Last Updated: October 2018
15. Customer Support
24. Force Majeure
In these AMC Premiere Terms, “AMC Premiere Services,” means the services provided and made available by AMC Premiere LLC (“AMC”) (d/b/a AMC Premiere), third party platforms and their affiliates (collectively, "AMC Premiere", "we", "our" or "us") in connection with your browsing and viewing of AMC Premiere multimedia (such as movies, extended episodes, bonus content, and television shows) (“Content”) through AMC Premiere websites, applications, or other interfaces and platforms. The AMC Premiere Services also include other technologies, features, and content we may provide or use on the AMC Premiere user interfaces.
1. Scope and Acceptance
The AMC Premiere Terms include:
- The terms and conditions in this document;
- Additional terms and conditions that we may provide in association with certain AMC Premiere Services, such as certain promotional offers or rules for participation in certain AMC Premiere activities ("Rules"), including contests and sweepstakes (“Promotions”).
The AMC Premiere Terms apply to anyone who uses the AMC Premiere Services ("User", "you" or "your"), including, but not limited to, people who register for the AMC Premiere Services, people who subscribe to the AMC Premiere Services, and people who simply browse the AMC Premiere Services. If you use, visit, register for, or subscribe to the AMC Premiere Services, you understand, acknowledge, and agree that you are bound by the terms and conditions of these AMC Premiere Terms.
If you do not agree to these AMC Premiere Terms, please do not use the AMC Premiere Services.
NOTHING IN THESE AMC PREMEIRE TERMS SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.
2. Changes to These AMC Premiere Terms
We may choose to post or display on the AMC Premiere Services, email you, or otherwise notify, you about material changes to these AMC Premiere Terms; the form of notice we may use is, to the extent allowed by applicable law, at our discretion. We recommend that you check back frequently and review these AMC Premiere Terms regularly so that you are aware of the most up-to-date AMC Premiere Terms. Your continued use will be taken as acceptance of these updated AMC Premiere Terms.
3. AMC Premiere Ready Device
To access and use certain AMC Premiere 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 Premiere ready device”). Information on these requirements may be found in our Minimum System and Configuration Requirements or by contacting us at firstname.lastname@example.org. You should ensure that you have an AMC Premiere ready device prior to purchasing or ordering any AMC Premiere Services.
4. Internet Connectivity and AMC Premiere Application
Your AMC Premiere ready device must be connected to the internet via a data plan through your mobile provider, wireless (“WiFi”), or ethernet to operate the AMC Premiere Services or temporarily download select Content for offline viewing on certain mobile devices. To operate the AMC Premiere Services, you need to: (i) download the AMC Premiere application (the “App”) from the Fire TV application store, Google Play application store, Apple app store, or Roku channel store; or (ii) visit www.amc.com/purchase to purchase the AMC Premiere Services directly from AMC (the “Ecommerce Website”).
5. TV Providers and Authentication
You are required to authenticate your cable, satellite, or wireless provider or multichannel video programming distributor through which you receive video programming services (“TV Provider”) before you purchase the AMC Premiere Services because Content is offered as a benefit to TV subscribers whose TV Provider offers the full episode service and whose package includes AMC. A full list of participating TV Providers can be found on the AMC Premiere Services FAQ page, located at https://www.amc.com/faq#1 . Currently, not all TV Providers who support the full episode service on https://www.amc.com and other AMC mobile applications support the AMC Premiere Services. More TV Providers are being added regularly, so please check back if you do not see your provider on the list.
To authenticate your TV Provider via the App, you will be provided with an authentication code (the “Code”). If the Code is not working, click “Get a new code” on the device to get a new Code. Your TV Provider may ask you to re-verify or reauthenticate your account periodically. Go to https://www.amc.com/activate on a computer or mobile device. Enter the Code provided. Select your TV provider and enter your TV Provider username and password or other credentials that you have established with your participating TV Provider for access to AMC Premiere.
If you purchase the AMC Premiere Services from the Ecommerce Website, you will be directed to select your TV Provider and will be prompted to enter your TV Provider username and password or other credentials that you have established with your participating TV Provider for access to AMC Premiere.
You can simultaneously sign in to multiple devices on the same platform with your TV Provider. However, your TV Provider may restrict the number of allowed devices for concurrent streaming of Content.
If you receive an error message that says you are not authorized to view the Content, you are either (i) a customer of a TV Provider but not subscribing to the AMC channel, or (ii) parental controls are blocking the Content. You will not be able to view the Content on the App. If you believe you have received this message in error, contact your TV Provider and confirm that you are subscribing to the AMC channel.
