Terms of Use

Last Updated: December 15, 2020

 

These Terms of Use (“Terms”) govern your use of any website, application, or services offered by Estrella Media, Inc. (“we” or “us” or “our company”), including without limitation the EstrellaTV website (“Site”), any EstrellaTV mobile application, and any other sites, applications, or services offered by us, as well as services offered through third parties integrating functionality with our sites, applications, or services (all of the foregoing, collectively, the “Services”).  Anyone who accesses the Site or the Services is referred to in these Terms as “User” or “you.”  BY USING THE SITE OR SERVICES, YOU ARE AGREEING TO THESE TERMS.  PLEASE READ THEM CAREFULLY.

 

NOTICE OF ARBITRATION AGREEMENT: YOU ARE REQUIRED UNDER THESE TERMS TO (i) RESOLVE ANY DISPUTE WITH US ARISING HEREUNDER THROUGH BINDING ARBITRATION, (ii) WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN CONNECTION WITH SUCH DISPUTE, AND (iii) WAIVE THE RIGHT TO A TRIAL BY JURY OR COURT.  PLEASE SEE THE “ARBITRATION AGREEMENT & CLASS ACTION WAIVER” SECTION FOR DETAILS. 


Eligibility 

You must be at least 13 years old to use the Site or the Services.  The Site and the Services are not intended for anyone under the age of 13.

 

If you are a minor (i.e., if you are under the age of majority in your state of residence), your parent or legal guardian must agree to these Terms on your behalf and you may only access and use the Site and the Services with permission from your parent or legal guardian.

 

Additional Terms 

Some of the Services are subject to additional terms and conditions (“Additional Terms”).  Where Additional Terms apply to a Service, we will post them directly on that Service.  By using that Service, you agree to the Additional Terms.

 

Not Intended for Use Outside the U.S.

The Site and the Services (including all the Content (as defined below)) are hosted and operated from within the United States of America.  We and our affiliates and third-party licensors do not represent or warrant that the Site or the Services or the Content will be appropriate or available for use outside the U.S.  If you access the Site or the Services or the Content from outside the U.S., you do so at your own risk and you are entirely responsible for complying with all applicable local laws.

 

Changes to These Terms 

From time to time we may change these Terms.  Any material changes to these Terms will be effective thirty (30) days after we post a notice of the changes on the Site or on the Services that are affected by the changes.  By continuing to use the Site or the affected Services after such 30-day period, you are deemed to have agreed to the changes.  If you do not agree with the changes, your sole and exclusive remedy will be to discontinue use of the Site or the affected Services.

 

Reservation of Rights

We reserve the right to not provide the Site or the Services to any person.  We also reserve the right to terminate any User’s access to the Site or the Services at any time, in our discretion.  If you violate any of these Terms or applicable Additional Terms or any applicable law, your permission to use the Site and the Services automatically terminates.  Furthermore, we reserve the right to modify or discontinue all or any part of the Site or the Services or the Content at any time in our sole discretion, with or without notice.  We will not be liable to you or to any other User, if for any reason all or any part of the Site or the Services or the Content becomes unavailable at any time or in any location.

 

Account Registration

Some of the Services may require account registration.  By registering an account on such a Service, you warrant that all account information you submit is your own information and is truthful and accurate.  We reserve the right to suspend or terminate your account if we have any reason to believe that you have misrepresented or provided false account information to us.  It is your responsibility to keep your account information accurate and current.  As the account holder, you are responsible for safeguarding your account login information (username and password), and you should notify us immediately if your account login is lost, stolen, or used by another without your permission.  You are responsible for all activities on your account, including those of any other User you allow to access your account, and any misconduct by you or any such other User may result in termination of your account.

 

Consent to Electronic Communications

By using the Site or the Services and providing your email address and/or mobile number, you consent to receiving electronic communications from us that are related to your use of the Site or the Services.  These electronic communications may include emails, text messages, push messages, in-app messages, and notifications directly posted to your account on the Services.  You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that the same be in writing.

 

Mobile Service Charges

You understand and agree that standard carrier charges may apply if you access the Site or the Services on a mobile device and that payment of all data and other charges assessed by your wireless carrier will solely be your responsibility.

 

Prohibited Uses 

Our goal is to create a positive, useful, and safe User experience.  To promote this goal, we prohibit certain kinds of conduct that may be harmful to other Users or to us.  When you use the Site or the Services, you may not:

• violate any law or regulation;

• violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;

• post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;

• send unsolicited or unauthorized advertising or commercial communications, such as spam;

• engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Site or the Services;

• transmit any viruses or other computer instructions or technological means intended to disrupt, damage, or interfere with the use of computers or related systems;

• stalk, harass, or harm another individual;

• impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;

• use any means to scrape or crawl content or data from the Site or the Services;

• attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another User) to protect the Site or the Services;

• attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Site or the Services; or

• advocate, encourage, or assist any third party in doing any of the foregoing.

