Terms of service
Effective: April 1st, 2020
Welcome to What a TV!
We’ve drafted these Terms of Service (which we call the “Terms”) so you’ll know the rules that govern our relationship with you. Although we have tried our best to strip the legalese from the Terms, there are places where these Terms may still read like a traditional contract. There’s a good reason for that: These Terms do indeed form a legally binding contract between you and What a TV Inc. So please read them carefully.
By using What a TV, or any of our other products or services that link to these Terms (we refer to these collectively as the “Services”), you agree to the Terms. Of course, if you don’t agree with them, then don’t use the Services.
ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE A LITTLE LATER ON. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND WHAT A TV INC. AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND WHAT A TV INC. WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
1. Description Of Service; Registration
We are like a cable company - but online - where regular users can also create a TV channel using their videos streaming them 24 x 7. These channels are available to watch from any of our mobile apps.
2. Who Can Use the Services
No one under 18 is allowed to create an account or use the Services. By using the Services, you state that:
If you are using the Services on behalf of a business or some other entity - including Services on behalf of an entity of the U.S. Government or any other government - you state that you are authorized to grant all licenses set forth in these Terms and to agree to these Terms on behalf of that business or entity.
What a TV Inc is under no obligation to accept any individual as a user, and may accept or reject any registration in its sole and complete discretion.
3. Rights We Grant You
What a TV Inc. grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Services. This license is for the sole purpose of letting you use and enjoy the Services’ benefits in a way that these Terms and our usage policies, such as our Community Guidelines, allow.
Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.
You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have our written permission to do so.
4. Rights You Grant Us
Our Services let you upload, post, send, receive, and store content. When you do that, you retain whatever ownership rights in that content you had to begin with. But you grant us a license to use that content.
All videos that are set to be viewable by Everyone it is considered “Public Content.” For all content you submit to the Services other than Public Content, you grant What a TV Inc. and our affiliates a worldwide, royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute that content. This license is for the limited purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones.
Because Public Content is inherently public and chronicles matters of public interest, the license you grant us for this content is broader. For Public Content, you grant What a TV Inc., our affiliates, and our business partners all of the same rights you grant for non-Public Content in the previous paragraph, as well as a perpetual license to create derivative works from, promote, exhibit, broadcast, syndicate, publicly perform, and publicly display Public Content in any form and in any and all media or distribution methods (now known or later developed). To the extent it’s necessary, when you appear in, create, upload, post, or send Public Content, you also grant What a TV Inc., our affiliates, and our business partners the unrestricted, worldwide, perpetual right and license to use your name, likeness, and voice, including in connection with commercial or sponsored content. This means, among other things, that you will not be entitled to any compensation from What a TV Inc., our affiliates, or our business partners if your name, likeness, or voice is conveyed through the Services, either on the What a TV application or on one of our business partner’s platforms.
While we’re not required to do so, we may access, review, screen, and delete your content at any time and for any reason, including to provide and develop the Services or if we think your content violates these Terms. You alone, though, remain responsible for the content you create, upload, post, send, or store through the Service.
The Services may contain advertisements. In consideration for What a TV Inc. letting you access and use the Services, you agree that we, our affiliates, and our third-party partners may place advertising on the Services. Because the Services contain content that you and other users provide us, advertising may sometimes appear near, in front, through your content.
We always love to hear from our users. But if you provide feedback or suggestions, just know that we can use them without compensating you, and without any restriction or obligation to you.
5. The Content of Others
Much of the content on our Services is produced by users, publishers, and other third parties. The content is the sole responsibility of the person or organization that submitted it. Although What a TV Inc. reserves the right to review or remove all content that appears on the Services, we do not necessarily review all of it. So we cannot—and do not—take responsibility for any content that others provide through the Services.
Through these Terms and our Community Guidelines, we make clear that we do not want the Services put to bad uses. But because we do not review all content, we cannot guarantee that content on the Services, or that our users’ use of our Services, will always conform to our Terms or Guidelines.
6. Privacy
Your privacy matters to us. You can learn how we handle your information when you use our Services by reading our Privacy Policy. We encourage you to give the Privacy Policy a careful look because, by using our Services, you agree that What a TV Inc. can collect, use, and share your information consistent with that policy.
