Terms of Service

Definitions.

The meanings of terms used in this Agreement are provided above, or, in the absence of definitions, shall have the ordinary meaning of such terms as understood in the United States.

Term.

This Agreement’s term starts on the Effective Date and runs as follows: The duration of the Agreement shall continue, unless terminated earlier in accordance with Section 13 herein, for Paid Subscriptions (as defined herein), in accordance with the type of subscription you have; (b) for all other access or use of the Services, the Agreement shall continue until terminated earlier in accordance with Section 13 herein.

1. Free Trial.

   There are some parts of the Services and Content that require a paid subscription. You must either elect (a “Subscription Election”) to acquire a Monthly Paid Subscription (as defined herein) or an Annual Paid Subscription (as defined herein) (collectively, the “Paid Subscriptions”) in order to access certain areas of the Services. All Fees are non-refundable once they are paid to Apollo Group TV, unless otherwise stipulated by relevant law (including in the event that this Agreement is terminated or suspended). Under some circumstances, you could be given the option to automatically receive a free trial subscription to the Services (“Trial Subscription”) when you choose to receive a Paid Subscription. You are not required to pay Fees (as defined below) in order to access the Services during the Trial Subscription period. When you choose to receive a Paid Subscription, the Trial Subscription period will start. It will automatically renew to the paid subscription rates for monthly or annual subscription at the end of the specified period following your Subscription Election (“Trial Period”).Unless you terminate or modify it in compliance with these Terms of Service prior to the Trial Period’s end (as described in the “Trial Termination Notice”). Before the Trial Subscription period expires, you have the option to cancel online at www.ApollotvGroup.co/account at any time, or you can call Apollo Group TV at (when available) chat or phone support and ask for the account to be canceled. We do not accept cancellation requests through email, social media, Contact Us, postal, app reviews, etc.. Your access to the Services may be canceled at that time, or at any moment between the date of your Trial Termination Notice and the Trial Period’s expiration, if you give Apollo Group TV your notice of trial termination before it ends. Prior to the Trial Period ending, if you notify Apollo Group TV that you would like a different Paid Subscription to the Services, your access to Apollo Group TV will immediately convert to that Paid Subscription at that time or upon the Trial Period’s expiration. One Trial Subscription per person is permitted. Without restriction, You will be in substantial breach of this Agreement if You seek to get more than one Trial Subscription, for example, by opening multiple accounts.

2. Monthly Subscription.

   You have the option to sign up for a prepaid monthly membership (“Monthly Paid Subscription”) to access the Services. Prepaid monthly subscriptions will automatically renew for a further one-month period unless you cancel before the then-current monthly subscription term expires. You can cancel online at any time by visiting www.Apollo Group TV/account, or you can call or chat with Apollo Group TV’s customer support representatives to request that the account be cancelled. We do not accept cancellation requests through email, social media, mail, Contact Us, app reviews, etc. When you cancel your subscription, it will remain active until the end of the current payment cycle, in compliance with these Terms of Service, since charges are prepaid each billing period.

3. Annual Subscription.

   You can also choose to acquire an annual prepaid membership to the Services (“Annual Paid Subscription”), if that option is available. Annual prepaid subscriptions will automatically renew for a further one-year period unless you decide to cancel before the then-current annual subscription term expires. You can cancel online at any time by visiting www.Apollo Group TV/account, or you can call or chat with Apollo Group TV’s customer support representatives to request that the account be cancelled. We do not accept cancellation requests through email, social media, mail, Contact Us, app reviews, etc. When you cancel your subscription, it will remain active until the end of the current payment cycle, in compliance with these Terms of Service, since charges are prepaid each billing period.

4. Packages of Subscription.

   Depending on what extra promotional terms are offered when you first access or use such subscriptions, Apollo Group TV may provide a variety of subscription packages, including special promotional packages. It is possible for third parties to offer promotional packages in addition to their own goods and services. Apollo Group TV disclaims any liability for goods and services offered by these outside parties. The offered subscriptions, as well as the contents of the packages and levels thereof, are subject to change, cancellation, or other modifications at the sole discretion of Apollo Group TV.

5. Minimum Requirements.

   Apollo Group TV maintains the right, at any time and in its sole and absolute discretion, to impose and/or modify minimum programming package requirements. For instance, in order to watch specific content or gain access to buy more levels or packages of a subscription, Apollo Group TV may impose a minimum commitment period or force you to subscribe to a minimum level or package of a subscription. Some packages may need you to sign up for a subscription for a predetermined period of time (such as a year) before you may purchase them.

6. Promotional Offers.

   An initial promotional offer for a particular subscription package that subsequently becomes unavailable might be accepted. Unless and until they are cancelled or modified by you or Apollo Group TV, in accordance with this Agreement, promotional offers do not automatically renew and may not be available at the end of, or during, the applicable promotional period. After any such promotion ends, the subscription will automatically renew on a month-to-month or annual basis at the then-current standard rates for monthly or annual access to the same subscription.

