Terms of Use

Please fully read this Terms of Use Agreement (the “Terms of Use”) carefully, as it establishes legally binding terms and conditions that apply to your use of the Services (Defined below).

THESE TERMS OF USE INCLUDE AN ARBITRATION PROVISION WHICH MAY APPLY IN YOUR JURISDICTION.

IMPORTANT NOTICE: SECTION 27 OF THESE TERMS OF USE WAIVES ANY USE OF CLASS ACTIONS OR JURY TRIALS, AND GENERALLY REQUIRES THE USE OF BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THE TERMS ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. PLEASE SEE THE DISPUTE RESOLUTION SECTION FOR MORE INFORMATION. THE MANDATORY DISPUTE RESOLUTION PROVISION ONLY APPLIES TO SERVICES RENDERED IN THE UNITED STATES AND GUATEMALA.

In these Terms of Use, the “Services”, mean the services provided and made available by AMC Networks Inc. (“AMC”, “we”, “our” or “us”), in connection with your browsing and viewing of certain multimedia (such as movies, short films, extended episodes, bonus content, and television shows) (“Content”) through one or more of AMC’s premium streaming services, offerings, or channels (including, without limitation, AMC+, Acorn TV, ALLBLK, HIDIVE, Shudder, and Sundance Now) via websites, applications, or other interfaces and platforms that contain links to or otherwise reference these Terms of Use. The Services also include other technologies, features, and content we may provide or use on AMC’s User interfaces.

1. Scope and Acceptance

The Terms of Use include:

. The terms and conditions in this document.
. The AMC+ Privacy Policy, located here;
. The AMC+ Cookie Policy, located here; and
. Additional terms and conditions that we may provide in association with certain Services, such as certain promotional offers or rules for
participation in certain AMC+ activities, including contests and
sweepstakes.

The Terms of Use apply to anyone who uses the Services (“User”, “you” or “your”), including, but not limited to, people who register for the Services, people who subscribe to the Services, and people who simply browse the Services. If you use, visit, register for, or subscribe to the Services, you understand, acknowledge, and agree that you are bound by the terms and conditions of these Terms of Use.

If you do not agree to these Terms of Use, please do not use the Services.

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

2.Changes to These Terms of Use

We may modify these Terms of Use, including the Privacy Policy, Cookie Policy, and any Additional Terms from time to time. All such modifications will be effective upon posting on the Services site. If you have a current subscription for Services or are a registered User, we will email you about any material changes to these Terms of Use in advance of the date that such changes go into effect, which will be stated in the email notification. Your continued use of the Services after posting of the modified Terms of Use will be taken as acceptance of such updated Terms of Use. We recommend that you check back frequently and review these Terms of Use regularly so that you are aware of the most up-to-date Terms of Use.

3.AMC Ready Device

To access and use certain Services, including Content, you will be required to use an approved platform such as a gaming system, smart TV, mobile device, set top box, Amazon Fire TV device, Apple TV device, Roku device, and/or other technology meeting certain system, configuration and other requirements (an “AMC ready device”). For more information on these platform requirements, contact us via the following customer service email associated with the applicable streaming service below:

You should ensure that you have an AMC ready device prior to purchasing or ordering any Services.

4.Internet Connectivity and AMC Application

Your AMC ready device must be connected to the internet via a data plan through your mobile provider, wireless (“WiFi”), or ethernet to operate the Services or, if available for the Services, temporarily download select Content for offline viewing on certain mobile devices. To operate the Services, you need to: (i) download the applicable AMC application (the “App”) from the Fire TV application store, Google Play application store, Apple app store, Roku channel store or any other application store or smart TV from which the App can be downloaded from; or (ii) visit the website associated with the applicable streaming service below to purchase the Services directly from AMC (the “Ecommerce Website”):

AMC+: https://www.amcplus.com
Acorn TV: https://www.amcplus.com
ALLBLK: https://www.ALLBLK.tv
HIDIVE: https://www.hidive.com
Shudder: https://www.shudder.com
Sundance Now: https://www.sundancenow.com

5.User Registration/Subscription

To view, privately display, and temporarily download certain Content and otherwise use and access certain Services you will need to become a registered User and purchase a subscription.

Subscription: If you purchase the Services through AMC, you may need to choose between two subscription options: (i) a monthly subscription, or (ii) a yearly subscription. If you choose the monthly subscription, you will be charged one (1) time per month for your subscription fee. If you choose the yearly subscription, you will be charged one (1) time per year for your subscription fee. Your subscription will renew automatically for the same period of time specified at the time of your purchase (“Subscription Term”), unless you cancel the subscription in accordance with Section 19 of these Terms of Use.

