Tripoint, LLC (“we” or “us”) provide you with the opportunity to buy or rent the episodes ‘Why Weight’ for download and/or streaming (“Program”). You will be required to accept this Terms of Service agreement (the ‘Agreement’) prior to registering with accessing the episodes via http://streaming.whyweight.tv (“Streaming Site”). If you do not agree to be bound by the terms of this Agreement, you may not register to use Streaming Site. We may revise and update this Agreement from time to time. If you are a registered user, we will attempt to inform you of any material changes. You may also view the most recent Agreement on the Whyweight.tv website.
To use Streaming Site, you must make a purchase, which creates an account (‘Account’). You agree that all information supplied by you during the purchase process is accurate, current, and complete, and that you have the authority to bind any business or entity in whose name you have created an account. Inaccurate or incomplete registration information may result in suspension of your account. You are solely responsible for maintaining the security of your Account and for all activity that occurs under your Account. You agree to notify us immediately if you suspect any unauthorized access to or use of your Account. By creating an Account, you affirm that you are at least 17 years of age, and, where necessary, you have the permission of a parent or guardian to create an Account and use Streaming Site.
Use of Programs
Programs available for sale may be streamed an unlimited number of times and downloaded once. Programs available via a subscription may be streamed an unlimited number of times during the subscription period. Programs available for rent will be accessible for 30 days to initiate viewing. Once initiated, viewing must be completed within 24 hours or before the end of the 30th day from date of initiation, whichever occurs sooner. Programs may be viewed on and/or downloaded to any compatible device. Please review the minimum technical requirements for streaming and downloading a Program prior to making a purchase. The quality of your viewing experience depends on any number of factors, including your viewing device and available bandwidth. Neither Tripoint, LLC nor the Program’s producer make any guarantees regarding the viewing quality of any Program. If you experience technical difficulties streaming or downloading a Program, please contact Tripoint, LLC technical support for assistance. Tripoint, LLC may in its sole discretion refund your purchase or subscription price, but is under no obligation to do so.
To purchase a Program for streaming or download, or to purchase a subscription, you will be required to provide us with your current payment information. We use this information solely to facilitate your purchase. Please see the Whyweight.tv website for a current list of accepted payment methods. Program pricing and availability is subject to change. By making a purchase, you authorize us to bill your desired payment method for the associated fee. Depending on your location and purchase method you may be subject to VAT and/or other transaction fees. Subscriptions will be billed in advance on a recurring basis and are non-refundable. If you choose to auto-renew a subscription, you will be billed until you cancel your subscription. You can choose to cancel (or pause) your subscription from the My Account‘ page.
Intellectual Property Programs
When you make a purchase, you are granted a non-exclusive, non-transferable, non-sublicensable rights and license to stream and/or download Programs as permitted by the Producer and this Agreement. You acknowledge that unless otherwise expressly stated by its Producer, Programs are intended for your personal, private, non-commercial use only; you may not use any Program for any commercial purpose or for public display. Your purchase does not constitute an assignment or transfer to you of any intellectual property rights in any Program or any elements thereof; to the extent the Producer owns such rights, it retains such rights. You agree not to make any use of any Program that infringes the rights, including copyright and trademark rights, of the Program’s Producer or any third party. Specifically, unless otherwise expressly authorized by the Producer, you shall not copy, distribute, publicly perform or display, sublicense, sell, rent, lease, broadcast, or otherwise assign or transfer any Program or any rights therein to any third party.
Tripoint, LLC Content
Tripoint, LLC, the Whyweight.tv.com, streming.digitalivesmatter.com, and all elements thereof, as well as all customer information and analytical information regarding uses of Tripoint, LLC are owned by Tripoint, LLC and are protected by copyright, trademark, trade secret, and other laws. Tripoint, LLC owns and retains all rights, including the worldwide copyright, in all elements of Tripoint, LLC solely and exclusively, for the duration of the rights in each country, in all languages, and throughout the universe. ‘Why Weight’ is a trademark or registered trademark of Tripoint, LLC.
TRIPOINT, LLC PROVIDES ‘Why Weight’ ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TRIPOINT, LLC DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Tripoint, LLC does not warrant or make any representations of any kind regarding Tripoint, LLC, or the use, validity, accuracy, or reliability of, or the results of the use of, or otherwise respecting, Tripoint, LLC or any Program available thereon. Your use of Tripoint, LLC is solely at your own risk. Tripoint, LLC also makes no representations or warranties that ‘Why Weight’ will be uninterrupted or error-free, or with respect to Programs available through Tripoint, LLC.
Limitation of Liability
To the maximum extent permitted by law, Tripoint, LLC, its directors, officers, shareholder, employees, representatives, consultants, agents, suppliers, and distributors shall not be liable for (a) any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses, or (b) damages relating to any conduct or Program of any user, including without limitation, defamatory, offensive or illegal conduct or Programs. This limitation applies to all claims, whether based on warranty, contract, tort, or any other legal theory, whether or not Tripoint, LLC has been informed of the possibility of such damage, and further where a remedy set forth herein is found to have failed its essential purpose. To the maximum extent permitted by applicable law, the total liability of Tripoint, LLC, its directors, officers, shareholder, employees, representatives, consultants, agents, suppliers, or distributors for any claim hereunder, including for any implied warranties, **shall not exceed the amounts paid by you over the twelve (12) months preceding your claim(s).
Some jurisdictions may not allow the exclusion of certain warranties or the exclusion/limitation of liability as set forth above, so these limitations above may not apply to you.
You agree to indemnify, defend, release, and hold harmless Tripoint, LLC and its directors, officers, shareholder, employees, representatives, consultants, agents, suppliers, and distributors from any liability, claim, demand, or damages (including attorneys’ fees and costs) of every kind and nature, brought by any third party and arising out of or in any way connected to the following:
- Unauthorized access to or use of any Program by you or any third party.
- Disputes between you and any Producer or other Streaming Site user.
- Your use of the Streaming Site in violation of this Agreement, any applicable law, or any rights of any third party.
Governing Law; Dispute Resolution
This Agreement and any action related thereto will be governed by the laws of the State of Georgia without regard to conflict of law provisions.
Except as provided herein, any and all disputes arising under or related to this agreement cannot be resolved through negotiations between the Parties and shall be submitted to binding arbitration. The arbitration shall take place in the State of Georgia in the United States of America. In the event of any arbitration or litigation being filed or instituted between the Parties concerning this agreement, the prevailing Party will be entitled to receive from the other Party or Parties its attorney fees, witness fees, cost and expenses, court costs and other reasonable expenses, whether or not such controversy, claim or action is prosecuted to the judgment or other form of relief.
Notwithstanding the forgoing, disputes arising pursuant to Producer’s breach of its representations and warranties with respect to intellectual property rights in and to Programs and Program Content shall be resolved by litigation in the courts of the State of Georgia, including the federal courts therein, and each party hereto consents to the jurisdiction of such courts, agrees to accept service of process by mail, and hereby waives any jurisdictional or venue defenses otherwise available to it.
This Agreement constitutes the entire agreement between you and us, and governs your use of Tripoint, LLC, superseding any prior agreements (including, but not limited to, any prior versions of this Agreement). The failure of Tripoint, LLC to exercise or enforce any term or provision of this Agreement will not constitute a waiver of such term or provision. If any part of this Agreement is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions will remain in full force and effect. This Agreement is not assignable or transferable by you without our prior written consent. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
If you have any questions or concerns about this Agreement or any Tripoint, LLC product or service, please don’t hesitate to contact Support@whyweight.tv