Licensing

First Capricorn Entertainment, hereinafter referred to 1CE, provides a subscription service that allows our members to access video clips (“1CE-PE Content”) streamed over the Internet to certain Internet-connected media players, kiosks, displays, TV’s, computers and other devices (“1CE-PE ready devices”).

You have accepted these Terms of Service, which govern your use of our service. 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.

As used in these Terms of Service, “1CE-PE service”, “our service” or “the service” means the service provided by First Capricorn Entertainment Project Empathy for playing and streaming Project Empathy content, including all features and functionalities, recommendations and reviews, the website, and user interfaces, as well as all content and software associated with our service.

YOU AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN SECTION 7 TO RESOLVE ANY DISPUTES WITH 1CE-PE (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT).

Subscription
1.1. Your 1CE-PE subscription will continue month-to-month (or annually) and automatically renew until terminated. To use the 1CE-PE service you must have Internet access and a 1CE-PE ready device and provide us with one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party. You must cancel your subscription before it renews each period in order to avoid billing of the next period’s subscription fees to your Payment Method (see “Cancellation” below).

1.2. We may offer a number of subscription plans, including special promotional plans or subscriptions offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. Some subscription plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your 1CE-PE subscription by visiting our website and clicking on the “Account” link.

Free Trials
2.1. Your 1CE-PE subscription may start with a free trial. The free trial period of your subscription lasts for 14-days, or as otherwise specified during sign-up and is intended to allow new and certain former members to try the service.

2.2. Free trial eligibility is determined by 1CE-PE at its sole discretion and we may limit eligibility or duration to prevent free trial abuse. We reserve the right to revoke the free trial and put your account on hold in the event that we determine that you are not eligible. Members of business, institution or households with an existing or recent 1CE-PE subscription are not eligible. We may use information such as device ID, method of payment or an account email address used with an existing or recent 1CE-PE subscription to determine eligibility. For combinations with other offers, restrictions may apply.

2.3 At the conclusion of your free trial period, you will no longer have access to play and/or stream our content. If you wish to continue our service, a subscription plan must be purchased and maintained.

Billing and Cancellation
3.1. Billing Cycle. The subscription fee for the 1CE-PE service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged on a monthly basis to your Payment Method on the calendar day corresponding to the commencement of the paying portion of your subscription until your subscription is cancelled. Subscription fees are fully earned upon payment. In some cases your payment date may change, for example if your Payment Method has not successfully settled or if your paid subscription began on a day not contained in a given month. Visit our website and click on the “Billing details” link on the “Account” page to see your next payment date. We may authorize your Payment Method in anticipation of subscription or service-related charges 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.

3.2. Payment Methods. To use the 1CE-PE service you must provide one or more Payment Methods. You can update your Payment Methods by going to the “Account” page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s). You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.

3.3. Cancellation. You can cancel your 1CE-PE subscription at any time, and you will continue to have access to the 1CE-PE service through the end of your monthly billing period. We do not provide refunds or credits for any partial-month subscription periods or unwatched 1CE-PE content. To cancel, go to the “Account” page on our website and follow the instructions for cancellation. If you cancel your subscription, your account will automatically close at the end of your current billing period. To see when your account will close, click “Billing details” on the “Account” page. If you signed up for 1CE-PE using your account with a third party as a Payment Method and wish to cancel your 1CE-PE subscription, you may need to do so through that third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the 1CE-PE service through that third party. You may also find billing information about your 1CE-PE subscription by visiting your account with the applicable third party.

3.4. Changes to the Price and Subscription Plans. We reserve the right to change our subscription plans or adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes or changes to your subscription plan will take effect following notice to you.

3.5. 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.

1CE-PE Service
4.1. You must be 18 years of age, or the age of majority in your province, territory or country, to become a member of the 1CE-PE service. Individuals under the age of 18, or applicable age of majority, may utilize the service only with the involvement of a parent or legal guardian, under such person’s account and otherwise subject to these Terms of Use.

4.2. The 1CE-PE service and any content viewed through our service are for your business or institutional use only and may not be shared with others except as afforded by those within your chosen subscription plan. During your 1CE-PE subscription, we grant you a limited, non-exclusive, non-transferable right to access the 1CE-PE service and view 1CE-PE content through the service. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use the service for paid public performances.

4.3. You may view 1CE-PE content 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 content. The content that may be available to watch will vary by geographic location and will change from time to time. The number of devices on which you may simultaneously watch depends on your chosen subscription plan and is specified on the “Account” page.

4.4. The 1CE-PE service, including the content library, is regularly updated. In addition, we continually test various aspects of our service, including but not limited to our website, user interfaces, promotional features and availability of 1CE-PE content. You can at any time opt-out of tests by visiting the “Account” page and changing the “Test participation” settings.

4.5. Not Used.

4.6. You agree to use the 1CE-PE service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. Except as explicitly authorized in these Terms of Use, you agree not to archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the 1CE-PE service. You also agree not to circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the 1CE-PE service; use any robot, spider, scraper or other automated means to access the 1CE-PE service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the 1CE-PE service; insert any code or product or manipulate the content of the 1CE-PE service in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the 1CE-PE service, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of our service if you violate these Terms of Use or are engaged in illegal or fraudulent use of the service.

