Terms of Service

Acorn Premium Terms & Conditions - Last updated September 24, 2012

Welcome to the terms and conditions ("Terms") for Acorn Premium. These Terms are between you and Acorn Media Group ("Acorn" or "Us") and govern our respective rights and obligations. The Terms, together with applicable terms and conditions related to any promotional offers provided to you for use with Premium, constitute the entire agreement between you and Acorn related to the Premium membership. Please note that your use of the Acorn website and Premium membership are also governed by our Conditions of Use and Privacy Notice, as well as all other applicable terms, conditions, limitations, and requirements on the Acorn website, all of which (as changed over time) are incorporated into these Terms. If you sign up for a Premium membership, you accept these terms, conditions, limitations and requirements. Please read these Terms carefully.

Membership Benefits

Premium members are entitled to free standard shipping on products sold by Acorn on the Acorn website and in the Acorn catalog.

Rush, Express, Canadian, and any other additional shipping charges still apply.  Availability of shipping benefits depends on inventory availability, order deadlines, and in some cases the shipping address.

Standard shipping estimates apply to business days. Our carriers usually do not pick-up or deliver packages on weekends or holidays though Saturday delivery is available for certain locations.

We may ship the products by ground or air at our discretion. (These terms do not correspond to any carrier-branded shipping services.)

We do not guarantee delivery of products within the estimated transit time or by the estimated delivery date.

Premium members also receive Premium access to Acorn TV. Acorn selects the available programs, the schedule of rotation, and the length of time that they’re available to members for viewing on the Acorn TV platform. Premium members may view the available programs on Acorn TV an unlimited number of times while the programs are available.

Premium memberships may be purchased by a customer who resides in the U.S. or Canada, and has a U.S. or Canada credit card billing address, and is in the U.S. or Canada at the time of purchase. Once the purchase is completed, then the member may watch Acorn TV from anywhere in the world provided that they have adequate Internet bandwidth and a device that is compatible with Acorn TV.

From time to time, there may be content that is rights restricted in Canada, in which case it will be blocked everywhere outside of the U.S.

At this time, there is no limit on the number of Acorn TV-ready devices on which an authorized user may access Acorn TV. Authentication is done using the member’s email address and case-sensitive password. However, this allowance is subject to change at any time at the discretion of Acorn.

Other Limitations

We reserve the right to accept or refuse membership at our discretion.

You may not transfer or assign your Premium membership or any Premium benefits.

Premium members are not permitted to purchase products for the purpose of resale or to ship to their customers or potential customers using Premium benefits.

From time to time, Acorn may choose in its sole discretion to add or remove Premium membership benefits from paid or free promotional programs.

Due to restrictions placed on us by our content providers, we regret that from time-to-time some programs may be restricted in Canada. A program blocked in Canada will be unavailable for viewing on Acorn TV anywhere outside the U.S.

Fees and Renewal

The annual membership fee for Premium is stated at www.acornonline.com/premium. From time to time, we may offer different membership terms, and the fees for such membership may vary. The Premium membership fee is non-refundable except as expressly set forth below. Taxes may apply on either or both of the membership fee and the reduced shipping charges for Premium.

Acceptable credit cards include Mastercard, Visa, and Discover.

If the credit card we have on file for you is declined for payment of your membership fee, you have 30 days to provide us a new credit card or your membership will be canceled. If you provide us with a new card and are successfully charged within 30 days, your new membership period will be based on the original renewal date and not the date of the successful charge.

PAYMENT OPTIONS

Monthly Option: Renews automatically and requires a three-month commitment. You may cancel any time after the initial three-month period. The best way to sign up for this option is online at www.acornonline.com/premium. If you would like to initiate the monthly option via a phone or mail order, the first three months will be charged up front, and you will receive an email with instructions on how to set up your payment information online for continuing automatic monthly charges.

Unless you notify us before a charge that you want to cancel or do not want to auto-renew, you understand that your Premium membership will automatically continue and you authorize us (without notice to you, unless required by applicable law) to collect then then-applicable membership fee and any taxes, using any credit card we have on record for you.

The membership fee will be billed at the beginning of the paying portion of your membership and each month thereafter unless and until you cancel your membership. Visit your “My Account” section of our website to see the commencement date for your next renewal period. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership. Membership charges are fully earned upon payment. In the event your paying membership began on a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, if you started your Premium membership or became a paying member on January 31st, your next payment date is February 28th and your Payment Method would be billed on that date. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers, and you authorize us to charge your Payment Method for such varying amounts. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or related charges. Check with your bank and credit card issuers for details.

