Updated: October 10, 2019
As used in this Agreement, the following definitions apply:
(1) "App" means the application available to the Customer which enables use of the Service;
(2) "Content" refers to Internet Protocol TV (IPTV) content offered through the Service via a Customer owned streaming media device and the App;
(3) "Company" or "we" or "us" or "our" refers to Atlas Networks;
(4) "Customer" or "you" or "yours" or "user" refers to the subscriber to the Service and includes anyone accessing the Service through the App and your account;
(5) "Pay-TV Service" refers to the Internet Protocol TV (IPTV) Service offered by Company to subscribers and the App that enables the Pay-TV Service.
Company licenses the Pay-TV Service and App to you and grants you access to the Pay-TV Service, conditioned upon your acceptance of this Service Agreement (the “Agreement”).
The availability of the Pay-TV Service is limited to the Company's network, and availability is subject to the entry of a Company-assigned or -approved user name and password. The Pay-TV Service is not available as a streaming service over the public Internet.
If at any time after reviewing or using the Pay-TV Service you wish to terminate the Pay-TV Service and this Agreement, you must cancel your subscription as provided under "Your Subscription" below and un-install and remove the App from your device and delete any copy of the App in your possession. You agree that information collected from you or your device before you un-install, remove or cease to use the App can still be used by us at our discretion.
Company may from time to time change this Agreement. Revisions shall be effective immediately; provided, however, for existing users, such revisions will be effective 30 days from posting, unless otherwise stated. You will be deemed to have agreed to any such modification or amendment by your decision to continue using the Pay-TV Service and App following the date in which the modified or amended Agreement is made available through the Pay-TV Service, App or by posting at www.gigabit.io.
By subscribing to the Pay-TV Service, you receive access to and use of: (i) certain software, intellectual property rights and technology owned or operated by us (including, for example, applications that are hosted or downloaded, accessories, tools, features and/or functionality related to and/or made available by us); (ii) our websites and applications, including but not limited to, the App; (iii) the Content that is accessible to you (including, but not limited to transaction and subscription video or programming, advertising, and/or other content); (iv) any and all other products and/or services accessed, provided, used or otherwise made available to you, including additional technology, software, documentation, features, functionalities, content, updates, upgrades, bug fixes or enhancements used in connection with the use of, or otherwise related to the Pay-TV Service, (v) updated versions of the App, Pay-TV Service and related third party software, which may be provided to you at any time and you agree to accept without further notice; and all other information and related documents provided to user by or on behalf of the Company.
You must be connected to Company's broadband network to subscribe to the Pay-TV Service. Individuals under the age of 18 may utilize the Pay-TV Service only with the consent or involvement of a parent or legal guardian, under such person’s Pay-TV Service account and otherwise subject to this Agreement. If you disconnect of Company's broadband network, it will result in cancellation of the Pay-TV Service.
You must provide a compatible streaming media device to access the Pay-TV Service and App. Visit www.gigabit.io for the latest list of streaming media devices compatible with the Pay-TV Service. This list is provided for information purposes only and is not a guarantee or warranty by us that the listed device will work with the Pay-TV Service. By using the Pay-TV Service and App, you agree to look solely to the entity that manufactured or sold you the device for any issues related to the device and its compatibility with the Pay-TV Service.
You understand that the Pay-TV Service may include, and the App may allow you to access Content that may be considered offensive, indecent, explicit, or otherwise objectionable. This Content may or may not be identified as being objectionable including but not limited to, explicit language or imagery. Company shall have no liability to you for such Content. Any content descriptions, genres, or other categories are provided for your convenience, and Company does not guarantee their accuracy or assume any obligation to provide same. You understand that video content resolution is affected by many factors, and as a result no specific resolution is guaranteed.
You may create one or more "Profiles" on the App. Profiles allow various household members to personalize their Content, recommendations, and watch histories. Even if you create multiple Profiles, they are accessible, modifiable and may be deleted by anyone using the App; therefore, you should inform household members if you do not desire for them to edit, delete or modify your Profile.
The Pay-TV Service includes different subscription packages for which payment of a subscription fee is required to access Content available as part of those packages. You can find the specific details regarding your subscription package at any time by visiting www.gigabit.io.