 

Proprietary Rights 

All information, text, graphics, images, photos, audio/video/music content, commentaries, editorials, blogs, and software applications, whether or not downloadable, made available on or through the Site and/or the Services, as well as all trademarks, service marks, titles, logos, and layout design and look and feel elements displayed or appearing on the Site and/or the Services (all of the foregoing, collectively, the “Content”), belong to Estrella Media, Inc. or our affiliates or third-party licensors, and are protected by intellectual property and other laws in the United States and other countries.

 

Subject to your compliance with these Terms, any applicable Additional Terms, and applicable laws, we grant you a revocable, conditional and limited license to access and use the Site and the Services, including the Content, for your own lawful personal and noncommercial use only.  This license is personal to you and is not transferable or sublicensable to others, and may be revoked and terminated by us at any time and for any reason (including, without limitation, if you violate these Terms or any applicable Additional Terms or any applicable law).  Any unauthorized use, copying, reproduction, or distribution of the Site or the Services or the Content is strictly prohibited and may result in civil and/or criminal liabilities.  We and our affiliates and third-party licensors reserve all rights not expressly granted herein.

 

User Feedback

If you submit ideas, suggestions, comments, or other feedback concerning the Site or any of the Services or Content (whether solicited or unsolicited) (collectively, “Feedback”) to us, you agree and acknowledge that: (i) our company and our affiliates and third-party licensors, including our and their successors and assigns, will be free to copy and use your Feedback for any and all commercial and noncommercial purposes (including, without limitation, for marketing, advertising, promotion, and product/service development); (ii) your Feedback submission is voluntary and consensual and is made without any condition or reservation of rights, including, without limitation, any condition of compensation, payment, credit, attribution, secrecy, or confidentiality; (iii) your Feedback submission does not give rise to any contractual, fiduciary or confidential relationship of any kind (whether express or implied) between you and our company; and (iv) your Feedback submission may be used and retained indefinitely by our company and our affiliates and third-party licensors, including our and their successors and assigns.

 

Privacy 

Your privacy is very important to us.  Please review our Privacy Policy, which explains how we collect, use, protect, and share personal information and other data with others.

 

Third-Party Links and Ads

The Site and the Services may display links and/or ads for third-party websites, applications, goods, or services.  We are not responsible for such third-party sites, applications, goods, or services, and the display of links or ads does not constitute or imply our endorsement, sponsorship, or approval of such third-party sites, applications, goods, or services.  Your dealings with third parties who advertise on the Site or the Services, including any purchases or other transactions you enter into with them, are solely between you and such third parties.  Moreover, you understand and agree that: (i) your use of third-party sites, applications, goods, or services will be governed by the terms and policies of the applicable third-party providers, and not by these Terms; (ii) any claim or dispute arising from your use of third-party websites, applications, goods, or services will be solely between you and the applicable third-party providers; and (iii) under no circumstances will our company be liable in any way for any act or omission of the third-party providers, or for any injury, loss, or damage that you incur as a result of your use of third-party websites, applications, goods, or services.

 

Disclaimers and Limitations of Liability 

YOU USE THE SITE AND THE SERVICES (INCLUDING THE CONTENT) AT YOUR OWN RISK.  THE SITE AND THE SERVICES (INCLUDING ALL THE CONTENT) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR COMPANY AND OUR AFFILIATES AND THIRD-PARTY LICENSORS DISCLAIM ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

 

WITHOUT LIMITATION TO THE GENERALITY OF THE FOREGOING, OUR COMPANY AND OUR AFFILIATES AND THIRD-PARTY LICENSORS DO NOT WARRANT THAT: (a) THE SITE AND THE SERVICES AND ALL THE CONTENT WILL BE ERROR-FREE, ACCURATE OR UP TO DATE, OR WILL BE UNINTERRUPTED, OR WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (b) ANY DEFECT OR ERROR IN THE SITE OR THE SERVICES OR THE CONTENT WILL BE CORRECTED; OR (c) THE SITE AND THE SERVICES AND ALL THE CONTENT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

OUR COMPANY AND OUR AFFILIATES AND THIRD-PARTY LICENSORS WILL HAVE NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE OR THE SERVICES; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SITE OR THE SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE OR THE SERVICES; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED ON OR THROUGH THE SITE OR THE SERVICES BY ANY USER; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR THE SERVICES OR THE CONTENT.

