Terms and Conditions
Welcome to MYOMEGATV It is our pleasure to provide the Benefits described below for your personal enjoyment and entertainment in accordance with these Terms of Use (“Terms”). Please take a moment to carefully read through these Terms.
As a preliminary matter, we wanted to highlight a topic that you will read more about later. At MY OMEGA TV we expect that our world-class customer Benefit team, which can be contacted through our Help Center, will be able to resolve any issues you may have as you enjoy our Benefits. In the unlikely event that an issue between us remains unresolved, please note that THESE TERMS REQUIRE ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN JURY TRIALS OR CLASS ACTIONS. ALSO, THESE TERMS SET FORTH SPECIFIC REMEDIES AVAILABLE TO YOU. PLEASE SEE SECTIONS 11 AND 13 TO LEARN MORE.
Description of Benefit and Acceptance of Terms
MYOMEGATV (“MYOMEGATV ,” “we,” or “us”) provides an online video Benefit which gives Members the opportunity to select from various offerings of live and on-demand programming, including television shows, movies, clips, and other content (collectively, the “Content”). Our video Benefit, the Content, our player for viewing the Content (the “Video Player”) and any other products, features, tools, materials, or other Benefits (including third party branded Benefits) offered from time to time by MYOMEGATV through a variety of Access Points (defined below) are referred to collectively as the “Benefits.” The term “Access Points” refers to, collectively, the tvsite.com website (the MYOMEGATV ”), applications, and other places where any Benefits are available, including websites and applications of MYOMEGATV third party distribution partners and other websites where Members or website operators are permitted to embed or have otherwise licensed the Video Player.
Use of the Benefits (including access to the Content) is subject to compliance with these Terms, which incorporate by reference our Privacy Policy available at besttvstream.com/privacy (“Privacy Policy”) and any end Member license agreement that might accompany the applicable Benefit. Therefore, by accessing or using any of the Benefits through any Access Point (including by visiting the MYOMEGATV Site or by downloading or launching the MYOMEGATV application), you accept and agree to these Terms.
Please note that the website addresses (i.e., URLs) included within these Terms may not function as hyperlinks on all the Access Points. To view these Terms with clickable hyperlinks, please visit the MYOMEGATV Site on your computer.
Changes to These Terms
We may need to make changes to these Terms from time to time for many reasons. For example, we may need to reflect updates in how the Benefits work or changes in the law. You should look at these Terms regularly, which are posted on the MYOMEGATV Site at besttvstream.com/terms. In addition, you can access these Terms from MYOMEGATV applications. If we make a material change to these Terms, we will notify you by posting a notice on the MYOMEGATV Site. If you are a registered Member, we will also send an email to the email address you most recently provided to us prior to the material change taking effect. Therefore, it is important that you keep your account information, including email address, updated. Any material change to these Terms will be effective automatically 30 days after the revised Terms are first posted or, for Members who register or otherwise provide opt-in consent during this 30-day period, at the time of registration or consent, as applicable.
Access and Use of the Benefits
3.1 Age Limitations.
The Benefits are not intended to be used by children. If you are under the age of 18, you are not permitted to register with MYOMEGATV or provide your personal information to MYOMEGATV
3.2 Your License.
MYOMEGATV is pleased to grant you a non-exclusive limited license to use the Benefits, including accessing and viewing the Content on a streaming-only basis through the Video Player as set forth in these Terms. The periods during which you can view each piece of Content will vary based on the rights availability of such Content and the terms of your Membership.
3.3 Profiles.
MYOMEGATV offers the option to personalize use of the Benefits through the creation of one or more profiles under one account. Only the account holder, and those with permission from the account holder, may create a profile.
3.4 The Content.
Usage Rules and Limitations. You may only access and view the Content in compliance with these Terms. You may not either directly or through the use of any device, software, internet site, web-based Benefit, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms. You may not either directly or through the use of any device, software, internet site, web-based Benefit, or other means copy, record, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, or transmit or retransmit the Content unless expressly permitted by the terms of your Membership or otherwise by MYOMEGATV in writing. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by MYOMEGATV in writing. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by MYOMEGATV . You may not build a business utilizing the Content, whether or not for profit. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless expressly permitted by MYOMEGATV in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
Content Subjectivity.
