Network Terms of Use
AMC NETWORKS TERMS OF USE
Last Updated: March 30, 2023
AMCN.NTU.23.1
Please fully read this Terms of Use Agreement (the “Terms”) carefully, as it establishes legally binding terms and conditions that apply to your use of the Services (defined below).
IMPORTANT: SECTION XXV 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 ARBITRATION PROVISION ONLY APPLIES TO SERVICES RENDERED IN THE UNITED STATES.
These Terms govern your use of all websites, applications, mobile applications, games, sweepstakes, contests, products and services owned and operated by AMC Networks Inc. and its United States-based affiliate and subsidiary companies (together, “AMC” or “we” and sometimes “us”) and anywhere else where these Terms are posted (collectively, the “Services”). These Terms apply whether you are accessing the Services using a personal computer, mobile device, gaming console or other equipment or device. These terms do not cover other services, websites or any content, features and activities accessible or made available by any third party, unless specifically stated.
The Terms include:
- The terms and conditions in this document;
- The Privacy Policy, located here;
- The 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 activities (“Rules”), including contests and sweepstakes (“Promotions”).
The Terms apply to anyone who uses the Services (“User”, “you” or “your”), and people who simply browse the Services. If you access, use, visit, register for, or subscribe to the Services, you acknowledge that you have read and understood the Terms and agree to be bound by them.
If you do not agree to these terms, please do not access or use the Services.
Click below for specific information about:
II. Agreement to Changes or Updates
III. Site and Service Ownership
IV. Violations and Termination
V. Participation and Registration
VI. Protection of Passwords and Registration Information
VII. Restrictions on Use of Content
IX. Downloads and Availability of Content
X. Prohibitions on Framing and/or Posting
XI. Electronic Communications and Personal Information
XVII. Electronic Signature and Contracts
XVIII. Accuracy of Information
XXI. Leaving AMC Sites and Services
XXVI. Affiliates, Service Partners and Sponsors
XXVIII. Advice, Opinions and Other Third Party Information
XXIX. Copyright Information and Infringement Concerns
XXX. Closed Captioning of Video Programming
XXXIII. Third Party Beneficiaries
XXXIV. Validity of these Terms
I. AGREEMENT TO THE TERMS
THIS IS A BINDING LEGAL AGREEMENT BETWEEN YOU AND AMC. YOU MUST READ THESE TERMS IN THEIR ENTIRETY. THIS AGREEMENT CONTAINS WARRANTY AND LIABILITY DISCLAIMERS. BY ACCESSING AND/OR USING THE SERVICES, YOU ACCEPT AND AGREE TO THESE TERMS, INCLUDING ANY AND ALL RESTRICTIONS POSTED VIA THE SERVICES, WITHOUT ANY MODIFICATION, ADDITION OR DELETION. IF YOU DO NOT AGREE TO OR CANNOT COMPLY WITH THE TERMS CONTAINED IN THIS AGREEMENT IN THEIR ENTIRETY, YOU ARE NOT AUTHORIZED TO USE THE SERVICES. PLEASE NOTE YOU MAY BE DENIED ACCESS TO THE SERVICES, BY THE SOLE DISCRETION OF AMC, WITH OR WITHOUT PRIOR NOTICE TO YOU, FOR NONCOMPLIANCE WITH ANY PROVISION OF THIS AGREEMENT.
NOTHING IN THESE TERMS SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.
| Back To Top |
II. AGREEMENT TO CHANGES OR UPDATES
We reserve the right to make changes and update any information or Content contained within the Services and/or Terms without prior notice. Please check this page periodically for updates. Any changes to these provisions will be incorporated into revised Terms that we will post here. Changes shall be effective when they are posted. Users have the obligation to review changes to these Terms when they access or re-access the Sites and/or Services. If you do not agree to, or cannot comply with the revised Terms, you must stop using the Sites and/or Services.
| Back To Top |
III. SITE AND SERVICE OWNERSHIP
The Sites and Services are owned and operated by AMC. AMC, its subsidiaries and affiliates (hereinafter, collectively, “Affiliates”), and/or parties that have granted us specific usage authorizations (“Licensors”) own the logos, images, text, tools, graphics, marks, names, photographs, sound, illustrations, design elements, materials, codes and software (collectively “Content”) displayed or posted on or through the Sites and/or Services. Copyrights, trademarks, trade names, service marks or names, or other proprietary rights and laws protect this Content.
