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Welcome to Aperture LLC! We are a subscription service and tangible goods website that provides our members with access to motion pictures, and other audio-visual entertainment (“Aperture LLC content”) streamed over the Internet to certain Internet-connected TV’s, computers and other devices (“internet ready devices”).
You agree to the Arbitration Agreement and class action waiver described in Section 15 to resolve any disputes with Aperture LLC (except for matters that may be taken to small claims court).
- Privacy. Personally identifying information is subject to our Privacy Statement, the terms of which are incorporated herein. Please review our Privacy Statement to understand our practices.
- Communication Preferences. By using the Aperture LLC service, you consent to receiving electronic communications from Aperture LLC relating to My Account. These communications may involve sending emails to your email address provided during registration, or posting communications on the Aperture LLC service, or in the “My Account” page and will include notices about My 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 Aperture LLC. You agree that any notices, agreements, disclosures 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 Aperture LLC features and content, special offers, promotional announcements and customer surveys via email or other methods. If you no longer want to receive certain non-transactional communications, simply go to the “Communication settings” link on the “My Account” page of our website (www.Aperturefightfocused.com/my-account) to manage your Aperture LLC communications. Please review our Privacy Statement (www.Aperture LLC.com/Privacy) for further detail on our marketing communications.
- Membership, Free Trials, Billing and Cancellation
- Ongoing Membership. Your Aperture LLC membership, which may start with a free access, will continue month-to-month and automatically renew unless and until you cancel your membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) to use the Aperture LLC service. We will bill the monthly membership fee to your Payment Method. You must cancel your membership before it renews each month in order to avoid billing of the next month’s membership fees to your Payment Method.
- Free Trials
- Your Aperture LLC membership may start with free access. The free access period of your membership lasts for one month, or as otherwise specified during sign-up. For combinations with other offers, restrictions may apply. Free trials are for new and certain former members only. Aperture LLC reserves the right, in its absolute discretion, to determine your free trial eligibility.
- We will begin billing your Payment Method for monthly membership fees at the end of the free trial period of your membership and your membership will automatically renew monthly unless you cancel prior to the end of the free trial period. To view the specific details of your membership, including monthly membership price and end date of your free trial period, visit our website and click the “View billing details” link on the “My Account” page. We may authorize your Payment Method through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.
- CLICK THE “My Account” LINK AT THE TOP OF ANY Aperture LLC WEB PAGE (www.Aperturefightfocused.com) TO FIND CANCELLATION INSTRUCTIONS. We will continue to bill your Payment Method on a monthly basis for your membership fee until you cancel. Please visit our billing processor Netbilling.com
- Recurring Billing. By starting your Aperture LLC membership and providing or designating a Payment Method, you authorize us to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the Aperture LLC service, such as taxes or possible transaction fees, to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption, and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.
- 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 service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
- Payment Methods. You may edit your Payment Method information by visiting our website and clicking on the “My Account” link, available at the top of the pages of the Aperture LLC website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel My Account (see, “Cancellation” below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. We may update your Payment Method with information provided by the applicable payment service provider, and you authorize us to continue to charge the membership fee to the updated Payment Method. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
- Cancellation. You may cancel your Aperture LLC membership at any time, and you will continue to have access to the Aperture LLC service through the end of your monthly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS OR UNWATCHED Aperture LLC CONTENT. To cancel, go to the “My Account” page on our website and follow the instructions for cancellation. If you cancel your membership, My Account will automatically close at the end of your current billing period. To see when My Account will close, click “View billing details” on the “My Account” page. If you signed up for Aperture LLC using My Account with a third party as a Payment Method, and wish to cancel your Aperture LLC membership at any time, including during your free trial, you may need to do so through such third party, including by visiting My Account with the applicable third party and turning off auto-renew, or unsubscribing from, the Aperture LLC service through that third party. You may also find billing information about your Aperture LLC membership by visiting My Account with the applicable third party.