Content tends to elicit varying reactions among different people. You may come across Content that you find offensive, indecent, explicit or objectionable. Also, Content types, genres, categories, and descriptions are provided as suggestions to help with navigation, and MYOMEGATV does not guarantee that you will agree with them. You acknowledge these risks.
Content Quality.
MYOMEGATV uses various technologies to provide you with an optimal viewing experience. That said, quality of Content, including resolution, may be affected by the format of the Content, your location, the speed and bandwidth of your internet Benefit, and the devices used, among other factors. HD and 4K Ultra HD availability for certain Content depends on your internet Benefit and device capabilities. The time it takes you to begin playing Content will vary based on a number of factors, including your location, internet bandwidth, the number of devices simultaneously connecting to the same network, the Content you have selected, and the configuration of the device you are using. As a result, MYOMEGATV is unable to make any warranties about the Content in these respects.
3.5 The Video Player.
You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of the Video Player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Video Player. This restriction includes, without limitation, disabling, reverse engineering, modifying, interfering with or otherwise circumventing the Video Player in any manner that enables Members to view the Content without: (i) displaying visibly both the Video Player and all surrounding elements (including the graphical Member interface, any advertising, copyright notices, and trademarks) of the Access Point where the Video Player is located; and (ii) having full access to all functionality of the Video Player, including, without limitation, all video quality and display functionality and all interactive, elective, or click-through advertising functionality. Where MYOMEGATV has incorporated an embed option in connection with Content on the Benefits, you may embed videos using the Video Player, provided you do not embed the Video Player on any website or other location that (i) contains or hosts content that is unlawful, infringing, pornographic, obscene, defamatory, libelous, threatening, harassing, vulgar, indecent, profane, hateful, racially or ethnically offensive, encourages criminal conduct, gives rise to civil liability, violates any law, rule, or regulation, infringes any right of any third party including intellectual property rights, or is otherwise inappropriate or objectionable to MYOMEGATV (in MYOMEGATV s sole discretion), or (ii) links to infringing or unauthorized content (collectively, “Unsuitable Material”). You may not embed the Video Player into any hardware or software application, even for non-commercial purposes. MYOMEGATV reserves the right to prevent embedding to any website or other location that MYOMEGATV finds inappropriate or objectionable (as determined by MYOMEGATV in its sole discretion).
3.6 Compatible Devices.
In order to access the Benefits, you will need to use a computer, mobile device, streaming media player, or other device that meets the system and compatibility requirements that we establish from time to time (each, a “Compatible Device”). Please note that Compatible Devices may vary by Benefit. For example, certain devices may not be capable of streaming Content from the Live TV Benefit but may be capable of streaming other Content. Features and functionalities that we make available through the Benefits may also differ by Compatible Device and the terms of your Membership. Please visit our Help Center for a current list of Compatible Devices. The number of simultaneous streams of Content that you can access, including “in-home” and “out-of-home” streams, may vary by Benefit and require device and account verification. “In-home” streams are those that you stream through your home internet Benefit. “Out-of-home” streams are those that you stream through a connection to a cellular or Wi-Fi network outside of your home.
3.7 Internet Benefit and Data Usage.
In order to access the Benefits, you must have a high-speed broadband, wireless or similar internet connection from an internet Benefit provider that meets certain technical specifications. Please note that multiple simultaneous streams, as well as HD and 4K Ultra HD Content, may require higher internet bandwidth. You are responsible for any costs associated with your internet Benefit used to access the Benefits. Your use of the Benefits may count toward your data usage, depending on the terms of your agreement with your internet Benefit provider.
3.8 Ownership.
You agree that MYOMEGATV retains all rights to the Benefits. You further agree that the Content you access and view as part of the Benefits is owned or controlled by MYOMEGATV and/or MYOMEGATV s content programmers. The Benefits and the Content are protected by copyright, trademark, and other intellectual property laws.