Registration: To become a registered User, you must first select your subscription package, as applicable, create an account with a unique username and password combination (“User Credentials”) and provide certain additional information, including, but not limited to, name and zip or post code (“Registered Account”). Registered Accounts can only be established by individuals in certain Territories (as defined in Section 26 below) who have reached the age of majority in the province, territory, or country of their residence and have otherwise met the criteria to create User Credentials.

After you input the User Credentials, you will need to (i) accept these Terms of Use, and (ii) acknowledge that you have read the Privacy Policy; and (iii) indicate your preferences for receiving promotional communications from AMC or our affiliates and confirm your registration with AMC. In addition, you will be asked to provide information for a valid credit, debit or other payment method that is accepted by or through the applicable Ecommerce Website, Amazon.com, Inc. (“Amazon”), Apple Inc. (“Apple”), or Google LLC (“Google”), or Roku, Inc. (“Roku”), or any other third-party provider as applicable (each, a “Provider”; the payment method you provide is referred to as your “Billing Account”).

Automatic Billing: Your Provider will charge your subscription fee (together with any applicable taxes) to your Billing Account per the billing period described when you initiate the subscription to the Services (“Billing Period”) on the calendar day corresponding to the beginning of your Billing Period, unless and until you cancel your subscription. By creating a Registered Account and starting a subscription to Services, you authorize your Provider 4to charge your Billing Account for the subscription fee at the then-current rate, and any other charges you may incur in connection with your use of the Services, plus any applicable taxes, to your Billing Account, automatically on a recurring basis, without further authorization from you, until you cancel your subscription.

You permit your Provider, or service providers on your Provider’s behalf, to store information as needed to facilitate billing and payment. AMC may store tokenized payment information, but AMC does not collect full payment card information.

If payment is not received by your Provider from the financial institution associated with your Billing Account, you remain responsible for uncollected amounts and agree to promptly pay all amounts due upon demand. You are solely responsible for any and all fees charged to your Billing Account by the applicable issuer, bank or financial institution, including, but not limited to, membership, overdraft, insufficient funds and over the credit limit fees. We reserve the right to correct any errors or mistakes contained in your Billing Account information and to update such information from available third-party sources.

Changes to Billing Account: If you want to change or update your payment method, contact the applicable Provider, or visit the following sites as applicable:

Amazon users should visit http://www.amazon.com/mykps
Google users should visit http://pay.google.com
Apple users should log in to the applicable iTunes account;
AMC Ecommerce Website users should visit the link associated to the applicable streaming service below:

https://support.amcplus.com/en/support/solutions/articles/11000111960-how-do-i-update-my-credit-card-information-

https://support.acorn.tv/en/support/solutions/folders/1000220901

https://support.allblk.tv/en/support/solutions

https://support.hidive.com/en/support/home

https://support.shudder.com/en/support/home

https://support.sundancenow.com/en/support/home

Roku users should visit t https://support.roku.com/article/208755978-how-do-i-update-the-payment-method-for-my-roku-account, as applicable.

If you change your payment method, this could result in changing the calendar day upon which you are billed. If your paid subscription begins on a day not contained in a given month, and your Billing Period is every month, your Payment Method will be billed on the last day of such month. For example, if your paid Subscription Term starts on March 31st, your next payment date is April 30, and your payment method would be billed on that date.

If your Billing Account expires and you do not update or change your Billing Account, your subscription will automatically terminate at the end of the current paid Subscription Term and your access to the Services will be revoked after such period.

Free Trial: On occasion, we may offer a free trial subscription to certain qualified Users. If we offer you a free trial, the specific terms of your free trial will be presented to you before or during sign-up. Restrictions and limitations on eligibility may apply. Additionally, you may possess a gift membership code entitling you to a certain subscription period. Upon receiving an offer for and choosing to start a free trial of the Services or when activating a gift membership, if you do not already have a Registered Account, you will need to following the steps described above in this Section 5 and create a Registered Account, which includes providing your Billing Account information. If you do not cancel your subscription to Services within the time allotted for such free trial, your subscription will be automatically converted from a free trial to a paid subscription to Services and you will be charged for your subscription following the conclusion of the free trial. If you cancel your subscription during a free trial or while using a promotional code or other credits, cancellation may be effective immediately. If the free trial or gift membership converts to a paid subscription subject to the terms presented to you prior to or during sign up, you authorize your Provider to begin charging your Billing Account for the subscriber fee (together with applicable taxes) at the end of the free trial period of your subscription unless you cancel prior to the end of the free trial period. To view the specific details of your subscription, including the subscription fee and end date of your free trial or gift membership period, click on “My AMC+” (or “My Account” or other applicable AMC streaming service name) to the top right of the screen of the Ecommerce Website and select “Manage Account” or contact us at the customer service email associated to the applicable streaming service in Section 3 above. Your Provider may pre-authorize your payment method, and you authorize your Provider to do so. In some instances, your available balance or credit limit may be reduced to reflect the authorization; however, IF YOU CANCEL PRIOR TO THE END OF YOUR FREE TRIAL OR GIFT MEMBERSHIP PERIOD, THERE WILL BE NO CHARGES TO YOUR BILLING ACCOUNT.