| Back To Top |
IV. VIOLATIONS AND TERMINATION
Any conduct that in any way violates these Terms or any posted restrictions or guidelines may result, in our sole discretion, in the termination of your license and right to utilize the Services to access Content or for any other purpose, and/or our pursuit of any legal damages or remedies. If necessary, or as authorized under applicable law, we may cooperate with local, state and/or federal authorities to protect the Sites, the Services, the Content, AMC, its Affiliates, Licensors, members, employees, agents and/or users; to comply with applicable laws; or to prevent unauthorized access or use of the Services or the Content. We retain the right to deny access to the Services, in our sole discretion, to any user for any reason, including for any violation of these Terms.
| Back To Top |
V. PARTICIPATION AND REGISTRATION
In. You agree not to mask your identity by providing false information, or by providing another person’s information that you are not authorized to provide. If you provide us with any information you are not authorized to provide, we may suspend or terminate your site registration or participation and pursue any other legal remedies. In the instances that you provide your email address to AMC, you consent to our using the email address to send you Service-related notices, including among other things notices required by law, in lieu of postal mail. You may not opt-out of Service-related emails. We may also send you commercial email on behalf of ourselves, our Affiliates, and certain unaffiliated third parties. You may opt-out of receiving such emails at any time by following the unsubscribe instructions included in each commercial email.
| Back To Top |
VI. PROTECTION OF PASSWORDS AND REGISTRATION INFORMATION
Registration for certain Services may require you to select a password or provide other registration information. You agree that you are solely responsible for maintaining the confidentiality and security of any passwords or other registration information that you provide to us when registering for website activities, features, or Services. You agree to notify us of any unauthorized use of your password or other registration information immediately after you become aware of such use. AMC will not be responsible for any losses arising out of the unauthorized use of your registration information and/or your account. You agree to indemnify and hold harmless, AMC, its Affiliates, members, employees, agents and/or users, harmless from any claim, action or damages related to such use.
| Back To Top |
VII. RESTRICTIONS ON USE OF CONTENT
As between AMC and you, AMC owns all rights in the Services and Content. Use of Content for any purpose not expressly permitted herein is prohibited. Users may not copy, download, reproduce, republish, upload, post, transmit, distribute, sell, license, rent, publicly display or perform, edit, store, re-use, adapt, incorporate or create a derivative work of, in any manner, any Content obtained from this site other than as provided herein. Users may print, download or transmit to a personal device the Content from this site only for personal and non-commercial use, provided that the user keeps intact all Content, including any copyright, trademarks, service marks or other proprietary notices and credit lines that appear with or on the site Content. Any use, copying, downloading, reproduction or redistribution for commercial purposes is strictly prohibited. Nothing contained on this site grants, or shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any AMC trademarks, trade names, service marks or logos without the prior written permission of AMC. Users expressly agree not to engage in any use or activity that:
- Interrupts, destroys, alters, damages, delays, floods or limits the functionality or integrity of the Services or Content offered through the Services, including any associated software, hardware, or telecommunications or wireless equipment;
- Manipulates identifiers or numeric information to disguise the origin of any user, device, material or other information;
- Infringes on any patent, trademark, trade name, service mark or name, copyright, trade secret, or other proprietary right of any Content;
- Contains unauthorized advertising, advertises Content as your own or solicits other users;
- Promotes any business or commercial activity for any products, goods or services without prior written consent from AMC;
- Impersonates any business or entity, or falsely represents your affiliation with a person or entity;
- Causes the forwarding of information that you do not own, have the right to provide, or that is false or misdirected;
- Translates, reverse engineers, decompiles, disassembles, modifies or creates derivative works based on the Services, the Content available through the Services or any portion thereof;
- Circumvent any technology used by AMC or its licensors to protect the Services and/or the Content accessible via the Services;
- Contains off-topic information;
- Rent, lease, lend, sublicense, or otherwise redistribute any part of the Services and/or the Content;
- Is unlawful, harmful to adults or minors, threatening, abusive, harassing, inflammatory, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or otherwise objectionable; or
- Otherwise violates AMC policies or the Terms.
AMC has established access areas or site services where certain users may be permitted to download or use specific information or Content for purposes other than provided herein. This limited access and usage is a feature of a specific site service and is not intended to give up any of our rights to protected Content and information on this site or that is otherwise owned by AMC or its Affiliates. Any waivers or extension of the above restrictions may only be obtained with the express written permission of AMC by sending a written request to:
AMC NETWORKS INC.
c/o AMC Network Entertainment LLC
11 Penn Plaza, 15th Floor
New York, NY 10001
Attention: Webmaster
info-amc@amc.com
Decisions to grant or deny permission are within AMC’s sole discretion. AMC and its Affiliates reserve any rights to pursue any causes of action, including, but not limited to, infringement actions or damages resulting from failure to comply with these Content restrictions and/or these Terms.
| Back To Top |
VIII. INTERNATIONAL USE
AMC makes no representation that every aspect of the Service is appropriate or available for use in any particular jurisdiction. When you choose to access and use the Service, you agree that you do so voluntarily and at your own risk. You further agree that you will not use the Service if you are prohibited from receiving products, services, or software originating from the United States, and that you are responsible for complying with all applicable local laws and regulations, including those concerning the transmission of technical data exported from your country of residence.