3.9 Your Responsibilities.
In order for us to keep the Benefits safe and available for everyone to use, we all have to follow the same rules of the road. You and other Members must use the Benefits for lawful, non-commercial, and appropriate purposes only. Your commitment to this principle is critical. You agree to observe the Benefits, Content, Video Player and embedding restrictions detailed above, and further agree that you will not use the Benefits in a way that:
violates the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;
uses technology or other means to access, index, frame or link to the Benefits (including the Content) that is not authorized by MYOMEGATV (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of the Benefits);
involves accessing the Benefits (including the Content) through any automated means, including “robots,” “spiders,” or “offline readers” (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices – but not caches or archives – of the Benefits and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);
introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
damages, disables, overburdens, impairs, or gains unauthorized access to the Benefits, including MYOMEGATV ’s servers, computer network, or Member accounts;
removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the Benefits (including the Content);
uses the Benefits to advertise or promote Benefits that are not expressly approved in advance in writing by MYOMEGATV ;
collects information in violation of MYOMEGATV ’s Privacy Policy;
encourages conduct that would constitute a criminal offense or give rise to civil liability;
violates these Terms or any guidelines or policies posted by MYOMEGATV ;
interferes with any other party’s use and enjoyment of the Benefits; or
attempts to do any of the foregoing.
If MYOMEGATV determines in its sole discretion that you are violating any of these Terms, we may (i) notify you, and (ii) use technical measures to block or restrict your access or use of the Benefits. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the Benefits, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.
3.10 No Spam/Unsolicited Communications.
We know how annoying and upsetting it can be to receive unwanted email or instant messages from people you do not know. Therefore, you may not use the Benefits to harvest information about Members for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. You understand that we may employ technical measures to prevent spam or unsolicited bulk or other communications from entering, utilizing, or remaining within our computer or communications networks. If you Post (as defined below in Section 7) or otherwise send spam, advertising, or other unsolicited communications of any kind through the Benefits, you acknowledge that you will have caused substantial harm to MYOMEGATV and that the amount of such harm would be extremely difficult to measure.
3.11 Software Downloads.
In order to participate in certain Benefits or access certain Content, you may be notified that it is necessary to download software or other materials or agree to additional terms and conditions. Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into these Terms.
3.12 Modification/Suspension/Discontinuation.
We regularly make changes to the Benefits. The availability of the Content, as well as Access Points and Compatible Devices through which the Benefits are available, will change from time to time. MYOMEGATV reserves the right to replace or remove any Content and Access Points available to you through the Benefits, including specific titles and networks/channels, and to otherwise make changes in how we operate the Benefits. Additionally, you agree that for various reasons, such as restrictions from content programmers and other limitations or considerations from third parties, certain Content that may be available through one Access Point may not be available through another Access Point. We hope not to, but we may change, suspend, or discontinue – temporarily or permanently – some or all of the Benefits (including the Content and the Compatible Devices through which the Benefits are accessed), with respect to any or all Members, at any time without notice. In our continued assessment of the Benefits, we may from time to time, with respect to any or all of our Members, experiment with or otherwise offer certain features or other elements of the Benefits, including promotional features, Member interfaces, plans, pricing, and advertisements. You acknowledge that MYOMEGATV may do so in MYOMEGATV ’s sole discretion at any time without notice. You also agree that MYOMEGATV will not be liable to you for any modification, suspension, or discontinuance of the Benefits, although if you are a MYOMEGATV subscriber and MYOMEGATV suspends or discontinues your Membership to the Benefits, MYOMEGATV may, in its sole discretion, provide you with a credit, refund, discount or other form of consideration (for example, we may credit additional days of Benefit to your account) in accordance with Section 4 below. However, if MYOMEGATV terminates your account or suspends or discontinues your access to Benefits due to your violation of these Terms, then you will not be eligible for any such credit, refund, discount or other consideration.
3.13 Customer Benefit.
If we can be of help to you, please do not hesitate to contact our customer Benefit department by visiting our Help Center. It would be our pleasure to serve you. We aim to deliver first-class customer Benefit, but in the unlikely event that a customer Benefit representative provides information that is inconsistent with these Terms, please be aware that these Terms will control.