Annual Option: Annual memberships are not set to auto-renew and are non-refundable.

Passwords

The member who created the Premium account and whose Payment Method is charged has access and control over the account. The account owner's control is exercised through use of the account owner's password and therefore to maintain exclusive control, the account owner should not reveal the password to anyone. By sharing the Acorn Premium password, the account owner agrees to be responsible for assuring that household members comply with the terms of use and such account owner shall be responsible for the actions of the household members.

Membership Cancellation

We will refund your full membership fee if you cancel your Premium membership before you have made any eligible purchases and before you have taken advantage of any Premium benefits, such as Acorn TV. You are not entitled to any refund if you cancel after you have made any eligible purchases or after you have taken advantage of any Premium benefits.

Promotional Trial Memberships

We sometimes offer certain customers various trial or other promotional memberships, which are subject to these Terms except as otherwise stated in the promotional offers. Trial memberships do NOT automatically convert into paid memberships the end of the Trial period and you will not automatically be charged.

Agreement Changes

We may in our discretion change these Terms, Acorn's Conditions of Use and Privacy Notice, or any aspect of the Premium membership, without notice to you. If any change to these terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. YOUR CONTINUED MEMBERSHIP AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES.  IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR MEMBERSHIP.

Termination by Us

We may terminate your Premium membership at our discretion without notice. If we do so, we will give you a prorated refund based on the number of full months remaining in your membership. However, we will not give any refund for termination related to conduct that we determine, in our discretion, violates these Terms or any applicable law, involves fraud or misuse of the Premium membership, or is harmful to our interests or another user. Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights.

Limitation of Liability

IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN ACORN'S CONDITIONS OF USE, IN NO EVENT WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO PREMIUM. OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE LAST ANNUAL MEMBERSHIP FEE YOU PAID. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR PREMIUM MEMBERSHIP. CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Conditions of Use - Last updated: september 24, 2012

Welcome to Acorn. Acorn ("Acorn") provides website features to you subject to the following conditions. If you visit or shop at Acorn, you accept these conditions. Please read them carefully. In addition, when you use any current or future Acorn service or business (e.g., Acorn TV or My Library) you also will be subject to the guidelines, terms and agreements ("Terms") applicable to such service or business. If these conditions are inconsistent with such Terms, the Terms will control.

PRIVACY

Please review our Privacy Notice, which also governs your visit to Acorn, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you visit Acorn or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Acorn or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Acorn and protected by U.S. and international copyright laws. All software used on this site is the property of Acorn or its software suppliers and protected by United States and international copyright laws.

TRADEMARKS

Acorn graphics, logos, page headers, button icons, scripts, and service names are trademarks, or trade dress of Acorn in the U.S. and/or other countries. Acorn's trademarks and trade dress may not be used in connection with any product or service that is not Acorn's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Acorn. All other trademarks not owned by Acorn that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Acorn.

LICENSE AND SITE ACCESS

Acorn grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Acorn. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Acorn. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Acorn without express written consent. You may not use any meta tags or any other "hidden text" utilizing Acorn's name or trademarks without the express written consent of Acorn. Any unauthorized use terminates the permission or license granted by Acorn. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Acorn so long as the link does not portray Acorn, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Acorn logo or other proprietary graphic or trademark as part of the link without express written permission.

YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Acorn does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use Acorn only with involvement of a parent or guardian. Acorn reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments, photos, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Acorn reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Acorn a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Acorn and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Acorn for all claims resulting from content you supply. Acorn has the right but not the obligation to monitor and edit or remove any activity or content. Acorn takes no responsibility and assumes no liability for any content posted by you or any third party.

COPYRIGHT COMPLAINTS

Acorn respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify us at feedback@acornmedia.com.

RISK OF LOSS

All items purchased from Acorn are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

RETURNS, REFUNDS AND TITLE

Acorn does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Acorn does not take title to the refunded item.

PRODUCT DESCRIPTIONS

Acorn attempts to be as accurate as possible. However, Acorn does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Acorn itself is not as described, your sole remedy is to return it in unused condition.