If there is a conflict between any of these terms and your rights under applicable local laws, your rights under applicable local law will control regarding those specific terms.
| Back To Top |
IX. DOWNLOADS AND AVAILABILITY OF CONTENT
In the event a feature of this site authorizes the download of certain software from this site or another electronic device, the software, including any files, images, graphics or Content incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by us or third-party licensors for your personal, non-commercial use only. We do not transfer title to the Software to you. You own the medium or electronic device on which the Software is viewable or recorded, but we (or our third-party licensors) retain full and complete title to the Software and all intellectual property rights therein. Although you may transmit or download certain Content accessible via the Software, you may not sell, auction, decompile, reverse engineer, disassemble, redistribute for commercial purposes or otherwise reduce the Software to a human-readable form. You are also solely responsible for the Software’s compatibility, ability to function and interface with your medium or electronic device. AMC reverses all rights not expressly granted to you.
Certain Software or Content may be available for temporary download on certain supported devices for offline access when you do not have a network connection. Limitations and expiration rules may apply including the amount of Software or Content available for download, maximum number of downloads, and geographic and device restrictions.
Where applicable, we use various technologies to provide you with an optimal viewing experience. Even with these technologies, the functionality of the Software and 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 Software and Content depending on your internet service and device capabilities. Not all devices allow you to access Software and Content in all formats and not all Software and Content is available in all formats. AMC makes no representations or warranties about the quality of your watching experience on your display.
On occasion, we may make Software and Content available for free for limited promotional periods, at our discretion. We make these offerings on a promotional basis, and we have the sole discretion regarding the availability of the Software and Content, eligibility to access the Software and Content, and requirements to access the Software and Content. For clarity, such Software and Content may contain advertisements and require you to enable location access which involve the processing of your personal information. More information on the processing of your personal information is available in our Privacy Policy.
We may add, remove, or disable access to certain Software or Content at our sole discretion. You understand that the Software and Content available to you may change over time, and some Software and Content may not be available in certain geographic regions or may not be accessible 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 Software, Content, or Services, or the materials or functionality of the Software, Content, or Services.
| Back To Top |
X. PROHIBITIONS ON FRAMING AND/OR POSTING
Users are prohibited from (i) framing and/or linking to any portion of AMC’s Services other than the content expressly made available to users for that purpose; (ii) posting banners, advertising or other links on the AMC web site pages; or (iii) using any Content or site logos for purposes beyond personal use, without the express written permission of AMC. Written requests for framing, site postings, advertising or Content usage should be sent to info-amc@amc.com . Users may encourage others to access the information appearing on our site or available through other electronic devices. You may also link to our homepage from another site or electronic communications, as long as the link does not imply or state any affiliation, connection, sponsorship or approval by AMC. You may not bypass registered areas of our site and hyperlink to protected pages.
| Back To Top |
XI. ELECTRONIC COMMUNICATIONS AND 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.
We may use the personal information you provide to communicate with you regarding the Services, as well as contests, promotions, offerings, and Site features. You may also choose to receive push notifications from us on your mobile device. By providing your personal information, you consent to our communicating with you using the personal information you provide, including without limitation, email addresses and phone numbers. In the instances that you provide your email address to AMC, you consent to our using the email address to send you Service-related notices, including without limitation, notices required by law, in lieu of postal mail. You may not opt-out of Service-related emails. We may also send you commercial email on behalf of ourselves, our Affiliates, and certain unaffiliated third parties. You may opt-out of receiving such emails at any time by following the unsubscribe instructions included in each commercial mail.
While we appreciate your communications, AMC cannot guarantee that it will respond to your messages. When you submit non-personal information to us, you agree that AMC has the right to publish, use, copy, store and distribute the material for any use, including promotional and advertising purposes, without liability or restriction. We assume no obligation to limit the use of or to protect any such non-personal information from disclosure.