The availability of AMC Premiere Services may include Content that may change based on location. You consent to us and your TV Provider determining your geographic location for purposes of providing the AMC Premiere Services. Your location may not be accurately identified by our technology, so you may be unable to access certain features and Content even if you are located in an area where we intend to provide you access. We will not be liable to you for limitations or restrictions on access to Content, including any blackouts, location or device-based limitations, Content-viewing windows, or other limitations regarding the validity of Content to you.
6. Subscription Selection
If you purchase the AMC Premiere Services through AMC from the Ecommerce Website, you will 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.
7. User Registration
Once you successfully authenticate through your TV provider or once you have successfully selected your AMC Premiere Services package, as applicable, you need to become a registered User of AMC Premiere Services in order to access and use the AMC Premiere Services. To become a registered User via the App, you must create an account with a unique username and password combination on the App (“User Credentials”) and provide certain additional information, including, but not limited to, name and zip code (“Registered Account”). If you have subscribed to AMC Premiere Services via the Ecommerce Website, you will be prompted to create a Registered Account directly through the Ecommerce Website. Registered Accounts can only be established by residents of the Territory (as defined below) who have reached the age of majority, who have otherwise met the criteria to create User Credentials. After you input the User Credentials, you will need to (i) accept the AMC Premiere Terms, located at https://www.amc.com/terms-premiere, and (ii) agree to receiving updates, alerts and Promotions from AMC to confirm your registration with AMC Premiere. Once you authenticate your service for AMC with your TV Provider and become a registered User, you will be able to purchase the AMC Premiere Services through the App.
It is a condition of use of the AMC Premiere Services that all the details you provide will be correct, current, and complete and will not violate any law. If AMC Premiere or its respective partners or affiliates believe the details are not correct, current or complete, or that you have otherwise violated this Agreement or any law, we have the right to suspend or terminate your Registered Account or refuse you access to the Services and its resources. You may edit your User Credentials or any other personal information on your Registered Account through the “My Account” section of the App or at https://www.amc.com/profile.
The AMC Premiere 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 AMC Premiere 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 emailing us at email@example.com. To help protect you and the AMC Premiere 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.
8. Pricing and Payment Terms
General: You agree to pay in full the prices and fees for any purchases that are made using your User Credentials via credit, debit or other payment methods that is accepted by or through AMC’s Ecommerce Website, Amazon.com, Inc. (“Amazon”), Apple Inc. (“Apple”), or Google LLC (“Google”), or Roku, Inc. ("Roku") at the time of purchase. If payment is not received by AMC, Amazon, Apple, Google, or Roku, as applicable, from your credit, debit or charge card issuer or its agents or other payment service provider, you remain responsible for uncollected amounts and agree to promptly pay all amounts due upon demand by AMC, Amazon, Apple, Google, or Roku, as applicable.
Pricing: If you are a monthly subscriber, you will have to pay a fee in the amount of $4.99 per month in order to view the Content on a subscription basis, subject to the terms provided when you initiate the subscription. If you are a yearly subscriber through AMC, you will pay a one (1) time per year fee of $49.99 per year in order to view the Content on a subscription basis, subject to the terms provided when you initiate the subscription. 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 AMC Premiere Services. If we increase the price of the AMC Premiere Services, we will provide you with prior written notice. If you do not wish to keep your subscription at the increased price, you may cancel your subscription to AMC Premiere Services in accordance with Section 18 of these AMC Premiere Terms within 30 days of the date of our notice.
Payment for AMC Premiere Services:
You can find the specific details regarding your subscription to AMC Premiere Services at any time by clicking on "My Account."
By starting a subscription to AMC Premiere Services, you authorize AMC, Amazon, Apple, Google or Roku to charge you for the subscription fee at the then-current rate, and any other charges you may incur in connection with your use of the AMC Premiere Services, to the payment method you provide during registration for the AMC Premiere Service (or to a different payment method if you change your account information). You permit AMC, Amazon, Apple, Google, or Roku to store your payment information as needed to facilitate the billing.
AMC, Amazon, Apple, Google or Roku will bill your subscription fee per the billing period described when you initiate the subscription to AMC Premiere Services ("Billing Period"), unless and until you cancel your subscription. AMC, Amazon, Apple, Google or Roku will automatically bill your payment method on the calendar day corresponding to the beginning of your Billing Period.