PRICING

Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY ACORN ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. ACORN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ACORN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ACORN DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM ACORN ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ACORN WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

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, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

DISPUTES

Any dispute or claim relating in any way to your visit to Acorn or to products or services sold or distributed by Acorn or through Acorn will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent: Incorp Services, Inc., 1090 Vermont Avenue, Suite 910, Washington, DC  20005. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Acorn will not to seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

APPLICABLE LAW

By visiting Acorn, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the State of Maryland, without regard to its conflict or choice of laws principles, will govern these Conditions of Use and any dispute of any sort that might arise between you and Acorn.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies posted on this site. These policies also govern your visit to Acorn. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

OUR ADDRESS: Acorn Media Group, 8515 Georgia Ave., Suite 650, Silver Spring, MD 20910; http://www.acornmedia.com


Acorn TV and Watch Now/Download Terms of Use - Last Updated: september 24, 2012

THIS IS AN AGREEMENT BETWEEN YOU AND ACORN MEDIA GROUP ("ACORN" OR "WE"). PLEASE READ THESE TERMS OF USE, ALL RULES AND POLICIES RELATED TO THE ACORN VIDEO SERVICE (INCLUDING, BUT NOT LIMITED TO, ANY PRODUCT-SPECIFIC RULES OR USAGE PROVISIONS SPECIFIED ON ANY PRODUCT DETAIL PAGE, IN ANY LINK FROM A PRODUCT DETAIL PAGE, OR ON ANY HELP OR OTHER INFORMATIONAL PAGE FOR THE SERVICE), THE ACORN PRIVACY NOTICE, AND THE ACORN CONDITIONS OF USE (COLLECTIVELY, THE "AGREEMENT"). YOU ACCEPT AND AGREE TO THE TERMS OF THIS AGREEMENT BY CLICKING "WATCH NOW," "BUY," "DOWNLOAD," “PLAY,” OR THEIR EQUIVALENT ON THE ACORN VIDEO SERVICE.

THE SERVICE

The Acorn Video Service (the "Service") offers digitized versions of movies, television shows, and other video content (collectively, "Digital Content") and other services under certain terms and conditions as set forth in this Agreement. The Service allows you to access and view Digital Content in two different ways: by streaming a copy, or by downloading a copy. As indicated on the product detail pages of the Service, some Digital Content may be available for streaming only, some Digital Content may be available for download only, and some Digital Content may be available for streaming and download.

COMPATIBLE DEVICES

In order to be able to stream or download Digital Content from the Service and to view Digital Content on the Service, you will need to use a personal computer, portable media player, or other device that meets the system and compatibility requirements that we establish from time to time and is otherwise capable of interacting with the Service (each such device, a "Compatible Device"). Some Compatible Devices may be used only to stream Digital Content, some Compatible Devices may be used only to download Digital Content, and some Compatible Devices may be used to stream and download Digital Content. We may change the requirements for Compatible Devices from time to time and, in some cases, whether a device is (or remains) a Compatible Device may depend on software or systems provided or maintained by the device manufacturer or other third parties. As a result, devices that are Compatible Devices at one time may cease to be Compatible Devices in the future.

Applications

You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) ("Application(s)") that interact with the Acorn TV service. These Applications may import data related to your Acorn TV account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and Acorn TV is not responsible for and does not endorse the content of such Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO, ASSOCIATED WITH OR SPONSORED BY ACORN TV AND MAY NOT BE AUTHORIZED FOR USE WITH OUR SERVICE IN ALL COUNTRIES. Some of these Applications may even use Acorn TV trademarks. Unless otherwise noted by Acorn TV on the Acorn TV website, Acorn TV is not responsible for and does not endorse the content of such Applications. You will need to make your own independent judgment regarding your interaction with these Applications. If you choose, at your sole and absolute discretion and risk, to use an Application, such Application may interact with, connect to or gather and/or pull information from and to your Acorn TV account. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information relating to your Acorn TV account, you are consenting to the information about your account being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Acorn TV has not provided such information; and (iii) your USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK, and you will hold Acorn TV harmless for the sharing of information relating to your Acorn TV account that results from your use of an Application. You must read all log-in boxes and other pop-up boxes closely for notices about sharing your Acorn TV account information with, through or by any other means identified on an Application. In addition, the Application's end user license agreement, terms of use, and/or any other documentation or materials designated by the Application will govern your use of that Application. It is possible that you may be able to revoke an Application's access to your Acorn TV account at any time, but information shared prior to revocation may continue to be viewable within, or otherwise continue to be used by, the Application depending on the policies of such Application. If you have any questions, concerns, complaints, or claims about the Applications, you should contact the support or contact personnel of the Application and not Acorn TV, unless otherwise indicated by Acorn TV. ACORN TV DISCLAIMS ALL LIABILITY ARISING FROM YOUR USE OF APPLICATIONS.