If there is a conflict between any of these terms and your rights under applicable local laws, your rights under applicable local law will control regarding those specific terms.
| Back To Top |
XII. UNSOLICITED SUBMISSIONS
AMC does 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 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.
| Back To Top |
XIII. INTERACTIVE AREAS
We may provide access to interactive areas on the Sites or through the Services, such as chats and discussion boards, user content areas and talk forums (collectively identified as “Interactive Areas”). These Interactive Areas are public areas and may be owned, operated and/or managed by entities other than AMC. These entities may share transcripts of Interactive Areas with AMC, its Affiliates and other third parties. Users must follow all posted guidelines for Interactive Areas. To the extent there is a conflict between the rules of an Interactive Area and the Terms herein, the rules of the Interactive Area will govern. AMC reserves the right, in its sole discretion, to remove any content, chats, discussion boards or any other content posted through the Services. Postings are the responsibility of the person from whom such postings originate. You represent and warrant that you are the owner of, have the right to provide, and are responsible for any information, materials or images that originate from you or your account and that are emailed, posted, uploaded, transmitted or otherwise made available for access, viewing or use over this website, in Interactive Areas or through other electronic devices. You grant AMC and its Affiliates an irrevocable, worldwide, royalty-free, perpetual, non-exclusive, fully sublicensable right to use, copy, display, modify, edit and create derivative works from and to distribute any information that you post, upload or transmit in or through the Services. Submissions or postings to Interactive Areas, without limitation, will be made public. If a posting, message or other transmission originates from you or your account, you hereby understand and agree that you are placing the posting in the public domain, and you represent and warrant that the posted or transmitted information (i) is not unlawful, harmful to adults or minors, threatening abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) does not violate any patent, trademark, trade secret, copyright or other proprietary rights of any person; (iii) does not contain unauthorized advertising or solicit other users; (iv) does not interrupt, destroy or limit the functionality, integrity or operation of any software, hardware or Content; (v) that the posting does not violate or breach the Terms; (vi) is for noncommercial purposes and is not intended to promote or generate revenue for any business enterprise or commercial activity; and (vii) does not reveal plot points or other “spoiler” elements related to any AMC programming. Users also expressly agree not to use Interactive Areas to make available any information or content that violates the restrictions contained in Section VII above or that disrupts or incites others to violate our standards, any laws or these Terms. For increased security, we encourage you to not include any personal information about yourself or others in Interactive Areas, such as name, phone number, email or street address. You should always use a screen name or other alias (other than your real name) to identify yourself in any public or Interactive Areas. AMC, its Affiliates and any content providers that conduct, operate and/or manage Interactive Areas will not be responsible or liable for the actions or postings of any users or third parties with respect to any information, materials or content posted, uploaded or transmitted in Interactive Areas. Postings to Interactive Areas may not be reviewed by AMC prior to appearing publicly. AMC reserves the right, but has no obligation, to change, delete or remove, in part or in full, any postings made available through the Services or in Interactive Areas. AMC may also terminate or suspend access to such areas for conduct that we believe interferes with other people’s enjoyment, violates applicable laws and/or these Terms.
| Back To Top |
XIV. WIRELESS SERVICES
AMC may provide you with the opportunity to register for special services, news, programming, applications or other information delivered via wireless devices. When registering for such service(s), you consent to the delivery and receipt of any such information from AMC or its third party service providers overyour wireless device. You shall provide wireless device contact information through a mobile device number, wireless email or other contact information. Additional information, such as your wireless carrier, may also be requested to complete the registration. You are solely responsible for all charges from your wireless provider including any data and messaging fees incurred when you use mobile devices to interact with the Service or receive communications from AMC or its authorized third party providers. Under no circumstances will AMC or its Affiliates be responsible or liable for any wireless carrier fees or charges you or a third party that has access to a wireless device, telephone number or email address incur, including for third parties that receive information from AMC as directed by a User’s registration for such service. Certain activities or services available through wireless or other electronic devices may involve: (i) communications over various networks, servers or devices prior to reaching its intended recipient; (ii) changes to adapt to multiple security requirements; and (iii) changes to adapt to technology requirements of various networks. You understand that such automated communications and changes are beyond the control of AMC once Content or other information leaves the AMC network or servers. AMC and its Affiliates are not liable or responsible for any consequence or damage resulting, directly or indirectly, from such automated communications or changes. Users must comply with any additional end user licensing restrictions in connection with wireless services. You understand and agree that AMC, at its sole discretion, may discontinue or terminate any wireless or other services at any time and without notice.
| Back To Top |
XV. PAID SERVICES
Where features of the Services require payments, and you use those features, you agree to the applicable pricing and payment terms. You also agree to any additional terms governing all such purchases as presented to you or posted on the Services to which they apply, including all requirements to pay applicable fees and taxes. All payment transactions are administered by a third party provider(s). AMC expressly disclaims any liability for any third party provider’s processing of payment transactions, including without limitation, errors in invoicing, errors in payment processing, or any breach of security involving your payment information arising from any third party provider’s processing of payment transactions. Unless otherwise specified in any additional terms presented to you or posted on the Services, no refunds are available, and subscriptions may renew automatically. If you sign up for a free trial subscription, you will be automatically billed through your selected payment method at the current price of the Services at the end of the free trial. You may cancel any automatically renewing subscription by following the instructions included in the terms presented to you or posted on the Services.