 

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE OR THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR COMPANY OR ANY OF OUR AFFILIATES OR THIRD-PARTY LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR LOSS OF PROFITS, REVENUE, OR DATA) OR FOR THE COST OF OBTAINING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, HOWEVER CAUSED, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY OTHER USER UNDER THESE TERMS, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).

 

You understand and agree that we have set our prices and entered into these Terms with you in reliance upon the limitations of liability set forth in these Terms, which allocate risk between us and form the basis of a bargain between the parties.

 

User Release and Indemnity

You agree to release and forever discharge (to the fullest extent permitted by applicable law) our company and our affiliates and third-party licensors, including our and their successors and assigns, from any and all claims, actions, causes of action, liabilities, damages, costs, and expenses (including, without limitation, those for bodily injury and emotional distress) arising out of or related to your use of the Site or the Services or the Content.

 

You further agree to indemnify and hold harmless our company and our affiliates and third-party licensors, including our and their successors and assigns, from and against any third-party claims (including all liabilities, damages, losses, costs, and expenses associated therewith) arising out of or related to: (a) your use or misuse of the Site or the Services or the Content; (b) your violation of these Terms or applicable Additional Terms or any applicable law; and/or (c) your violation of any third party’s rights.

 

ARBITRATION AGREEMENT & CLASS ACTION WAIVER

The United States Federal Arbitration Act (9 U.S.C. §§ 1-16) governs the interpretation and enforcement of this arbitration agreement.  This arbitration agreement shall survive termination of these Terms.

 

(a) Except as related to the enforcement of intellectual property rights, and except as expressly otherwise provided below, you and we both agree to resolve on an individual basis through binding arbitration, all disputes, controversies, claims, and causes of action arising out of or related to these Terms or any Additional Terms, or arising out of or related to the Site or the Services or the Content, whether based in contract, tort, warranty, statute, or any other legal or equitable basis (including, without limitation, any dispute relating to the formation, validity, interpretation, applicability, or enforceability of these Terms or any Additional Terms, the arbitrability of any dispute or claim, and any claim that all or any part of these Terms or any Additional Terms are void or voidable) (collectively, “Claims” and individually, a “Claim”).

 

(b) Arbitration is more informal than a lawsuit.  There is no judge or jury in arbitration, and court review of an arbitration award is limited.  The arbitrator, however, can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief, or statutory damages).  BY AGREEING TO ARBITRATE, YOU AND WE BOTH AGREE TO UNCONDITIONALLY WAIVE THE RIGHT TO A TRIAL BY JURY OR COURT; except that either you or we may bring an individual action in a small claims court for a Claim that is within such court’s jurisdictional authority.

 

(c) Any arbitration between you and us shall be conducted by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”), as modified by this arbitration agreement.  The arbitration shall be conducted by a single, neutral arbitrator, and if you and we cannot agree on the choice of the single arbitrator, the arbitrator shall be appointed pursuant to the JAMS Rules, with the participation and involvement of you and us pursuant to JAMS Rule 12.  The JAMS Rules are available on its website at https://www.jamsadr.com/rules-streamlined-arbitration.  The Consumer Arbitration Minimum Standards are available at https://www.jamsadr.com/consumer-minimum-standards/.

 

(d) In order to commence arbitration, you or we must first send via certified mail to the other a written Notice of Dispute (“Notice”) that sets forth the name, address, and contact information of the party giving notice, the Claim(s) and the specific facts giving rise to the Claim(s), and the relief requested.  Your Notice to us must be sent via certified mail to Estrella Media, Inc., 1845 Empire Ave, Burbank, CA 91504, ATTN.: General Counsel.  We will send any Notice to you at the contact information we have for you.  It is the sender’s responsibility to ensure that the recipient receives the Notice.  During a period of 45 days following our or your receipt of a Notice, you and we will make reasonable efforts to resolve the Claim(s) through informal negotiations, and arbitration cannot commence during such 45-day period.  If we do not resolve the Claim(s) within such 45-day period, then either you or we may initiate arbitration in accordance with the JAMS Rules.

 

(e) The arbitrator must follow these Terms (and any Additional Terms, if applicable) and will have the exclusive authority to resolve issues relating to the formation, validity, interpretation, applicability, and enforceability of these Terms and the applicable Additional Terms, including, without limitation, the arbitrability of a dispute/claim, and any claim that all or any part of these Terms or the applicable Additional Terms, are void or voidable.