DIGITAL CONTENT

a. General.  The Service may allow you to: (i) purchase Digital Content for viewing over an indefinite period of time ("Purchased Digital Content"), (ii) access Digital Content on a subscription basis for viewing over a limited period of time during a subscription period (for example, through Acorn TV) ("Subscription Digital Content"), and (iii) access Digital Content on a free or promotional basis for viewing over a limited period of time ("Free Digital Content"). Digital Content may be available on the Service as Purchased Digital Content, Subscription Digital Content, Free Digital Content, or any combination of those. The basis on which Digital Content is available on the Service will be indicated on the product detail page for that Digital Content on the Service, and on the Acorn TV page. From time to time, we may add or remove Digital Content from the Service and may change the basis on which Digital Content is available on the Service.

b. Usage Rules. Your use of Digital Content is subject to the Acorn Video Usage Rules (the "Usage Rules"). The Usage Rules provide important information regarding your use of Digital Content, including the time period during which you are authorized to view different types of Digital Content (the "Viewing Period" for that Digital Content) and limitations on the number and type of Compatible Devices on which each type of Digital Content may be downloaded, streamed, and viewed.

c. Subscriptions. Our subscription services are dynamic services and the specific Subscription Digital Content available and amount of Subscription Digital Content available will change over time. We make no guarantee as to the availability of specific Subscription Digital Content or the minimum amount of Subscription Digital Content available in any subscription. Additional terms applicable to a subscription (such as the applicable cancellation and refund policy) will be indicated on the informational pages for that subscription.

d. License to Digital Content. Subject to your payment of any applicable fees (including applicable taxes) to rent, purchase, or otherwise obtain access to Digital Content, and your compliance with all other terms we specify for Digital Content or the Service, Acorn grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license, during the applicable Viewing Period, to access, view, use and display the Digital Content in accordance with the Usage Rules, for Non-Commercial, Private Use. As used herein, "Non-Commercial, Private Use" means a presentation of Digital Content for which no fee or consideration of any kind (other than that which you pay to us to view the Digital Content) is charged or received, which takes place in your private home or apartment or, if outside your private home or apartment (e.g., in a hotel room, dorm room, office, or airport waiting lounge) is limited to a private viewing for you and your invitees. Non-Commercial, Private Use specifically excludes any public presentation (e.g., a presentation in a dorm lounge) and any presentation by a place of public accommodation or other commercial establishment (e.g., a bar or restaurant), even if no fee is charged for viewing the Digital Content. To simplify your viewing and management of Digital Content that has a limited Viewing Period (such as Rental Digital Content and Subscription Digital Content), we may automatically remove that Digital Content from your Compatible Device after the end of its Viewing Period, and you consent to such automatic removal.

e. Availability of Purchased Digital Content. Purchased Digital Content will generally continue to be available to you for download or streaming from the Service, as applicable, but may become unavailable due to potential content provider licensing restrictions and for other reasons, and Acorn will not be liable to you if Purchased Digital Content becomes unavailable for further download or streaming. You may download and store your own copy of Purchased Digital Content on a Compatible Device authorized for such download so that you can view that Purchased Digital Content if it becomes unavailable for further download or streaming from the Service.

f. Downloading and Risk of Loss. If you plan to download Digital Content that you purchase, we encourage you to do so promptly after your purchase. If you are unable to complete a download after having reviewed our online help resources, please contact Acorn customer service. Once you purchase Digital Content and we make the Digital Content available to you, you are responsible for completing the download, if you choose to download, and for all risk of loss of the Digital Content after download.

g. Streaming. When you stream Digital Content, the resolution and quality of the Digital Content you receive will depend on a number of factors, including the type of Compatible Device on which you are streaming the Digital Content and your bandwidth, which may go up and down over the course of your viewing. If we detect that Digital Content we are streaming to you may be interrupted or may otherwise not play properly due to bandwidth constraints or other factors, we may decrease the resolution and file size of the Digital Content we stream to you in an effort to provide an uninterrupted viewing experience. While we strive to provide you a high quality viewing experience, we make no guarantee as to the resolution or quality of the Digital Content you will receive when streaming.

h. General Restrictions. You may not transfer, copy or display the Digital Content, except as permitted in this Agreement. In addition, you may not:

i. sell, rent, lease, distribute, broadcast, sublicense or otherwise assign any right to the Digital Content to any third party;

ii. remove any proprietary notices or labels on the Digital Content;

iii. attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management system used as part of the Service; or,

iv. use the Service or Digital Content for any commercial or illegal purpose.