We reserve the right, as permitted by law, to change any and all prices for any Services 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 prior written notice. If you do not wish to use the Services at the increased price, you may cancel by following the instructions included in the terms presented to you or posted on the Services prior to the end of the then current billing period.
| Back To Top |
XVI. 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 info-amc@amc.com. 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.
| Back To Top |
XVII. ELECTRONIC SIGNATURE AND CONTRACTS
When you use features of the Services that require payments, 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 regarding the Services, 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 info-amc@amc.com. To update your contact information, follow the instructions included in the terms presented to you or posted on the Services.
You confirm that you have the ability to access and retain e-mails.
| Back To Top |
XVIII. ACCURACY OF INFORMATION
AMC uses reasonable efforts to ensure the accuracy and correctness of Content available through the Services and the operation of the Services and certain offerings; however, the Services may occasionally contain Content, information or specifications that are inaccurate, incomplete or out of date. We make no representations or warranties regarding Content, Sites, or Services accuracy, validity, correctness, timeliness, reliability or that usage will be error-free. Services’ information may not be updated on a daily basis and may not be the most current information available. Although we may post updated information, we may continue to allow access to the original information or Content, or we may not go back and change the original information to reflect new developments. You should independently confirm any information appearing through the Services. We are not responsible for any claim, liability or damage resulting from your use, reaction or reliance on any Content or information available through the Services.
| Back To Top |
XIX. DISCLAIMER OF WARRANTIES
THE SITES, SERVICES, AND CONTENT ARE PROVIDED “AS IS.” WE DO NOT WARRANT, EXPRESSLY OR BY IMPLICATION, THE ACCURACY OR RELIABILITY OF ANY CONTENT PROVIDED OR POSTED THROUGH THE SERVICES OR ITS SUITABILITY FOR ANY PARTICULAR PURPOSE. AMC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, SATISFACTION, QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. AMC DOES NOT WARRANT THAT THE CONTENT FOUND THROUGH THE SERVICES IS FREE FROM VIRUSES OR OTHER POTENTIALLY HARMFUL ATTRIBUTES.
| Back To Top |
XX. LIMITATION OF LIABILITY
NEITHER AMC NOR ITS AFFILIATES, SUBSIDIARIES, MEMBERS, EMPLOYEES, OR AGENTS SHALL BE LIABLE OR SHALL HAVE RESPONSIBILITY OF ANY KIND WHATSOEVER TO ANY USER OR THIRD PARTY, FOR ANY LOSS, HARM OR DAMAGE THAT RESULTS OR OCCURS FROM: (I) USE OF OR ACCESS TO SERVICES OR CONTENT POSTED THROUGH THE SERVICES; (II) USE OR ACCESS TO ANY SERVICE, WIRELESS OR OTHERWISE, PROVIDED AS A FEATURE OR OFFERING THROUGH THE SERVICES; (III) ANY FAILURE OR INTERRUPTION OF THE SERVICES; (IV) ANY ACT OR OMISSION OF ANY SERVICE PROVIDER OR AGENT INVOLVED IN MAKING THE SERVICES OR THE CONTENT AVAILABLE TO USERS; (V) ANY OTHER CAUSE RELATING TO A USER’S ACCESS OR USE, OR INABILITY TO ACCESS OR USE, ANY PORTION OF THE SERVICES OR CONTENT; (VI) ANY CONTENT, MATERIALS, ADVICE OR OPINIONS POSTED OR UPLOADED THROUGH THE SERVICES, INCLUDING ANY USER RELIANCE ON SUCH INFORMATION; (VII) ANY SECURITY BREACH, OR ANY VIRUS, BUG, TAMPERING, UNAUTHORIZED INTERVENTION, FRAUD, ERROR, INACCURACY, DEFECT OR TECHNICAL MALFUNCTIONS; OR (VII) ANY USER’S FAILURE TO COMPLY WITH THESE TERMS, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF AMC, ITS AFFILIATES OR AGENTS PROVIDING SOFTWARE, SERVICES OR SUPPORT. IN NO EVENT WILL AMC, ITS AFFILIATES, SUBSIDIARIES, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE TO ANY USER FOR ANY DIRECT, SPECIAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OR ANY OTHER LOSS OR DAMAGES OF ANY KIND EVEN IF AMC OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF.
