TERMS & CONDITIONS
These Terms of Use ("Terms") set out the terms and conditions by which ETN Media IncETN Media, Inc., a Delaware ., whose offices are at 19851 Nordhoff Place, #105, Chatsworth, CA 91311 (hereinafter “ETN”, “Street League Skateboarding”, "we", "us", or "our") offer you access to our Properties. By "Properties" we mean websites, widgets and embedded content, apps on mobile devices, gaming consoles, connected devices or other consumer electronic devices, social media experiences or other places that display, exhibit, or broadcast ETN audio-visual content or where this Policy is otherwise referenced or posted.

Using these Properties indicates your unconditional agreement to these Terms, as updated from time to time. If you are under 18, you must obtain the consent of your parent or guardian to access our Properties. If you are under 13 years old, you are not permitted to register as a user, sign up for any promotional messages (see below), or otherwise provide us any personal information. Supplemental terms may apply to some Properties, such as credit card billing, refund and shipping policies, or rules for a contest or sweepstakes, and are deemed a part of these Terms as appropriate. Our Privacy Policy explains how we treat your "Personally Identifiable Information" and "Non-personally Identifiable Information" as we define those terms in the Privacy Policy. The supplemental terms will apply to the extent there is a conflict with these Terms. These Terms (including the Privacy Policy and any additional terms incorporated by reference) constitute the entire agreement between you and us, and supersede all other written or oral agreements.

Our Properties contain "Property Content" (as defined below) that may include dangerous activities performed by professionals or under the supervision of professionals. Accordingly, ETN asks that you do not attempt or recreate any of the activities performed in our Property Content.
1. PURPOSE AND USE
  • A

    We provide our Properties for entertainment, informational and/or promotional purposes only. We grant you a non-exclusive, non-assignable, non-sublicensable limited license to use our Properties and view our Property Content for your personal, non-commercial use only. "Property Content" means our Properties and all they contain, including but not limited to any video, music, text, images, graphics, sounds, information, URLs, technology, documentation and interactive features included with or available through our Properties, derivative works or enhancements, and all intellectual property rights to the same, including all copyrights, patents, trademarks, service marks, trade names and trade dress.

  • B

    We may from time to time give you the ability to embed certain elements contained in the Properties or Property Content into third party platforms pursuant to the license terms contained herein. If you do so, you may not modify, build upon or block any portion or functionality of the Property Content, including links back to our Properties. You also agree that we have the right to serve ads and collect information through such embed. In addition, you will post your own terms and privacy policy consistent with applicable law, your use of our content, these Terms and our Privacy Policy.

2. USER CONTENT
  • A

    "User Content" includes video, text, images, sounds and any other information (including names and likenesses), material or ideas you provide to us. When you post or otherwise make available User Content, you grant us a universal, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable and transferable right to host, store, use, reproduce, modify, distribute, create derivative works based upon, translate, communicate, publicly display, publicly perform, communicate, transmit, display advertisements in connection with and publish the User Content in whole or in part as we in our sole discretion deem appropriate in any format, media or technology now known or later developed, including for purposes of advertising or promoting the Properties or ETN. You represent that User Content you provide is original with you and does not violate or infringe upon the rights of any third parties, including, without limitation, any intellectual property rights and rights of publicity and/or privacy.

  • B

    You agree and understand that ETN is not obligated to use any User Content you provide and you have no right to compel such use. You understand and acknowledge that ETN has wide access to ideas, stories, designs, and other materials, and that new ideas are constantly being submitted to it or being developed by ETN’s own employees. Many ideas or stories may be competitive with, similar or identical to your User Content in structure, purpose, function, theme, idea, plot, format or other respects. You acknowledge and agree that you will not be entitled to any compensation as a result of ETN’s use of any such similar or identical material. Finally, you acknowledge that, with respect to any claim you may have relating to or arising out of ETN’s actual or alleged exploitation or use of any material you submit to the Properties or ETN, the damage, if any, thereby caused will not be irreparable or otherwise sufficient to entitle you to injunctive or other equitable relief and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.

3. REGISTRATION AND ACCOUNTS; PRIVACY
  • During registration, you will create a user name and password (an "Account"). You are responsible for the activity that occurs under your Account, and for maintaining the confidentiality of your Account. You agree not to provide any false personal information or to create an account for anyone other than yourself. You agree to contact us at Contact Us at help@etnlive.com immediately if you become aware of any breach of security or unauthorized use of your Account.