7. Only One Promotion per Account Owner.

   Unless specifically allowed in the relevant Promotional Terms, promotional offers cannot be bundled with other promotional offers linked to any account you hold. In accordance with the relevant Promotional Terms, Apollo Group TV retains the right, in its sole and absolute discretion, to decide whether you qualify for any promotional offer. Apollo Group TV retains the right, at any time and in its sole and absolute discretion, to modify, amend, and alter then-current promotional offers or Promotional Terms as well as to initiate new promotional offers. Apollo Group TV makes no guarantees regarding the availability of any promotional offers to you or in relation to any subscriptions you may wish to purchase.

Third Party Billing.

You might need to get in touch with the third party to manage or cancel your subscription if you registered or signed up for a Paid Subscription or Trial Subscription of Apollo Group TV Services through them (like Apple, Roku, etc.); you might not be able to cancel that third-party subscription through Apollo Group TV.

Modifications.

Apollo Group TV maintains the right to change the Platform’s operation at any time, as well as any part of the Services or Content. Additionally, Apollo Group TV has the right to change the terms of this Agreement at any moment. When there are modifications to this Agreement or to the way the Platform, Content, or Services work, Apollo Group TV will let You know by posting the changes on the Platform and sending you notification via the Platform. Unless otherwise specified in the notification, any changes will take effect 30 days after the notice is sent, with the exception of any changes that must be made for Apollo Group TV or the Platform to comply with any applicable laws or requirements that a licensor or supplier may impose on the company; in those cases, the changes will take effect right away. In the event that you disagree with any of the changes, you may terminate this Agreement as described below. However, by using the Platform, Content, or Services after such notice period, You will be considered to have accepted any and all revisions.

Eligibility.

Users who are at least eighteen years old are the intended audience for the Platform, all Content, and all Services. By signing this, you attest that you are older than eighteen. You consent to not accessing or using the Platform, any Content, or Services if You are not at least eighteen years old. You guarantee that no person under the age of eighteen may access or use the Platform, regardless of whether You are that person’s parent or legal guardian.

Accounts.

1. Content Access Through Accounts.
   You might be able to use the Platform to access specific Content and other Services without creating an account (a “Account”), provided that you abide by the terms of this Agreement. Nonetheless, creating an account and registering as a user of the platform are usually prerequisites for access to the platform. Apollo Group TV will have the sole authority to approve Your request to create and maintain any Account.

2. Administrator Accounts.

   Your account, together with your user name and password (sometimes referred to as your “Account ID”), are private. Your User Account ID may only be used by You, and Your Account is for Your personal use only. It is prohibited for you to give a third party access to your account or account ID, or to distribute or transfer your account or account ID. All usage of the Platform, including all Content and Services accessed through Your Account, is entirely at your own risk. You agree to keep Your Account ID private and secure. You also agree to tell Apollo Group TV right away if Your Account ID is misplaced, stolen, or compromised in any other way. Any transactions conducted through Your Account or under User Account ID will be regarded to have been lawfully completed by You. You are entirely liable for all obligations and losses incurred through the use of Your Account or under Your Account ID, whether legal or unlawful.

3. Account Information.

   You will be required to provide certain information about yourself (“Account Information”) in order to create Your Account. You pledge that: (a) all account information you submit will be true, full, and up to date; and (b) you will maintain and update your account information as soon as possible to ensure that it is true, full, and up to date. You are not permitted to: (i) choose or use someone else’s Account ID with the intention of impersonating them; or (ii) use an Account ID that Apollo Group TV, in its sole discretion, finds offensive. You alone are in charge of verifying that Your Account is configured and set up correctly in every way, as well as making any additions or modifications to it via this Agreement.

Access.

1. To the Platform.
   You can access the Platform by using web services, mobile, online, and other applications and video players that Apollo Group TV provides and operates for accessing the Platform (each, a “Application”), and by using the Apollo Group TV website and any other websites Apollo Group TV may provide or operate for accessing the Platform (collectively, a “Site”). For the purposes of this Agreement, each Site and Application is included in the Platform. Apollo Group TV grants You permission to access and use the Platform only for your own personal, lawful, non-commercial uses and in line with this Agreement, subject to Your compliance with its conditions.

2. To Applications.

   Apollo Group TV grants You permission to download and install Applications and use those Applications only for the purpose of accessing and using the Platform for your own legal, personal, non-commercial use, subject to Your compliance with this Agreement and all applicable terms and conditions, including but not limited to the restrictions in this Section 7. Each Application may only be installed on devices or equipment that You own or control, and You may only use it for personal, non-commercial use in compliance with this Agreement, any applicable terms and conditions that may accompany that Application, and any other information that Apollo Group TV may provide to You. You are not given any licenses or other rights in or to any Application, other than those expressly provided in this Section.