| Back To Top |
XXI. LEAVING AMC SITES AND SERVICES
When you click on any link that takes you outside of the Sites or away from an application or other service, your use of the Internet will be governed by the terms of use and privacy policies, if any, of the particular site and/or service that you are accessing. AMC, ITS AFFILIATES, SUBSIDIARIES, MEMBERS, EMPLOYEES AND AGENTS WILL NOT BE RESPONSIBLE OR LIABLE FOR THE CONTENT, ACTIVITIES, OFFERINGS, PRIVACY PRACTICES OR TERMS OF USE OF THIRD PARTIES.
| Back To Top |
XXII. 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, public health emergency, strike, lockout, labor dispute, civil disturbance, riot, war, national emergency, Governmental action or other cause beyond AMC’s reasonable control.
| Back To Top |
XXIII. ASSIGNMENT
These Terms are personal to you, and any rights, licenses and privileges granted herein, may not be transferred or assigned by you without AMC’s 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 and complies with applicable laws.
| Back To Top |
XXIV. INDEMNIFICATION
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS AMC, ITS AFFILIATES, MEMBERS, EMPLOYEES, AND AGENTS FROM AND AGAINST ALL CLAIMS, LOSSES, EXPENSES, DAMAGES, COSTS AND FEES, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM YOUR VIOLATION OR BREACH OF THESE TERMS, YOUR UNAUTHORIZED ACCESS OR USE OF CONTENT, SERVICES AND/OR ANY CONSEQUENCES ARISING OUT OF YOUR ACCESS OR USE OF THE SERVICES AND OR CONTENT.
| Back To Top |
XXV. DISPUTE RESOLUTION
You and AMC (“the Parties”, each a “Party”) agree to the following dispute resolution provisions of this Section XXV with respect to any claim, dispute, or controversy arising out of, relating to, or connected in any way with the Services (“Dispute”) and any lawsuit, arbitration or other proceeding that may arise out of such Dispute (each an “Action”).
The terms of Section XXV apply to all Disputes and Actions , even if the circumstances or relationship giving rise to such Disputes or Actions occurred prior to this version of the Terms (or such modification). However, these Dispute Resolution terms do not apply to any Dispute which you have asserted, or any Action which you have initiated prior to agreeing to these Terms. If any modification of the terms of Section XXV 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 XXV applies to the maximum extent permitted by law.
A. Dispute Resolution Provisions Applicable to All Users
- 1. Time to Sue. Neither Party may bring any Action more than one year after the cause of action has arisen (or if the Action relates to multiple similar events, more than one year from the date the first such event occurred).
- 2. Class Action and Jury Waiver. THE PARTIES WAIVE THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, MASS ACTION, GROUP ACTION, REPRESENTATIVE ACTION, AND/OR COLLECTIVE ACTION IN ANY DISPUTE. EACH PARTY MAY PROCEED AS TO ANY DISPUTE ONLY IN THAT PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, MASS ACTION, GROUP ACTION, REPRESENTATIVE ACTION, AND/OR COLLECTIVE ACTION.
- 3. Applicable Law. These Terms and your use of the Services are governed by, construed and enforced in accordance with the internal substantive laws of the State of New York, United States, regardless of the State’s conflict of laws provisions. However, any question as to whether a Dispute is a Covered Dispute (as defined below) and/or whether a Dispute is subject to the Mandatory Dispute Resolution Provisions for U.S. Users is to be decided by applying the provisions of the Federal Arbitration Act, Title 9 of the U.S. Code (“FAA”).
- 4. Choice of Venue: For any Action allowed to proceed in court, or to enforce the terms of this Agreement, the Parties agree to exclusive personal jurisdiction and venue in the State courts of the State of New York or the United States District Court for the Southern District of New York.
B. Mandatory Dispute Resolution Provisions for U.S. Users
- 1. Covered Disputes. If you live in the United States, any Dispute between the Parties is a Covered Dispute, with the following exceptions: (1) any individual (non-class) claim that can be solely resolved in small claims court, and (2) to the extent you have in any manner violated or threatened to violate our intellectual property rights, our suit to enforce such intellectual property rights including by injunction. If a Dispute is a Covered Dispute, these Mandatory Dispute Resolution Provisions for U.S. Users apply. If there is any dispute between the Parties as to whether a Dispute is a Covered Dispute, that dispute shall be submitted to the Arbitrator (as defined below) for the Arbitrator to determine. If a Covered Dispute qualifies for small claims court, but a Party commences an arbitration proceeding, the other Party may elect instead to have the Covered Dispute resolved in small claims court, and upon written notice of a Party’s election, the Arbitrator will administratively close the arbitration proceeding.
