Last Updated: September 8, 2020
These Terms of Service (“Terms”) are a contract between you and Identifi, Inc. (“Identifi,” “we,” or “us”). These Terms govern your use of our “Services,“ which refers to the services provided by Identifi for discovering, watching, and interacting with our content, including our mobile applications, TV applications, and similar players (“Apps”), our websites, and our marketing campaigns. By accepting these Terms or otherwise using the Services, you agree to these Terms. If you don’t agree to any of these Terms, you are not permitted to use the Services.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ALL DISPUTES EXCEPT FOR INJUNCTIVE RELIEF AND DISPUTES ELIGIBLE FOR SMALL CLAIMS COURT WILL BE RESOLVED BY BINDING ARBITRATION AND NOT COURTS, JUDGES, OR JURIES, AND YOUR CLAIMS CANNOT BE BROUGHT AS A CLASS ACTION AGAINST US. Please review Section 18 (“Disputes”) for full details.
We can change these Terms at any time. If we believe a change is material or that we are legally required to provide notice, we’ll use commercially reasonable efforts to let you know before the change takes effect, such as through a notice by email or through the Services. Changes to these Terms that we believe are immaterial are effective immediately upon posting of the new Terms on the Services. By using the Services on or after that effective date, you agree to the new Terms. If you don’t agree with any changes to these Terms, you must immediately stop using the Services, including cancelling any subscriptions and deleting any account(s), as any use of the Services after the effective date of the new Terms will be subject to the new Terms.
Who Can Use Identifi. We want our Service to be as open and inclusive as possible, but we also want it to be safe, secure, and in accordance with the law. So, we need you to commit to a few restrictions in order to be part of the Identifi community. By using the Services, you affirm that
How You Can't Use Identifi. Providing a safe Service for a broad community requires that we all do our part.
Permissions You Give to Us as A “Creator” on the Service. As part of our agreement, you as a “Creator” on the Service also give us permissions that we need to provide the Service.
You may need to register for an account to use all or part of the Services, such as the Apps. When you register for an account or sign up for our mailing list, you may be required to provide us with some information about yourself, including personal information such as your email address, password, and/or year of birth. You represent and warrant that the information you provide to us is accurate. We may require that you change your password or any other information that you provide to us in registering for an account. Your login is for your personal use only and may not be shared by you for others to access your account. You agree to use a strong, unique password for Services that is not used on other services and acknowledge that reusing passwords may lead to others being able to access your account. You, and not Identifi, are responsible for any use or misuse of your account or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your login information or your Services account. Accounts may only be created on certain devices and may then be used across websites and devices made available in your region.
We offer some Services to you for free while other Services require you to first enable a subscription or pay-per-view (PPV) purchases that may require payment (collectively, “Subscription”). Subscriptions may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications with you. Subscription offerings may vary by jurisdiction, including in availability, pricing, and enabled features and content. Any recurring or monthly Subscription will continue and automatically renew until terminated or as otherwise stated during sign-up or other communications with you. You can cancel your Subscription before it renews as set out below in the “Cancellation” section. You can find specific details regarding your Subscription in the Settings of the Apps.
By signing up for a Subscription , you agree that Identifi or its payment processor may charge the fees shown to you during sign up on a periodic basis to the payment method you specify at the time of your initial purchase. All fees for the Subscription are non-refundable to the fullest extent permitted under applicable law. You acknowledge and agree that any fees for the Subscription may increase at any time, subject to any prior notice that we may provide. Additional fees may apply for new features, content, or additions to the Apps that may be made available from time to time, in which case Identifi will provide you with notice in advance of charging the additional fees. In the event Identifi charges additional fees in connection with the Subscription, you will have an opportunity to review and accept the additional fees that you will be charged, prior to being charged. If you do not accept any such additional fees, Identifi may discontinue your access to the Subscription. You acknowledge and agree that Identifi may use Apple Pay, Google Pay, or other third-party payment processors to process fees for the Subscription on our behalf, and that Identifi will not be liable for any errors caused by such third-party payment processors.
We may sometimes offer free or discounted trials to our Subscriptions . If we offer you a trial, the duration, pricing (including whether it’s free), and other details of your trial will be stated either in the material describing the particular trial or during your sign-up for the trial. The terms of such trial offers may change and such offers may expire at any time. Trial offers may vary based on region and the specific user. If you cancel or upgrade your subscription during a trial or while using a promotional code or other credits, your trial may end and the offer may no longer be available.
