Welcome! This website, mobile application or service is owned and operated by ETN Media, Inc. (“ETN Media” “us,” “our,” or “we”). ETN Media provides an over-the-top video service that consists of websites located at etnmedia.com, etnlive.com, subdomains and mobile versions of any of these sites, and any other website on which we post these Terms (the “Site(s)”), certain mobile applications (“Mobile App(s)”), as well as videos, movies, shows, articles, and other video, written or audio content (“Content”). We may refer to our Site, Mobile App, Content, as well as any other players, frameworks, systems, tolls, or other services we may make available to you as our “Services”.
These Terms set forth the terms and conditions upon which you may access and use our Services. Through your access to or use of our Services, you consent to the practices described in these Terms. If you do not agree to these Terms, you should immediately stop using our Services.
We provide our Service for entertainment, informational and/or promotional purposes only. We grant you, subject to your compliance with these Terms, a non-exclusive, non-assignable, non-sublicensable, limited license to use our Service and view the Content for your personal, non-commercial use only.
2.1. Our Content
All Content, copyrights and other intellectual property rights in the Content, including without limitation design, text, graphics, interfaces, and the selection and arrangements thereof, are owned by ETN Media, or in some cases may be licensed to ETN Media by third parties, with all rights reserved. All trademarks displayed on our Service are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of such parties. You may not remove, obscure, deface, modify, or in any way obstruct any trademarks, service marks, or other labels which appear in the Content. Similarly, you may not use any trademarks or links to the websites of third parties in a manner that implies, directly or indirectly, that those third parties endorse or have any affiliation with ETN Media.
Except as expressly provided in these Terms, in accordance with applicable law, or in a valid written agreement between you and ETN Media, you are prohibited from making any unauthorized copy of the Content, using the Content for purposes not set forth in these terms, or from performing or displaying any Content except in accordance with the conditions of these Terms. For the avoidance of doubt, you are expressly prohibited from stream-capturing, reproducing, rebroadcasting, retransmitting, or otherwise performing, using, copying, modifying, distributing, replicating, translating, or creating any other derivative work of any kind based on the Content, using any form of data extraction or data mining process or procedure on the Content, or otherwise exploiting or using the Content, commercially or otherwise, without prior written permission of an authorized officer of ETN Media. With the exception of search engines, you agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the Content contained therein without prior written permission of an authorized officer of ETN Media.
2.2. Third-party Services and Content
2.3. Site and Mobile Application
Our Site and Mobile App are protected by copyright and may not be sold, redistributed, copied, made available to the public, or part of a derivative work created by you without the express written consent of ETN Media. You may not attempt to decompile, reverse engineer, disassemble or otherwise modify our Site or Mobile App, or in any way compromise the security of data stored or transmitted by our Site or Mobile App.
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’s login credentials. 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 email@example.com immediately if you become aware of any breach of security or unauthorized use of your Account. If you are under 18, you must obtain the consent of your parent or guardian to access our Service. 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.
Under these Terms, the payment processing services for the Service for ETNLive.com will be provided by Neulion Limited, on behalf of ETN Media, depending on the type of payment method used for the purchase of the Service..
Subscriptions and other services requiring payment generally require use of a valid credit card. ETN Media 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 any goods and services purchased through our Service, including, but not limited to, applicable taxes, shipping charges, insurance, and any other costs.
4.2. Internet Access Charges.
You are responsible for any costs you incur to access the internet and download or stream any Content or other data that is sent to you through the Service.
4.3. Free Content
ETN Media may offer free Content on occasion, in its sole discretion. ETN Media reserves the right to make available at no cost to registered and/or unregistered users any Content, regardless whether it is, or was, available through a subscription or upon registration.
You can find the specific details regarding your subscription at any time by logging in to the Service 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.
By providing a credit card or other payment method accepted by ETN Media (“Payment Method”) for your subscription, you are expressly agreeing that ETN Media 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 in your account settings. If your Payment Method expires and you do not update your Payment Method information or cancel your account, you authorize ETN Media to continue billing, and you will remain responsible for any uncollected amounts. If you fail to update your Payment Method, ETN Media 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 to the Service and click on Account from the menu.
ETN Media 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 Media to charge your Payment Method for the corresponding amounts. If ETN Media changes the subscription fee or other charges for your subscription, ETN Media will give you advance notice of these changes by email. However, ETN Media will not be able to notify you of changes in any applicable taxes.
Very rarely, if there are special circumstances where ETN Media determines it is appropriate (e.g., your subscription Service is unavailable for days due to technical difficulties), ETN Media may provide credits to affected subscribers. The amount and form of such credits, and the decision to provide them, are at ETN Media’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.