3. To Content.

   You will be able to access a wide range of Content through the Platform, such as text, images, audio, video, pictures, drawings, and graphics, among other types of data, information, and content. All Content made accessible through the Platform (collectively, “Platform Content”) is owned by Apollo Group TV and its third-party licensors and providers, unless otherwise indicated on the Platform. You are the only one who can confirm the correctness, completeness, and applicability of all Platform Content and for Your use of any Platform Content. All Platform Content is only offered for entertainment reasons.You may access the Platform Content only for Your own legitimate, personal, non-commercial uses in connection with Your use of the Platform, subject to Your compliance with this Agreement. You promise not to do the following: (a) distribute, sell, resell, lend, lease, license, sublicense, or transfer any Platform Content; (b) alter, obscure, or remove any copyright, trademark, or other notices that are provided on or in connection with any Platform Content; or (c) allow any third party to do any of the following.Apollo Group TV has not confirmed the authenticity of any Platform Content and disclaims all liability for any mistakes or omissions in it. Not to be limited by the above, Apollo Group TV disclaims all liability under the Communications Decency Act, or CDA, 47 U.S.C. Section 230, to You or any other third party for any Content, including Your Content (as defined below). You do not acquire any licenses or other rights in or to any Platform Content, or any Intellectual Property Rights (as defined below) therein or associated thereto, other than as expressly provided in this Agreement. Please email Apollo Group TV at support@apollotvgroup.co if You would like to use any Platform Content in a way that is not allowed by this Agreement.

4. To Other Users.

   The Platform may allow you to connect and otherwise communicate with other Users of the Platform, both individually through messages to Users and generally through communications to multiple Users on boards, chats, comments, and other forums. By connecting or communicating with other Users, You are agreeing to allow those Users to communicate directly with You through the Platform. You agree that You are solely responsible for all communications between You and any other User through the Platform, including communications You make available to multiple Users through the Platform. Your decision to communicate with any other User through the Platform will serve as Your permission for Apollo Group TV to provide that other User with any of Your User Information or Your Content that You include in that communication. You agree that Your communications through the Platform will not: (a) violate this Agreement, including, without limitation, the Privacy Policy; (b) violate any applicable international, federal, state, and local treaties, laws, rules, regulations, and ordinances (“Laws”), including, without limitation, any rules of professional conduct or of licensing bodies; (c) be libelous, defamatory, obscene, abusive, pornographic, threatening, or an invasion of privacy; (d) constitute an infringement, misappropriation or violation of the IPR (as defined below) or other rights of any third party; (e) be illegal in any way or advocate illegal activity; (f) be false, misleading or inaccurate; (g) be considered junk mail, spam, a part of a pyramid scheme, a disruptive commercial message or disruptive advertisement; (h) cause the publication or release of any material non-public data or information or (i) constitute the unauthorized practice of medicine, therapy, law or other professional service.

5. Equipment and Connectivity.

   You are solely responsible for obtaining and maintaining all equipment, mobile devices, facilities, and internet connectivity required to access or use the Platform, Services, Applications and Platform Content provided through them. In order to access and use Apollo Group TV’s Platform, Services, Applications and Platform Content, you must have a broadband, wireless or similar internet connection, and you will need to obtain such internet connection (including sufficient levels and required equipment related thereto) from a third-party internet or similar wireless service provider at your sole cost and expense (“Internet Connectivity”). Apollo Group TV makes no representations or warranties about the speed or quality of your watching experience on your or any device, as that will depend on factors outside of Apollo Group TV’s control, such as your location, your Internet Connectivity, the available bandwidth at the time of your request, the format of our Content you are attempting to access, the device(s) you use to access the Platform and Services. Apollo Group TV also reserves the right change the format of the Platform Content based on the specifications of your Internet Connectivity (e.g., if your Internet Connection or device do not meet our required standards for accessing and viewing high-definition (“HD”) content, then any HD content accessed by you may be automatically re-formatted by us in an attempt to improve your experience).

6. Devices.

   You must only use devices permitted (“Permitted Devices”) for use with the Platform, Applications, Services and Platform Content. For a current list of such devices please visit and review the devices listed at: www.Apollo Group TV/apps. You can access the Platform and Platform Content through different Permitted Devices, provided that you will only be to access the Platform and Platform Content through your account on one Permitted Device at a given time. We are not responsible for any issues relating to your device, its operating system or connectivity.

