via the Service or email or through other means shall be deemed to become the property of Univision (unless otherwise designated) and we shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute such information and materials to others without limitation. Furthermore, we shall be free to use any ideas, concepts, know-how or techniques contained in such information or materials for any purpose whatsoever, including but not limited to developing, manufacturing and marketing purposes. All personal information you submit to us via the Service or email or through other means may be used by Univision in a manner consistent with our Privacy Policy.

By submitting your personal information to us, you understand and agree that we may disclose your identity as necessary to conduct internal investigation of any abuse of the Service, to cooperate with law enforcement investigation of an alleged illegal activity (e.g., fraud), or in response to a lawful court order or subpoena.

You hereby grant to Univision a non-exclusive, worldwide, perpetual, irrevocable, fully paid up, transferable license, with the right to grant and authorize sublicenses, to use, copy, prepare derivative works of, publicly perform, display, post, publish, transmit, syndicate and distribute all of the information, photos, links, and other media (collectively, "User Submission") you upload to the Service for any purpose and in any media now known or hereafter devised in connection with the development, operation and promotion of the Service and other services provided by Univision, its affiliates, or their respective successors. In addition, you hereby grant permission for the use of the name, likeness, voice, photograph, image and personality of any person depicted or identified in the User Submission, to the extent you provide such information in or with the User Submission, in connection with the User Submission and the exercise of the rights granted in this Section. You will not be entitled to any compensation for the exercise of the foregoing rights. Subject to the foregoing, you shall retain ownership of all User Submission unless otherwise agreed in writing. You understand that Univision does not guarantee confidentiality with respect to any User Submission.

ACCOUNT SECURITY

You are solely responsible for safeguarding your account access information (including username and password). If you share such information with others, you will be responsible for all activities on your account by those with whom you share account access information, including all communications, submissions, purchases, and other transactions and activities conducted under or through your account. You must immediately notify us of any suspected or confirmed unauthorized use of your account access information or any unauthorized or suspicious activity on your account.

THIRD PARTIES

The Service may contain links to third party websites, applications or other online services that are not owned or controlled by Univision. We do not control the content, privacy policies, or practices of any third party websites. Please review the terms of service, including privacy policies, of such third parties.

MOBILE SERVICES

This section contains additional provisions that apply to offerings of the Service designed for wireless devices ("Mobile Features").

It is now possible in the United States (excluding Puerto Rico) for Univision NOW subscribers and customers of the following mobile providers to send and receive text messages and/or data through the Univision NOW SMS/MMS messaging campaign: ACS Wireless, AIO Wireless, ALLTEL, AT&T, Bluegrass Cellular, Boost, Carolina West Wireless, Cellcom, Cellular One, Cellular One of East Central Illinois, Cellular South, Chat Mobility, Cincinnati Bell, Cricket, ECIT, Element Wireless, GCI, Golden State Cellular, Illinois Valley, Immix Wireless, Inland Cellular, iWireless, LongLines Wireless, MetroPCS, Nex-Tech, Northwest Missouri Cellular, NTelos, Plateau Wireless, PTCI, Sprint, T-Mobile, Thumb Cellular, U.S. Cellular, Verizon Wireless, Virgin Mobile USA, and West Central Wireless. Please revisit these terms and conditions from time to time as we may revise this list to add or remove carriers. Services may not be compatible with all handsets and may not be available in all areas.

Your wireless provider may charge for use of Mobile Features, including fees for receipt of text messages or data transmission. In order to receive Mobile Features, your wireless provider may require you to subscribe to additional services, which may require additional fees. These fees are not charged by us, and you should contact your wireless provider before you sign up for Mobile Features to determine what fees, if any, will be charged. In addition, you agree that we may arrange for Mobile Features billing through your wireless provider and that your wireless provider may invoice you for the applicable fees or deduct them from your pre-paid balance.

If you text NOW to 26262, you will receive information about Univision NOW and will be participating in the Univision NOW SMS/MMS messaging campaign(s). By participating in this Univision NOW SMS/MMS messaging campaign(s), you agree that you are the primary owner of the phone number used to subscribe, or have permission from the primary account owner. Messages sent from automated system. You understand that you need not participate in this SMS/MMS messaging campaign to access Univision NOW. When you text ALERTAS to 26262 from your mobile phone, you are subscribing to receive text alerts from Univision. You may unsubscribe from the program at any time by texting STOP NOW to 26262. For additional help, text HELP NOW to 26262 or email support@univisionnow.com. You will receive up to 3 messages per week.

By signing up for a Mobile Service, you agree that we may communicate with you (including, without limitation, by way of third-party messaging services) via SMS text messaging to your mobile phone or device, and that certain information about your usage of the Mobile Service may be communicated to us. In the event you change or deactivate your mobile phone number, you agree to promptly update your account information to ensure that our messages intended for you are not sent to the person who acquires your old number.

INTERNATIONAL USE

The Service is available only within the United States excluding Puerto Rico.

GOVERNING LAW

You agree that these Terms of Use and your use of the Service shall be governed by all applicable Federal laws and the law of the state of New York (without regard to its conflict of laws principles).