4.5. 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 Terms. You can cancel your subscription by logging into your Account (as applicable, i.e. ETN Media, iTunes, Google Play, Amazon Prime, etc.) and clicking “Cancel Subscription” or any other similarly identifiable selection to effectively cancel the subscription. ETN Media will bill the monthly or annual subscription fee plus any applicable taxes to the Payment Method you provide to ETN Media during registration (or to a different Payment Method if you change your account information). You must cancel your subscription at least twenty-four hours before your monthly or annual renewal date in order for your cancellation to take effect before your subscription renews. All cancellations are effective at the end of the current monthly or annual period – this means that you will have continued access to your subscription for the remainder of the applicable period. You are not eligible to receive a refund (whether pro-rata or in full) for any subscription payments made before your cancellation takes effect.
4.6. Unpaid Amounts.
It is important that each subscriber honor the payment obligations to which the subscriber agreed. Accordingly, ETN Media 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.
4.7. Free Trials.
On occasion, ETN Media may be authorized to offer free trials to a subscription for certain qualifying users. If ETN Media offers you a free trial, the specific terms of your free trial will be stated in the material describing the particular free trial. ETN Media is unable to accommodate combining free trials with any other offers. To view the specific details regarding your free trial, if any, log in to the Service and click on “Account” under your name.
Once your free trial period ends, ETN Media 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 Media that your free trial has ended or that your paying subscription has begun. If you wish to avoid charges to your Payment Method, you should cancel your subscription no less 24 hours prior to the end of your free trial period. You can cancel your subscription by logging into your ETN Media Account and clicking “Cancel Subscription” or by using the cancellation method provided by your device/OS subscription platform (i.e. the Google Play Store or Apple iTunes/App Store.) ETN Media 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 Terms. You may cancel your subscription at any time as described in the Subscription and Cancellation section of these Terms. To the extent subscriptions are offered in conjunction with purchases of, or payment for, third party products or services, you agree that ETN Media 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.
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.
You may not engage in any of the following when accessing or using Service (including without limitation posting or transmitting content through the Service), and you agree not to use the Service to:
(1) violate or encourage the violation of any local, state, national, or international law or regulation;
(2) collect or store personal data about other users of our Service or solicit personal information from any individual;
(3) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
(4) send or promote any message that is unlawful, libelous, defamatory, abusive, sexually explicit, threatening, vulgar, obscene, profane, disparaging regarding racial, gender or ethnic background, any statement that you have reason to know is false or misleading, or otherwise objectionable messages, as determined by ETN Media in its sole discretion;
(5) infringe any patent, trademark, trade secret, copyright, right of publicity or privacy, or other right of any party, or distribute any content you do not have a right to make available under any law or under contractual or fiduciary relationships;
(6) promote or distribute any unauthorized advertising, promotional materials, or material which can be characterized as "junk mail," "spam," "chain letters," "pyramid schemes," or similar material, any request for or solicitation of money, goods, or services for private gain, or any information posted primarily for advertising, promotional, or other commercial purposes;
(7) disrupt or interfere with the security or use of the Service or any websites or content linked to them;
(8) interfere with or damage the Service, including, without limitation, through the use of viruses, Trojan horses, harmful code, denial of service attacks, packet or IP spoofing, forged routing or email address information or similar methods or technology or disobey any requirements, procedures, policies, or regulations of networks connected to our Service;
(9) attempt to use another user’s account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) ETN Media or create or use a false identity;
(10) attempt to obtain unauthorized access to the Service or portions thereof that are restricted from general access;
(11) use any meta tags or any other “hidden text” utilizing ETN Media’s name, trademarks, or product names;
(12) attempt to reverse engineer or otherwise derive or obtain the code in any form for any software used in the Service;
(13) engage in any activity that interferes with any third party’s ability to use or enjoy the Service; or
(14) assist any third party in engaging in any activity prohibited by these Terms.
Further, without our written consent, you may not use any high volume, automated, or electronic means (including, without limitation, robots, spiders, scripts, or other automated devices) to access the Service or monitor or copy our web pages or the content contained thereon.
We welcome your comments and feedback about our Service. All information and materials submitted to ETN Media through the Service or otherwise, such as any comments, feedback, ideas, questions, designs, data or the like regarding or relating to the Service or the business of ETN Media (collectively, "Feedback"), will be considered NON-CONFIDENTIAL and NON-PROPRIETARY with regard to you, but ETN Media reserves the right to treat any such Feedback as the confidential information of ETN Media.
By submitting Feedback to ETN Media, you assign to ETN Media and its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries and their related companies (the "ETN Media Parties") free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in such Feedback. The ETN Media Parties will be entitled to use any Feedback you submit, and any ideas, concepts, know-how or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services using such Feedback without restriction and without compensating you in any way. You are responsible for the information and other content contained in any Feedback you submit to us, including, without limitation, its truthfulness and accuracy.