4. PROMOTIONAL OFFERS
  • All promotional offers, sweepstakes, contests, giveaways and other promotions ("Promotions") we may offer from time to time are subject to these Terms and any supplemental terms we disclose. Generally, with or without notice, we reserve the right to modify, suspend, cancel or terminate any Promotion in appropriate circumstances, including to extend or resume the stated entry period, disqualify any participant or entry, or award prizes in an alternate manner. You are responsible for all costs, expenses or taxes associated with your participation and/or receipt of any prizes or awards. We may condition your participation or receipt of a prize/award on the execution of a release and/or other agreements. By entering any of the Promotions, you automatically consent to and grant us the right to use of your name, image, likeness, statements, biographical information and other information about you for publicity, advertising and promotional purposes, all without additional permission from or compensation to you.

5. PROMOTIONAL MESSAGES
  • A

    Our Properties may include sending you promotional and non-promotional e-mails/ newsletters, text/SMS messages, chat messages, or other electronic or offline messages, and you hereby authorize us to do so. The promotional messages may be recurring, meaning we will continue to send them to you until you unsubscribe via any of our disclosed methods.

  • B

    Text/SMS Messages ("Message Service"). In addition to any terms specifically disclosed when you enroll for a Message Service:
    (1) "Message and Data Rates May Apply" which means that you may be charged message and/or data charges by your wireless carrier depending on your service plan.
    (2) You certify that you are either the account holder or otherwise responsible for paying any wireless carrier charges associated with the Message Service or, if you are under the age of 18, that you have the permission of the account holder/person responsible for any such charges.

6. COPYRIGHT POLICY
  • If you believe that any content appearing on a Property infringes your copyright rights, please forward the following information in writing to our "Copyright Agent":
    (a) your name, address, telephone number, and e-mail address;
    (b) a description of the copyrighted work that you claim has been infringed;
    (c) the exact URL or a description of each place where alleged infringing material is located;
    (d) a statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
    (e) your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
    (f) a statement by you that the information in your notice is accurate, and a statement made under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner's behalf.

  • Our Copyright Agent’s address is:
    ETN Media, Inc
    19851 Nordhoff Place, #105
    Chatsworth, CA 91311
    ksingh@etnmedia.com
    We will review any notices of copyright infringement and take appropriate action, as determined in our reasonable discretion. Inquiries that do not follow this procedure may not receive a response.

7. THIRD PARTY INDEMNITY
  • You agree to indemnify, defend and hold harmless the ETN (as defined below) from and against any and all "Losses" (as defined below) that may arise in connection with: (i) your use of the Properties in violation of these Terms; (ii) User Content provided by you; or (iii) any actual or alleged violation or breach by you of these Terms. "ETN Parties" means ETN and its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries and their related companies. "Losses" means claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs). You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.

8. Payments; Billing; Subscriptions
  • Under these terms, the payment processing services for ETN-related goods and/or services purchased on any of our Properties are provided by NEULION, LIMITED, a subsidiary of NeuLion, Inc. on behalf of NeuLion, Inc., depending on the type of payment method used for the purchase of the goods and/or services.

    a. Subscriptions and other services requiring payment generally require use of a valid credit card. ETN and its business partners reserve the right, in their sole discretion, to establish other acceptable alternative payment methods for specific services or products. You are solely responsible for charges owed for all goods and services purchased through this site, including, but not limited to, applicable taxes, shipping charges, insurance, and any other costs.

    b. Internet Access Charges. As a user of ETN properties, you are responsible for any costs you incur to access the internet.

    c. ETN may offer free Content on occation, ETN charges a fee to access the ETN LIVE services that require a subscription in order to offer Content that ETN would not otherwise be able to make available without charging a fee.
    You can find the specific details regarding your subscription at any time by logging in on the ETN website and clicking on Account from the menu.
    Because the Service is offered in multiple time zones, for consistency, a “day” for purposes of these Terms of Service begins at 12:00 a.m. Pacific Time and ends at 11:59 p.m. Pacific Time of that same calendar day.