 

(f) Any arbitration between you and us must be held either: (i) at a location determined pursuant to the JAMS Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and us; or (iii) if the only Claim(s) in the arbitration is/are asserted by you and is/are for less than $10,000 in aggregate, then (at your election) by telephone or by written submission.

 

(g) The arbitrator shall: (i) apply internal laws of the State of California consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the laws of the United States, irrespective of any conflict of law principles; (ii) entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with California or federal rules of procedure, as applicable; (iii) honor claims of privilege recognized at law; and (iv) have authority to award any form of legal or equitable relief consistent with applicable laws.

 

(h) The arbitrator shall issue a written award supported by a statement of decision setting forth the arbitrator’s determination of the dispute/claim and the factual findings and legal conclusions relevant to it (an “Award”).  Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets.

 

(i) Other than an arbitration initiated by you against us that was determined by the arbitrator to be frivolous or have been brought for an improper purpose, we will pay the arbitration filing and arbitrator fees, or reimburse you for the payment of such fees.  If you prevail in the arbitration and the arbitrator issues you an Award that is greater than the value of our last written settlement offer made before an arbitrator was selected (or if we did not make a settlement offer before an arbitrator was selected), then we will pay you the amount of the Award or US$1,000, whichever is greater, and will also pay (or reimburse you for) your reasonable attorneys’ fees and other legal expenses incurred in the arbitration.  We waive any right to seek an award of attorneys’ fees and expenses in connection with any non-frivolous arbitration between you and us.

 

(j) You and we both agree to maintain the confidential nature of the arbitration and not to disclose the fact of the arbitration, any documents exchanged as part of any negotiation, mediation, or proceedings of the arbitration, the arbitrator’s decision, or the existence or amount of any Award, except as may be necessary to prepare for or conduct the arbitration (in which case anyone becoming privy to such confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an Award or its enforcement, or unless otherwise required by applicable law or a valid court order.

 

(k) We may modify the provisions of this arbitration agreement, but such modification will only become effective thirty (30) days after we have notified you of such modification by email or by posting a notice of the changes on the Site or the applicable Services, and only on a prospective basis for disputes/claims arising after the effective date of such notification.  If any modification to this arbitration agreement is deemed illegal, invalid or unenforceable, then this arbitration agreement without such modification and in effect at the time of your acceptance of these Terms of Use shall govern.

 

(l) CLASS ACTION WAIVER: YOU AND WE BOTH AGREE THAT: (i) ANY CLAIM WILL BE BROUGHT IN ANY FORUM IN AN INDIVIDUAL CAPACITY ONLY, AND WILL NOT BE BROUGHT ON BEHALF OF, OR AS PART OF, ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING; (ii) NEITHER YOU NOR WE WILL SEEK TO HAVE A CLAIM HEARD AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PURPORTS TO ACT IN A REPRESENTATIVE CAPACITY; AND (iii) NO ARBITRATION OR OTHER PROCEEDING CAN BE COMBINED WITH ANOTHER WITHOUT THE EXPRESS PRIOR WRITTEN CONSENT OF ALL PARTIES TO THE ARBITRATION OR PROCEEDING.  If the foregoing class action waiver is found to be illegal or unenforceable as to all or some parts of a Claim, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.

 

Governing Law; Jurisdiction

These Terms and any Additional Terms shall be governed by and construed in accordance with the laws of the State of California, U.S.A., without regard to its conflict of laws principles.  The United Nations Convention on Contracts for the International Sale of Goods, if applicable, shall not apply to these Terms or any Additional Terms.

 

Except with respect to Claims to be resolved by binding arbitration in accordance with the arbitration agreement set forth in the preceding section, you and we both agree to submit to the exclusive jurisdiction of the state or federal courts located in Los Angeles, California, U.S.A. to resolve any Claim arising out of or related to these Terms or any Additional Terms, or arising out of or related to the Site or the Services or the Content.

 

Time Limit on Filing of Claims

YOU UNDERSTAND AND AGREE THAT ANY CLAIM YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OR ANY ADDITIONAL TERMS, OR ARISING OUT OF OR RELATED TO THE SITE OR THE SERVICES OR THE CONTENT, MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR BE FOREVER BARRED.

 

Miscellaneous

These Terms, together with any Additional Terms and the other legal notices referenced herein, constitute the entire agreement between you and our company concerning the use of the Site, the Services, and the Content.  If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, all of which shall remain in full force and effect.  No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or a waiver of any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.  Any provision of these Terms that by its nature survives the termination of these Terms shall survive such termination.