7. Bitrate Streaming.

   The Platform may use adaptive bitrate streaming (“ABS”), which creates multiple versions of each program, recorded at different bitrates, to optimize playback of the applicable audiovisual content at any given time based upon the capabilities of the applicable playback device and available internet bandwidth. If you choose to use the Cloud DVR, you are directing that playback be provided using ABS.

8. Other Restrictions.

   You may not use the Services to, or assist or encourage any other party to, engage in any of the following activities: (a) copying, framing or mirroring any part of the Services; Accessing the Service for purposes of monitoring its availability, performance or functionality; (b) permitting any third party to access the Services; (c) using, copying, modifying, creating a derivative work of, reverse engineering, decompiling or otherwise attempting to extract the source code of the software underlying the Services or any part thereof, unless expressly permitted or required by law, and in any case, without providing prior written notice to Apollo Group TV; (d) publishing, transmitting, distributing or storing content, material, information or data that: (i) is illegal, obscene, defamatory, threatening, harassing, abusive, or hateful or that advocates violence; (ii) is harmful to or interferes with the Services or any third party’s networks, equipment, applications, services or websites (e.g., viruses, worms, Trojan horses, etc.); (iii) infringes, dilutes, misappropriates or otherwise violates any privacy, intellectual property, publicity or other personal rights including, without limitation, copyrights, patents, trademarks, trade secrets or other proprietary information (including unauthorized use of domain names); or (iv) is fraudulent or contains false, deceptive or misleading statements, claims or representations (such as “phishing”); (e) attempting to disrupt, degrade, impair or violate the integrity or security of the Services or the computers, services, Accounts or networks of any other party (including, without limitation, “hacking,” “denial of service” attacks, etc.), including any activity that typically precedes attempts to breach security such as scanning, probing or other testing or vulnerability assessment activity, or engaging in or permitting any network or hosting activity that results in the blacklisting or other blockage of Apollo Group TV internet protocol space; (f) avoiding payment of incurring charges or fees payable by you with respect to the Services; (g) distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (h) using any automated system, including, without limitation, “robots,” “spiders,” “offline readers,” etc., to access the Services in a manner that sends more request messages to Apollo Group TV than a human can reasonably produce in the same period of time by using a conventional web browser ; (i) taking any action that imposes, or may impose, at our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (j) collecting or harvesting any personally identifiable information, including Account names and information about users of the Services, from the Services; (k) using the Services for any commercial solicitation purposes; (l) accessing any Content on the Services through any technology or means other than those provided or authorized by the Services; (m) bypassing the measures we may use to prevent or restrict access to the Services, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein; (o) violating any applicable law, statute, ordinance or regulation, or encouraging any conduct that could constitute a criminal offense or give rise to civil liability; (p) removing any copyright, trademark or other proprietary rights notices contained in or on the Services; (q) executing any form of network monitoring or running a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Service’s servers or any data not intended for you; or (r) rebroadcast, retransmit or otherwise publicly perform, transmit or distribute any portion of the Services (including the trademarks of any content providers) or any account of any Content provided to You in accordance therewith.

Your Content.

You are solely responsible for all Content that You may provide or upload to the Platform or otherwise generate through Your use of or access to the Platform (“ Your Content”). Any feedback, suggestions or recommendations about the Services that you provide to Apollo Group TV will be considered “Your Content”. As between You and Apollo Group TV, You retain ownership of Your Content. However, You grant Apollo Group TV a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable (including, without limitation, to Users and other third parties) right to use, copy, store, reproduce, modify, display, adapt, publish, translate, create derivative works from, distribute, and display (“Use”) Your Content throughout the world in any form, media, software or technology of any kind. You represent and warrant that none of Your Content or the use of Your Content by Apollo Group TV: (1) violates this Agreement or any requirements under applicable Laws; (2) is libelous, defamatory, obscene, abusive, pornographic, threatening, or an invasion of privacy; (3) constitutes an infringement, misappropriation or violation of the IPR or other rights of any third party; (4) is illegal in any way or advocates illegal activity; (5) is an advertisement or solicitation of funds, goods, or services (unless You have entered into a separate Advertiser Agreement with Apollo Group TV); (6) is false, misleading or inaccurate; (7) is or could be considered junk mail, spam, a part of a pyramid scheme, a disruptive commercial message or disruptive advertisement; or (8) violates the Privacy Policy or any other applicable policy of Apollo Group TV. Apollo Group TV is not responsible or liable for any deletion, correction, destruction, damage, loss or failure to store, restore or back-up any of Your Content. You agree that You have all right, title, interest and consent in Your Content necessary to allow Apollo Group TV to Use Your Content as set forth in the rights and licenses You grant to Apollo Group TV under this Agreement.

Third-Party Content and Services.