7. Respecting Others' Rights
What a TV Inc. respects the rights of others. And so should you. You therefore may not use the Services, or enable anyone else to use the Services, in a manner that:
You must also respect What a TV Inc. 's rights and adhere to the Brand Guidelines, and any other brand guidelines published by What a TV Inc. You may not do any of the following (or enable anyone else to do so):
In short: You may not use the Services or the content on the Services in ways that are not authorized by these Terms. Nor may you help anyone else in doing so.
8. Respecting Copyright
What a TV Inc. honors copyright laws, including the Digital Millennium Copyright Act. We therefore take reasonable steps to expeditiously remove from our Services any infringing material that we become aware of. And if What a TV Inc. becomes aware that one of its users has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the user’s account.
We make it easy for you to report suspected copyright infringement. If you believe that anything on the Services infringes a copyright that you own or control, please report it directly on the app. Or you may file a notice with our designated agent:
What a TV Inc.
Attn: Copyright Agent
email: copyrights@whata.tv
Don’t use this email address for anything other than reporting copyright infringement, as such emails will be ignored. To report other forms of infringement, please use the tool accessible here.
If you file a notice with our Copyright Agent, it must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). That means the notice must:
9. Safety
We try hard to keep our Services a safe place for all users. But we can’t guarantee it. That’s where you come in. By using the Services, you agree that:
We also care about your safety while using our Services. So do not use our Services in a way that would distract you from obeying traffic or safety laws. For example, never use What a TV and drive. And never put yourself or others in harm’s way just to use What a TV.
10. Your Account
You are responsible for any activity that occurs in your What a TV account. So it’s important that you keep your account secure. One way to do that is to select a strong password that you don’t use for any other account.
By using the Services, you agree that, in addition to exercising common sense:
If you think that someone has gained access to your account, please immediately reach out to What a TV Support at support@whata.tv.
11. Data Charges and Mobile Phones
You are responsible for any mobile charges that you may incur for using our Services, including any data charges. If you’re unsure what those charges may be, you should ask your service provider before using the Services.
12. Versions and mobile access
You are required to have the most recent version of the What a TV Inc mobile application (the "Mobile Service") on your mobile handset in order to use the Mobile Service. The Mobile Service may be acquired only via the official channels authorized by What a TV Inc. You agree that your access to and right to use the Mobile Service is expressly conditioned on your registering via the authentication process associated with the Mobile Service, which authentication process may include additional terms and conditions applicable to the Mobile Service and any such terms shall form part of this Agreement. Only devices that are supported by What a TV Inc may be used to access the Mobile Service, and you agree that What a TV Inc has no obligation to support any particular make or model, whether or not such make or model is currently or was previously supported by What a TV Inc.
In addition, we continually update and test the What a TV Inc service, including the content library, our website, user interfaces, service levels, plans, promotional features, availability of stream videos, delivery and pricing. We reserve the right to, and by using our service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our service.
13. TV availability and quality of the service
The availability of live TV to watch will change from time to time, and from country to country. The quality of the display of the streaming live TV may vary from app to app, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. What a TV Inc makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching live TV will vary based on a number of factors, including your location, available bandwidth at the time and the channel stream that you have selected.
14. Communication Preferences
By using the What a TV Inc service, you consent to receiving electronic communications from What a TV Inc relating to your account. These communications may involve sending emails to your email address provided during registration that might include notices about your account (e.g., payment authorizations, change in password or Payment Method, confirmation e-mails and other transactional information) and are part of your relationship with What a TV Inc. 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. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from us, such as newsletters about new What a TV Inc features and content, special offers, promotional announcements and customer surveys via email or other methods.
15. Storage Plans, Billing And Cancellation
16. Third-Party Services
If you use a service, feature, or functionality that is operated by a third party and made available through our Services (including Services we jointly offer with the third party), each party’s terms will govern the respective party’s relationship with you. What a TV Inc. is not responsible or liable for a third party’s terms or actions taken under the third party’s terms.
17. Modifying the Services and Termination
We’re relentlessly improving our Services and creating new ones all the time. That means we may add or remove features, products, or functionalities, and we may also suspend or stop the Services altogether. We may take any of these actions at any time, and when we do, we may not provide you with any notice beforehand.