- Shipping and downloadable content. Please keep in mind special orders and pre-sale items may take time to ship and are subject manufacture delays. We will make every effort to minimize the delivery time as much as possible. We have no control over customs, taxes, fees, fines and/or tariffs in other countries and are not responsible for carrier issues outside the United States. We will not issue refunds to international orders that can not be returned, lost or confiscated. Consideration for partial refunds will be processed and reviewed on a case by case bases. It is the customers responsibility to know, adhere to laws within their state, province or country.All video download or streaming services sales are final. Due to the nature of online video distribution we can not offer refunds for any downloadable content. We are not responsible for device issues or compatibility. Please make sure your device is MP4 compatible.
- Aperture LLC Service
- The Aperture LLC service and any content viewed through our service are for your personal and non-commercial use only. During your Aperture LLC membership, we grant you a limited, non-exclusive, non-transferable, license to access the Aperture LLC service and view Aperture LLC content through the service. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.
- You may view Aperture LLC content through the Aperture LLC service primarily within the country in which you have established Your Account and only in geographic locations where we offer our service and have licensed such Aperture LLC content. The content that may be available to watch will vary by geographic location.
- We continually update the Aperture LLC service, including the content library. In addition, we continually test various aspects of our service, including our website, user interfaces, service levels, plans, promotional features, availability of Aperture LLC content, 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.
- Some Aperture LLC content is available for temporary download and offline viewing on certain supported devices (“Offline Titles”). Limitations apply, including restrictions on the number of Offline Titles per account, the maximum number of devices that can contain Offline Titles, the time period within which you will need to begin viewing Offline Titles and how long the Offline Titles will remain accessible. Some Offline Titles may not be playable in certain countries and if you go online in a country where you would not be able to stream that Offline Title, the Offline Title will not be playable while you are in that country.
- The availability of Aperture LLC content to watch will change from time to time, and from country to country. The quality of the display of the Aperture LLC content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. HD, Ultra HD and HDR availability is subject to your Internet service and device capabilities. Not all content is available in all formats, such as HD, Ultra HD or HDR and not all plans allow you to receive content in all formats. Default playback settings on cellular networks exclude HD, Ultra HD and HDR content. The minimum connection speed for SD quality is 0.5 Mbps; however, we recommend a faster connection for improved video quality. A download speed of at least 5.0 Mbps per stream is recommended to receive HD content (defined as a resolution of 720p or higher). A download speed of at least 25.0 Mbps per stream is recommended to receive Ultra HD (defined as a resolution of 1080p or higher) and HDR content. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. Aperture LLC makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching Aperture LLC content show will vary based on a number of factors, including your location, available bandwidth at the time, the Aperture LLC content you have selected and the configuration of your Aperture LLC ready device.
- Aperture LLC software is developed by, or for, Aperture LLC and is designed to enable streaming and viewing of content from Aperture LLC through Aperture LLC ready devices. This software may vary by device and medium, and functionalities may also differ between devices. BY USING OUR SERVICE, YOU ACKNOWLEDGE AND AGREE TO THE END USER LICENSE AGREEMENT (www.Aperture LLC.com/EULA) AND TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE Aperture LLC AND RELATED THIRD-PARTY SOFTWARE. IF YOU DO NOT ACCEPT THE FOREGOING TERMS, DO NOT USE OUR SERVICE. WE DO NOT TAKE RESPONSIBILITY OR OTHERWISE WARRANT THE PERFORMANCE OF THESE DEVICES, INCLUDING THE CONTINUING COMPATIBILITY OF THE DEVICE WITH OUR SERVICE. By using our service, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the Aperture LLC service. If your Aperture LLC ready device is sold, lost or stolen, please deactivate the Aperture LLC ready device. If you fail to log out or deactivate your device, subsequent users may access the Aperture LLC service through Your Account and may be able to access certain of Account information.
