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All Chaos Press (ACP) provides the Wenebojo subscription service that allows our subscribers to access our bookcasts (content) which are streamed over the Internet to certain Internet-connected televisions, computers, smartphones, tablets, and other devices.
BOTH YOU AND ACP AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN SECTION 7 TO RESOLVE ANY DISPUTES WITH ACP FOR THE USE OF THE WENEBOJO SERVICE (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT).
1.1. Your Wenebojo subscription will continue month-to-month or year-to-year based on the subscription level purchased, and automatically renew until terminated. To use the Wenebojo service, you must have Internet access and a streaming-ready device and provide us with one or more Payment sources. "Payment source" means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party. You must cancel your subscription before it renews each month or year in order to avoid billing of the next month's or year’s subscription fees to your Payment source (see "Cancellation" below).
1.2. We may offer a number of subscription plans, including special promotional plans or subscriptions offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. Some subscription plans may have differing conditions and limitations, such as length of time, number of concurrent devices being used, and payment cycle. This will be explained at your sign-up or in other communications made available to you. You can find specific details regarding your Wenebojo subscription by visiting our website and clicking on the "Account" link.
2.1. . The subscription fee for the Wenebojo service any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged on a monthly or annual basis to your Payment source on the calendar day corresponding to the commencement of the paying portion of your subscription until your subscription is canceled. Subscription fees are fully earned upon payment. In some cases, your payment date may change, for example, if your Payment source has not successfully settled or if your paid subscription began on a day not contained in a given month. Visit the Wenebojo website and click on the "Billing details" link on the "Account" page to see your next payment date. We may authorize your Payment source in anticipation of subscription or service-related charges through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your first period.
2.2. . To use the Wenebojo service, you must provide one or more Payment sources. You can update your Payment source by going to the "Account" page. We may also update your Payment source using information provided by the payment service providers. Following any update, you authorize ACP to continue to charge the applicable Payment source(s). You authorize ACP to charge any Payment source associated to your account in case your primary Payment source is declined or no longer available to ACP for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment source. For some Payment sources, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment source. Check with your Payment source service provider for details.
2.3. . You can cancel your Wenebojo subscription at any time, before the next payment period and you will continue to have access to the Wenebojo service through the end of your billing period. We do not provide refunds or credits for any partial-month or year subscription periods or unwatched Wenebojo content. To cancel, go to the "Account" page on our website and follow the instructions for cancellation. If you cancel your subscription, your account will automatically close at the end of your current billing period. To see when your account will close, click "Billing details" on the "Account" page. If you signed up for Wenebojo using your account with a third party as a Payment source and wish to cancel your Wenebojo subscription, you may need to do so through that third party, for example by visiting your account with the applicable third party and turning off auto-renew or unsubscribing from the Wenebojo service through that third party. You may also find billing information about your Wenebojo subscription by visiting your account with the applicable third party.
2.5. . Payments are nonrefundable, and there are no refunds or credits for partially used periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our subscribers ("credits"). The amount and form of such credits, and the decision to provide them are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
3.2. During your Wenebojo subscription, we grant you a limited, non-exclusive, non-transferable right to access the Wenebojo service and view Wenebojo content through the service. Except for the foregoing, no right, title, or interest shall be transferred to you. You agree not to use the service for public performances.
3.3. The Wenebojo service, including the content library, is regularly updated. In addition, we continually test various aspects of our service, including but not limited to our website, user interfaces, promotional features, and availability of Wenebojo content.
3.4. Wenebojo content is not available for download and offline viewing.
3.6. The quality of the display of the Wenebojo content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. HD, Ultra HD, and HDR availability are subject to your Internet service and device capabilities. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. Wenebojo makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching Wenebojo content show will vary based on a number of factors, including your location, available bandwidth at the time, the Wenebojo content you have selected, and the configuration of your streaming-ready device.
3.7. Wenebojo software may solely be used for authorized streaming and viewing of content from Wenebojo through a streaming-ready device. This software may vary by device and medium, and functionalities may also differ between devices. By using our service, you agree to receive, without further notice or prompting, updated versions of the Wenebojo and related third-party software. If you do not accept the foregoing terms, do not use our service.
3.8. By using our service, you agree to look solely to the entity that manufactured and/or sold you the streaming-ready device for any issues related to the device and its compatibility with the Wenebojo service. We do not take responsibility or otherwise warrant the performance of any streaming-ready devices, including the continued compatibility with our service. If your streaming-ready device is sold, lost, or stolen, please deactivate the streaming-ready device. If you fail to log out or deactivate your device, subsequent users may access the Wenebojo service through your account and may be able to access your account information.
4.1. The subscriber who created the Wenebojo account and whose Payment source is charged (the "Account Owner") has access and control over the Wenebojo account and the streaming-ready devices that are used to access our service and is responsible for any activity that occurs through the Wenebojo account. To maintain control over the account and prevent anyone from accessing the account (which could include information on viewing history for the account), the Account Owner should maintain control over the streaming-ready devices that are used to access the service and not reveal the password or details of the Payment source associated to the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, Wenebojo, or our partners from identity theft or other fraudulent activity. Wenebojo is not obligated to credit or discount a subscription for holds placed on the account by either a representative of Wenebojo or by the automated processes of Wenebojo.
5.1. THE WENEBOJO SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE WENEBOJO SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WENEBOJO DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE WENEBOJO SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. WENEBOJO SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, STREAMING READY DEVICES, AND WENEBOJO SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).
5.2. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL ACP, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
5.3. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
6.2. If you elect to seek arbitration or file a small claim court action, you must first send to ACP, by certified mail, a written Notice of your claim ("Notice"). The Notice to ACP must be addressed to: All Chaos Press, 180 South Western Avenue, #307, Carpentersville, IL 60110 ("Notice Address"). If ACP initiates arbitration, it will send a written Notice to the email address used for your subscription account. A Notice, whether sent by you or by ACP, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If ACP and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Wenebojo may commence an arbitration proceeding or file a claim in small claims court.
6.3. You may download or copy a form Notice and a form to initiate arbitration at . If you are required to pay a filing fee, after ACP receives notice at the Notice Address that you have commenced arbitration, Wenebojo will reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000, in which event you will be responsible for filing fees.
6.4. The arbitration will be governed by the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at , by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless ACP and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence. The arbitrator's award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator's award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator's application or conclusions of law.
6.5. If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of ACP’s last written settlement offer made before an arbitrator was selected (or if ACP did not make a settlement offer before an arbitrator was selected), then ACP will pay you the amount of the award or US$5,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules.
6.6. YOU AND ACP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and ACP agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
7.2. . Wenebojo does not accept unsolicited materials or ideas for Wenebojo content and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to ACP. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against ACP and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.
7.3. . ACP is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the Wenebojo service, including the Wenebojo website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Wenebojo service. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law.
7.7. . We will send you information relating to your account (e.g., payment authorizations, invoices, changes in password or Payment source, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
17 March 2019