- 2. Agreement to Arbitrate Covered Disputes. Any Covered Dispute that the parties cannot resolve through the Informal Dispute Resolution Process (as defined below) must be brought on an individual basis and will be resolved exclusively by final and binding arbitration (“Arbitration”) before an arbitrator mutually selected by the Parties (the “Arbitrator”). The Arbitrator must have experience with the subject matter of the Dispute, and be a former federal or state court judge. The Parties intend the FAA to apply to ensure enforcement of these Mandatory Dispute Resolution Provisions. Your agreement to these Mandatory Dispute Resolution Provisions is material to AMC offering the Services, as AMC could not offer the Services for free or at the price charged without the cost savings provided thereby.
- 3. Informal Dispute Resolution. Before initiating an Arbitration, the Parties agree to use their best efforts to settle any Covered Dispute directly through consultation and good faith negotiations according to the following process (“Informal Dispute Resolution Process”), which shall be a precondition to either Party initiating an Arbitration:
- a. If you have a Covered Dispute with us, you must send an individualized, written notice describing the Covered Dispute to us via email to [insert e-mail]. If we have a Covered Dispute with you, we will send a written notice to you using the contact information we have for you.
- b. Promptly following receipt of such notice, we will personally meet, via telephone or videoconference, in a good-faith effort to confer with each other and try to resolve informally any Covered Dispute covered by this Agreement.
- c. If you are represented by counsel, your counsel may participate in the conference as well, but you agree to fully participate in the conference personally. Likewise, if we are represented by counsel, our counsel may participate in the conference as well, but we agree to have a company representative fully participate in the conference.
- d. The statute of limitations and any filing fee deadlines shall be tolled while the Parties engage in the Informal Dispute Resolution Process required by this paragraph.
- e. If the Covered Dispute is not resolved within 60 days of the opposing Party receiving the notice, then either you or we may proceed in accordance with these Mandatory Dispute Resolution Provisions.
- f. Failure to complete the Informal Dispute Resolution Process is grounds for dismissal of any Arbitration.
- g. If a Party brings an Arbitration without following the Informal Dispute Resolution Process, it is grounds for dismissal, and such Party is required to pay any reasonable costs and fees of the other Party.
- 4. Arbitrator Selection. The parties will meet and confer in good faith to select an arbitrator. For purposes of this Section, good-faith meet-and-confer efforts require that each party propose at least three arbitrators who meet the qualifications described in these Terms. If, after 60 days of good faith meet and confer efforts, the Parties are unable to agree on an arbitrator, either Party may petition the State courts of the State of New York or the United States District Court for the Southern District of New York to appoint an arbitrator meeting the requirements herein from the arbitrators proposed by the parties.
- 5. Rules Selection. The Arbitration shall be administered pursuant to JAMS’ Streamlined Arbitration Rules and Procedures or other comparable rules to which the parties agree. The selection of JAMS rules does not mean that JAMS will administer the Arbitration or appoint the Arbitrator.
- 6. Conduct of Arbitration. The Arbitration shall be conducted via electronic or telephonic means. If the Party seeking Arbitration fails to appear at the administrative conference regardless of whether such Party’s counsel attends, the Arbitrator will administratively close the Arbitration proceeding without prejudice, unless such Party shows good cause as to why they were not able to attend the conference.
- 7. Arbitration Costs. If the Arbitrator finds that the costs and fees of an Arbitration you initiate will be prohibitive for you as compared to the costs of litigation, we will pay as much of your filing, arbitrator, and hearing fees in the Arbitration as the Arbitrator deems necessary to prevent the Arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith. If we initiate an Arbitration against you, we will pay all costs associated with the Arbitration (other than your attorneys’ fees and expenses unless permitted to be recovered under the arbitration rules or applicable law).
- 8. Your 30-Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration provision set forth in this Section by sending written notice of your decision to opt-out to the following address via certified mail: legalcounsel@AMCNetworks.com. The notice must be sent within thirty (30) days of your first use of the Services after the effective date of the Services, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those Sections. If you opt-out of these arbitration provisions, AMC also will not be bound by them.