Memberships and Billing
4.1 Memberships.
While we may offer Content from time to time for free, we charge a fee to access the Benefits. The Benefits may include different Content offerings and features, with different benefits, conditions, and limitations. You can find the specific details regarding your Membership at any time by logging in on the MYOMEGATV Site and viewing your account details. Because the Benefits are offered in multiple time zones, for consistency, a “day” for purposes of these Terms begins at 12:00 a.m. Eastern Time and ends at 11:59 p.m. Eastern Time of that same calendar day.
4.2 Billing.
By providing a credit card or other payment method accepted by MYOMEGATV or our affiliate (“Payment Method”) for your Membership, you are expressly agreeing that we are authorized to charge you a periodic Membership fee on a recurring basis corresponding to the term of your Membership, any other fees for additional Benefits you may purchase, and any applicable taxes in connection with your use of your Membership to the Payment Method. If you want to use a different Payment Method than the one you signed up to use during registration, or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by logging in on the MYOMEGATV Site and viewing your account details. When you provide a Payment Method to access a Membership, including in connection with a free trial offer, our system will attempt to verify the information you entered. We do this by processing an authorization hold, which is a standard practice. We do not charge you in connection with this authorization hold. If your Payment Method expires and you do not edit your Payment Method information or cancel your account, you authorize us to continue billing, and you will remain responsible for any uncollected amounts.
As used in these Terms, “billing” shall indicate either a charge or debit, as applicable, against your Payment Method. The Membership fee will be billed at the beginning of your Membership and on each periodic renewal date thereafter unless and until you cancel your Membership or the account or Benefit is otherwise suspended or discontinued pursuant to these Terms. To see the commencement date for your next renewal period, log in on the MYOMEGATV Site and view your account details.
We automatically bill your Payment Method on the calendar day corresponding to commencement of your Membership. The interval of time between each payment due date shall correspond to the term of your Membership and be referred to herein as a “Billing Period.” In the event your Membership began on a day not contained in a given month, we bill your Payment Method on the last day of such month. You acknowledge that the timing of when you are billed and the amount billed each Billing Period may vary, including for example due to free trials and other promotional offers, gift card redemptions, credits applied, changes in your Membership, changes in your Payment Method, and changes in applicable taxes, and you authorize us to charge your Payment Method for the corresponding amounts.
If we offer you a promotion (e.g., a promotional price) for your Membership, the specific terms of the promotion will be disclosed during your sign-up or in other materials provided to you describing the particular promotion. In the case of promotional pricing, after your promotion ends, we will begin billing your Payment Method for your Membership at the regular price after your promotion ends unless you cancel prior to the end of your promotion or unless otherwise disclosed in communications made available to you.
MYOMEGATV reserves the right to change the terms of your Membership, including price, from time to time, effective as of the beginning of your next Billing Period following the date of the change. If MYOMEGATV changes the Membership fee or other charges for your Membership, we will give you advance notice of these changes. However, we will not be able to notify you of changes in any applicable taxes.
Very rarely, if there are special circumstances where MYOMEGATV determines it is appropriate (e.g., your access to the Benefits is unavailable for days due to technical difficulties), we may provide credits to affected subscribers. The amount and form of such credits, and the decision to provide them, are at MYOMEGATV ’s sole and absolute discretion, and the provision of credits in one instance does not entitle anyone to credits in the future under similar or different circumstances.
4.3 Ongoing Membership and Cancellation.
Your Membership will continue in effect on a recurring basis corresponding to the term of your Membership unless and until you cancel your Membership or the account or Benefit is otherwise suspended or discontinued pursuant to these Terms. You must cancel your Membership before your next renewal date in order to avoid the next billing. We will bill the periodic Membership fee plus any applicable taxes to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). If you cancel your Membership, cancellation will be effective at the end of the current Billing Period – this means that you will have continued access to your Membership for the remainder of that period, but you will not receive a refund. You will also forfeit any Benefit or referral credits upon cancellation. You can cancel your Membership by logging into your MYOMEGATV account and following the instructions on your account page on the MYOMEGATV Site or in the settings of our mobile application. If you pay for the Benefits through your account with a third party (e.g., Apple iTunes) and want to cancel your Membership or manage your billing, you may need to do so through your account with such third party.