RESERVATION OF RIGHTS.

Except for the rights explicitly granted to you in this Agreement, all right, title and interest in the Service and Digital Content are reserved and retained by Acorn and its licensors, and Acorn and its licensors do not transfer any right, title or interest in the Service or Digital Content. You do not acquire any ownership rights in the Digital Content as a result of streaming or downloading Digital Content.

LIMITED TO U.S. and CANADA

Due to restrictions placed on us by our content providers, we are currently only able to make the Service available for purchase to customers located in the United States and Canada. And we regret that from time-to-time some programs may be restricted in Canada.

Premium memberships may be purchased by a customer who resides in the U.S. or Canada, and has a U.S. or Canada credit card billing address, and is in the U.S. or Canada at the time of purchase. Once the purchase is completed, then the member may watch Acorn TV from anywhere in the world provided that they have adequate Internet bandwidth and a device that is compatible with Acorn TV.

ALL RENTALS AND SALES FINAL.

All purchases and rentals of Digital Content are final. We do not accept returns of Digital Content.

Account Access; Identity Protection

In order to provide you with ease of access to your account and to help administer the Acorn TV service, Acorn implements technology that enables us to recognize you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the service. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.

You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your Acorn TV ready device. If you disclose your password to anyone or share your account and/or devices with other people, you take full responsibility for their actions. Where possible, users of public or shared devices should log out at the completion of each visit. If you sell or return a device, you should logout and/or deactivate the device before doing so. If you fail to log out of your device, subsequent users may access the service through your account and may be able to access certain of your account information.

If you find that you're a victim of identity theft and it involves your Acorn TV account, you should notify Customer Service. Then, you should report this instance to all your card issuers, as well as your local law enforcement agency. Also, you should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Acorn reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. Acorn is not obligated to credit or discount a membership for holds placed on the account by either a representative of Acorn or by the automated processes of Acorn.

ADDITIONAL TERMS

a. Termination. If you violate any of the terms or conditions of this Agreement, your rights under this Agreement will automatically terminate without notice from us, and Acorn may, in its discretion, immediately revoke your access to the Service without notice to you and without refund of any fees. In such event, you must delete all copies of Digital Content that you have downloaded, and Acorn shall have the right, without notice to you, to automatically discontinue your access to Digital Content from the Service.

b. Explicit Content. You understand that by using the Service, you may encounter content that may be deemed offensive, indecent or objectionable, which content may or may not be identified as having explicit language or other features. Nevertheless, you agree to use the Service at your sole risk, and Acorn shall have no liability to you for content that may be found to be offensive, indecent or objectionable. Content types (including genres, sub-genres, and categories and sub-categories and the like) and descriptions are provided for convenience, and you acknowledge and agree that Acorn does not guarantee their accuracy.

c. Modification of Service. Acorn reserves the right to modify, suspend, or discontinue the Service, or any part thereof, at any time and without notice to you, and Acorn will not be liable to you should it exercise such rights, even if your use of Digital Content is impacted by the change.

d. Amendments. Acorn reserves the right to make changes to this Agreement at any time. Your continued use of the Service following any such changes will constitute your acceptance of such changes.

e. Third-Party Beneficiaries. Content providers providing Digital Content that you purchase or view on the Service are intended third-party beneficiaries under this Agreement.

f. Damages Cap. Without limiting the Disclaimer of Warranties and Limitation of Liability in the Acorn Conditions of Use: in no event shall our or our Digital Content providers' total liability to you for all damages arising from your use of the Service, the Digital Content, or information, materials or products included on or otherwise made available to you through the Service, exceed the amount you paid to us to purchase, rent, or view the Digital Content related to your claim for damages.  These limitations will apply to you even if the remedies fail of their essential purpose.

g. Service Testing. From time to time, we test various aspects of our service, including our website, user interfaces, service levels, plans, promotions, features, availability of movies & TV shows, delivery, and pricing, and we reserve the right to include you in or exclude you from these tests without notice.

h. Contact Information. For communications concerning this Agreement, please write to Acorn Media Group, Attn: Legal Department, 8515 Georgia Ave., Suite 650, Silver Spring, MD 20910.