Your subscription to the Pay-TV Service will continue month-to-month until you cancel your subscription, or we terminate it (“Subscription”). Billing and payment for the Pay-TV Service will be conducted in accordance with the terms of your Pay-TV Service Agreement. You may cancel your subscription at any time, and you will continue to have access to the Pay-TV Service through the end of your monthly billing cycle. COMPANY DOES NOT PROVIDE REFUNDS FOR PARTIAL-MONTH SUBSCRIPTIONS OR CONTENT THAT HAS NOT BEEN VIEWED.
You must cancel your subscription to the Pay-TV Service before it renews each month in order to avoid billing of the next month's subscription fee for the Pay-TV Service. You may cancel at any time by calling 206.395.7222. If you cancel after your renewal date, you will continue to have access to the Pay-TV Service through the end of your renewal cycle.
Pricing for the Pay-TV Service, and any aspect thereof, may be changed at any time in Company’s sole discretion. You will be notified of price changes 30 days prior to them taking effect through posting on the Company's web site. You will not be provided an individual notice of such change.
The Pay-TV Service and App are intended for non-commercial use only. You may not use the Pay-TV Service or App for viewing in areas open to the public, or in commercial area, regardless of whether a viewing fee is charged unless specifically authorized. You are not permitted to use any of our trademarks.
The number of devices available for use and the maximum simultaneous streams allowed may change from time to time at our discretion. By default, we include 3 simultaneous streams per household. Additional streams and DVR service may be purchased by calling 206.395.7222.
There are many factors that can affect the cost and availability of programming. We may add, delete or otherwise change our program packaging, selection, pricing and/or any other factor or aspect of the Pay-TV Service, or the way we offer the Pay-TV Service, at any time for any reason in our sole discretion. Some programming and sports events may be blacked out in your area. These blackout restrictions are determined by third parties other than Company and Company is not responsible for same. Some programming may be unavailable for certain features of the Pay-TV Service. The Pay-TV Service may be accessed and used only at the Internet address assigned by the Company. We may use any technology available to us to verify your geographic location in order to provide the Services and implement these restrictions.
We update and test the Pay-TV Service, including the Content on a continuous basis. You understand that by using the Pay-TV Service, you agree to be included in such testing without notice. Testing may be done to any aspect of the Pay-TV Service, and may include, but not be limited to: service level, the App, the website, user interfaces, plans, promotional features, availability of content, delivery and pricing.
Subject to the restrictions set forth herein, Company grants you a personal, revocable, non-exclusive, non-transferable, limited right to install and use the App on a streaming media device, mobile device(s) or other computing device(s) that are owned and controlled by you (“Your Device”), and to access and use the App on Your Device solely for accessing the Pay-TV Service and viewing Content, strictly in accordance with the terms and conditions of this Agreement, and all applicable local, national, and international laws and regulations.
You may not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App, for any purpose; (b) modify, adapt, improve, or create any derivative work from the App or Content; (c) violate any applicable laws, rules or regulations in connection with your access or use of the App or Content; (d) remove or alter any copyright or trademark notice of Company or its collaborators, suppliers or licensors; (e) use the App or Content in a manner intended to generate revenue directly from such use, or use the App for any other purpose for which it is not designed or intended; (f) enable the use of the App on a device that is not Your Device; (g) enable access to or use of Content on a device that is not Your Device; (h) make the App or Content available over a network other than Company’s network; (i) use the App or Content to develop, design or create any service designed to replace or be used in connection with the Pay-TV Service or the App, product or software offered by Company or its licensors; (j) use any proprietary information or intellectual property of Company in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the App; (k) circumvent, disable or tamper with the App or the Content; (l) reproduce, archive, retransmit, distribute, sell, lease, rent, exchange, modify, broadcast, synchronize, publicly perform, publish, publicly display, make available to third parties, transfer or circulate the App or Content; or (m) use the Pay-TV Service in any manner not intended by this Agreement, in Company’s sole discretion. You agree to abide by the rules and policies established by Company at any time.