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 AMC Premiere Services subscription starts on March 31st, your next payment date is April 30, and your payment method would be billed on that date.
You acknowledge that the amount billed each Billing Period may vary for reasons that may include differing amounts due to Promotions, and you authorize us to charge your Payment method for such varying amounts.
If you want to change or update your payment method:
i. Amazon users should visit www.amazon.com/mykps;
ii. Google users should visit http://pay.google.com;
iii. Apple users should log in to the applicable iTunes account;
iv. AMC Ecommerce Website users should visit www.amc.com/profile and log in to their Registered Account; and
v. Roku users should visit https://support.roku.com/article/208755978-how-do-i-update-the-payment-method-for-my-roku-account, as applicable.
If your payment method expires and you do not update or change your payment method or cancel your Subscription, you authorize us to continue billing your payment method, and you remain responsible for any uncollected amounts.
Your subscription to the AMC Premiere Services automatically renews unless the subscription is terminated, as described in Section 18 below. By subscribing to the AMC Premiere Services, you agree to and authorize AMC, Amazon, Apple, Google or Roku to charge you for the subscription fee at the then-current rate, and any other charges you may incur in connection with your use of the AMC Premiere Services, to the then-current payment method on file with AMC, Amazon, Apple, Googke or Roku as applicable. Your payment method will be charged within twenty-four (24) hours prior to the end of the current subscription period at the then-current rate.
Once you have subscribed to the AMC Premiere Services, you will receive an auto-generated email confirming your subscription.
Unwatched Content: If Content is unavailable or will not stream, review the AMC Premiere troubleshooting frequently asked questions for Fire TV at https://www.amc.com/fire-tv/faq, for Apple TV at https://www.amc.com/appletv/faq, for Apple iOS at https://www.amc.com/iOS/faq, for Google at https://www.amc.com/android/faq, or for Roku at https://www.amc.com/roku/faq", as applicable. If the Content is still unavailable, contact customer service at firstname.lastname@example.org. To the extent permitted by law, your exclusive and sole remedy with respect to Content for which you have paid but that you are not able to use for whatever reason will be (a) the retransmission of such Content, or (b) if such Content is unavailable, provision of replacement Content, of an equal or lesser value in each instance; provided, however, that, if retransmission or replacement of Content is not possible within a reasonable time, you may request a refund of any fee paid specifically in respect of such Content. However, you acknowledge that no retransmission, replacement or refund will be provided if your inability to view the Content is as a result of your failure to comply with the Minimum System and Configuration Requirements and/or the other requirements, or terms and conditions described in these AMC Premiere Terms.
Taxes: You are responsible for any taxes imposed on any fee-based transactions conducted on or in connection with the AMC Premiere Services. Fee-based transactions on the AMC Premiere Services may include, 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. Users are not eligible for tax exemptions for transactions made on the AMC Premiere Services.
9. License to the AMC Premiere Services
Upon successful payment of the subscription fee and subject to these AMC Premiere Terms, AMC Premiere 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 AMC Premiere Terms. Content by and through an AMC Premiere ready device for your own personal, noncommercial use for the duration specified at the time of your subscription to AMC Premiere Services (the “Subscription Term”).
After your or our termination of the AMC Premiere Services and at the end of the Subscription Term, you will no longer be able to access or view any Content through an AMC Premiere ready device. We will provide you with notice that your Subscription Term is ending or has ended. You agree that your AMC Premiere account is for personal, non-commercial use only and is limited to only one stream at any particular time.
Content may be accessed through:
- Streaming-on-demand: You can stream the Content on demand on an unlimited basis (as long as the User remains a subscriber to the AMC Premiere Services); and/or
- Download-to-rent: You can download the Content via the App on your Apple iPhone or Google Android mobile device. Your mobile device must be connected to the internet via a data plan through your mobile provider or WiFi to temporarily download select Content for offline viewing. Once you select and download Content, you can watch the downloaded Content for fourteen (14) days from the date of your download or, if earlier, until the Content expires. After the fourteen (14) day period, if you are still an active subscriber to the AMC Premiere Services, you may download the Content again, provided the Content has not expired. For the avoidance of doubt, the download-to-rent option is not available on Apple TV, Fire TV or Roku.
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, regardless of the circumstances.