    d. Billing. By providing a credit card or other payment method accepted by ETN (“Payment Method”) for your subscription, you are expressly agreeing that ETN is authorized to charge you a subscription fee, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of your subscription to the Payment Method. If you want to use a different Payment Method than the one you signed up to use during registration, or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by logging in on the ETN website and clicking on Account under your name. When you provide a Payment Method to access a subscription, including in connection with a free trial offer (if applicable), our system will attempt to verify the information you entered. ETN does this by processing an authorization hold on your credit card. ETN does not charge you in connection with this authorization hold. If your Payment Method expires and you do not update your Payment Method information or cancel your account, you authorize ETN to continue billing, and you will remain responsible for any uncollected amounts. If you fail to update your Payment Method, reserves the right to cancel your subscription until payment is received.
    As used in these TOS, “billing” shall indicate either a charge or debit, as applicable, against your Payment Method. The subscription fee will be billed at the beginning of your subscription or expiration of your free trial period, if any, whichever is earlier, and on each renewal date thereafter (monthly or annually as applicable) unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to these TOS. To see the commencement date for your next renewal period, log in on the ETN website and click on Account from the menu.
    ETN will automatically bill your Payment Method each month or year (depending on the length of your subscription) on the calendar day corresponding to the commencement of your subscription. As in the case with monthly subscriptions, in the event your subscription began on a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, if you became a paying subscriber on January 31, your Payment Method would next be billed on February 28. If you change your Payment Method, this could result in changing the calendar day upon which you are billed. You acknowledge that the amount billed each monthly or annual period may vary due to promotional offers, changes in your subscription, and changes in applicable taxes, and you authorize ETN to charge your Payment Method for the corresponding amounts. If ETN changes the subscription fee or other charges for your subscription, ETN will give you advance notice of these changes by email. However, ETN will not be able to notify you of changes in any applicable taxes.
    Very rarely, if there are special circumstances where ETN determines it is appropriate (e.g., your subscription Service is unavailable for days due to technical difficulties), ETN may provide credits to affected subscribers. The amount and form of such credits, and the decision to provide them, are at ETN’s sole and absolute discretion, and the provision of credits in one instance does not entitle anyone to credits in the future under similar or different circumstances.

    e. Ongoing Subscription and Cancellation. Your subscription will continue in effect on a month-to-month or annual basis (depending on subscription selected) unless and until you cancel your subscription or the account or Service is otherwise suspended or discontinued pursuant to these TOU. You must cancel your subscription at least twenty-four hours before your monthly or annual renewal date in order to avoid the next billing period. ETN will bill the monthly or annual subscription fee plus any applicable taxes to the Payment Method you provide to ETN during registration (or to a different Payment Method if you change your account information). If you cancel your subscription, cancellation will be effective at the end of the current monthly period or annual period – this means that you will have continued access to your subscription for the remainder of that period, but you will not receive a refund. You can cancel your subscription by logging into your Account either on a ETN website or the third party website hosting your Account and subscription (as applicable, i.e. ETN, iTunes, Google Play, Amazon Prime, etc.) and clicking “Cancel Subscription” or any other similarly identifiable selection to effectively cancel the subscription.

    f. Unpaid Amounts. It is important that each subscriber honor the payment obligations to which the subscriber agreed. Accordingly, ETN reserves the right to pursue any amounts you fail to pay in connection with your subscription. You will remain liable for all such amounts and all costs incurred in connection with the collection of these amounts, including, without limitation, bank overdraft fees, collection agency fees, reasonable attorneys’ fees, and arbitration or court costs.

    g. Free Trials. On occasion, ETN may be authorized to offer free trials to a subscription for certain qualifying users. If ETN offers you a free trial, the specific terms of your free trial will be stated in the material describing the particular free trial. ETN is unable to accommodate combining free trials with any other offers. To view the specific details regarding your free trial, if any, log in on the appropriate ETN website and click on Account under your name.

  • Once your free trial period ends, ETN will begin billing your Payment Method for the subscription fees corresponding to your subscription (plus any applicable taxes), unless you cancel prior to the end of your free trial. For that reason, unless otherwise indicated in the free trial description, you may be asked to set up a valid Payment Method when redeeming a free trial offer.

    It is very important to understand that you will not receive a notice from ETN that your free trial has ended or that your paying subscription has begun. If you wish to avoid charges to your Payment Method, you must cancel your subscription prior to midnight Eastern Time on the last day of your free trial period. You can cancel your subscription by logging into your ETN Account and clicking “Cancel Subscription.” ETN will continue to bill your Payment Method for your subscription until you cancel or the account or applicable service is otherwise suspended or discontinued pursuant to these TOU. You may cancel your subscription at any time as described in the Subscription and Cancellation section of these TOU. To the extent subscriptions are offered in conjunction with purchases of, or payment for, third party products or services, you agree that ETN will not be liable to you for any claims arising out of or related to your purchase or use of such third party products or services.

