TERMS OF USE

EKKL provides a personalized subscription service that allows our members to access entertainment content and other services ("EKKL content") over the Internet on certain Internet-connected TV's, computers and other devices ("EKKL ready devices").

The EKKL service is provided to you by EKKL LLC or one of its subsidiaries including EKKL Streaming LLC, EKKL Loyalty LLC, EKKL Podcasting LLC and EKKL Studios. You have accepted these Terms of Use, which govern your use of our service. As used in these Terms of Use, "EKKL service", "our service" or "the service" means the personalized service provided by EKKL for discovering and accessing EKKL content, including all features and functionalities, recommendations and reviews, blogs, our websites, and user interfaces, as well as all content and software associated with our service. References to ‘you’ in these Terms of Use indicate the member who created the EKKL account and whose payment method is charged. Your use of the EKKL service is also governed by our Privacy Policy, which is incorporated into these Terms of Use by reference and is available at www.EKKL.com/privacy.

YOU AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN SECTION 7 TO RESOLVE ANY DISPUTES WITH EKKL (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT).

1. MEMBERSHIP

1.1. Your EKKL membership will continue and automatically renew until terminated. To use the EKKL service you must have Internet access and a EKKL ready device and provide us with one or more Payment Methods. "Payment Method" means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party. You must cancel your membership before it renews in order to avoid billing of the subscription fees for the next billing cycle to your Payment Method (see "Cancellation" below).

1.2. We may offer a number of subscription plans, including subscription plans that contain commercial breaks and other types of commercial messages and advertising formats (“Advertisements”). All subscription plans may contain limited commercial content, such as branded content or sponsorship messaging, promos for EKKL content or information about other EKKL goods or services.

2. PROMOTIONAL OFFERS

We may from time to time offer special promotional offers (such as sweepstakes, discounts and other incentives), plans or memberships (“Offers”). Offer eligibility is determined by EKKL at its sole discretion and we reserve the right to revoke an Offer and put your account on hold in the event that we determine you are not eligible. Members of households with an existing or recent EKKL membership may not be eligible for certain introductory Offers. We may use information such as device ID, method of payment or your contact information to determine Offer eligibility. The eligibility requirements and other limitations and conditions will be disclosed when you sign-up for the Offer or in other communications made available to you.

3. BILLING AND CANCELLATION

3.1. Billing Cycle. The subscription fee for the EKKL service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your Payment Method on the specific payment date indicated on the "Account" page. The length of your billing cycle will depend on the type of subscription plan that you choose when you signed up for the service. Subscription fees are fully earned upon payment. In some cases your payment date may change, for example if your Payment Method has not successfully settled, when you change your subscription plan or if your paid subscription began on a day not contained in a given month. Visit the EKKL.com website and click on the "Account Settings" page to see your next payment date. We may authorize your Payment Method in anticipation of subscription or service-related charges through various methods, including authorizing it up to approximately one month of service as soon as you register.

3.2. Payment Methods. To use the EKKL service you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.

3.3. Updating your Payment Methods. You can update your Payment Methods by going to the "Account Settings" page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).

3.4. Cancellation. You can cancel your EKKL membership at any time, and you will continue to have access to the EKKL service through the end of your billing period. To cancel, go to the "Account" page on our EKKL.com website and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. On the "Account" page you can see when your account will close.

3.5. Changes to the Price and Subscription Plans. We may change our subscription plans and the price of our service from time to time. We will notify you at least one month before any price changes or changes to your subscription plan will become effective. If you do not wish to accept the price change or change to your subscription plan, you can cancel your membership before the change takes effect.

3.6. No Refunds. Payments are nonrefundable and there are no refunds or credits for partially used subscription periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

4. EKKL SERVICE

4.1. You must be at least 18 years of age to become a member of the EKKL service. Individuals under the age of 18 may only utilize the service with the involvement of a parent or legal guardian, under such person's account and otherwise subject to these Terms of Use.

4.2. The EKKL service and any content accessed through our service are for your personal and non-commercial use only and may not be shared with individuals beyond your household unless otherwise allowed by your subscription plan. During your EKKL membership, we grant you a limited, non-exclusive, non-transferable right to access the EKKL service and EKKL content through the service. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.

