Terms of Use & Privacy Statement

Terms of Use

ASLFLIX™ provides a personalized subscription and rental service that allows our members to access films ("ASLFLIX™ content") streamed over the Internet to certain Internet-connected TV's, computers and other devices.

 

You have accepted these Terms of Use, which govern your use of our service. Personally identifying information is subject to our Privacy Statement, the terms of which are incorporated herein. Please review our Privacy Statement below to understand our practices.

 

As used in these Terms of Use, "ASLFLIX™ service", "our service" or "the service" means the personalized service provided by ASLFLIX™ for discovering and watching ASLFLIX™ content, including all features and functionalities, recommendations and reviews, the website, and user interfaces, as well as all content and software associated with our service.

 

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

 

1. Membership

 

1.1. Your ASLFLIX™ membership will continue month-to-month and/or upon specified length of time of subscription (i.e. 1 year) – which will automatically renew until terminated. To use the ASLFLIX™ service you must have Internet access and an internet-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.

 

1.2. We may offer a number of membership plans, including special promotional plans or memberships offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. Some membership plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your ASLFLIX™ membership by visiting our website and clicking on the "FAQ" link.

 

2. Billing

 

2.1. Payment Methods. To use the ASLFLIX™ service you must provide one or more Payment Methods. You can update your Payment Methods by going to the "Dashboard" 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). 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.

 

2.2. Changes to the Price and Subscription Plans. We reserve the right to change our subscription plans or adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes or changes to your subscription plan will take effect following notice to you.

 

2.3. No Refunds. Payments are nonrefundable and there are no refunds or credits for partially used periods.

 

3. ASLFLIX™ Service

 

3.1. You must be 18 years of age, or the age of majority in your province, territory or country, to become a member of the ASLFLIX™ service. Individuals under the age of 18, or applicable age of majority, may utilize the service only with the involvement of a parent or legal guardian, under such person's account and otherwise subject to these Terms of Use.

 

3.2. The ASLFLIX™ service and any content viewed through our service are for your personal and non-commercial use only and may not be shared with individuals beyond your household, with several exceptions. Exceptions include school systems, libraries and classroom uses are permitted. During your ASLFLIX™ membership, we grant you a limited, non-exclusive, non-transferable right to access the ASLFLIX™ service and view ASLFLIX™ content through the service. Except for the foregoing, no right, title or interest shall be transferred to you. Special requests are welcome in writing via only email at support@everydayasl.com.

 

3.3. You may view ASLFLIX™ content primarily within the country in which you have established your account and only in geographic locations where we offer our service and have licensed such content. The content that may be available to watch will vary by geographic location and will change from time to time. The number of devices on which you may simultaneously watch depends on your chosen subscription plan and is specified on the "Dashboard" page.

 

3.4. The ASLFLIX™ service, including the content library, is regularly updated. In addition, we continually test various aspects of our service, including but not limited to our website, user interfaces, promotional features and availability of ASLFLIX™ content.

 

3.5. You agree to use the ASLFLIX™ 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 in these Terms of Use, you agree not to archive, download, 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 ASLFLIX™ service. You also agree not to circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the ASLFLIX™ service; use any robot, spider, scraper or other automated means to access the ASLFLIX™ service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the ASLFLIX™ service; insert any code or product or manipulate the content of the ASLFLIX™ service in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to 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 ASLFLIX™ service, including any software viruses or any other computer code, files or programs. 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.

 

3.6. The quality of the display of the ASLFLIX™ 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, Ultra HD and HDR availability is subject to your Internet service and device capabilities. Not all content is available in all formats, such as HD, Ultra HD or HDR and not all plans allow you to receive content in all formats. Default playback settings on cellular networks exclude HD, Ultra HD and HDR content. The minimum connection speed for SD quality is 0.5 Mbps; however, we recommend a faster connection for improved video quality. A download speed of at least 5.0 Mbps per stream is recommended to receive HD content (defined as a resolution of 720p or higher). A download speed of at least 25.0 Mbps per stream is recommended to receive Ultra HD (defined as a resolution of 1080p or higher) and HDR content. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. ASLFLIX™ makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching ASLFLIX™ content show will vary based on a number of factors, including your location, available bandwidth at the time, the ASLFLIX™ content you have selected and the configuration of your ASLFLIX™ ready device.

3.7. ASLFLIX™ software may solely be used for authorized streaming and viewing of content from ASLFLIX™. 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 ASLFLIX™ and related third-party software. If you do not accept the foregoing terms, do not use our service.

 

4. Passwords and Account Access

 

4.1 The member who created the ASLFLIX™ account and whose Payment Method is charged (the "Account Owner") has access and control over the ASLFLIX™ account and the ASLFLIX™ ready devices that are used to access our service and is responsible for any activity that occurs through the ASLFLIX™ account. To maintain control over the account and prevent anyone from accessing the account (which could include information on viewing history for the account), the Account Owner should maintain control over by not revealing the password or details of the Payment Method associated to the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, ASLFLIX™ or our partners from identity theft or other fraudulent activity. ASLFLIX™ is not obligated to credit or discount a membership for holds placed on the account by either a representative of ASLFLIX™ or by the automated processes of ASLFLIX™.