What a TV Inc. may terminate these Terms with you at any time, for any reason, and without advanced notice. That means that we may stop providing you with any Services, or impose new or additional limits on your ability to use our Services. For example, we may deactivate your account due to prolonged inactivity, and we may reclaim your username at any time for any reason.
Iw What a TV terminates these Terms, both you and What a TV Inc. continue to be bound by Sections 4, 7, 10, 11, and 18-25 of the Terms.
18. Indemnity
You agree, to the extent permitted by law, to indemnify, defend, and hold harmless What a TV Inc., our affiliates, directors, officers, stockholders, employees, licensors, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services; (b) your content; and (c) your breach of these Terms.
19. Disclaimers
We try to keep the Services up and running and free of annoyances. But we make no promises that we will succeed.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT PERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE WHAT A TV INC. ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.
WHAT A TV INC. TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH WHAT A TV INC. WILL BE RESPONSIBLE FOR.
20. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WHAT A TV INC. AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF WHAT A TV INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WHAT A TV INC.’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID WHAT A TV INC., IF ANY, IN THE LAST 12 MONTHS.
21. Exclusive Venue
To the extent that these Terms allow you or What a TV Inc. to initiate litigation in a court, both you and What a TV Inc. agree that all claims and disputes (whether contract, tort, or otherwise), including statutory claims and disputes, arising out of or relating to the Terms or the use of the Services will be litigated exclusively in the United States District Court for the city of Miami, Florida.
22. Choice of Law
Except to the extent they are preempted by U.S. federal law, the laws of Florida, other than its conflict-of-laws principles, govern these Terms and any claims and disputes (whether contract, tort, or otherwise) arising out of or relating to these Terms or their subject matter.
23. Severability
If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.
24. Additional Terms for Specific Services
Given the breadth of our Services, we sometimes need to craft additional terms and conditions for specific Services. Those additional terms and conditions, which will be available with the relevant Services, then become part of your agreement with us if you use those Services. If any part of those additional terms and conditions conflicts with these Terms, the additional terms and conditions will prevail.
25. Final Terms
Contact Us
What a TV. welcomes comments, questions, concerns, or suggestions. Please send them to support@whata.tv
Welcome to What a TV!
We’ve drafted these Terms of Service (which we call the “Terms”) so you’ll know the rules that govern our relationship with you. Although we have tried our best to strip the legalese from the Terms, there are places where these Terms may still read like a traditional contract. There’s a good reason for that: These Terms do indeed form a legally binding contract between you and What a TV Inc. So please read them carefully.
By using What a TV, or any of our other products or services that link to these Terms (we refer to these collectively as the “Services”), you agree to the Terms. Of course, if you don’t agree with them, then don’t use the Services.
ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE A LITTLE LATER ON. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND WHAT A TV INC. AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND WHAT A TV INC. WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
1. Description Of Service; Registration
We are like a cable company - but online - where regular users can also create a TV channel using their videos streaming them 24 x 7. These channels are available to watch from any of our mobile apps.
2. Who Can Use the Services
No one under 18 is allowed to create an account or use the Services. By using the Services, you state that:
- You can form a binding contract with What a TV Inc.
- Any registration information you submit to What a TV Inc is true, accurate, and complete, and that you will update such information in order to keep it current.
- You are not a person who is barred from receiving the Services under the laws of the United States or any other applicable jurisdiction - including, for example, that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition.
- You will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.
- You agree to not use the account, username, or password of another user at any time or to disclose your password to any third party. You agree to notify What a TV Inc promptly if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
If you are using the Services on behalf of a business or some other entity - including Services on behalf of an entity of the U.S. Government or any other government - you state that you are authorized to grant all licenses set forth in these Terms and to agree to these Terms on behalf of that business or entity.
What a TV Inc is under no obligation to accept any individual as a user, and may accept or reject any registration in its sole and complete discretion.
3. Rights We Grant You
What a TV Inc. grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Services. This license is for the sole purpose of letting you use and enjoy the Services’ benefits in a way that these Terms and our usage policies, such as our Community Guidelines, allow.
Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.
You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have our written permission to do so.
4. Rights You Grant Us
Our Services let you upload, post, send, receive, and store content. When you do that, you retain whatever ownership rights in that content you had to begin with. But you grant us a license to use that content.