4.3. You may access EKKL content primarily within the country in which you have established your account and only in geographic locations where we offer your subscription plan and have licensed such content. The content that may be available will vary by geographic location and will change from time to time.

4.4. The EKKL service, including the EKKL content, is regularly updated. We therefore do not guarantee that particular content will be available on the EKKL service at any given time.

4.5. In the event that EKKL enables the capability for content to be available for temporary download and offline viewing on certain supported devices ("Offline Titles"). Limitations apply, including restrictions on the number of Offline Titles per account, the maximum number of devices that can contain Offline Titles, the time period within which you will need to begin viewing Offline Titles and how long the Offline Titles will remain accessible. Some Offline Titles may not be playable in certain countries and if you go online in a country where you would not be able to stream that Offline Title, the Offline Title will not be playable while you are in that country.

4.6. You agree to use the EKKL service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. Except as explicitly authorized by us, you agree not to:

1. archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the EKKL service;

2. circumvent, remove, alter, deactivate, degrade, block, obscure or thwart any of the content protections or other elements of the EKKL service, including the graphical user interface, any advertising or advertising features, copyright notices, and trademarks;

3. use any robot, spider, scraper or other automated means to access the EKKL service;

4. decompile, reverse engineer or disassemble any software or other products or processes accessible through the EKKL service;

5. insert any code or product or manipulate the content of the EKKL service in any way;

6. use any data mining, data gathering or extraction method;

7. upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the EKKL service, including any software viruses or any other computer code, files or programs; or

8. engage in any of the foregoing in connection with the use, creation, development, modification, prompting, fine-tuning, training, testing, benchmarking or validation of any machine learning tool, model, system, algorithm, product or other technology.

We may terminate or restrict your use of our service if you violate these Terms of Use or are engaged in illegal or fraudulent use of the service.

4.7. The quality of the display of the EKKL content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. HD availability is subject to your Internet service and device capabilities. Not all content is available in all formats, such as HD. The minimum connection speed for HD video quality (defined as a resolution of 720p or higher) is 3.0 Mbps per stream; however, we recommend a faster connection for improved video quality. A connection speed of at least 5.0 Mbps per stream is recommended to receive Full HD video quality (defined as a resolution of 1080p or higher). You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. EKKL makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching EKKL content will vary based on a number of factors, including your location, available bandwidth at the time, the EKKL content you have selected and the configuration of your EKKL ready device.

4.8. The EKKL software is developed by, or for, EKKL and may solely be used for authorized streaming and to access content from EKKL through EKKL ready devices. This software may vary by device and medium, and functionalities may also differ between devices. By using our service, you agree to receive, without further notice or prompting, updated versions of the EKKL and related third-party software. If you do not accept the foregoing terms, do not use our service.

4.9. By using our service, you agree to look solely to the entity that manufactured and/or sold you the EKKL ready device for any issues related to the device and its compatibility with the EKKL service. We do not take responsibility or otherwise warrant the performance of EKKL ready devices, including the continued compatibility with our service.

5. PASSWORDS AND ACCOUNT ACCESS

You are responsible for any activity that occurs through the EKKL account. By allowing others to access the account (which includes access to information on viewing activity for the account), you agree that such individuals are acting on your behalf and that you are bound by any changes that they may make to the account, including but not limited to changes to the subscription plan. To help maintain control over the account and prevent any unauthorized users from accessing the account, you should maintain control over the devices that are used to access the service and not reveal the password or details of the Payment Method associated to the account to anyone. You agree to provide and maintain accurate information relating to your account, including valid contact information so we can send you account related notices. We can terminate your account or place your account on hold in order to protect you, EKKL or our partners from identity theft or other fraudulent activity. EKKL is not obligated to credit or discount a subscription for holds placed on the account by either a representative of EKKL or by the automated processes of EKKL.

6. DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY

6.1. THE EKKL SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE EKKL SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. EKKL DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE EKKL SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. EKKL SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, EKKL READY DEVICES, AND EKKL SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).