4.4 Unpaid Amounts.
It is important that each subscriber honor the payment obligations to which the subscriber agreed. Accordingly, we reserve the right to retry billing your Payment Method after failed attempts (e.g., if your Payment Method is rejected). We also reserve the right to pursue any amounts you fail to pay in connection with your Membership. You will remain liable for all such amounts and all costs incurred in connection with the collection of these amounts, including, without limitation, bank overdraft fees, collection agency fees, reasonable attorneys’ fees, and arbitration or court costs.
4.5 Trials.
On occasion, we may be authorized to offer free trials to a particular Benefit for certain qualifying Members. If we offer you a free trial, the specific terms of your free trial will be stated in the material describing the particular free trial or during your sign-up. Certain limitations may exist with respect to combining free trials with any other offers. MYOMEGATV reserves the right to determine eligibility for free trials. To view the specific details regarding your free trial, if any, log in on the MYOMEGATV Site and view your account details. For existing subscribers who accept a free trial to a Benefit, at the end of the free trial, you may be charged a prorated amount for the Benefit to cover the period between the date the free trial ends and your next Billing Period begins. It is very important to understand that you will not receive a notice from MYOMEGATV that your free trial has ended. If you wish to subscribe after your trial ends you will have to visit MYOMEGATV site and choose what Benefit you wish to purchase. You will be automatically billed each time your Membership ends. You may cancel your Membership at any time as described in the “Ongoing Membership and Cancellation” section of these Terms. We will continue to bill your Payment Method for your Membership on a recurring basis corresponding to the term of your Membership until you cancel or the account or applicable Benefit is otherwise suspended or discontinued pursuant to these Terms. To the extent Memberships are offered in conjunction with purchases of, or payment for, third party products or Benefits, you agree that MYOMEGATV will not be liable to you for any claims arising out of or related to your purchase or use of such third party products or Benefits. If you cancel your Membership during a free trial or while using a promotional code or other credits, cancellation may be effective immediately.
4.6 Thirty Day money back guarantee.
We offer a Thirty Day money back guarantee. Simply email admin@my-omega-tv.xyz and request a refund.
4.7 Refunds and Exchanges.
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval of your refund. Your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within 1 day. We only replace items if they are defective or damaged. Contact support for details
Accounts and Registration
You are responsible for all use of your account, including use of your account by other members of your household. By allowing others to access your account or to create profiles within your account, you agree to be responsible for ensuring that they comply with these Terms and you agree to be responsible for their activity using the Benefits.
All registration information you submit must be accurate and updated. Please keep your password confidential. You will not have to reveal it to any MYOMEGATV representative. Because you are responsible for all use of your account, including unauthorized use by any third party, please be very careful to guard the security of your password. Please notify us by email using the customer support form available from our Help Center if you suspect any unauthorized use of your account. Please also make sure to notify us if your registration information changes, in case we need to contact you.
You may find information on how to delete your MYOMEGATV account by logging in on the MYOMEGATV Site and viewing your account details. Please identify your account and provide a valid reply email address in the event we require additional information to terminate your account. Please note, if you are a subscriber you must first cancel your Membership before you will be able to delete your account. Please see the section “Ongoing Membership and Cancellation” above for instructions on how to cancel your Membership.
We reserve the right to immediately terminate or restrict your account or your use of the Benefits or access to Content at any time, without notice or liability, if MYOMEGATV determines in its sole discretion that you have breached these Terms, violated any law, rule, or regulation, engaged in other inappropriate conduct, or for any other business reason. We also reserve the right to terminate your account or your use of the Benefits or access to Content if such use places an undue burden on our networks or servers. Of course, we would prefer to avoid such termination; therefore, we may use technology to limit activities, such as the number of calls to the MYOMEGATV servers being made or the volume of Member Material (as defined below in Section 7) being Posted, and you agree to respect these limitations and not take any steps to circumvent, avoid, or bypass them.