Cancellation: You may cancel your subscription at any time for any reason. For cancellation instructions, AMC Ecommerce Website Users may visit the link associated with the applicable streaming service in Section 4 above, then click on the “My Account” page, then “Support,” and under “Members and Billing” heading, click on “How do I Cancel a Membership”.

You can find additional information on cancellation in Section 19 of these Terms of Use. If you cancel your subscription, you will have access to the Services through the remainder of the current the Subscription Term that you have paid for and your subscription will automatically end on the last day of the Subscription Term. AMC DOES NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-BILLING PERIOD OR PARTIAL SUBSCRIPTION PERIODS OR FOR UNWATCHED CONTENT ACCESSIBLE THROUGH THE SERVICES, unless required by law.

General Conditions: It is a condition of use of the Services that all the details you provide will be correct, current, and complete and will not violate any law. If AMC or its respective partners or affiliates believe the details are not correct, current or complete, or that you have otherwise violated these Terms of Use or any applicable law, we have the right to suspend or terminate your Registered Account or refuse you access to some or all of the Services and its resources. You may edit your User Credentials or any other personal information as well as your Billing Account information on your Registered Account through the “Manage Account” section of the applicable Ecommerce Website.

The AMC Registered Accounts are for individual use only. Your account is personal to you, and you may not transfer it to any other party. You are responsible for protecting and maintaining the confidentiality of your User Credentials. You may be responsible and liable for access to or use of the Services—including uses that may incur fees—by any person or entity using your User Credentials, whether or not you have authorized such access or use. We are not responsible or liable for any loss or damage arising from your failure to maintain the confidentiality of your User Credentials. You must immediately notify us if and when you become aware of, or reasonably suspect, any unauthorized use of your User Credentials or any other breach of security by contacting us at the customer service email associated with the applicable streaming service in Section 3 above. To help protect you and the Services, if we have a reasonable belief that a person or entity is engaging in unauthorized use of your User Credentials, we may deny access, use and registration privileges to that person or entity.

You can find more information regarding your subscription to Services at any time by clicking on “Manage Account.”

6.Pricing and Taxes

Pricing: Your applicable total monthly or yearly subscription price (including applicable taxes) will be disclosed to you prior to you registering as a User. Please note that you may be offered a promotional price that is available for the length of time disclosed on your offer. As will be disclosed in the offer, certain subscriptions at a promotional price will, unless cancelled before the end of the last day of such a subscription, automatically convert from a subscription at a promotional price to a full price subscription for Services and you will be charged for such a subscription at the end of the last day of your subscription at a promotional price. The total monthly or yearly subscription price (including applicable taxes) that will apply upon your subscription for a promotional price automatically converting to a fully price subscription for Services will be disclosed to you prior to you registering as a User for the purposes of the subscription for a promotional price. We reserve the right to change any and all prices for any Content at any time or as frequently as permissible in the jurisdiction in which you reside, for any reason, by updating the prices set forth on the applicable portion of the Services. If we increase the price of the Services, we will provide you with at least thirty (30) days’ prior written notice and such price increase will take effect at the end of the current Subscription Term you have paid for. If you do not wish to keep your subscription at the increased price, you may terminate your subscription to the Services in accordance with Section 19 of these Terms of Use and such termination will be effective at the end of the current Subscription Term you have paid for.

Taxes: You are responsible for any taxes imposed by law on any fee-based transactions conducted on or in connection with the Services. Fee-based transactions on the Services may be subject to certain taxes, including, without limitation, sales tax, use tax and any other applicable taxes, which may be based on various factors, including, but not limited to, the bill-to address and tax rates in effect at the time your transaction is completed. In Canada, fee-based transactions may be subject to GST or HST (as defined by federal law). In Australia, fee-based transactions may be subject to GST (as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth)). Users are not eligible for tax exemptions for transactions made on the Services. In Alabama, AMC has collected the simplified sellers user tax on taxable transactions delivered into Alabama and the tax will be remitted on your behalf to the Alabama Department of Revenue. For the streaming services named AMC+, HIDIVE, Shudder and Sundance Now, AMC’s program account number is SSU-R010533293; for the streaming services named Acorn TV and ALLBLK, AMC’s program account number is SSU-R010380878. For subscribers in Mexico that require a formal electronic invoice, please contact us to request one and provide your tax identification number (RFC).