In addition to the terms of this Agreement, Your access to of certain Content and Services developed, provided or maintained by Apollo Group TV’s third party providers (“ Third Party Content and Services”) may require You to agree to the terms of an additional agreement with that third party provider before being given access to the Third Party Content and Services (each, a “Third Party Content and Services Agreement”). The terms of any Third Party Content and Services Agreement (which may include payment of additional fees) will apply to the applicable Third Party Content and Services provided under that Third Party Content and Services Agreement in addition to the terms of this Agreement but will not apply to any other Content or Services You may access through the Platform. Except as set forth in this Agreement, the terms of any Third Party Content and Services Agreement will control in the event of a conflict between the terms of this Agreement and that Third Party Content and Services Agreement. Apollo Group TV TAKES NO RESPONSIBILITY FOR ANY THIRD PARTY CONTENT OR SERVICE AND YOUR ACCESS TO AND USE OF ANY THIRD PARTY CONTENT OR SERVICE IS SOLELY AS SPECIFIED IN EACH APPLICABLE THIRD PARTY CONTENT AND SERVICES AGREEMENT.

Data Privacy.

1. Your Information.
   You expressly consent to the use and disclosure of your personally identifiable information and any other information or data resulting from Your access to and use of the Platform or any Services or Content as described in the Privacy Policy for the Platform available at legal.Apollo Group TV/policies/en-US/?name=privacy-policy (“Privacy Policy”) at the time You provide such information or data to Apollo Group TV. Notwithstanding anything in the Privacy Policy, Apollo Group TV will have the right to collect and use non-personally identifiable information or data (information or data that does not identify an entity or natural person as the source thereof) resulting from or relating to Your access to and use of the Platform or any Services or Content. To the extent any such non-personally identifiable data or information is collected or generated by Apollo Group TV, that data and information will be owned by Apollo Group TV and may be used by Apollo Group TV for any lawful business purpose without any further duty or obligation to You.

2. Other User’s Information.

   The Platform will provide You with access to data and other information provided by other Users of the Platform and other third parties (“ User Information”). The User Information may contain sensitive personal information regarding those Users and other third parties. You agree that You will only collect, use and disclose User Information in strict accordance with this Agreement and the current Privacy Policy for the Platform. Except as expressly provided in this Agreement and the Privacy Policy, You are granted no licenses or rights in or to any User Information.

Fees.

You agree to pay Apollo Group TV all fees applicable to Your Paid Subscription to the Platform and the Content and Services (“Fees”), as set forth here www.Apollo Group TV/welcome/channels and to pay each applicable third party any other applicable amounts due or payable under the terms of any Third Party Content and Services Agreement. Fees for Monthly Paid Subscriptions are due and payable on a monthly basis in advance, with your first payment due and payable on the first day of your subscription, following the Trial Period; each monthly payment thereafter will be made on the same day as the first month if that day is contained with the billing month; if such day is not contained within the billing month, then the payment will be made on either the 28 th or the 30 th of the applicable billing month in the discretion of Apollo Group TV Fees for Annual Paid Subscriptions are due and payable on an annual basis in advance, with your first payment due and payable on the first day of Your subscription, following the Trial Period; ; each annual payment thereafter will be made on the same day as the first annual payment if that day is contained with the billing month; if such date is not contained within the billing month, then the payment will be made on either the 28th or the 30th of that billing month in the discretion of Apollo Group TV. All other Fees will be due and payable as indicated through the Platform. If You have specified credit card, debit card, online payment account, mobile services account, or other payment method as an applicable payment mechanism under this Agreement, You grant Apollo Group TV the right to charge the applicable payment account You provided to Apollo Group TV for all Fees incurred under this Agreement. When You register a credit or debit card for a new account, You authorize Apollo Group TV to place a pending charge to Your credit or debit card to verify Your billing address and the validity of Your credit or debit card; such pending charges are temporary and will not be converted into an actual charge to You. Pending charges, while pending, will, however, reduce the available amount of credit on Your credit card or funds available to Your debit card. You are solely responsible for any and all fees charged to Your credit or debit card by the issuer, bank, or financial institution, including fees for any overdraft or other insufficient funds, or for exceeding any applicable credit limit. Once Your account is authenticated, the credit or debit card that You registered with Your account will be charged for each transaction without having to reenter Your credit or debit card information. FOR THE AVOIDANCE OF DOUBT, Except as prohibited under applicable law, all Fees will be non-refundable once paid to Apollo Group TV (including upon any termination or suspension of this Agreement). Until paid in full, all past due amounts will bear an additional charge of the lesser of 1½% per month or the maximum amount permitted under applicable law. If Apollo Group TV requires use of collection agencies, attorneys, or courts of law for collection of Your account, You will be responsible for those expenses. You will be responsible for any and all use, sales, and other taxes imposed on the Services provided under this Agreement.

Pricing Changes.