All videos that are set to be viewable by Everyone it is considered “Public Content.” For all content you submit to the Services other than Public Content, you grant What a TV Inc. and our affiliates a worldwide, royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute that content. This license is for the limited purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones.
Because Public Content is inherently public and chronicles matters of public interest, the license you grant us for this content is broader. For Public Content, you grant What a TV Inc., our affiliates, and our business partners all of the same rights you grant for non-Public Content in the previous paragraph, as well as a perpetual license to create derivative works from, promote, exhibit, broadcast, syndicate, publicly perform, and publicly display Public Content in any form and in any and all media or distribution methods (now known or later developed). To the extent it’s necessary, when you appear in, create, upload, post, or send Public Content, you also grant What a TV Inc., our affiliates, and our business partners the unrestricted, worldwide, perpetual right and license to use your name, likeness, and voice, including in connection with commercial or sponsored content. This means, among other things, that you will not be entitled to any compensation from What a TV Inc., our affiliates, or our business partners if your name, likeness, or voice is conveyed through the Services, either on the What a TV application or on one of our business partner’s platforms.
While we’re not required to do so, we may access, review, screen, and delete your content at any time and for any reason, including to provide and develop the Services or if we think your content violates these Terms. You alone, though, remain responsible for the content you create, upload, post, send, or store through the Service.
The Services may contain advertisements. In consideration for What a TV Inc. letting you access and use the Services, you agree that we, our affiliates, and our third-party partners may place advertising on the Services. Because the Services contain content that you and other users provide us, advertising may sometimes appear near, in front, through your content.
We always love to hear from our users. But if you provide feedback or suggestions, just know that we can use them without compensating you, and without any restriction or obligation to you.
5. The Content of Others
Much of the content on our Services is produced by users, publishers, and other third parties. The content is the sole responsibility of the person or organization that submitted it. Although What a TV Inc. reserves the right to review or remove all content that appears on the Services, we do not necessarily review all of it. So we cannot—and do not—take responsibility for any content that others provide through the Services.
Through these Terms and our Community Guidelines, we make clear that we do not want the Services put to bad uses. But because we do not review all content, we cannot guarantee that content on the Services, or that our users’ use of our Services, will always conform to our Terms or Guidelines.
6. Privacy
Your privacy matters to us. You can learn how we handle your information when you use our Services by reading our Privacy Policy. We encourage you to give the Privacy Policy a careful look because, by using our Services, you agree that What a TV Inc. can collect, use, and share your information consistent with that policy.
7. Respecting Others' Rights
What a TV Inc. respects the rights of others. And so should you. You therefore may not use the Services, or enable anyone else to use the Services, in a manner that:
- violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual property right.
- bullies, harasses, or intimidates.
- defames.
- spams or solicits our users.
You must also respect What a TV Inc. 's rights and adhere to the Brand Guidelines, and any other brand guidelines published by What a TV Inc. You may not do any of the following (or enable anyone else to do so):
- use branding, logos, icons, user interface elements, designs, photographs, videos, or any other materials used in our Services, except as explicitly allowed by the Brand Guidelines or other brand guidelines published by What a TV Inc.
- violate or infringe What a TV Inc.’s copyrights, trademarks, or other intellectual property rights.
- copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of the Services or the content on the Services except as set forth in these Terms.
- use the Services, any tools provided by the Services, or any content on the Services for any commercial purposes without our consent.
In short: You may not use the Services or the content on the Services in ways that are not authorized by these Terms. Nor may you help anyone else in doing so.
8. Respecting Copyright
What a TV Inc. honors copyright laws, including the Digital Millennium Copyright Act. We therefore take reasonable steps to expeditiously remove from our Services any infringing material that we become aware of. And if What a TV Inc. becomes aware that one of its users has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the user’s account.
We make it easy for you to report suspected copyright infringement. If you believe that anything on the Services infringes a copyright that you own or control, please report it directly on the app. Or you may file a notice with our designated agent:
What a TV Inc.
Attn: Copyright Agent
email: copyrights@whata.tv
Don’t use this email address for anything other than reporting copyright infringement, as such emails will be ignored. To report other forms of infringement, please use the tool accessible here.