7.License to the Services

Upon successful payment of the applicable subscription fee and subject to these Terms of Use, AMC will grant you a non-exclusive, non-transferable, non-assignable, non-sublicensable, limited right and license to view, privately display and temporarily download certain Content, subject to these Terms of Use, by and through an AMC ready device, for your own personal, noncommercial use for the Subscription Term.

After your or our termination of the Services and at the end of the Subscription Term, if your subscription does not automatically renew, you will no longer be able to access or view any Content through an AMC ready device. We will provide you with notice that your Subscription Term is ending or has ended. You agree that your applicable AMC streaming service account is for personal, non-commercial use only and may be limited by simultaneous stream and device usage.

At any time, in our sole discretion, we may choose to provide refunds, discounts, or other consideration (“credits”) to some or all of our Users. If we choose to provide credits at a particular time, it will not obligate us to provide credits to you or others at any point in the future, unless required by law.

8.Availability of Content

We strive to provide a great selection of Content to you through the Services. We may add, remove or disable access to certain Content on some or all of the Services at our sole discretion. You understand that the Content and Services available to you may change over time, including during your subscription period. In addition, some Content may not be available in your geographic region or may not be accessible to you based on your equipment or other factors.

To the maximum extent permitted by applicable law, we are not liable for the removal of or disabling of access to any Services, materials or functionality of the Services.

9.Temporary Downloads

Certain Content may be available for temporary download on certain supported devices and certain Subscriptions for offline viewing when you do not have a network connection. Limitations and expiration rules may apply including the amount of Content available for download, maximum number of downloads, and geographic and device restrictions.

10.Content Quality

We use various technologies to provide you with an optimal viewing experience. Even with these technologies, the quality of the Content display 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 4K Ultra HD availability, if and as applicable, for certain Content depends on your Subscription, internet service and device capabilities. Not all Subscriptions allow you to access Content in all formats and not all Content is available in all formats. AMC makes no representations or warranties about the quality of your watching experience on your display.

11.Free Content and Promotional Offers

On occasion, we may make select full episodes available for free for limited promotional periods. Video extras may also be made available for free, at our discretion.

From time to time, we may offer you the opportunity to watch Content that is not included in the Service to which you subscribe. For example, we may offer Content to subscribers from other services we support or without the requirement sign up for a free trial. We offer this additional Content on a promotional basis, and we have sole discretion regarding the availability of the Content, eligibility to watch the Content, and requirements to access the Content. For clarity, such Content may require you to enable location access and may contain advertisements.

12.Personal Information

We respect your privacy and the use and protection of your personal information. In the course of your use of the Services, you may be asked to provide certain information about yourself to us. Our information collection and use policies with respect to the privacy of your information are set forth in our Privacy Policy, incorporated herein. We encourage you to read the Privacy Policy, and to use it to help make informed decisions.

13.Advertising

Certain Content on the Services may be ad-supported, and the implementation of advertising may change at any time and without notice to you. For additional information on ad-supported Content, contact us at the customer service email associated with the applicable streaming service in Section 3 above. AMC is not responsible for and does not endorse any third-party advertiser, product, or service featured on the Services. Any interactions you may have with advertisers while using the Services, including through engaging with interactive advertisements, are between you and the advertiser, and you agree that AMC is not liable for any loss or claim that you may have against an advertiser. If you provide any confidential or personal information or engage in any transaction through an advertisement, you agree that AMC is not responsible for such information or transaction.

14.Your Use of the Services

We want to keep the Services safe and fun for everyone. We do not permit unlawful or harmful use of the Services. Accordingly, you represent, warrant and agree that:

- You are eighteen (18) years of age or older, or the age of majority in your province, territory, or country, if you are registering as a User on the Services. If you are under the age of eighteen (18), or applicable age of majority, you may use the Services only with the consent of a parent or legal guardian, under the account of such parent or legal guardian and subject to these Terms of Use. If you are under the age of thirteen (13), the Services are not intended for your use.

- In cases where you have authorized a minor to use AMC+, you are fully responsible for: the online conduct of such minor; controlling the minor’s access to and use of AMC+; and the consequences of any use or misuse by the minor;
- You are responsible for ensuring that all persons who access Content using your User Credentials are aware of these Terms of Use and that they comply with them;

- You must not violate any applicable law, rule, or regulation when using the Services, and you must comply with these Terms of Use. You agree that you will not engage in or encourage conduct that would violate any applicable law, rule, regulation, judicial or government order or treaty, or give rise to civil liability or violate or infringe upon any intellectual property, proprietary, privacy, moral, publicity, or other rights of ours or of any other person or entity.