Apollo Group TV reserves the right to adjust pricing for our Services in any manner and at any time as we may determine in our sole and absolute discretion. We will post a notice of any changed prices within support.Apollo Group TV and if you have an Account, we will send an email to the email address in your Account regarding the price change. Except as otherwise expressly provided for in this Agreement, any price changes to Your subscription will take effect at the beginning of the next subscription period following notice to You. If you do not agree to the price change, your sole recourse is to termination your subscription prior to the end of the then current subscription period.

Termination and Effect.

1. Termination.
   This Agreement may be terminated by Apollo Group TV, at any time, in Apollo Group TV’s sole discretion: (a) immediately upon any breach by You of this Agreement, including a failure to pay any required Fees, with or without notice to You of such breach; or (b) at any time during any Trial Subscription, for any reason or no reason, upon notice to You. You may terminate this Agreement at any time upon notice to Apollo Group TV or by deleting Your Account as may be permitted through the Platform.

2. Effect.
   Termination of this Agreement will terminate all of Your Accounts on the Platform (whether a Trial Subscription, Monthly Paid Subscription or Annual Paid Subscription). Upon termination or expiration of this Agreement for any reason: (a) Apollo Group TV may terminate all access to or use of Your Accounts; (b) all rights and subscriptions granted to You under this Agreement will terminate; (c) You will immediately cease all use of and access to the Platform and all Content and Services; (d) You will immediately delete any Applications You have downloaded or installed prior to termination; (e) all Fees then owed by You (including, for Annual Paid Subscriptions, any Fees applicable to the remaining subscription term) will become immediately due and payable; and (f) You will immediately either return to Apollo Group TV or, at Apollo Group TV’s discretion, destroy any Content of Apollo Group TV and any other information related to this Agreement in Your possession or control.

Suspension.

Without limiting Apollo Group TV’s right to terminate this Agreement, Apollo Group TV may also suspend, disconnect, limit or terminate Your access to Your Account and the Platform and any Content or Services (including Your Content), with or without notice to You, upon any actual, threatened or suspected breach of this Agreement (including, for the avoidance of doubt, non-payment of Fees or a violation of Section 7(h)) or applicable Law or upon any other conduct deemed by Apollo Group TV, in its sole discretion, to be inappropriate or detrimental to the Platform, Apollo Group TV, or any other User or third party.

Restarting Services.

If Your Account is disconnected for non-payment, or for any other reason whatsoever, then Apollo Group TV may require that You pay, and You agree to pay, any amount due (regardless of how long outstanding, and including all past due charges and all outstanding balances accrued through the date of such disconnection) before Apollo Group TV reconnects Your access to the Platform and Services. Apollo Group TV is not obligated to reconnect Your access to any of the Services. If Your Services are disconnected for non-payment, or for any other reason whatsoever, then You may no longer be eligible, even if You pay to restart Your subscription, to receive any remaining credits or promotional pricing that You would have been eligible to receive had Your subscription, or any of our other Services, not been disconnected, suspended, limited, or terminated.

Platform Technology.

The Platform, and the databases, software, hardware and other technology used by or on behalf of Apollo Group TV to operate the Platform, and the structure, organization, and underlying data, information and software code thereof (collectively, the “Technology”), are the property of and constitute valuable trade secrets of Apollo Group TV. Apollo Group TV retains all right, title and interest, including, without limitation, all IPR (as defined below), in and to the Technology and any additions, improvements, updates and modifications thereto. You receive no ownership interest in or to the Technology and You are not granted any right or license to use the Technology itself, apart from Your ability to access the Platform, under this Agreement. The Apollo Group TV name, logo and all names and logos associated with any Content or Services appearing on the Platform are trademarks of Apollo Group TV and its providers and You are granted no right or license to use them. For purposes of this Agreement, “IPR” means all intellectual property rights, proprietary rights, rights of publicity, rights of privacy, and any and all other legal rights protecting data, information or intangible property throughout the world, including, without limitation, any and all copyrights, trademarks, service marks, trade secrets, patent rights, moral rights, sui generis rights in databases, and contract rights.

Representations and Warranties.

You represent and warrant to Apollo Group TV that: (a) You have the legal right and authority to enter into this Agreement; (b) this Agreement forms a binding legal obligation on Your behalf; and (c) You have the legal right and authority to perform Your obligations under this Agreement and to grant the rights and licenses described in this Agreement.

Disclaimers.

No Endorsement. All Content made available to You through the Platform is for ENTERTAINMENT purposes only. Neither Apollo Group TV nor any LICENSOR OR PROVIDER OF Apollo Group TV recommends or endorses any content or any specific products, SERVICES, procedures, opinions or RECOMMENDATIONS that may be included on the Platform OR IN ANY CONTENT. Your reliance on any Content appearing on the Platform is solely at your own risk.