10. Availability of Content
We strive to provide a great selection of Content to you through the AMC Premiere Services. We may add, remove or disable access to certain Content on some or all of the AMC Premiere Services at our sole discretion. You understand that the Content and AMC Premiere 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 extent permitted by applicable law, we are not liable for the removal of or disabling of access to any AMC Premiere Services, materials or functionality of the AMC Premiere Services.
Full episodes are not currently available for purchase through the App. Please visit https://www.amc.com for other ways to watch your favorite shows.
11. Closed Captioning
Closed captioning is available for all Content on the App. To turn on or off closed captioning, go to the App’s settings and turn closed captioning on or off. To turn on or off closed captioning for specific Content, locate the captions option during video playback and turn closed captioning on or off.
12. Free Content and Free Trials
On occasion, we may make select full episodes available for free without requiring you to authenticate through your TV Provider on the App for limited promotional periods. Video extras are made available for free on the App.
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.
Upon receiving an offer for and choosing to start a free trial of the AMC Premiere Services, you will need to: (i) authenticate your TV Provider pursuant to Section 5; (ii) select a subscription pursuant to Section 6, as applicable; (iii) register as a User pursuant to Section 7; and (iv) provide payment information pursuant to Section 8. If you do not cancel your subscription to AMC Premiere Services before the end of last day of the free trial, your subscription will be automatically converted from a free trial to a subscription to AMC Premiere Services and you will be charged for your subscription at the end of the last day of your free trial. If the free trial converts to a paid subscription subject to the terms presented to you prior to or during sign up, you authorize us to begin billing your payment method for the subscriber fee 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 period, visit www.amc.com/profile and log in with your Registered Account or contact us at email@example.com. We may pre-authorize your payment method, and you authorize us to do so. In some instances, your available balance or credit limit may be reduced to reflect the authorization; however, no charges will be made against the payment method if you cancel prior to the end of your free trial period. IF YOU CANCEL PRIOR TO THE END OF YOUR FREE TRIAL, THERE WILL BE NO CHARGES TO YOUR PAYMENT METHOD. Go to http://www.amcpremiere.com/guide/ and click “How do I cancel my AMC Premiere subscription” for cancellation instructions.
13. Personal Information
14. Your Use of the AMC Premiere Services:
We want to keep the AMC Premiere Services safe and fun for everyone. We do not permit unlawful or harmful use of the AMC Premiere 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 AMC Premiere Services. If you are under the age of eighteen (18), or applicable age of majority, you may use the AMC Premiere Services only with the consent of a parent or legal guardian, under the account of such parent or legal guardian and subject to these AMC Premiere Terms.
In cases where you have authorized a minor to use AMC Premiere, you are fully responsible for: the online conduct of such minor; controlling the minor's access to and use of AMC Premiere; 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 AMC Premiere Terms and that they comply with them;
You must not violate any applicable law, rule, or regulation when using the AMC Premiere Services, and you must comply with these AMC Premiere Terms. 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 AMC Premiere Services. You agree that all of the payment information that you provide is truthful and accurate. If we suspect that the payment information that you have provided is untrue, inaccurate, not current, or incomplete, we may, to the extent permitted by law, suspend or terminate your current and future access to AMC Premiere Services without liability or obligation to you or any third party.
Some Content on the AMC Premiere 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 Premiere, 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 modify, reverse engineer, decompile, or disassemble software used to provide the AMC Premiere Services, or create any derivative works from or of such software.
You will not intentionally or unintentionally engage in or encourage conduct that affects adversely or reflects negatively on AMC Premiere, the AMC Premiere Services, our goodwill, name, or reputation. You also agree not to discourage any person or entity from using the AMC Premiere Services or doing business with us.
You will not use the AMC Premiere Services for commercial or business reasons, including pyramid schemes or exploiting information or material obtained in connection with the AMC Premiere 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 AMC Premiere 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 AMC Premiere 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 AMC Premiere Services by, for example, causing the modification, disruption, impairment, or interference with the use, features, function, operation or maintenance of the AMC Premiere Services or the rights or use of the AMC Premiere Services by others.
You will not impersonate any person or entity while using the AMC Premiere 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 AMC Premiere 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 AMC Premiere Services.
If you have a reasonable belief that a post or transmittal by another User violates these AMC Premiere Terms, please contact us at firstname.lastname@example.org. We reserve the right, but have no obligation to, remove User-submitted content that we, in our sole discretion, believe may violate these AMC Premiere Terms.
You understand that by using the AMC Premiere 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 AMC Premiere 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.
If you encounter User-created content that you have a reasonable belief to be objectionable and in violation of these AMC Premiere Terms, please contact us at email@example.com.