- You will make timely and satisfactory payment for any Content purchased by you on or in connection with the Services. You agree that all of the personal information and payment information that you provide is truthful and accurate. If we suspect that the personal information and/or payment information that you have provided is untrue, inaccurate, not current, or incomplete, we may, to the maximum extent permitted by law, suspend or terminate your current and future access to Services without liability or obligation to you or any third party.

- Some Content on the Services may be protected by technologies (commonly known as Digital Rights Management [“DRM”] technology) or rules. These DRM technologies may limit or restrict access and use of the Content. You understand that these DRM technologies are in place to protect the intellectual property rights of the Content producers, AMC+, and our business partners and licensors. Accordingly, you agree that you will respect and will not attempt to violate any DRM technologies or rules that protect the Content, and that you will not and will not assist or encourage anyone to copy, distribute copies, modify, adapt, translate, reverse engineer, decompile, or disassemble software used to provide the Services, or create any derivative works from or of such software.

- You will not use the Services for commercial or business reasons, including pyramid schemes or exploiting information or material obtained in connection with the Services. This includes linking with another website or mobile application and all forms of compensation.

- You will not solicit usernames, passwords, or other personal information of Services Users for your personal gain or for unlawful purposes. This includes the collection and use of information for spamming, flooding, harvesting of email addresses or other personal information, “spidering”, “screen scraping”, “phishing”, “database scraping”, or any other activity with the purposes of obtaining lists of Users or other information.

- You will not cause the Services to be affected with malware, including software viruses, spyware, Trojan horses or other computer code, files or programs designed to interrupt, impair, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Similarly, you agree that you will not otherwise affect the normal operations of the Services by, for example, causing the modification, disruption, impairment, or interference with the use, features, function, operation or maintenance of the Services or the rights or use of the Services by others.

- You will not impersonate any person or entity while using the Services. You agree that you will not impersonate or falsely state or represent your affiliation with a person or entity, or provide us or other Services Users with false or misleading indications of origin.
- You will not post or transmit content or materials that you do not have a right to make available under any law, rule or regulation or contractual or fiduciary relationships, or otherwise creates a security or privacy risk for any other person or entity. For example, you may not post or transmit proprietary or confidential information subject to a non-disclosure agreement or employer confidentiality agreement on or through the Services. You will not post or transmit content or material that that is known by you to be false, inaccurate or misleading, or that infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any party.

- If you have a reasonable belief that a post or transmittal by another User violates these Terms of Use, please contact us at customerservice@amcplus.com. We reserve the right to remove User-submitted content that we reasonably believe may violate these Terms of Use.

- You understand that by using the Services, you may encounter Content that you might find offensive, indecent, or objectionable, and that Content may or may not be flagged as potentially objectionable. Any Content types, ratings, and descriptions are only provided for convenience, and we do not guarantee their accuracy or availability. You understand that you are using the Services at your sole risk and that we have no liability to you in connection with any Content you find to be offensive, indecent, or otherwise objectionable.

We reserve the right to investigate and take appropriate action, including legal remedies, against anyone who, as determined in our sole discretion, violates, or is suspected of violating, these Terms of Use, including, without limitation, reporting you to law enforcement authorities.

15.Customer Support

If you are experiencing technical difficulties with the Services, reboot the App and/or confirm that your AMC ready device is connected to the internet via a data plan through your mobile provider, WiFi or Ethernet. If you are still experiencing issues and for assistance with billing questions, order inquiries, or other issues related to the Services, please reach out to AMC at the customer service email associated with the applicable streaming service in Section 3 above. If you have more general questions about the Services, or would like to contact AMC to provide general feedback regarding the Services, please reach out to AMC at the customer service email associated with the applicable streaming service in Section 3 above. Any calls between you and AMC’s customer service may be monitored and recorded, and you agree to such monitoring and recording.

16.Our Intellectual Property Rights

We own or license all right, title and interest in and to the Services. All content contained in or made available through the Services is protected by copyright, trade secret, and other applicable intellectual property laws, rules, regulations and treaties. The content includes, without limitation, all films, video, audio/visual content, music (including the musical compositions therein), artwork, photographs, illustrations, graphics, logos, copy, text, computer code, software, data, user interfaces, visual interfaces, information, materials, and all copyrightable or otherwise legally protectable elements of the Services, including, without limitation, the design, selection, sequence, look and feel, and arrangement of the Services, and any copyrights, trademarks, service marks, trade names, trade dress, patent rights, database rights and/or other intellectual property and/or proprietary rights therein (including with respect to any content contained and/or made available in any advertisements or information presented to you via the Services). Unless the context clearly requires otherwise or we explicitly set forth in writing, the term “Services” includes such content.