- Passwords and Account Access
- The member who created the Aperture LLC account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over the Aperture LLC account. The Account Owner’s control is exercised through use of the Account Owner’s password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting Aperture LLC Customer Service and potentially altering the Account Owner’s control, the Account Owner should not reveal the Payment Method details (e.g., last four digits of their credit or debit card, or their email address if they use PayPal) associated with their account. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to My Account.
- In order to provide you with ease of access to My Account and to help administer the Aperture LLC service, Aperture LLC implements technology that enables us to recognize you as the Account Owner and provide you with direct access to My Account without requiring you to retype any password or other user identification when you revisit the Aperture LLC service, which includes accessing via Aperture LLC ready devices or website.
- You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the Aperture LLC website and not through a hyperlink in an email or any other electronic communication, even if it looks official. Aperture LLC reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. Aperture LLC is not obligated to credit or discount a membership for holds placed on the account by either a representative of Aperture LLC or by the automated processes of Aperture LLC.
- Disclaimers of Warranties and Limitations on Liability
- THE Aperture LLC SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE Aperture LLC SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. Aperture LLC DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE Aperture LLC SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. Aperture LLC SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, INTERNET READY DEVICES, AND Aperture LLC SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).
- TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL Aperture LLC, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
- SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
- Gifts and Promotions. Gift cards for the Aperture LLC service may be available for purchase at third-party retail outlets and websites, which can be redeemed on our website at www.aperturefightfocused..com/redeem. The purchase and redemption of gift cards are subject to the gift terms (www.Aperture LLC.com/cardterms). From time to time, other types of promotional codes may be available, including those provided as part of a third party promotion. Promotional codes may be redeemed as described in the specifics of the promotion. Gift cards and promotional codes can only be used once, cannot be redeemed for cash, and may be combined with other offers, including a free trial, subject to certain restrictions as determined by Aperture LLC in its sole discretion. If you received a promotional code through an offer by a third party, additional conditions may apply.
- Intellectual Property
- Copyright. The Aperture LLC service, including all content provided on the Aperture LLC service, is protected by copyright, trade secret or other intellectual property laws and treaties.
- Trademarks. Aperture LLC and Aperture Fight Focused is a registered trademark of Aperture LLC,
- Claims of Copyright Infringement. If you believe your work has been reproduced or distributed in a way that constitutes a copyright infringement or are aware of any infringing material available through the Aperture LLC service, please notify us by completing the Copyright Infringement Claims form (www.Aperture LLC.com/copyrights).
- Applications. You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) (“Application(s)”) that interact with the Aperture LLC service. These Applications may import data related to your Aperture LLC account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and Aperture LLC is not responsible for such Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO WITH OR SPONSORED BY Aperture LLC AND MAY NOT BE AUTHORIZED FOR USE WITH OUR SERVICE IN ALL COUNTRIES. USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK.
- Use of Information Submitted. Aperture LLC is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to the Aperture LLC service, including the Aperture LLC website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Aperture LLC service. In addition, you agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law. Please note Aperture LLC does not accept unsolicited materials or ideas for Aperture LLC content, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Aperture LLC. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Aperture LLC and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.
- Arbitration Agreement
- If you elect to seek arbitration or file a small claim court action, you must first send to Aperture LLC, by certified mail, a written Notice of your claim (“Notice”). The Notice to Aperture LLC must be addressed to: General Counsel, Aperture LLC, 876 W Soville Ct, Midvale, UT 84047 (“Notice Address”). If Aperture LLC initiates arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by Aperture LLC, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If Aperture LLC and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Aperture LLC may commence an arbitration proceeding or file a claim in small claims court.
- You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you are required to pay a filing fee, after Aperture LLC receives notice at the Notice Address that you have commenced arbitration, Aperture LLC will reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000, in which event you will be responsible for filing fees.
- The arbitration will be governed by the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless Aperture LLC and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence.
- If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Aperture LLC’s last written settlement offer made before an arbitrator was selected (or if Aperture LLC did not make a settlement offer before an arbitrator was selected), then Aperture LLC will pay you the amount of the award or US$5,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
- YOU AND Aperture LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Aperture LLC agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.