6.2. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL EKKL, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER. NOTWITHSTANDING THE FOREGOING, TO THE EXTENT ANY LIABILITY OF EKKL IS NOT OTHERWISE EXCLUDED UNDER THIS SECTION 6, EKKL'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE EKKL SERVICE SHALL NOT EXCEED THE TOTAL AMOUNTS PAID BY YOU TO EKKL DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. NOTHING IN THESE TERMS OF USE EXCLUDES OR LIMITS LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY ARISING FROM FRAUD OR WILLFUL MISCONDUCT.

6.3. YOU MAY ENCOUNTER THIRD PARTY ADVERTISEMENTS OR OTHER COMMERCIAL CONTENT ON THE EKKL SERVICE. EKKL DOES NOT ENDORSE OR SPONSOR ANY ADVERTISED PRODUCTS OR SERVICES AND TAKES NO RESPONSIBILITY FOR THE PRODUCTS OR SERVICES PROVIDED BY ADVERTISERS. ANY INTERACTIONS WITH ADVERTISERS, INCLUDING THROUGH ENGAGEMENT WITH INTERACTIVE ADVERTISEMENTS, ARE AT YOUR OWN OPTION AND RISK AND YOU AGREE THAT EKKL IS NOT LIABLE FOR ANY DAMAGES THAT YOU MAY INCUR AS A RESULT OF SUCH INTERACTIONS.

6.4. NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.

7. ARBITRATION AGREEMENT

7.1. You and EKKL agree that any dispute, claim or controversy arising out of or relating in any way to the EKKL service, these Terms of Use and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award and nothing in this Arbitration Agreement shall be interpreted as limiting any non-waivable statutory rights. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and EKKL are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your EKKL membership.

7.2. If you elect to seek arbitration or file a small claim court action, you must first send to EKKL, by certified mail, a written Notice of your claim ("Notice"). The Notice to EKKL must be addressed to: Head of Business Affairs, EKKL LLC., 18940 N. Pima Rd., Suite 110, Scottsdale, AZ 85255. If EKKL initiates arbitration, we will send a written Notice to you via the contact information that we have available for you. A Notice, whether sent by you or by EKKL, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If EKKL and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or EKKL may commence an arbitration proceeding or file a claim in small claims court.

7.3. The arbitration will be governed by the Consumer Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. The arbitrator's award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator's award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator's application or conclusions of law.

7.4. Confidentiality. The parties agree to maintain the confidentiality of all arbitration proceedings, hearings, and awards, except as may be necessary to enforce an award or as required by applicable law. Neither party shall disclose the substance or outcome of any arbitration proceeding to any third party without the prior written consent of the other party, unless disclosure is required by applicable law.

7.5. If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules, and the hearing (if any) must take place in Scottsdale, Arizona. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of EKKL's last written settlement offer made before an arbitrator was selected (or if EKKL did not make a settlement offer before an arbitrator was selected), then EKKL will pay you the amount of the award or US$5,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.

7.6. YOU AND EKKL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and EKKL agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

8. THIRD-PARTY SERVICES

8.1. Third-Party Services Generally. The EKKL service may contain links to or integrations with websites, applications, or services operated by third parties that are not owned or controlled by EKKL. EKKL has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party services. Your interactions with third-party services are governed solely by the applicable third party's own terms of service and privacy policy, and we encourage you to review those terms before engaging with any third-party service.

8.2. Laasy Perks Loyalty Program. EKKL offers access to loyalty and rewards benefits through Laasy Perks, a service operated by Laasy, Inc. (“Laasy Perks”). Your participation in Laasy Perks is subject to Laasy's separate terms of service and privacy policy, available at home.laasyperks.com/support. When you access Laasy Perks from the EKKL service, you are leaving EKKL's platform and entering a separate service operated by Laasy, Inc. EKKL is not responsible for the data practices, content, or availability of Laasy Perks. Access to the Laasy Perks program is available only to members who are 18 years of age or older.

8.3. Payment Processors. EKKL uses third-party payment processors to handle billing and subscription payments. Payment information you provide is subject to the privacy policy and terms of service of the applicable payment processor and is not stored or controlled directly by EKKL.