9. WARRANTIES; LIABILITY
  • A

    YOU EXPRESSLY AGREE THAT USE OF OUR PROPERTIES IS AT YOUR SOLE RISK. OUR PROPERTIES (INCLUDING WITHOUT LIMITATION SOFTWARE) AND ALL ASSOCIATED CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DO NOT MAKE ANY COMMITMENTS ABOUT ANY CONTENT WITHIN OUR PROPERTIES, ANY SPECIFIC FUNCTIONS OR THE RELIABILITY, ACCURACY, SECURITY, TIMELINESS, NON-INFRINGEMENT, OR AVAILABILITY OF OUR PROPERTIES OR ANY ASSOCIATED CONTENT TO MEET YOUR NEEDS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ALL OTHER IMPLIED WARRANTIES.

  • B

    WHEN PERMITTED BY LAW, THE ETN PARTIES WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE ETN PARTIES FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT THAT YOU PAID US TO USE THE PROPERTIES (OR, IF WE CHOOSE, TO SUPPLY YOU WITH THE PROPERTIES AGAIN).

    BY ACCESSING THE PROPERTIES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS:

    "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."

  • C

    YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH ANY OF OUR PROPERTIES OR THESE TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. THIS PROVISION IS NOT APPLICABLE IN NEW JERSEY.

10. DISPUTES; ARBITRATION; CLASS ACTIONS; JURY TRIAL
  • These Terms are governed by the laws of the State of California without giving effect to the principles of conflicts or choice of laws, except that the Federal Arbitration Act will apply as described below. By using the Properties in any way, you unconditionally consent and agree that:

    (a) any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against the ETN Parties arising out of, relating to, or connected in any way with the Properties or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration conducted before a sole arbitrator in accordance with the rules of JAMS (Judicial Arbitration and Mediation Services), except that either party may bring any applicable claim in small claims court.

    (b) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16.

    (c) the arbitration shall be held in Los Angeles, California.

    (d) the arbitrator’s decision shall be controlled by the terms and conditions of this Agreement and any of the other agreements referenced herein that the applicable user may have entered into in connection with the website.

    (e) the arbitrator shall apply California law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law.

    (f) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only your and/or the applicable ETN Party’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.

    (g) BY AGREEING TO THESE TERMS YOU ARE WAIVING ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.

    (h) the arbitrator shall not have the power to award punitive damages against you or any ETN Party.

    (i) if the administrative fees and deposits that must be paid to initiate arbitration against any ETN Party exceed $125 USD, and you are unable to pay any fees and deposits that exceed this amount, ETN agrees to pay them and/or forward them on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, ETN will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.

    (j) with the exception of subpart (f) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (f) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor ETN shall be entitled to arbitrate their dispute.

11. AMENDMENTS; ASSIGNMENT
  • You agree that ETN may update these Terms at any time, and it is your obligation to check for updates. Updates do not apply retroactively. You may not assign these Terms or assign any rights or delegate any obligations hereunder, in whole or in part.

12. MISCELLANEOUS
  • A

    Except as provided in these Terms, these Terms constitute the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous written or oral agreements between the parties with respect to the subject matter hereof.

  • B

    These terms do not create any rights in favor of any third party. Our failure to take action to enforce our rights does not mean that we give up those rights or cannot take such action in the future.

  • C

    If you access the Properties from locations outside of the U.S. you do so on your own initiative and at your own risk, and you are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

  • D

    If a provision in these terms is found to be illegal or unenforceable, that provision shall be removed from these Terms and the remaining terms of these Terms shall remain in force.

  • E

    At any time and for any reason or no reason we may restrict, suspend or terminate your access to the Properties, terminate your Account, and add, remove or modify functionality.

  • F

    When using our Properties, you agree to comply with all applicable laws and regulations.

  • G

    You agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of these Terms.

  • H

    Our Properties may link or contain links to other websites maintained by our licensors, affiliates and/or third parties. We do not operate, control or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links and any content posted on third-party websites.

  • I

    If you have a question, concern or complaint about these Terms, you can contact us by emailing help@etnlive.com.

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