If you file a notice with our Copyright Agent, it must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). That means the notice must:
- contain the physical or electronic signature of a person authorized to act on behalf of the copyright owner.
- identify the copyrighted work claimed to have been infringed.
- identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to let us locate the material.
- provide your contact information, including your address, telephone number, and an email address.
- provide a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- provide a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
9. Safety
We try hard to keep our Services a safe place for all users. But we can’t guarantee it. That’s where you come in. By using the Services, you agree that:
- You will not use the Services for any purpose that is illegal or prohibited in these Terms.
- You will not use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other user’s information.
- You will not use or develop any third-party applications that interact with the Services or other users’ content or information without our written consent.
- You will not use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services.
- You will not use or attempt to use another user’s account, username, or password without their permission.
- You will not solicit login credentials from another user.
- You will not post content that contains or links to pornography, graphic violence, threats, hate speech, or incitements to violence.
- You will not upload viruses or other malicious code or otherwise compromise the security of the Services.
- You will not attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access.
- You will not probe, scan, or test the vulnerability of our Services or any system or network.
- You will not encourage or promote any activity that violates these Terms.
We also care about your safety while using our Services. So do not use our Services in a way that would distract you from obeying traffic or safety laws. For example, never use What a TV and drive. And never put yourself or others in harm’s way just to use What a TV.
10. Your Account
You are responsible for any activity that occurs in your What a TV account. So it’s important that you keep your account secure. One way to do that is to select a strong password that you don’t use for any other account.
By using the Services, you agree that, in addition to exercising common sense:
- You will not create more than one account for yourself.
- You will not create another account if we have already disabled your account, unless you have our written permission to do so.
- You will not buy, sell, rent, or lease access to your What a TV account, a channel name, or a channel nickname without our written permission.
- You will not share your password.
- You will not log in or attempt to access the Services through unauthorized third-party applications or clients.
If you think that someone has gained access to your account, please immediately reach out to What a TV Support at support@whata.tv.
11. Data Charges and Mobile Phones
You are responsible for any mobile charges that you may incur for using our Services, including any data charges. If you’re unsure what those charges may be, you should ask your service provider before using the Services.
12. Versions and mobile access
You are required to have the most recent version of the What a TV Inc mobile application (the "Mobile Service") on your mobile handset in order to use the Mobile Service. The Mobile Service may be acquired only via the official channels authorized by What a TV Inc. You agree that your access to and right to use the Mobile Service is expressly conditioned on your registering via the authentication process associated with the Mobile Service, which authentication process may include additional terms and conditions applicable to the Mobile Service and any such terms shall form part of this Agreement. Only devices that are supported by What a TV Inc may be used to access the Mobile Service, and you agree that What a TV Inc has no obligation to support any particular make or model, whether or not such make or model is currently or was previously supported by What a TV Inc.
In addition, we continually update and test the What a TV Inc service, including the content library, our website, user interfaces, service levels, plans, promotional features, availability of stream videos, delivery and pricing. We reserve the right to, and by using our service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our service.
13. TV availability and quality of the service
The availability of live TV to watch will change from time to time, and from country to country. The quality of the display of the streaming live TV may vary from app to app, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. What a TV Inc makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching live TV will vary based on a number of factors, including your location, available bandwidth at the time and the channel stream that you have selected.
14. Communication Preferences
By using the What a TV Inc service, you consent to receiving electronic communications from What a TV Inc relating to your account. These communications may involve sending emails to your email address provided during registration that might include notices about your account (e.g., payment authorizations, change in password or Payment Method, confirmation e-mails and other transactional information) and are part of your relationship with What a TV Inc. 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. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from us, such as newsletters about new What a TV Inc features and content, special offers, promotional announcements and customer surveys via email or other methods.
15. Storage Plans, Billing And Cancellation
- Storage plans. What a TV offers additional storage plans available for those users with a channel created. These plans are completely optional and allow the user to have more videos uploaded to its channel. These storages are immediately available upon payment, they last one month and all of them are to be auto-renewed until they are manually cancelled.
- Recurring Billing. By getting a storage plan, you authorize What a TV to charge you a monthly fee and its respective applicable taxes at the then current rate - and any other charges you may incur in connection with your use of the What a TV Inc service - to your Payment Method.