Collection and Use of Personal Information
For information about MYOMEGATV ’s policies and practices regarding the collection and use of your information, please read MYOMEGATV ’s Privacy Policy available at tvsite.com/privacy. The Privacy Policy is incorporated by reference and made part of these Terms. Thus, by agreeing to these Terms, you agree that your presence on the MYOMEGATV Site and use of the Benefits through any other Access Point are governed by the MYOMEGATV privacy policy in effect at the time of your use.
Member Reviews, Comments, and Other Material
7.1 Your Posts.
As part of the Benefits, Members may have an opportunity to publish, transmit, submit, or otherwise post (collectively, “Post”) reviews, comments, or other materials (collectively, “Member Material”). In order to keep the Benefits enjoyable for all of our Members, you must adhere to the rules below. Please choose carefully the Member Material that you Post. Please limit yourself to Member Material directly relevant to the Benefits. Moreover, you must not Post Member Material that: (i) contains Unsuitable Material (as defined above in Section 3); or (ii) improperly claims the identity of another person. Please note that if you Post Member Material on MYOMEGATV using a third party Benefit, such as a social network or email provider, your first and last name or other Member ID may appear to the public each time you Post. We advise that you do not, and you should also be careful if you decide to, Post additional personal information, such as your email address, telephone number, or street address. You must be, or have first obtained permission from, the rightful owner of any Member Material you Post. By submitting Member Material, you represent and warrant that you own the Member Material or otherwise have the right to grant MYOMEGATV the license provided below. You also represent and warrant that the Posting of your Member Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your Posting Member Material. MYOMEGATV will remove all Member Material if we are properly notified that such Member Material infringes on another person’s rights. You acknowledge that MYOMEGATV does not guarantee any confidentiality with respect to any Member Material. By Posting Member Material, you are not forfeiting any ownership rights in such material to MYOMEGATV . After Posting your Member Material, you continue to retain all of the same ownership rights you had prior to Posting. By Posting your Member Material, you grant MYOMEGATV a limited license to use, display, reproduce, distribute, modify, delete from, add to, prepare derivative works of, publicly perform, and publish such Member Material through the Benefits and on other platforms and Benefits worldwide, including on or through any Access Point, in perpetuity, in any media formats and any media channels now known or hereinafter created. The license you grant to MYOMEGATV is non-exclusive (meaning you are not prohibited by us from licensing your Member Material to anyone else in addition to MYOMEGATV ), fully-paid, royalty-free (meaning that MYOMEGATV is not required to pay you for the use of your Member Material), and sub licensable (so that MYOMEGATV is able to use its affiliates, subcontractors, and other partners, such as internet content delivery networks, to provide the Benefits). By Posting your Member Material, you also hereby grant each Member of the Benefits a non-exclusive, limited license to access your Member Material, and to use, display, reproduce, distribute, and perform such Member Material as permitted through the functionality of the Benefits and under these Terms.
7.2 Third Party Posts.
Despite these restrictions, please be aware that some material provided by Members may be objectionable, unlawful, inaccurate, or inappropriate. MYOMEGATV does not endorse any Member Material, and Member Material that is Posted does not reflect the opinions or policies of MYOMEGATV . We reserve the right, but have no obligation, to monitor Member Material and to restrict or remove Member Material that we determine, in our sole discretion, is inappropriate or for any other business reason, as permitted by law. In no event does MYOMEGATV assume any responsibility or liability whatsoever for any Member Material, and you agree to waive any legal or equitable rights or remedies you may have against MYOMEGATV with respect to such Member Material. You can help us tremendously by notifying us of any inappropriate Member Material you find by emailing us (subject line: “Inappropriate Member Material”).
Linked Destinations and Advertising
8.1 Third Party Destinations.
If we provide links or pointers to other websites or destinations, you should not infer or assume that MYOMEGATV operates, controls, or is otherwise connected with these other websites or destinations. When you click on a link within the Benefits, we will not warn you that you have left the Benefits and are subject to the terms and conditions (including privacy policies) of another website or destination. In some cases, it may be less obvious than others that you have left the Benefits and reached another website or destination. Please be careful to read the terms of use and privacy policy of any other website or destination before you provide any information or engage in any transactions. These Terms do not govern your use of another website or destination. MYOMEGATV is not responsible for the content or practices of any website or destination other than the MYOMEGATV Site, even if it links to the MYOMEGATV Site and even if the website or destination is operated by a company affiliated or otherwise connected with MYOMEGATV . By using the Benefits, you acknowledge and agree that MYOMEGATV is not responsible or liable to you for any content or other materials hosted and served from any website or destination other than the MYOMEGATV Site.