You may use the Services only for your noncommercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes. You must not alter, delete or conceal any copyright, trademark, service mark or other notices contained on the Services, including, without limitation, notices on any Content you transmit, download, display, print, stream or reproduce from the Services. Except as expressly authorized by AMC, you shall not, nor shall you allow any third party (whether or not for your benefit or otherwise) to, reproduce, modify, create derivative works from, display, perform, communicate to the public, make available, publish, distribute, disseminate, broadcast, transmit or circulate to any third party (including, without limitation, on or via a third party website or platform), or otherwise use, any Content without the express, prior written consent of AMC or its owner if AMC is not the owner. Any unauthorized or prohibited use of any Content may subject you to civil liability, criminal prosecution, or both, under applicable laws, rules, regulations and treaties. We require Users to respect our copyrights, trademarks, and other intellectual property rights and shall aggressively enforce the same to the fullest extent of the law, including seeking criminal prosecution. We likewise respect the intellectual property of others. If you believe that the Services contain elements that infringe your intellectual property rights, please contact us as set forth in Section 18 below.

17.Unsolicited Submissions

AMCdoes not accept unsolicited submissions for its shows, sites, and other products. You agree not to make any such submissions to AMC through this site or otherwise including but not limited to story ideas, character ideas, plot suggestions, set or costume designs, or scripts. Notwithstanding the foregoing, if, in breach of these Terms, you do send us a submission, you agree not to assert any ownership right of any kind in the submission (including, but not limited to copyright, trademark, unfair competition, moral rights, or implied contract) and you waive the right to receive any financial or other consideration in connection with such unsolicited submission including, but not limited to, credit. Additionally, please be aware that no material you send to us will be treated as confidential.

18.Copyright and Intellectual Property Claims

If you believe that content available through the Services infringes upon your copyright or other intellectual property rights, you may submit a notification by providing our Copyright Agent (set forth below) with the following information in writing:

- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

- Identification of the work claimed to have been infringed, or, if multiple works on the Services are covered by a single notification, a
  representative list of such works on the Services;

- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;

- For each work, identification of the infringement that is claimed, which country or countries the work is being infringed, as well as the date and time of the infringement;

- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if applicable, e-mail address;

- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or intellectual property owner, its agent or the law; and

A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Written notification of claimed infringement must be submitted to the following Copyright Agent: LegalCounsel@amcnetworks.com

If access to your content has been disabled or your content was removed and you believe such content is not infringing, you may send a counter-notice containing the following information to our Copyright Agent:

- Your physical or electronic signature;

- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

- A statement that you have a good faith belief that the content was removed or disabled as a result of a mistake or a misidentification of the content; and

Your name, address, telephone number, and, if applicable, e-mail address, and a statement that you shall accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by our Copyright Agent, AMC may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the owner files an action seeking a court order against the content provider or the User, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at AMC’s sole discretion.

19.Termination of Use of the Services

A. You may terminate your subscription for Services at any time, for any reason.

5. To terminate your subscription to Services through Roku, (a) follow the instructions to cancel on your computer or smartphone at https://support.roku.com/article/208756478-how-to-manage-or-cancel-a-subscription-to-a-channel, or (b) go to my.roku.com on your computer or smartphone, sign in to your Roku account, select “manage your subscriptions,” and select the App to cancel your subscription.

B. We may terminate or restrict your use of or registration to the Services at any time, without compensation or notice, at our sole discretion, if you are in violation of these Terms of Use or are engaged in any illegal or unauthorized use of the Services.

C. AMC DOES NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-BILLING PERIOD OR PARTIAL SUBSCRIPTION PERIODS OR FOR UNWATCHED CONTENT ACCESSIBLE THROUGH THE SERVICES, unless required by law. Refer to Section 19.A. above and follow AMC or the applicable Provider’s protocol to cancel your subscription to Services. To the extent permitted by the applicable laws, you acknowledge and agree that we shall have no other liability to you in respect of such termination. Even after your subscription or registration is terminated, to the extent necessary for us to enforce our legal rights, your obligations under these Terms of Use shall remain in effect. Subject to the geographic availability of the Services, and to the extent provided by law, Users residing in Austria or the United Kingdom, you may cancel your subscription to Services within fourteen (14) days of purchase by contacting us at the customer service email associated with the applicable streaming service in Section 3 above. For Users residing in Brazil, you may cancel your subscription to Services within seven (7) days of purchase by contacting us at the customer service email associated with the applicable streaming service in Section 3 above. At their election, Users residing in the United Kingdom may contact us to receive a model cancellation form. In the United Kingdom or Brazil, where you have such a right to cancel your subscription to Services and you exercise this right, you will also be entitled to a full refund for the price of the subscription subject to any deductions for permitted costs by AMC.