No Additional Warranties. THE PLATFORM AND ALL CONTENT and SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” Apollo Group TV and its providers do not warrant or guarantee the accuracy, completeness, adequacy or currency of THE PLATFORM OR any Content or services and do not endorse the views or opinions that may be expressed in the PLATFORM Content or other data, information OR CONTENT THAT MAY BE provided through the PLATFORM. Apollo Group TV AND ITS providers EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO the PLATFORM, CONTENT, SERVICES and other SUBJECT MATTER OF THIS AGREEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, title or non-infringement. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Apollo Group TV, ITS EMPLOYEES, PROVIDERS OR AGENTS WILL INCREASE THE SCOPE OF, OR CREATE ANY NEW WARRANTIES IN ADDITION TO, THE WARRANTIES expressly SET FORTH IN THIS SECTION.

Indemnity.

You hereby agree to indemnify, defend, and hold harmless Apollo Group TV and its officers, directors, shareholders, affiliates, employees, agents, contractors, assigns, Users, customers, providers, licensors, and successors in interest (“Indemnified Parties”) from any and against all claims, losses, liabilities, damages, fees, expenses and costs (including attorneys’ fees, court costs, damage awards, and settlement amounts) that result from any claim or allegation against any Indemnified Party arising in any manner from: (1) Your access to or use of the Platform or any Content or Services; (2) Your Content or any access to or use thereof; (4) any access to or use of Your Content by any other Users; (5) Your collection, use, or disclosure of any User Information, and (6) Your breach of any provision of this Agreement, including any representation or warranty. Apollo Group TV will provide You with notice of any such claim or allegation, and Apollo Group TV will have the right to participate in the defense of any such claim at its expense.

Limitation on Liability.

Apollo Group TV will not BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), ARISING IN CONNECTION WITH THIS AGREEMENT OR OUT OF THE USE OF THE PLATFORM OR ANY CONTENT OR SERVICES, EVEN IF Apollo Group TV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF CONTENT, OPPORTUNITY, REVENUES, PROFITS OR REPUTATION, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE CONTENT, GOODS, OR SERVICES. Apollo Group TV’s TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT, THE PLATFORM, AND all CONTENT AND SERVICES provided under this agreement OR THROUGH THE PLATFORM, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED ANY amounts paid by you to Apollo Group TV in the 12 month period preceding the events giving rise to any liability. You agree THAT Apollo Group TV WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. IN JURISDICTIONS WHERE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, Apollo Group TV’s LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Claims of Infringement.

Apollo Group TV respects Your copyrights and other intellectual property rights and those of other third parties. If You believe in good faith that Your copyrighted work has been reproduced on the Platform without Your authorization in a way that constitutes copyright infringement, You may notify our designated copyright agent by mail to:

Apollo Group TV, Inc.
Attn: Copyright Infringement Agent
legal@apollotvgroup.co

Please provide the following information to Apollo Group TV’s Copyright Infringement Agent: (1) the identity of the infringed work, and of the allegedly infringing work; (2) Your name, address, daytime phone number, and email address, if available; (3) a statement that You have a good-faith belief that the use of the copyrighted work is not authorized by the owner, his or her agent, or the law; (4) 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; and (5) Your electronic or physical signature. Please be advised that Apollo Group TV will not respond to complaints that do not meet these requirements. If Apollo Group TV determines that the materials alleged to infringe your copyright or trademark rights do not require removal, Apollo Group TV will remove those materials only pursuant to a court order declaring the content or use of the materials unlawful.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. Counter-notices must include the following information: (a) your name, address, and telephone number; (b) the source of the content that was removed; (c) a statement under penalty of perjury that you have a good-faith belief that the content was removed in error; (d) a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located; or, if your address is outside of the United States, for any judicial district in which Apollo Group TV may be found, and that you will accept service of process from the person who provided the original complaint; and (e) a physical or electronic signature (for example, typing your full name).

Notices and counter-notices with respect to the Services must meet the then-current statutory requirements imposed by the Digital Millennium Copyright Act (“DMCA”) (see http://copyright.gov/title17/92appb.html) and should be sent to the agent identified above. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

Disputes.