In the event that you find Content posted on our Service which you believe to be an infringement of the copyright ownership or other intellectual property rights of your company or any third party, you are requested to immediately contact ETN Media’s Copyright Agent as described below. To report any alleged infringement, please contact us in writing by providing a signed statement containing the following information pursuant to the Digital Millennium Copyright Act ("DMCA"):
(1) your name, address, telephone number, and email address, and if you are acting on behalf of the owner of the intellectual property, the name of the owner;
(2) a statement, made under penalty of perjury, that you are the owner of the copyright or are authorized to act on behalf of the owner;
(3) a detailed description of the copyrighted work or other intellectual property that you claim has been infringed;
(4) if your claim is based on a registered work, the registration number, and the date of issuance of the registration;
(5) a description of the infringing material and the URL where such material is located on the Service, or a description of where on our Service you found such material;
(6) your written statement that you believe, in good faith, that the use of the work on our Service has not been authorized by the true owner of the work, its agent, or as a matter of law; and
(7) a statement that all of the information you have provided is true.
Please send your notice of alleged infringement to us via mail or email at:
ETN Media, Inc.
19851 Nordhoff Place, #105
Chatsworth, CA 91311
firstname.lastname@example.org subject line “DMCA Notice”
In accordance with the DMCA, it is the policy of ETN Media to terminate use of our Service by repeat infringers in appropriate circumstances.
You agree to indemnify, defend and hold harmless the ETN Media Parties from and against any and all "Losses" (as defined below) that may arise in connection with: (i) your use of the Service in violation of these Terms; or (ii) any actual or alleged violation or breach by you of these Terms. "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.
10.1. USE AT YOUR OWN RISK
YOU EXPRESSLY AGREE THAT USE OF OUR SERVICE IS AT YOUR SOLE RISK. OUR SERVICE (INCLUDING WITHOUT LIMITATION ANY CONTENT) 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 SERVICE, ANY SPECIFIC FUNCTIONS OR THE RELIABILITY, ACCURACY, SECURITY, TIMELINESS, NON-INFRINGEMENT, OR AVAILABILITY OF OUR SERVICE 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.
10.2. NO LIABILITY FOR CERTAIN LOSSES
WHEN PERMITTED BY LAW, THE ETN MEDIA 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 MEDIA PARTIES FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT THAT YOU PAID US TO USE THE SERVICE (OR, IF WE CHOOSE, TO SUPPLY YOU WITH THE SERVICE AGAIN).
10.3. WAIVER OF RIGHTS AND CLAIMS
BY ACCESSING THE SERVICE, 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."
10.4. LIMITED TIME TO BRING CLAIMS
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH ANY OF OUR SERVICE OR THESE TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
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 Service in any way, you unconditionally consent and agree that:
(1) Any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against the ETN Media Parties arising out of, relating to, or connected in any way with the Service 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.
(2) 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.
(3) The arbitration shall be held in Los Angeles, California.
(4) 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.
(5) The arbitrator shall apply California law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law.
(6) 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 Media Party’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
(7) BY AGREEING TO THESE TERMS YOU ARE WAIVING ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.
(8) The arbitrator shall not have the power to award punitive damages against you or any ETN Media Party.
(9) If the administrative fees and deposits that must be paid to initiate arbitration against any ETN Media Party exceed $125 USD, and you are unable to pay any fees and deposits that exceed this amount, ETN Media 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 Media 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.
(10) 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 Media shall be entitled to arbitrate their dispute.
If you access our Service on mobile devices or in our Mobile App, you understand that your mobile carrier’s standard charges will apply. When you download our Mobile App, you will also be subject to any terms imposed by the “store” through which you obtain the Mobile App, if any (e.g. the Apple App Store or Google Play Store, or others).
Any Mobile app installed from the Apple App Store, Google Play Store, or other app “store” must be installed on a device you control or own, and must be used in accordance with any applicable terms from the Apple App Store or other store. The following terms are required by Apple and are applicable if you install our Mobile App from the Apple App Store:
ETN Media, not Apple, is responsible for:
(1) The Content in the Mobile App;
(2) Maintenance or support of the Mobile App;
(3) Any product warranties, whether express or implied;
(4) Addressing any claims of the end-user or any third party relating to the Mobile App or the end-user’s possession and/or use of that Licensed Application, including, but not limited to: (a) product liability claims; (b) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation; and,
(5) The investigation, defense, settlement and discharge of any third party claim that the Mobile App or your possession and use of that Mobile App infringes a third party’s intellectual property rights.
Further, if you install our Mobile App from the Apple App Store, you acknowledge that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and you will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
You agree that ETN Media 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.
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.
14.2. Third Party Beneficiaries
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.
14.3. International Access
If you access the Service 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. You further agree to comply with any and all export control regulations that may apply to your use of the Service and any Content.
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.
14.5. Features and Functionality
At any time and for any reason or no reason we may restrict, suspend or terminate your access to the Service, terminate your Account, and add, remove or modify functionality.
14.6. Compliance with Laws
When using our Service, you agree to comply with all applicable laws and regulations.
You agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of these Terms.
14.8. Electronic Communication
From time to time, we may communicate with you about the Service, your rights, promotions, billing and payments, or other matters. You hereby consent to receive electronic communications from us and further agree that any notices, agreements, disclosures, and other communications that we send to you electronically will satisfy any applicable legal notification requirements. We recommend that you keep a copy of any electronic communications we send to you for your records.
If you have a question, concern or complaint about these Terms, you can contact us by emailing email@example.com.