20.Assignment

These Terms of Use are personal to you, and any rights, licenses and privileges granted herein, may not be transferred or assigned by you without our consent. We may assign or transfer our rights, licenses and privileges without restriction and without notice to you, provided such assignment or transfer does not affect your rights under these Terms of Use and complies with applicable laws.

21.Indemnity

To the extent permitted by the applicable laws, you agree to defend, indemnify and hold AMC, its parent, affiliates, successors and assigns, directors, officers, employees, representatives, agents, licensors, advertisers, suppliers and operational service providers harmless from any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees) (collectively, “Claims”), arising in any way out of or in connection with your breach or violation of these Terms of Use. AMC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with AMC’s defense of such Claim.

22.DISCLAIMER AND LIMITATIONS OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, THE SERVICES, AND ALL CONTENT, PRODUCTS AND SERVICES ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THAT THE SERVICES WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS, SERVICES OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED OR ERROR-FREE. ALL IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS RELATING TO THIS SITE, AND ALL CONTENT, PRODUCTS AND SERVICES ARE HEREBY DISCLAIMED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL AMAZON, APPLE, COMCAST CORPORATION, GOOGLE, ROKU, OR ANY OTHER THIRD PARTY THAT OWNS OR OPERATES THE APP STORE OR PLATFORM THROUGH WHICH YOU CAN ACCESS AND/OR DOWNLOAD THE SERVICES, THEIR AFFILIATES, VENDORS, AGENTS AND SUPPLIERS, AS APPLICABLE, GIVE ANY WARRANTY, HAVE ANY RESPONSIBILITY OR HAVE ANY LIABILITY WITH RESPECT TO YOUR USE OF THE SERVICES ,OR ANY CONTENT OR FUNCTIONALITY IN THE SERVICES, NOR SHALL THEY BE RESPONSIBLE FOR PROVIDING SUPPORT SERVICES WITH RESPECT TO THE SERVICES.

Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Services. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Services, including, without limitation, Content associated with your use of the Services.

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AMC, ITS AFFILIATES, PARENT, SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS AND SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SERVICES OR FROM THESE TERMS OF USE, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES.

You further understand and acknowledge the capacity of the Services, in the aggregate and for each User, is limited. Consequently, some features or functions may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that AMC assumes no liability, responsibility or obligation to transmit, process, store, receive or deliver transactions and you are hereby expressly advised not to rely upon the timeliness or performance of AMC for any transactions.

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.

We do not attempt to exclude or limit in any way our liability to you where it would be unlawful for us to do so (a “Non-Excludable Provision”). In the UK, Non-Excludable Provisions include liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentations; for defective products under the Consumer Protection Act 1987; or for breach of any express or implied term of these Terms of Use for which liability cannot be excluded or limited under the Consumer Rights Act 2015. In New Zealand, Non-Excludable Provisions include the rights and remedies available to you under the New Zealand Consumer Guarantees Act 1993 (CGA) and the Fair Trading Act 1986 (FTA), unless you are in trade and are using the Services for business purposes, in which case you agree that the rights and remedies under the CGA and FTA do not apply. In Australia, Non-Excludable Provisions include liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation, as well as liability for any guarantee, term, condition or warranty that is implied into these Terms of Use under the Australian Consumer Law or any other applicable legislation. For Users in the United Kingdom, New Zealand, and Australia, if we are able to limit your remedy for our breach of a Non-Excludable Provision, then our liability will be limited to one or more of the following at our option: in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; and in the case of services and digital content, the supplying of the services or digital content again or the repair of the digital content, or the payment of the cost of having the services or digital content supplied again or having the digital content repaired. In Panama, Non-Excludable Provisions include the rights and remedies available to you under Law No. 45 dated October 31, 2007 regarding consumer protection. In Brazil, Non-Excludable Provisions include the rights and remedies available to you under the Consumer Defense Code (Federal Law 8.078/90).

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

23.Terms Applicable to Third Party Platform Providers

If you access or download the App via Amazon, Apple, Google, Roku or any other third party application store or platform (each, a “Third Party Platform Provider”), such Third Party Platform Providers shall be third-party beneficiaries to these Terms of Use. However, to the extent permitted by applicable law, these Third Party Platform Providers are not party to these Terms and have no obligation to provide maintenance and/or support of the Services. AMC, not such Third Party Platform Providers, is solely responsible for the Services. The Third Party Platform Providers, however, are solely responsible for the operations of the platform, which may affect your ability to access the Services. Your access to the App through the Third Party Platform Providers’ application stores or platforms are subject to the terms set forth in the applicable Third Party Platform Provider’s term of service.