9. INDEMNIFICATION

9.1. You agree to defend, indemnify, and hold harmless EKKL, its subsidiaries, affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, actions, suits, proceedings, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (i) your use of, or inability to use, the EKKL service in violation of these Terms of Use; (ii) your violation of any applicable law or regulation; or (iii) your infringement of any intellectual property or other right of any third party. EKKL reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with EKKL in asserting any available defenses.

10. COPYRIGHT AND DMCA

10.1. Copyright Policy. EKKL respects the intellectual property rights of others and expects users of the EKKL service to do the same. We will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”) and are properly provided to us. Repeat infringers may have their accounts terminated.

10.2. DMCA Notice Procedure. If you believe that content available on or through the EKKL service infringes your copyright, please submit written notice to EKKL's designated copyright agent containing: (i) an electronic or physical signature of the person authorized to act on behalf of the copyright owner; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the infringing material and its location on the EKKL service sufficient to allow us to locate it; (iv) your contact information (address, telephone number, and email address); (v) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement, under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the copyright owner.

10.3. Designated Copyright Agent. EKKL's designated agent for receipt of DMCA notices is: EKKL LLC, Attn: Legal/Copyright, 18940 N. Pima Rd., Suite 110, Scottsdale, AZ 85255; Email: Licensing@EKKL.com. DMCA notices sent to any other address will not be accepted.

11. TERMINATION

11.1. Termination by EKKL. In addition to your right to cancel your membership under Section 3.4, EKKL may suspend or terminate your access to the EKKL service, in whole or in part, at any time, including if EKKL reasonably believes that: (i) you have violated these Terms of Use; (ii) you pose a security or fraud risk to EKKL, other members, or any third party; or (iii) providing the service to you is no longer commercially viable. Where reasonably practicable, EKKL will endeavor to provide advance notice prior to termination.

11.2. Effect of Termination. Upon any termination of your membership: (i) your right to access and use the EKKL service will immediately cease; (ii) EKKL may delete your account and associated data in accordance with our Privacy Policy; and (iii) any fees paid prior to termination are non-refundable except as required by applicable law or as otherwise provided in Section 3.6. EKKL shall not be liable to you or any third party for termination of your access to the EKKL service.

11.3. Survival of Provisions. The following provisions shall survive any termination or expiration of these Terms of Use: Section 6 (Disclaimers of Warranties and Limitations on Liability), Section 7 (Arbitration Agreement), Section 12.1 (Governing Law), Section 12.2 (Unsolicited Materials), Section 9 (Indemnification), and Section 10 (Copyright and DMCA).

12. MISCELLANEOUS

12.1. Governing Law. These Terms of Use shall be governed by and construed in accordance with the laws of the state of Arizona, U.S.A. without regard to conflict of laws provisions. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your state of residence.

12.2. Unsolicited Materials. EKKL does not accept unsolicited materials or ideas for EKKL content, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to EKKL. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against EKKL and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.

12.3. Customer Support. To find more information about our service and its features, or if you need assistance with your account, please visit the EKKL Help Center, which is accessible through the EKKL.com/Help website.

12.4. Survival. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

12.5. Changes to Terms of Use and Assignment. EKKL may, from time to time, change these Terms of Use. Such revisions shall be effective immediately; provided however, for existing members, material revisions shall, unless otherwise stated, be effective one month following notice to you. For purposes of these Terms of Use, “material revisions” include, without limitation: modifications to the Arbitration Agreement in Section 7; changes to the limitations on liability in Section 6; or changes to the scope of the license granted under Section 4.2. We may assign our agreement with you to any affiliated company or to any entity that succeeds to all or substantially all of our business or assets related to the applicable EKKL service.

12.6. Events beyond our reasonable control. The EKKL service and/or some of the EKKL content may not be available for streaming or downloading at any time as a result of events beyond our reasonable control, including, but not limited to: (i) power or server outages; (ii) acts or failures of any kind by third parties such as network providers (iii) war, riots, strikes, or social unrest; and/or (iv) any other events or factors beyond our reasonable control. While we will make reasonable efforts to notify you in advance, we will not be held liable should such events occur.

12.7. Electronic Communication. We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. For information about how we collect, use, and share your personal information, and your choices regarding marketing communications, please see our Privacy Policy available at www.EKKL.com/privacy.