Some trials will auto-enroll users into normal Subscription fees after the trial period expires. For such plans, you will receive a prompt to accept those terms and the payment processor may charge a small amount to verify that your payment method is valid. Under these plans, once your trial period ends, we will automatically begin billing your payment method for your periodic Subscription fees (plus any applicable taxes), unless you cancel prior to the end of your trial. For that reason, unless otherwise indicated in the trial description, you will be asked to set up a valid payment method when redeeming a trial offer. For existing subscribers who accept a trial to the Apps, at the end of the trial, you may be charged a prorated amount to cover the period between the date the trial ends and the date your next billing period begins. If you don’t want to be charged after your trial period under an auto-enroll trial plan, please cancel your trial Subscription no later than the day before the last day of your free trial period.
Your Subscription will continue on a recurring basis according to its terms unless and until you cancel your Subscription or are otherwise suspended or discontinued pursuant to these terms. You must cancel your Subscription before your next renewal date in order to avoid billing for each renewal period. We or our payment processor will bill the periodic Subscription fee plus any applicable taxes to the active payment method at the time. If you modify your Subscription to switch from one Subscription plan to another during your billing period, you may not have continued access to your original Subscription plan. If you cancel your Subscription, cancellation will be effective at the end of the current billing 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 will also forfeit any service, referral, or redeemed gift card credits upon cancellation, including if you switch your billing method from Identifi’s direct billing to a third-party payment processor like Apple Pay or Google Pay, or vice versa. You can cancel any Subscription by logging into your account online atwww.weidentifi.com and following the instructions in the settings of your account. If you pay for your Subscription through your account with a third party (e.g. through the Google Play store) and want to cancel your Subscription or manage your billing, you may need to do so through your account with such third party.
You acknowledge and agree that Identifi owns all rights, titles, and interest in and to the Services, including: (a) all videos, audio, images, graphics, text, interfaces, information, data, software, and all other elements of the Services, and the design, selection, look, feel, and arrangement thereof; and (b) all intellectual property and other legal rights (including, but not limited to, any and all copyrights, patents, patent applications, trade secrets, trademarks and other intangible rights) therein and thereto. You may not publish, reproduce, distribute, display, perform, edit, adapt, modify, or otherwise exploit any part of the Services or any content or information made available through the Services without Identifi’s written consent or the use of Identifi’s sharing features. You will not acquire or earn any ownership rights in any copyrights, patents, trade secrets, trademarks or other intellectual property rights on account of these Terms or any access to or use of the Services. You agree that all content provided to you through the Services is owned or licensed by Identifi, its service providers, and/or other third parties, and that you will have no ownership rights in such content.
Some content on Identifi may allow interactive commenting or messaging. By commenting in a Identifi show or live stream, you agree that Identifi, its affiliates, and their respective officers, directors, employees, contractors, and agents (collectively, the "Administrators") will not be liable for any technical, administrative, or other problems that may cause commenting to be disrupted or corrupted, or for errors in any promotional or marketing materials related to commenting. If for any reason commenting is not executed as planned or the Administrators have concerns about the fairness, integrity, or other aspects of the commenting, the Administrators may, in their sole discretion, take any action they deem appropriate, including (a) terminating or suspending commenting at any point, or (b) disqualifying, blocking or removing any comments for any reason. By commenting, you agree to release, indemnify and hold the Administrators harmless against any and all claims and liabilities of any kind arising directly or indirectly out of your participation in the commenting.
Subject to your compliance with these Terms and payment of all applicable fees, Identifi hereby grants you a limited, personal, nonexclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services solely for your personal, noncommercial use, as provided herein. The following uses of Services are prohibited:
You may access our Services only via our Apps, supported devices for casting or mirroring, or standard browsers such as Chrome, Safari, Firefox, Internet Explorer, and not with scripts, bots, or other automation code that access our Services to extract content or information ("Crawling"). In addition to the rules about Crawling above, you must not conduct or support Crawling of our Services except with prior written notice to us and in full compliance with the provisions of our robots.txt file. We reserve the right to withdraw permission granted for Crawling for any and all reasons, including, without limitation, our assessment that your Crawling places an excessive load or burden on the Services (as determined by Identifi).