The App (including its source and object code), any copies thereof (whether or not present on your Device), the Pay-TV Service, and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated therewith are the property of Company or its collaborators, licensors, or suppliers. The source and object code of the App are the proprietary and confidential information of Company and its collaborators, licensors and suppliers. Title to the App and Pay-TV Service shall remain with Company. The App is licensed, not sold, to you. Company and its collaborators, licensors, and suppliers reserve the right to change, suspend, terminate, remove, impose limits on the use of or access to, disable access to the App or Pay-TV Service, or require the return of the App (or any copy thereof), at any time without notice and will have no liability for doing so. Except as expressly stated in this Agreement, you are not granted any intellectual property rights in or to the App or Pay-TV Service by any legal theory, including but not limited to implication and estoppel. All rights in and to the App and Pay-TV Service not expressly granted in this Agreement are hereby reserved and retained by Company.
It is the policy of Company to expeditiously respond to clear notices of alleged copyright infringement. Company has designated the following agent to receive notifications of claimed infringement at the address set forth below:
Atlas Networks Corporation
3131 Western Ave Suite M330, Seattle WA 98121
For further information, see www.gigabit.io
These obligations survive termination of this Agreement.
The Pay-TV Service or App may include third party software that is subject to open source license terms (“Open Source Software”). You acknowledge and agree that your right to use such Open Source Software is subject to and governed by the terms and conditions of any applicable license to the Open Source Software (the “Open Source License Terms”). In the event of a conflict between the terms of this Agreement and the Open Source License Terms, the Open Source License Terms shall control.
THE PARTIES AGREE THAT ANY CONTROVERSIES, CLAIMS OR DISPUTES ARISING BETWEEN MEMBER AND COMPANY, WHETHER IN TORT OR IN CONTRACT, INCLUDING BUT NOT LIMITED TO THOSE RELATED TO OR ARISING OUT OF THIS AGREEMENT, OR THE PAY-TV SERVICES PROVIDED, WHETHER ARISING BEFORE OR AFTER THE EFFECTIVE DATE OF THIS AGREEMENT, MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION. THIS INCLUDES ANY AND ALL DISPUTES BASED ON ANY PRODUCT, EQUIPMENT, SERVICE OR ADVERTISING PROVIDED BY THE COMPANY. ADDITIONALLY, THE PARTIES AGREE NOT TO PURSUE ARBITRATION RELATED TO OR ARISING OUT OF THIS AGREEMENT ON A CLASSWIDE BASIS. THE PARTIES AGREE THAT ANY ARBITRATION RELATED TO OR ARISING OUT OF THIS AGREEMENT WILL BE SOLELY BETWEEN YOU AND THE COMPANY (NOT BROUGHT ON BEHALF OF OR TOGETHER WITH ANOTHER INDIVIDUAL’S CLAIM). SUCH ARBITRATION SHALL BE BEFORE A PANEL CONSISTING OF THREE (3) ARBITRATORS AT A LOCATION IN, WASHINGTON STATE. SUCH ARBITRATION SHALL BE BINDING UPON BOTH MEMBER AND COMPANY AND SHALL BE CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER ITS RULES, INCLUDING THE SELECTION OF THE ARBITRATORS, WHICH SHALL BE ACCOMPLISHED IN ACCORDANCE WITH THE RULES OF THE AAA. THE AWARD RENDERED BY THE ARBITRATORS SHALL BE FINAL, AND JUDGMENT MAY BE ENTERED UPON IT IN ACCORDANCE WITH APPLICABLE LAW IN ANY COURT HAVING JURISDICTION THEREOF. THE PARTIES FURTHER AGREE THAT THE PREVAILING PARTY IN SUCH ARBITRATION SHALL BE ENTITLED TO RECOVER THE COSTS OF SUCH ARBITRATION FROM THE OTHER PARTY, INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES. THIS AGREEMENT TO ARBITRATE SHALL BE SPECIFICALLY ENFORCEABLE UNDER APPLICABLE LAW IN ANY COURT HAVING JURISDICTION THEREOF. PROVIDED, HOWEVER, COLLECTION MATTERS OF $1,500 OR LESS IN ALLEGED VALUE (BEFORE COSTS, INTEREST AND ALLOWABLE ATTORNEYS’ FEES, IF ANY) FOR SERVICE MAY BE FILED IN ANY COURT WITH JURISDICTION THEREOVER AND THERE TRIED BY ANY PARTY, UNLESS COUNTER-CLAIMS OR OTHER CLAIMS IN AN AMOUNT IN EXCESS OF $1,500 (SUBJECT TO THE SAME EXCLUSIONS) ARE ASSERTED BY ANY PARTY. IN THE LATTER CASE, THE ENTIRE MATTER AND ALL CLAIMS BEFORE THE COURT SHALL BECOME SUBJECT TO BINDING ARBITRATION HEREUNDER UPON WRITTEN REQUEST OF ANY PARTY FILED WITH THE COURT WITHIN THIRTY (30) CALENDAR DAYS OF ACTUAL NOTICE OF THE FILING OF SUCH COUNTER-CLAIMS OR OTHER CLAIMS. TO THE EXTENT ALLOWED BY LAW, THE PARTIES WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERTA CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