We reserve the right to investigate and take appropriate legal action against anyone who, as determined in our sole discretion, violates, or is suspected of violating, these AMC Premiere Terms, including, without limitation, reporting you to law enforcement authorities.
15. Customer Support
If you are experiencing technical difficulties with the App or the Content, reboot the App and sign in with your TV Provider and confirm that you are 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 AMC Premiere Services, please reach out to AMC Premiere Customer Service at firstname.lastname@example.org. If you have more general questions about AMC or would like to contact AMC, please reach out to AMC Customer Service at email@example.com. To provide general feedback regarding the AMC Premiere Services, please reach out to AMC Premiere Customer Service at firstname.lastname@example.org.
16. Our Intellectual Property Rights
We own or license all right, title and interest in and to the AMC Premiere Services. All content contained in or made available through the AMC Premiere 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 AMC Premiere Services, including, without limitation, the design, selection, sequence, look and feel, and arrangement of the AMC Premiere 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 AMC Premiere Services). Unless the context clearly requires otherwise or we explicitly set forth in writing, the term "AMC Premiere Services" includes such content.
You may use the AMC Premiere 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 AMC Premiere Services, including, without limitation, notices on any Content you transmit, download, display, print, stream or reproduce from the AMC Premiere Services. Except as expressly authorized by AMC Premiere, 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 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 Premiere or its owner if AMC Premiere 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 AMC Premiere Services contain elements that infringe your intellectual property rights, please follow the procedures set forth in Section 15 above.
17. Copyright and Intellectual Property Claims
If you believe that content available through the AMC Premiere 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 AMC Premiere Services are covered by a single notification, a representative list of such works on the AMC Premiere 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:
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 Premiere 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 Premiere’s sole discretion.
18. Termination of Use of AMC Premiere Services
You may terminate your subscription for AMC Premiere Services at any time, for any reason.
- To terminate your subscription to AMC Premiere Services through the Ecommerce Website, go to https://www.amc.com/profile, login to your registered account, and select “Cancel your subscription.”
To terminate your subscription to AMC Premiere Services through Amazon, go to (a) your Amazon account and click “Amazon Channel Subscriptions and select “Cancel your subscription” under “Actions”; or (b) go to https://www.amazon.com/appstoresubscriptions and sign in with your Amazon account information, find the subscription you want to manage and select “Actions,” and choose “Cancel your subscription.”
To terminate your subscription to AMC Premiere Services through Apple, (a) go to your Apple account by following the instructions at https://support.apple.com/en-us/ht202039#subscriptions; or (b) on an iPhone, iPad, or iTouch, go to Settings, select your Apple ID, then select “iTunes & App Store,” authenticate your Apple ID, select subscriptions, select the subscription that you want to manage, and select “Cancel Subscription”; or (c) on a Mac or PC, open iTunes, sign in with your Apple, select “View My Account” under the “Account” menu, scroll to the “Settings” section, select “Manage,” then select “Edit” next to the subscription you want to manage, and finally select “Cancel Subscription”; (c) on an Apple TV, opening “Settings”, select “Accounts,” then select “Subscriptions”, choose the subscription that you want to manage, and finally select “Cancel Subscription”.
To terminate your subscription to AMC Premiere Services through Google, go to your Google account by following the instructions at https://support.google.com/googleplay/answer/7018481?hl=en&co=GENIE.Platform%3DAndroid, or by go to the Google Play store app, select “Account”, select the AMC Premiere app from the list of subscriptions, and select “Cancel Subscription” on the pop-up message. You may also visit http://www.amcpremiere.com/guide/ and click on “How do I cancel my AMC Premiere subscription?” for further information.
To terminate your subscription to AMC Premiere 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.
Once you terminate your subscription for AMC Premiere Services, you may terminate your AMC account at any time, for any reason by cancelling your Registered Account on the App. The option to terminate will not be available on the App on your mobile device. If you experience any issues canceling your Registered Account, please email us at email@example.com with your username and the email address you signed up with. If you have subscribed to AMC Premiere Services, you will continue to have access to your AMC Premiere Services until the end of your current subscription period.
If you terminate your service with your TV provider, you will no longer be able to view, watch or download AMC Premiere Services. You will continue to be billed for the AMC Premiere Services until you terminate your subscription for AMC Premiere Services as described above. However, if you terminate your service with your TV Provider and switch to another TV Provider that offers the full AMC Premiere Services and your package includes AMC, you will be able to re-authenticate through your new TV Provider to continue to view the Content on AMC Premiere Services.