8.2 Third Party Advertisements and Benefits.
MYOMEGATV takes no responsibility for and does not endorse any third party advertisements or any third party material Posted on any Access Point where the Benefits are available, nor do we take any responsibility for the products or Benefits provided by advertisers. Any dealings you have with advertisers while using the Benefits, including through engaging with interactive advertisements, are between you and the advertiser, and you agree that MYOMEGATV is not liable for any loss or claim that you may have against an advertiser. If you provide any confidential or personal information or engage in any transaction through an advertisement, MYOMEGATV is not responsible for such information or transaction and we encourage you to read the terms of use and privacy policy of the advertiser or other party collecting such information or engaging in such transaction.
Trademarks
MYOMEGATVLLC , the MYOMEGATV logo, and other MYOMEGATV marks, graphics, logos, scripts, and sounds are trademarks of MYOMEGATV . None of the MYOMEGATV trademarks may be copied, downloaded, or otherwise exploited.
Unsolicited Submissions
It is MYOMEGATV ’s policy not to accept unsolicited submissions, including scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas, or concepts. MYOMEGATV ’s policy is to delete any such submission without reading it. Therefore, any similarity between an unsolicited submission and any elements in any MYOMEGATV creative work, including a film, series, story, title, or concept, would be purely coincidental.
Disclaimer of Warranties, Limitation of Liability and Indemnity
WHILE WE DO OUR BEST TO PROVIDE THE OPTIMAL PERFORMANCE OF THE Benefits, YOU AGREE THAT USE OF THE Benefits IS AT YOUR OWN RISK. THE Benefits, INCLUDING THE MYOMEGATV SITE, THE CONTENT, THE VIDEO PLAYER, THE FEATURES, Member MATERIAL, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH ANY ACCESS POINT, ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, MYOMEGATV DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE Benefits WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE.
IN NO EVENT SHALL MYOMEGATV OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT PROGRAMMERS) (COLLECTIVELY, THE “MYOMEGATV PARTIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE Benefits (INCLUDING ANY INFORMATION, PRODUCTS, OR Benefits ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH ANY ACCESS POINT), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE TVSITE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE Benefits OR $50 (WHICHEVER IS LESS).YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE BESTTVSTREAM PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE Benefits (INCLUDING YOUR USE OF THE CONTENT). BESTTVSTREAM RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
Notice and Procedure for Claims of Copyright Infringement
If you believe that any Content, Member Material, or other material provided through the Benefits, including through a link, infringes your copyright, you should notify MYOMEGATV of your infringement claim in accordance with the procedure set forth below. We will process each notice of alleged infringement that MYOMEGATV receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be sent to us via mail to:
MYOMEGATV , - Attention: Copyright Agent
To be effective, the notification must be in writing and contain the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Benefits that is reasonably sufficient to enable MYOMEGATV to identify and locate the material; (iv) how MYOMEGATV can contact you, such as your address, telephone number, and email address; (v) a statement by you 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 by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material.
MYOMEGATV has a policy of terminating repeat infringers in appropriate circumstances.
ARBITRATION OF CLAIMS
PLEASE READ THIS CAREFULLY. WE WANT YOU TO KNOW HOW IT AFFECTS YOUR RIGHTS.
If you have an issue with the Benefits, we encourage you to review our frequently asked questions or contact our customer Benefit team through our Help Center. In the event there is an issue that still requires attention, we want to make the resolution process as quick and efficient as possible. We also want to specify now what each of us should expect in order to avoid any confusion later. To that end, you and MYOMEGATV agree to first discuss any issue informally for at least 30 days. To do that, please send your full name and contact information, your concern and your proposed solution by Email to us at: admin@my-omega-tv.xyz ,to further discuss the issue, we will contact you using the email address you provided when you registered for MYOMEGATV .