- 9. AMC Right to Terminate Mandatory Dispute Resolution Program. At any time, AMC may terminate its agreement to Section XXV.B.2-9. That termination will not affect any Action that has already been initiated.
| Back To Top |
XXVI. AFFILIATES, SERVICE PARTNERS AND SPONSORS
Certain website features, promotions, activities or information may be made available, sponsored or promoted by Affiliates, service partners or sponsors.
| Back To Top |
XXVII. THIRD PARTY LINKS
Our website may contain links or banners to other sites or resources on the Internet that are controlled by third parties. These links are provided solely as a convenience to our Users and do not constitute an endorsement, recommendation or certification by AMC, its Affiliates or any third-party site, resources, content, products or services. Any concerns regarding external links or other websites should be directed to the respective website operator. Because AMC has no control over such sites and resources, you acknowledge and agree that AMC shall not be responsible or liable, directly or indirectly for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any linked content. You further agree and acknowledge that any information made available via the Services regarding third party offers is for information purposes only and when you click on any link that takes you outside the Services, your use of the Internet will be governed by the terms of use and privacy policies, if any, of the particular website or service that you are accessing. You acknowledge that all third-party postings available through the Services have been provided by a third party operator/provider and we do not make any warrant regarding quality, accuracy or completeness. Finally, you understand that all User transactions with third parties are solely between the User and the third party. AMC reserves the right, in its sole discretion, to terminate links with any third parties or other websites.
| Back To Top |
XXVIII. ADVICE, OPINIONS AND OTHER THIRD-PARTY INFORMATION
Our website allows for entertaining communication to and with its users. The Services may contain facts, views, opinions and statements of AMC, its Affiliates, employees, agents or independent third parties. We do not represent or endorse the accuracy, reliability, appropriateness or truthfulness of any advice, opinion, statement or other information or images displayed or distributed through our Sites or Services. Statements or other information posted by third parties also do not reflect the views, opinions or beliefs of AMC, its Affiliates and are not intended to replace or provide any medical or other professional diagnosis, treatment, claim, advice or recommendation. You acknowledge and assume all risks and liability associated with your review, use, reaction or reliance on any statements, opinions or other information posted or transmitted by third parties on our Sites or through the Services.
| Back To Top |
XXIX. COPYRIGHT INFORMATION AND INFRINGEMENT CONCERNS
The Copyright for this site is held by AMC Networks. All rights reserved. If you believe in good faith that Content or other information appearing on this website infringes on your copyright, you (or your agent) may send us a notice in accordance with the current requirements provided in the Digital Millennium Copyright Act of 1998 (DMCA). Notices should be sent to:
AMC NETWORKS INC.
c/o AMC Network Entertainment LLC
11 Penn Plaza, 15th Floor
New York, NY 10001
Attention: Webmaster
info-amc@amc.com
| Back To Top |
XXX. CLOSED CAPTIONING OF VIDEO PROGRAMMING
For written questions, concerns or complaints regarding the closed captioning of video programming through the Services, please contact:
AMC NETWORKS INC.
c/o AMC Network Entertainment LLC
11 Penn Plaza, 15th Floor
New York, NY 10001
Attention: Webmaster
info-amc@amc.com
| Back To Top |
XXXI. CHOICE OF LAW AND FORUM
This website is originated and located in the United States, and these Terms shall be governed by and construed in accordance with the laws of the State of New York applicable to contracts made and wholly performed therein, excluding its conflicts of law provisions. Users who choose to access this website from locations outside of the United States do so on their own initiative and are responsible for compliance with applicable laws and regulations. Any dispute arising out of or relating to these Terms or your access or use of this website will be subject to the exclusive jurisdiction of the courts located within the State of New York, and you hereby submit to the personal jurisdiction of such courts.
| Back To Top |
XXXII. STATUTE OF LIMITATIONS
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services or Content must be filed within one (1) year after such cause of action arose or be forever barred.
| Back To Top |
XXXIII. THIRD PARTY BENEFICIARIES
You agree that, except for as otherwise expressly provided in the Terms, there shall be no third party beneficiaries to this Agreement.
| Back To Top |
XXXIV. VALIDITY OF THESE TERMS
If any provision of these Terms is held invalid or unenforceable, that provision shall be construed in a manner consistent with applicable law to reflect the original intent, and the remaining provisions of these Terms shall remain in full force and effect.
| Back To Top |
XXXV. FULL UNDERSTANDING
These Terms, together with any Rules, Promotions, 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 and the Promotion or Rules for the activity in which you choose to participate, the Promotion terms and/or Rules shall govern.
These Terms cannot be changed or terminated orally.
Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of these Terms.
These Terms were last modified on the date indicated above and are effective immediately.
| Back To Top |