 

5. Disclaimers of Warranties and Limitations on Liability

 

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

 

5.2. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL ASLFLIX™, 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.

 

5.3. 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.

 

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

 

6. Arbitration Agreement

 

6.1. If you are a ASLFLIX™ member in the United States (including its possessions and territories), you and ASLFLIX™ agree that any dispute, claim or controversy arising out of or relating in any way to the ASLFLIX™ 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 ASLFLIX™ 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 ASLFLIX™ membership.

 

7. Miscellaneous

 

7.1. Governing Law. These Terms of Use shall be governed by and construed in accordance with the laws of the state of Florida, 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.

 

7.2. Unsolicited Materials. ASLFLIX™ does not accept unsolicited materials or ideas for ASLFLIX™ content, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to ASLFLIX™. 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 ASLFLIX™ 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.

 

7.3. Feedback. ASLFLIX™ is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the ASLFLIX™ service, including the ASLFLIX™ website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the ASLFLIX™ service. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law.

 

7.4. Customer Support. To find more information about our service and its features, or if you need assistance with your account, please visit the ASLFLIX™ FAQ on our website. We will assist you via email and/or telephone-assisted relay service. In the event of any conflict between these Terms of Use and information provided by Customer Service or other portions of our website, these Terms of Use will control.

 

7.5. 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.

 

7.6. Changes to Terms of Use and Assignment. ASLFLIX™ may, from time to time, change these Terms of Use. Such revisions shall be effective immediately. 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 ASLFLIX™ service.

 

7.7. Communication Preferences. 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, for example via emails to your email address provided during registration. 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.

 

Privacy Statement

 

1. Description of Service

This privacy policy is intended to inform you about the information and data gathered by ASLFLIX™ (“us”, “we”) when you use this service, how we store your information, information we collect and to the degree your information may be used.

 

ASLFLIX™ takes your privacy seriously. We do not rent, sell or share your personal information with other parties.

 

We may update this Privacy Policy from time to time, you are a registered ASLFLIX™ user, we will attempt to inform you of any material changes by email. Otherwise, please check back frequently on the ASLFLIX™ website for the latest and most updated privacy policy posted here.

 

ASLFLIX™ provides you with the opportunity to review, remove and modify any personal information that you provided previously under the Data Protection Act 1998, please contact us directly by email to make changes to your personal information. You may also update your personal information by logging into your ASLFLIX™ account and updating your details by clicking your username at the top right of the page then clicking Settings.

 

2. Data Collection & Use

We only collect the personal data you choose to provide us during your registration process. As part of the registration process in order to use ASLFLIX™ services you need to provide us with your Full Name, Email Address and Billing information, including credit card data or PayPal information. You may elect to not provide any of the above info, but you will then not be able to use ASLFLIX™ services or certain features.

 

3. Analytics

We may collect and store certain information about your interaction with ASLFLIX™ website and services, including cookies, IP Addresses, browser type, device type, location, Internet service provider (ISP), entry and exit pages, operating systems, time/date stamps, and other related data. ASLFLIX™ uses this information, which does not identify individual users, only to improve the quality of our services and products as well as fraud prevention. If you choose to decline cookies via your browser, you will have some limitations in using ASLFLIX™ services.

 

4. Email Notices

When you register to use ASLFLIX™ services or by purchasing any products from ASLFLIX™ services, your email will automatically be listed in the ASLFLIX™ mailing list. You will receive welcome information, account information, and other marketing related information related to ASLFLIX™ services and the products you viewed and purchased. You may also receive periodic emails from us notifying you of new contents, features, products, titles and other related information for ASLFLIX™ services.

 

You may choose to opt out of receiving emails from ASLFLIX™, but if you choose to do so, you will not receive technical support requests, account updates and notifications, product updates, security updates or updates to the Terms of Services as well as updates to Privacy Policy of ASLFLIX™.

 

At any time if you forget your account information, you may log back onto ASLFLIX™ website and click forgot login on the login area screen, a password reset link will be emailed to you with further steps to reset your account info.

 

5. Security

We employ and protect all data with SSL encryption and other security measures to ensure you that your data is protected and safe. However please be advised that while we take extra measures to protect your data and integrity of your information, we cannot guarantee that our security measures will prevent unauthorized access from occurring. Please take the proper steps to maintain the security of your account information. We highly recommend that you set a tough-to-guess password for your registered account with ASLFLIX™ to ensure others from easily guessing your password.

 

6. Contact Us

If you have any questions or concerns about this policy or any ASLFLIX™ services products, services or features, please don’t hesitate to contact us at support@everydayasl.com.

 

Last updated: 1 January 2019