If we do not reach an agreed upon solution after our discussions for at least 30 days, you and MYOMEGATV agree that any and all claims that either of us may have arising out of or relating to: (i) these Terms (including formation, performance, or breach of them, and including the scope and enforceability of this arbitration provision); (ii) the Privacy Policy, which is incorporated in these Terms; (iii) any aspect of our relationship with each other; and (iv) use of the Benefits, must be resolved through binding arbitration before the American Arbitration Association (“AAA”).
You and MYOMEGATV agree to arbitrate in each of our individual capacities only, not as a representative or member of a class, and each of us expressly waives any right to file a class action or seek relief on a class basis. The arbitration hearings will be held in Camden county New Jersey.
It is important that you understand that the arbitrator’s decision will be binding and may be entered as a judgment in any court of competent jurisdiction. The prevailing party in any arbitration will be responsible for all reasonable attorneys’ fees and costs, regardless of who initiated the arbitration.
If you’re not sure what all of this means, of course please feel free to ask an attorney.
Limitation on Time to Bring a Claim
To help resolve any issues between us promptly, you and MYOMEGATV agree to bring any claim arising out of or relating to these Terms (including MYOMEGATV ’s Privacy Policy), our relationship, or the use of the Benefits within one year after a claim arises; otherwise, the claim is waived. This limitation applies regardless of the venue in which such claim is or could otherwise be asserted.
General Information
15.1 Choice of Law and Forum.
These Terms are governed by, and construed in accordance with, the laws of the State of New Jersey without giving effect to principles of conflicts of law. To the extent that the arbitration provision outlined in Section 13 is not applicable (e.g., when confirming an arbitration award), you and MYOMEGATV agree to submit to the exclusive jurisdiction of the courts located in Sicklerville, New Jersey which is located in Camden County.
15.2 No Waiver/Reliance.
If you see other parties violating these Terms, we would appreciate it if you would let us know (subject line: “TOU Violation”). Precisely how MYOMEGATV responds to a party that is violating these Terms will be determined after carefully analyzing all of the facts and circumstances of a particular case. You may not rely upon MYOMEGATV ’s precise response with respect to one party or one situation as any indication of what MYOMEGATV might do with respect to another party or another situation, even if the parties or situations appear to you to be similar. Similarly, if we fail to act in response to a violation of these Terms, you should not assume that we do not object to the violation or even that we are aware of it. In addition, you may not construe a waiver of any provision of these Terms with respect to any party as a waiver of that provision (or any other provision) with respect to either that party or any other party. Further, MYOMEGATV ’s decision to delay exercising or enforcing any right or remedy under these Terms shall not constitute a waiver of such right or remedy. Even if MYOMEGATV acts in a way that appears to you to be inconsistent with these Terms, MYOMEGATV ’s action shall not be deemed a waiver or constructive amendment of these Terms.
15.3 Integration, Amendment, Severability, and Electronic Communications.
Please note that these Terms, including MYOMEGATV ’s Privacy Policy which is incorporated in these Terms and any end Member license agreement that might accompany the applicable Benefit, constitute the entire legal agreement between you and MYOMEGATV and govern your use of the Benefits (including your use of the Content) (but excludes any Benefits, if any, that MYOMEGATV may provide to you under a separate signed written agreement), and completely replaces any prior agreements between you and MYOMEGATV in relation to the Benefits. These Terms operate to the fullest extent permissible by law. If any provision of these Terms is held to be unlawful, void, or unenforceable, you and we agree that the provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
From time to time, we may communicate with you about the Benefits and these Terms electronically (e.g., emails to your registered email address, notices on the MYOMEGATV Site and other Access Points). You consent to receive electronic communications from MYOMEGATV and further agree that any notices, agreements, disclosures, and other communications that we send to you electronically will satisfy any applicable legal notification requirements. We recommend that you keep a copy of any electronic communications we send to you for your records.
Thank you for taking the time to read these Terms. By understanding and agreeing to follow these Terms, the experience will be better for all Members. It is our goal to provide you with a first class Member experience, so if you have any questions or comments about these Terms and Conditions, please contact us.