- Price Changes. We reserve the right to adjust pricing for our services or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Any price changes to your service will take effect immediately without a previous notice to you.
- Billing Cycle. The storage plan fee for our service will be billed at the beginning of the paying portion of your month and each month thereafter unless and until you cancel your subscription. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying date. Storage plan fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying storage plan began on a day not contained in a given date, we may bill your Payment Method on a day in the applicable date or such other day as we deem appropriate. For example, if you started your What a TV Inc storage plan or became a paying member on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your storage plan. We may authorize your Payment Method in anticipation of storage plan or service-related charges. As used in these Terms of Use, "billing" shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, monthly refers to your billing cycle.
- Upgrades and downgrades of service. You can upgrade - or downgrade - your storage plan at any time. A plan upgrade takes effect immediately, and you will be charged the difference with the plan that you currently have, regardless of how many days you have until your new cycle. A plan downgrade takes effect on your next billing date, and you will be charged the new price on your next billing date
- No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the storage plan previously paid through the end of your current billing period.
- Cancellation. You may cancel your storage plan at any time, and you will continue to have access to storage through the end of your monthly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL SUBSCRIPTIONS.
16. Third-Party Services
If you use a service, feature, or functionality that is operated by a third party and made available through our Services (including Services we jointly offer with the third party), each party’s terms will govern the respective party’s relationship with you. What a TV Inc. is not responsible or liable for a third party’s terms or actions taken under the third party’s terms.
17. Modifying the Services and Termination
We’re relentlessly improving our Services and creating new ones all the time. That means we may add or remove features, products, or functionalities, and we may also suspend or stop the Services altogether. We may take any of these actions at any time, and when we do, we may not provide you with any notice beforehand.
What a TV Inc. may terminate these Terms with you at any time, for any reason, and without advanced notice. That means that we may stop providing you with any Services, or impose new or additional limits on your ability to use our Services. For example, we may deactivate your account due to prolonged inactivity, and we may reclaim your username at any time for any reason.
Iw What a TV terminates these Terms, both you and What a TV Inc. continue to be bound by Sections 4, 7, 10, 11, and 18-25 of the Terms.
18. Indemnity
You agree, to the extent permitted by law, to indemnify, defend, and hold harmless What a TV Inc., our affiliates, directors, officers, stockholders, employees, licensors, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services; (b) your content; and (c) your breach of these Terms.
19. Disclaimers
We try to keep the Services up and running and free of annoyances. But we make no promises that we will succeed.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT PERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE WHAT A TV INC. ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.
WHAT A TV INC. TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH WHAT A TV INC. WILL BE RESPONSIBLE FOR.
20. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WHAT A TV INC. AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF WHAT A TV INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WHAT A TV INC.’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID WHAT A TV INC., IF ANY, IN THE LAST 12 MONTHS.
21. Exclusive Venue
To the extent that these Terms allow you or What a TV Inc. to initiate litigation in a court, both you and What a TV Inc. agree that all claims and disputes (whether contract, tort, or otherwise), including statutory claims and disputes, arising out of or relating to the Terms or the use of the Services will be litigated exclusively in the United States District Court for the city of Miami, Florida.
22. Choice of Law
Except to the extent they are preempted by U.S. federal law, the laws of Florida, other than its conflict-of-laws principles, govern these Terms and any claims and disputes (whether contract, tort, or otherwise) arising out of or relating to these Terms or their subject matter.
23. Severability
If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.
24. Additional Terms for Specific Services
Given the breadth of our Services, we sometimes need to craft additional terms and conditions for specific Services. Those additional terms and conditions, which will be available with the relevant Services, then become part of your agreement with us if you use those Services. If any part of those additional terms and conditions conflicts with these Terms, the additional terms and conditions will prevail.
25. Final Terms
- These Terms (together with any additional terms applicable to specific Services you use) make up the entire agreement between you and What a TV Inc., and supersede any prior agreements.
- These Terms do not create or confer any third-party beneficiary rights.
- If we do not enforce a provision in these Terms, it will not be considered a waiver.
- We reserve all rights not expressly granted to you.
- You may not transfer any of your rights or obligations under these Terms without our consent.
Contact Us
What a TV. welcomes comments, questions, concerns, or suggestions. Please send them to support@whata.tv