Except as otherwise provided below, the parties will attempt to resolve all disputes, controversies, or claims arising under, out of, or relating to this Agreement, including the formation, validity, binding effect, interpretation, performance, breach or termination, of this Agreement and the arbitrability of the issues submitted to arbitration hereunder and non-contractual claims relating to this Agreement (each, a “Dispute”), in accordance with the procedures set forth in this Section. If any Dispute cannot be resolved through negotiations between the parties within 5 days of notice from one party to the other of the Dispute, such Dispute will be finally settled through binding arbitration under the arbitration rules of the JAMS (“JAMS”) then in effect (the “Rules”). Either party may commence the arbitration by delivering a request for arbitration as specified in the Rules. The arbitration will be conducted before a sole neutral arbitrator selected by agreement of the parties. If the parties cannot agree on the appointment of a single arbitrator within 30 days (the “Initial Period”) after either party to this Agreement delivers a request for arbitration, a neutral arbitrator will be selected as provided in the Rules. The arbitration will be conducted exclusively in the English language at a site specified by Apollo Group TV in New York, NY, U.S.A. The award of the arbitrator will be the exclusive remedy of the parties for all claims, counterclaims, issues or accountings presented or plead to the arbitrator. The award of the arbitrators will require payment of the costs, fees and expenses incurred by the prevailing party in any such arbitration by the non-prevailing party. Judgment upon the award may be entered in any court or governmental body having jurisdiction thereof. Any additional costs, fees or expenses incurred in enforcing the award may be charged against the party that resists its enforcement.

Governing Law and Venue.

Subject to Section 21, The interpretation of the rights and obligations of the parties under this Agreement, including, to the extent applicable, any negotiations, arbitrations or other proceedings hereunder, will be governed in all respects exclusively by the laws of the State of New York U.S.A. as such laws apply to contracts between New York residents performed entirely within the State of New York without regard to the conflict of laws provisions thereof. Subject to Section 21 (Disputes), each party will bring any action or proceeding arising from or relating to this Agreement exclusively in a federal or state court located in New York, NY U.S.A. and You irrevocably submit to the personal jurisdiction and venue of any such courts in any such action or proceeding brought in such courts by Apollo Group TV.

Notices.

Notices needed or permitted under this Agreement may be sent by postal mail to Apollo Group TV at the address provided on the Platform, unless otherwise stipulated in this Agreement. Any notice that is required or permitted by this Agreement may be sent to You by email at any address that you provide to Apollo Group TV in connection with Your Account; however, Apollo Group TV may instead post any notice that applies to both You and other Users of the Platform by posting it on the Platform. Notifications sent to Apollo Group TV will be considered received as soon as Apollo Group TV receives them. If You get notice via email, it will be considered sent 24 hours after it is posted on the Platform, unless the sender of the email is informed that the email address is invalid.

Linked Sites.

Links to content or websites owned by parties other than Apollo Group TV may be found on the Platform. Apollo Group TV disclaims all liability for any content on linked third-party sites or content that you access using the Platform. You do so at your own risk. You are allowed to create a link to the Site, so long as the link does not indicate that Apollo Group TV or any of its connected entities are endorsing or sponsoring Your site. No marks appearing on the Platform or Platform Content may be used on Your Site in order to create the link. Without permission in writing, you are not permitted to frame or otherwise incorporate any of the Platform’s content or other resources into another website.

Additional Terms.

This Agreement, which supersedes any oral or written proposal, agreement, or other communication between the parties regarding Your access to and use of the Platform and all Content and Services, will exclusively govern Your access to and use of the Platform, including all Content and Services, unless otherwise amended as provided herein. It is the complete and exclusive understanding and agreement between the parties. This Agreement may not be changed unless both parties agree in writing, unless otherwise specified in this agreement. Under this Agreement, Apollo Group TV may waive any of its rights, and such waivers shall be recognized in writing by Apollo Group TV. Apollo Group TV shall not be deemed to have waived any provision of this Agreement or any other provision at any time by virtue of Apollo Group TV’s waiver or failure to enforce any provision on one occasion. The remaining provisions of this Agreement will remain in full force and effect if any provision is found to be unenforceable. Any provision that is removed in order to comply with applicable law will be replaced with a provision that, to the extent permitted by applicable law, most closely approximates the original intent and economic effect of the original. In any litigation or procedure resulting from or connected to this Agreement, the winning party shall be entitled to reimbursement for its expenses, expert witness fees, and reasonable legal fees, including costs and fees on appeal. Without Apollo Group TV’s prior written consent, neither this Agreement nor any of Your rights or obligations under it may be assigned or transferred, in whole or in part, whether by sale, merger, consolidation, or other legal action. Any assignment that deviates from the aforementioned terms will be considered void. Any person that takes on Apollo Group TV’s obligations under this agreement may be assigned this Agreement by Apollo Group TV. The parties to this agreement are independent parties, not the other’s agents, employees, employers, or joint venture partners, and none of them gains any authority or capacity to bind the other or undertake any obligations on its behalf. Any use of the term “including” in this context should mean “including, without limitation.” You undertake to give Apollo Group TV, upon reasonable request, any paperwork or records pertaining to Your activities under this Agreement so that Apollo Group TV may confirm Your compliance with all applicable laws and the conditions of this Agreement. The following Sections remain in effect in the event that this Agreement expires or is terminated: 1-6, 7(d), 7(e), 8–12, 123(b), 14–19, and 21–25.