4.7. The quality of the display of the 1CE-PE 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. 1CE-PE makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching 1CE-PE content show will vary based on a number of factors, including your location, available bandwidth at the time, the 1CE-PE content you have selected and the configuration of your 1CE-PE ready device.


4.8. 1CE-PE software may solely be used for authorized streaming and viewing of content from 1CE-PE through 1CE-PE ready devices. This software may vary by device and medium, and functionalities may also differ between devices. By using our service, you agree to receive, without further notice or prompting, updated versions of the 1CE-PE and related third-party software. If you do not accept the foregoing terms, do not use our service.

4.9. By using our service, you agree to look solely to the entity that manufactured and/or sold you the 1CE-PE ready device for any issues related to the device and its compatibility with the 1CE-PE service. We do not take responsibility or otherwise warrant the performance of 1CE-PE ready devices, including the continued compatibility with our service. If your 1CE-PE ready device is sold, lost or stolen, please deactivate the 1CE ready device. If you fail to log out or deactivate your device, subsequent users may access the 1CE-PE service through your account and may be able to access certain of your account information. To deactivate a device, follow instructions on the “Account” page of our website.

5. Passwords and Account Access. The member who created the 1CE-PE account and whose Payment Method is charged (the “Account Owner”) has access and control over the 1CE-PE account and the 1CE-PE ready devices that are used to access our service and is responsible for any activity that occurs through the 1CE-PE account. To maintain control over the account and prevent anyone from accessing the account (which could include information on viewing history for the account), the Account Owner should maintain control over the 1CE-PE ready devices that are used to access the service and not reveal the password or details of the Payment Method associated to the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, 1CE-PE or our partners from identity theft or other fraudulent activity. 1CE-PE is not obligated to credit or discount a subscription for holds placed on the account by either a representative of 1CE-PE or by the automated processes of 1CE-PE.

Disclaimers of Warranties and Limitations on Liability
6.1. THE 1CE-PE SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE 1CE-PE SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. 1CE-PE DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE 1CE-PE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. 1CE-PE SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, 1CE-PE READY DEVICES, AND 1CE-PE SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).

6.2. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL 1CE-PE, 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.

6.3. 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.

6.4. NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.

Arbitration Agreement
7.1. If you are a 1CE-PE member in the United States (including its possessions and territories), you and 1CE-PE agree that any dispute, claim or controversy arising out of or relating in any way to the 1CE-PE service, these Terms of Use and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award and nothing in this Arbitration Agreement shall be interpreted as limiting any non-waivable statutory rights. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and 1CE-PE are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your 1CE-PE subscription.

7.2. If you elect to seek arbitration or file a small claim court action, you must first send to 1CE-PE, by certified mail, a written Notice of your claim (“Notice”). The Notice to 1CE-PE must be emailed to: Legal@FirstCapricorn.com. If 1CE-PE initiates arbitration, it will send a written Notice to the email address used for your subscription account. A Notice, whether sent by you or by 1CE-PE, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If 1CE-PE and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or 1CE-PE may commence an arbitration proceeding or file a claim in small claims court.

7.3. 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 1CE-PE receives notice at the Notice Address that you have commenced arbitration, 1CE-PE 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.

7.4. 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 1CE-PE and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence. The arbitrator’s award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator’s award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator’s application or conclusions of law.

7.5. If your claim is for $10,000 (us) 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 $10,000 (us), 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 1CE-PE’s last written settlement offer made before an arbitrator was selected (or if 1CE-PE did not make a settlement offer before an arbitrator was selected), then 1CE-PE will pay you the amount of the award or $5,000 (US), 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.

7.6. YOU AND 1CE-PE 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 1CE-PE 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.

8. Not Used.

9.1. Governing Law. These Terms of Use shall be governed by and construed in accordance with the laws of the state of Delaware, U.S.A. without regard to conflict of laws provisions. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your state of residence.

9.2. Unsolicited Materials. 1CE-PE does not accept unsolicited materials or ideas for 1CE-PE content, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to 1CE-PE. 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 1CE-PE 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.

9.3. Feedback. 1CE-PE 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 1CE-PE service, including the 1CE-PE 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 1CE-PE service. In addition, you agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law.

9.4. Customer Support. To find more information about our service and its features, or if you need assistance with your account, please visit the 1CE-PE Help Center on our website. In certain instances, Customer Service may best be able to assist you by using a remote access support tool through which we have full access to your computer. If you do not want us to have this access, you should not consent to support through the remote access tool, and we will assist you through other means. In the event of any conflict between these Terms of Use and information provided by Customer Service or other portions of our website, these Terms of Use will control.

9.5. Survival. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

9.6. Changes to Terms of Use and Assignment. 1CE-PE may, from time to time, change these Terms of Use. Such revisions shall be effective immediately; provided however, for existing members, such revisions shall, unless otherwise stated, be effective 30 days after posting. We may assign our agreement with you to any affiliated company or to any entity that succeeds to all or substantially all of our business or assets related to the applicable 1CE-PE service.

9.7. Communication Preferences. We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration. 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.

Last updated: 27 June 2018