YOU ACKNOWLEDGE AND AGREE THAT THE APP AND PAY-TV SERVICES, INCLUDING ALL CONTENT CONTAINED THEREIN OR ACCESSED THEREBY, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS PROHIBITED BY LAW, COMPANY AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE APP AND PAY-TV SERVICE, WHETHER ORAL, EXPRESS, IMPLIED OR STATUTORY, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE OF THE PARTIES, OR THE NATURE OR CONTEXT OF THIS AGREEMENT, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. COMPANY AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE APP OR PAY-TV SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE APP OR PAY-TV SERVICE WILL BE UNINTERRUPTED, ACCURATE, RELIABLE, TIMELY, SECURE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS OR ERROR-FREE; (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE APP OR SERVICE WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (iv) ANY ERRORS IN THE APP OR SERVICE WILL BE CORRECTED OR THAT THE APP OR SERVICE WILL BE MAINTAINED. YOU ACKNOWLEDGE THAT THE APP IS NOT INTENDED FOR USE WHEN THE PERFORMANCE OF, USE OR MISUSE OF, FAILURE OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, THE APP COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL, PROPERTY, OR ENVIRONMENTAL DAMAGE. COMPANY AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS DO NOT WARRANT THAT THE APP OR SERVICE WILL BE COMPATIBLE OR INTEROPERABLE WITH YOUR DEVICE OR ANY OTHER PIECE OF HARDWARE, SOFTWARE, EQUIPMENT OR DEVICE INSTALLED ON OR USED IN CONNECTION WITH YOUR DEVICE. FURTHERMORE, YOU ACKNOWLEDGE THAT COMPATIBILITY AND INTEROPERABILITY PROBLEMS CAN CAUSE THE PERFORMANCE OF YOUR DEVICE TO DIMINISH OR FAIL COMPLETELY, AND MAY RESULT IN PERMANENT DAMAGE TO YOUR DEVICE, LOSS OF THE DATA LOCATED ON YOUR DEVICE, AND CORRUPTION OF THE SOFTWARE AND FILES LOCATED ON YOUR DEVICE. YOU ASSUME ALL NECESSARY EXPENSES ASSOCIATED WITH SERVICE AND REPAIR TO YOURDEVICE. YOU ACKNOWLEDGE AND AGREE THAT COMPANY AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, SHALL HAVE NO LIABILITY TO YOU FOR ANY LOSSES SUFFERED, RESULTING FROM OR ARISING IN CONNECTION WITH COMPATIBILITY OR INTEROPERABILITY PROBLEMS. THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
COMPANY’S LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE ACCESS AND/OR USE OF THE SERVICES, OR ANY CONTENT PROVIDED VIA THE SERVICES, THE ACTS OR OMISSIONS OF ANY THIRD PARTY, WHETHER OR NOT COMPANY HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER OR NOT CAUSED BY COMPANY’S NEGLIGENCE, OR ON ACCOUNT OF ANY ACT OR OMISSION OF COMPANY, SHALL BE LIMITED TO ACTUAL DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY, OR BODILY INJURY OR DEATH PROXIMATELY CAUSED BY COMPANY’S INTENTIONAL MISCONDUCT OR RECKLESSNESS, TO THE FULL EXTENT SAME MAY BE DISCLAIMED BY LAW. YOU WILL NOT BE ENTITLED TO ANY OTHER DAMAGES, INCLUDING INDIRECT OR CONSEQUENTIAL DAMAGES, REGARDLESS OF THE FORM OF ACTION. COMPANY AND OUR EMPLOYEES, AGENTS, CONTRACTORS, AND REPRESENTATIVES WILL HAVE NO LIABILITY WHATSOEVER FOR ANY UNAUTHORIZED ACCESS, DAMAGES, OR MODIFICATIONS TO, OR LOSS OR DESTRUCTION OF, ANY OF YOUR SOFTWARE, FILES, DATA, OR PERIPHERALS OR FOR COPYRIGHT, TRADEMARK, PATENT, TRADE SECRET OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT. THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
YOU AGREE TO DEFEND, INDEMNIFY, ANDHOLD COMPANY,ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, AND AGENTS, AND ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU IN CONNECTION WITH THIS AGREEMENT, HARMLESS FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, FINES, PENALTIES, COSTS, AND EXPENSES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES) BY, OR ON BEHALF OF YOU OR ANY THIRD PARTY OR USER OF THE SERVICES, RELATING TO OR ARISING OUT OF: (i) YOUR ACCESS AND USE OF THE APP, SERVICE OR EQUIPMENT; (ii) YOUR BREACH OF THIS AGREEMENT OR VIOLATION OF LAW (iii) YOUR NEGLIGENCE OR WILLFUL MISCONDUCT; OR (iv) YOUR VIOLATION OF THE RIGHTS OF A THIRD PARTY. THESE OBLIGATIONS SURVIVE TERMINATION OF THIS AGREEMENT.