We may terminate or restrict your use of or registration to the AMC Premiere Services at any time, without compensation or notice, at our sole discretion, if you are in violation of these AMC Premiere Terms or are engaged in any illegal or unauthorized use of the AMC Premiere Services.
AMC PREMIERE DOES NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-BILLING PERIOD OR SUBSCRIPTION PERIODS OR FOR UNWATCHED CONTENT ACCESSIBLE THROUGH THE AMC PREMIERE SERVICES, unless required by law. Refer to Section 18(a) and follow AMC’s, Amazon’s, Apple’s, Google’s or Roku's protocol, as applicable, to cancel your subscription to AMC Premiere Services. 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 AMC Premiere Terms shall remain in effect.
These AMC Premiere Terms 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 AMC Premiere Terms and complies with applicable laws.
You agree to defend, indemnify and hold AMC Premiere, its 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 (a) your use of the AMC Premiere Services, or (b) your breach or violation these AMC Premiere Terms. AMC Premiere 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 Premiere’s defense of such Claim.
21. DISCLAIMER AND LIMITATIONS OF LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAWS, THE AMC PREMIERE 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 AMC PREMIERE SERVICES WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS, SERVICES OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. 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 PLATOFRM THORUGH WHICH YOU CAN ACCESS AND/OR DOWNLOAD THE AMC PREMIERE 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 AMC PREMIERE SERVICES ,OR ANY CONTENT OR FUNCTIONALITY IN THE AMC PREMIERE SERVICES, NOR SHALL THEY BE RESPONSIBLE FOR PROVIDING SUPPORT SERVICES WITH RESPECT TO THE AMC PREMIERE 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 AMC Premiere 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 AMC Premiere Services, including, without limitation, Content associated with your use of the AMC Premiere Services.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AMC PREMIERE, 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 AMC PREMIERE SERVICES OR FROM THESE AMC PREMIERE TERMS, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES.
You further understand and acknowledge the capacity of the AMC Premiere 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 Premiere 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 Premiere 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. In the UK, this includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentations or for defective products under the Consumer Protection Act 1987.
NOTHING IN THESE AMC PREMIERE TERMS SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.
22. 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 this Terms. However, these Third Party Platform Providers are not party to these Terms and have no obligation to provide maintenance and/or support of the AMC Premiere Services. AMC Premiere, not such Third Party Platform Providers, is solely responsible for the AMC Premiere 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.
23. Electronic Signature and Contracts
When you use the AMC Premiere Services, you can enter into agreements and make purchases electronically. You agree to the use of electronic records and signatures in association with the AMC Premiere Services. Your agreement and intent to use electronic records and signatures applies to all transactions you enter into on the Service 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 AMC Premiere 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 firstname.lastname@example.org. To update your contact information, visit the “My Account” section of the AMC Premiere Services.
You confirm that you have the ability to access and retain e-mails.
24. Force Majeure
AMC Premiere 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 Premiere’s control.
25. Geographic Availability
The AMC Premiere Services are intended for viewing solely within the United States, Canada and United States territories, including American Samoa, Guam, Northern Mariana Islands, Puerto Rico, United States Military, United States Minor Outlying Islands and the United States Virgin Islands (the “Territories”). AMC Premiere makes no representations that materials or other Content in the AMC Premiere Services are appropriate or available for use outside of the Territories.
These AMC Premiere Terms cannot be changed or terminated orally.
If any provision of these AMC Premiere Terms is held to be illegal, invalid or unenforceable, this shall not affect any other provisions and these AMC Premiere Terms 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 AMC Premiere Terms.
No action arising out of these AMC Premiere Terms or your use of the AMC Premiere Services, regardless of form or the basis of the claim, may be brought by you more than one year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose), unless otherwise provided by law. These AMC Premiere Terms and your use of the AMC Premiere 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.
You specifically agree and submit to the non-exclusive jurisdiction and venue of the State and Federal Courts situated in the State and County of New York and agree you shall not object to such jurisdiction or venue.
IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF AMC PREMIERE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
YOU MAY ALSO BE ENTITLED TO CERTAIN CONSUMER PROTECTION AND OTHER RIGHTS UNDER THE LAWS OF YOUR LOCAL JURISDICTION.
These AMC Premiere Terms were last modified on the date indicated above and are effective immediately.
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