If there are any conflicts between these Terms of Use and the customer terms of use of the Third Party Platform Provider, then to the extent of such conflict, the Third Party Platform Provider’s terms of use will control, as applicable. Third Party Platform Providers do not have any responsibility or liability related to the compliance or non-compliance by you under these Terms of Use or their respective end user license agreements.

24.Electronic Signature and Contracts

When you use the Services, you can enter into agreements and make purchases electronically. You agree to the use of electronic records and signatures in association with the Services. Your agreement and intent to use electronic records and signatures applies to all transactions you enter into on the Service, including without limitation and to the full extent allowed by law, notices of cancellation, policies, contracts, and applications. If you do not wish to use electronic records and signatures, do not use the Services.

You may have a legal right to receive certain information from us in writing. You agree that we may use e-mail and other electronic means to provide you with such information as well as for other communications. To access and retain this information you will need to provide us with an active e-mail account, and you must have an Internet-connected device that is capable of receiving HTML e-mails and a method of storing or printing those e-mails. You may have a legal right to receive paper copies of certain notices. To receive such copies, contact us at the customer service email associated with the applicable streaming service in Section 3 above. To update your contact information, click on “My AMC+” (or “My Account” or other applicable AMC streaming service name) at the top right of the screen of the Ecommerce Website and select “Manage Account” or contact us at the customer service email associated with the applicable streaming service in Section 3 above.

You confirm that you have the ability to access and retain e-mails.

25.Force Majeure

AMC shall not have any liability to you by reason of any delay or failure to perform any obligation hereunder if the delay or failure to perform is occasioned by force majeure, which shall refer to any act of God, storm, fire, casualty, unanticipated work stoppage, power outage, satellite failure, strike, lockout, labor dispute, civil disturbance, riot, war, national emergency, governmental action or other cause beyond AMC’s reasonable control.

26.Geographic Availability

The Services are intended for viewing solely within the United States, and the countries identified at this link for each applicable streaming service (the “Territories”). AMC makes no representations that materials or other Content in the Services are appropriate or available for use outside of the Territories.

AMC+: Australia, Canada, New Zealand, US Territories.

Acorn TV: Argentina, Australia, Bolivia, Canada, Chile, Colombia, Costa Rica, Denmark, Guatemala, Honduras, Mexico, The Netherlands, New Zealand , Nicaragua, Norway, Panama, Paraguay, Peru, San Salvador, Sweden, The United Kingdom, US Territories.

Allblk: United States only.

Shudder: Australia, Canada, Ireland, New Zealand, The United Kingdom, US Territories.

Sundance Now: Canada, US Territories.

AMC makes no representations that materials or other Content in the Services are appropriate or available for use outside of the Territories.

27.Dispute Resolution

You and AMC (“the Parties”, each a “Party”) agree to the following dispute resolution provisions of this Section 27 with respect to any claim, dispute, or controversy arising out of, relating to, or connected in any way with the Services (“Dispute”).

The terms of Section 27 apply to all Disputes, even if the actions or relationship giving rise to such Disputes occurred prior to this version of the Terms (or such modification). However, these Dispute Resolution terms do not apply to any Dispute as to which you have personally initiated a lawsuit or arbitration (each, an “Action”) prior to agreeing to these Terms. If any modification of the terms of Section 27 is deemed to be unlawful, void or for any reason unenforceable, then the dispute resolution provisions effective at the time of your agreement to these Terms shall govern any dispute or disagreement between you and us regarding the Services.

Each provision of this Section 27 applies to the maximum extent permitted by law.

A. Dispute Resolution Provisions Applicable to All Users

- a. If you live in Australia, you can bring legal proceedings in respect of the Services in the courts of Australia or the relevant State or Territory in which you live. Where you do, you submit to the non-exclusive jurisdiction of the relevant court in Australia.
- b. If you live in the United Kingdom, you can bring legal proceedings in respect of the Services in the courts in any part of the United Kingdom.
- c. If you live in Chile, you can bring legal proceedings in respect of the Services in the courts of Chile.

B. Mandatory Dispute Resolution Provisions for U.S. and Guatemala Users

28.Miscellaneous

These Terms of Use, together with any Additional Terms, our Privacy Policy, our Cookie Policy, and any other regulations, procedures and policies which we refer to and which are hereby incorporated by reference, contain the entire understanding and agreement between you and AMC concerning the Services and supersedes any and all prior or inconsistent understandings relating to the Services and your use thereof. To the extent that there is a conflict between these Terms of Use and the Additional Terms for the activity in which you choose to participate, the Additional Terms shall govern.

These Terms of Use cannot be changed or terminated orally.

If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, this shall not affect any other provisions and these Terms of Use shall be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of these Terms of Use.

These Terms of Use were last modified on the date indicated above and are effective immediately.