Our Services (including any software, content, or other copyrighted materials) are licensed, not sold to you. You must not copy, adapt, distribute, publicly display or publicly perform any copyrighted materials we make available as part of our Services, except in full compliance with these Terms, which constitute license conditions and limitations, and contractual covenants. You acknowledge that fees, such as those from your mobile carrier or Internet service provider, may apply to the use and operation of your device in connection with your use of the Services, and that you are solely responsible for any such third-party terms and fees.
We will not take legal action against security researchers for violations of relevant restrictions on the use of Service to the extent that they are in compliance with the rules and policies in our responsible vulnerability disclosure program.
You acknowledge the following:
To the fullest extent permitted under applicable law, we will not be liable for any change to or any discontinuation of the Services. You agree that no refunds, discounts, or other consideration shall be provided to you by Identifi or its partners for being unable to access the Services or part of the Services unless legally required.
If you find a security vulnerability in the Services, you must report the issue to us at [email protected] and keep it confidential until we have fixed the vulnerability.
The word “Identifi,” the Identifi logo, the phrase “We Identifi” and other Identifi marks, graphics, and logos are trademarks of Identifi. None of the Identifi trademarks may be used, copied, downloaded, or otherwise exploited without Identifi’s prior written consent in each instance. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Services should be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of Identifi or the owner of the marks, as applicable.
Identifi may use any comments, information, ideas, concepts, suggestions, reviews, techniques, or any other material contained in any communication you send to us (“Feedback”), including customer support inquiries or responses to surveys, worldwide and in perpetuity without compensation, acknowledgment or payment to you for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products and creating, modifying, or improving the Identifi Services. In addition, you agree to waive and not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law.
As permitted by applicable law, Identifi, Identifi’s service providers, and/or Identifi partners may send you communications that (i) solicit Feedback via email, surveys, bug reports, or other methods Identifi may determine; (ii) collect additional information regarding issues you report in your Feedback; (iii) notify you of changes to the Services or these Terms; and (iv) tell you about future Identifi programs, products or services.
Identifi does not accept unsolicited materials or ideas for content. Should you send any unsolicited materials or ideas, you do so with the understanding that (a) there is no implied agreement of any sort between you and Identifi regarding such materials or ideas, (b) no consideration of any sort will be provided to you, (c) neither Identifi nor any of its affiliates is responsible for the alleged or actual similarity of any content or programming in any media to such unsolicited materials, and (d) you are hereby waiving and releasing any and all moral rights or other claims against Identifi and its affiliates related to such materials and ideas, even if any content or programming developed, produced or exploited by Identifi or its affiliates in any manner is substantially similar to the material or idea you submitted to us. Identifi’s standard policy is to return unsolicited materials submitted in writing (and delete any materials submitted electronically) without reviewing them or keeping a copy.
Identifi cares about your issues, thoughts, and concerns. To help us find the best person to address your issue, please email the appropriate contact below:
If you have a question or complaint regarding our Services, please send an e-mail to [email protected] . Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
If you have an issue or concern with the Services, we’d like to try to resolve it informally first. Before filing a legal complaint against Identifi, you agree to try to resolve the dispute informally by contacting [email protected] . We’ll try to resolve the dispute informally by responding to you by email. If the dispute is not resolved within 15 business days of submission, you or Identifi may bring a formal proceeding.
Venue. You and Identifi agree that any judicial proceeding to resolve claims relating to these terms or the Service will be brought in the federal or state courts of Los Angeles County, California, subject to the mandatory arbitration provisions below. Both you and Identifi consent to venue and personal jurisdiction in such courts for any matters not resolved by arbitration as provided below. If you reside in a country (e.g., in the EU or Canada) with laws that give consumers the right to bring disputes in their local courts, this paragraph doesn’t affect those rights.