YOU AGREE THAT COMPANY IS NOT RESPONSIBLE FOR ANY THIRD-PARTY CLAIMS THAT ARISE FROM YOUR USE OF THE SERVICES OR THE EQUIPMENT AND YOU AGREE TO REIMBURSE COMPANY FOR AN ALL COSTS AND EXPENSES RELATED TO THE DEFENSE OF ANY SUCH CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES, UNLESS SUCH CLAIMS ARE DUE TO OUR WILLFUL MISCONDUCT OR GROSS NEGLIGENCE. THIS PROVISION WILL SURVIVE TERMINATION OF THIS AGREEMENT.
The following provisions survive termination of this Agreement:
Governing Law. This Agreement shall be governed by the laws of the Washington without regard to its conflict of laws principles. Venue for any action is agreed to be in King County.
It is important that Company be able to contact you from time to time. You have agreed to give Company an email address (your “Primary Email Address”) and you consent to the receipt of emails from Company at your Primary Email Address for any purpose relating to this Agreement. Customer also agrees that Company may call Customer at the phone numbers Customer supplies Company and Customer agrees that calls may be made using any method including autodialing equipment, an artificial or recorded voice, or email messages sent to a wireless device. If your wireless provider charges you for email messages, you are responsible for any such charges.
Access our support website to find help with the Service at www.gigabit.io or call us with your question at 206.395.7222. Find additional help or submit your product feedback at www.gigabit.io.
Except as provided herein, the failure to exercise a right or require performance of an obligation under this Agreement shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach.
Except as explicitly provided in this Agreement or in its incorporated agreements, nothing contained in this Agreement is intended or shall be construed to confer upon any person (other than the parties hereto) any rights, benefits or remedies of any kind or character, or to create any obligations or liabilities of a party to any such person. You may not transfer your rights or obligations under this Agreement. Any attempted transfer by you shall be null and void. Company may assign this Agreement without restriction.
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their permitted successors and assigns. Any provision of this Agreement that is unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.
Time is of the essence with respect to this Agreement.
Customer shall promptly execute and deliver to Company such further documents and take such further action as Company may request in order to give effect to the intent and purpose of this Agreement.
This Agreement shall be effective until terminated. Company may, in its sole and absolute discretion, at any time and for any or no reason, disable the App, or suspend or terminate this Agreement and the rights afforded to you hereunder, with or without prior notice or other action by Company. Upon the termination of this Agreement, you shall cease all use of the App and uninstall the App from your Device and delete any copy of the App in your possession.
Company will not be liable to you or any third party for compensation, indemnity, or damages of any sort as a result of terminating this Agreement in accordance with its terms, and termination of this Agreement will be without prejudice to any other right or remedy Company may have, now or in the future.
In addition to this Section, all indemnifications, release, limitation of liabilities, disclaimer of warranties, limitations of remedies, the agreement to arbitrate, the restriction upon use of the Services, all as more particularly set forth herein, shall survive the termination of this Agreement and discontinuation of the Services.
This Agreement, and documents incorporated herein by reference, constitute the entire agreement with respect to the use of the App and Service and supersedes all prior or contemporaneous understandings regarding such subject matter.