Arbitration. Unless you are a consumer located in a jurisdiction that prohibits the exclusive use of arbitration for dispute resolution or class action waivers, you also agree to the following mandatory arbitration provisions and class action waivers to the extent they are not prohibited under local, applicable law:
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, TO THE FULLEST EXTENT PERMITTED BY LAW, AND ARE PROVIDED WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WITHOUT LIMITING THE FOREGOING, IDENTIFI, THEIR RESPECTIVE AFFILIATES, SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, PROVIDERS (INCLUDING THOSE WHO HELP ADMINISTER AND OPERATE THOSE SERVICES), AGENTS, AND SUPPLIERS (COLLECTIVELY, THE “IDENTIFI PARTIES”) DO NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, COMPATIBILITY, OR NON-INFRINGEMENT; OR THAT THE SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE; OR AS TO THE ACCURACY, CURRENCY, OR COMPLETENESS OF ANY INFORMATION MADE AVAILABLE THROUGH THE SERVICES, WHETHER PROVIDED IN VIDEO, AUDIO, TEXTUAL, GRAPHICAL, OR OTHER FORM (THE “SERVICE CONTENT”). IDENTIFI PARTIES NO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY PROVIDERS. IDENTIFI PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR ANY DECISIONS YOU MAY MAKE IN RELIANCE ON THE SERVICES OR SERVICE CONTENT, OR FOR ANY DEFECTS OR ERRORS IN THE SERVICE, FOR YOUR USE OF THE APPS WITH HARDWARE THAT DOES NOT MEET THE MINIMUM REQUIREMENTS SPECIFIED BY IDENTIFI, OR FOR YOUR USE OF ANY VERSION OF THE APPS OTHER THAN THE MOST RECENT GENERALLY AVAILABLE RELEASE OF SUCH APPS. YOU EXPRESSLY AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE, OR THE LOSS OF DATA, THAT RESULTS FROM USE OF THE SERVICES.
This paragraph is inapplicable in Quebec: TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL IDENTIFI BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF SAVINGS OR REVENUE, LOSS OF USE, LOSS OF LIFE OR HEALTH, THE CLAIMS OF THIRD PARTIES, AND ANY COST OF ANY SUBSTITUTE SERVICES, ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF THE IDENTIFI PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE IDENTIFI PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE GREATER OF THE ACTUAL AMOUNT YOU PAID FOR THE SERVICES (IF ANY) AND USD $100. THE PARTIES AGREE THAT THE FOREGOING LIMITATIONS ARE ESSENTIAL TO THE BASIS OF THE BARGAIN CONTEMPLATED BY THESE TERMS.
THE FOREGOING LIMITATIONS SHALL APPLY ONLY TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW (SOME JURISDICTIONS DO NOT PERMIT DISCLAIMERS OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THESE TERMS MAY NOT APPLY TO YOU).
To the fullest extent permitted under applicable law, you agree to defend, indemnify, and hold harmless the Identifi Parties (as defined above) and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to (a) your use of, or activities in connection with the Services (including all Feedback); (b) any violation or alleged violation of these Terms by you, and (c) your fraud, intentional misconduct, negligence, or other tortious or criminal acts or omissions. Identifi reserves the right to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such event, you shall provide Identifi with such information and assistance as Identifi reasonably requests.
Identifi may terminate or suspend your use of the Services at any time and without prior notice, for any or no reason, including if Identifi believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon any such termination or suspension, your right to use the Apps will immediately cease, and Identifi may, without liability to you or any third party to the fullest extent permitted by applicable law, immediately deactivate or delete your account, and all associated data and materials, without any obligation to provide any further access to such data or materials. Identifi reserves the right to pursue all rights and remedies available at law or equity. These terms shall survive the termination of your account, deletion of data, and opt out by the user.
These Terms are governed by the laws of the United States (including federal arbitration law) and the State of California, U.S.A., without regard to its principles of conflicts of law, and regardless of your location.
In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any version of the Apps compatible with the iOS operating system of Apple Inc. (“Apple”). Apple is not a party to these Terms and does not own and is not responsible for the Apps. Apple is not providing any warranty for the Apps except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the Apps and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the Apps, including any third-party product liability claims, claims that the Apps fail to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the Apps, including those pertaining to intellectual property rights, must be directed to Identifi in accordance with the “Customer Support” section above. The license you have been granted herein to our iOS-compatible Apps is limited to a non-transferable license to use the Apps on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service, except that the Apps may also be accessed and used by other accounts associated with you via Apple’s Family Sharing or volume purchasing programs. In addition, you must comply with the terms of any third-party agreement applicable to you when using the Apps, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance of the terms and conditions of these Terms, will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof; notwithstanding the foregoing, Company’s right to enter into, rescind or terminate any variation, waiver or settlement under these Terms are not subject to the consent of any third party.
© 2020 Identifi, Inc. unless otherwise noted. All rights reserved. Identifi and its Logo are trademarks of Identifi, Inc. All other product names, company names, marks, logos, and symbols are trademarks of their respective owners.