Terms of Use

Last Updated: October 2020

Welcome to SPECTACULAR TV. Please read this Terms of Use Agreement (the "Terms of Use") carefully, as it establishes legally binding terms and conditions that apply to your use of SPECTACULAR TV Services.

In this Terms of Use Agreement, “SPECTACULAR TV Services,” means the services provided and made available by FS Spectacular SA and its affiliates (collectively, "SPECTACULAR TV", "we", "our" or "us") in connection with your browsing and viewing of SPECTACULAR TV multimedia (such as videos, movies and television shows) (“Content”) through SPECTACULAR TV websites, applications, or other interfaces and platforms. SPECTACULAR TV Services also include any other technologies, features, and content we may provide or use on SPECTACULAR TV user interfaces.

1. Scope and Acceptance

The Terms of Use include:

• The terms and conditions in this document;

• The SPECTACULAR TV Privacy Policy; and

• Additional terms and conditions that we may provide in association with certain SPECTACULAR TV Services, such as rules for participation in certain SPECTACULAR TV activities ("Rules"), including contests and sweepstakes ("Promotions").

The Terms of Use apply to anyone who uses SPECTACULAR TV Services ("User", "you" or "your"), including, but not limited to, people who register for the SPECTACULAR TV Services, people who subscribe to the SPECTACULAR TV Services, and people who simply browse the SPECTACULAR TV Services. If you use, visit, register for, or subscribe to the SPECTACULAR TV Services, you understand, acknowledge, and agree that you are bound by the terms and conditions of these Terms of Use.

If you do not agree to these Terms of Use, do not use SPECTACULAR TV Services.

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

2. Changes to These Terms of Use

We may modify these Terms of Use, including the Privacy Policy, and Additional terms and conditions from time to time. If you have a current subscription for SPECTACULAR TV Services or are a registered user, modifications will take effect for you, unless stated otherwise, 30 days after posting. For all other Users, the revised Terms of Use shall be effective immediately upon posting.

We may choose to post or display on SPECTACULAR TV Services, email you, or otherwise notify you about material changes to these Terms of Use; the form of notice we may use is, to the extent allowed by applicable law, at our discretion. We recommend that you check back frequently and review these Terms of Use regularly so that you are aware of the most up-to-date Terms of Use. Your continued use will be taken as acceptance of these updated Terms of Use.

3. Termination of Use of SPECTACULAR TV Services

You may cancel a paid subscription at any time. You will only be charged for the current billing cycle on that subscription and continue to have access for the duration of the cycle that you paid for. Due to the nature of our paid subscription service and the products you gain access to, we do not give refunds. If you experience any issues cancelling, please email us at tv@fsspectacular.com your username and the email address you signed up with. If you have subscribed to SPECTACULAR TV Subscription Services, you will continue to have access to your SPECTACULAR TV Subscription Services until the end of your current subscription period.

We may terminate or restrict your use of or registration to SPECTACULAR TV Services at any time, without compensation or notice, at our sole discretion, if you are in violation of these Terms of Use or are engaged in any illegal or unauthorized use of SPECTACULAR TV Services.

We do not provide refunds or credits for any partially used membership periods or for unwatched content accessible through the SPECTACULAR TV Services. You acknowledge and agree that we shall have no other liability to you in respect of such termination. Even after your subscription or registration is terminated, to the extent necessary for us to enforce our legal rights, your obligations under these Terms of Use shall remain in effect.

4. How to Access Video Content

Some audio-visual Content made available on or through the SPECTACULAR TV Services (the “Video Content”) may be accessed and viewed by paying a fee.

a. Subscription Services 

We may provide you with access to certain Video Content (“Subscription Video Content”) on a subscription basis, subject to these Terms of Use. You may have to pay a fee in order to view Subscription Video Content, subject to the terms provided when you initiate the subscription. SPECTACULAR TV Services of this type are referred to as “Subscription Services.”

Upon successful payment of any applicable subscription fee and subject to these Terms of Use, SPECTACULAR TV will grant you a non-exclusive, non-transferable, non-assignable, non-sublicensable, limited right and license to view and privately display the Subscription Video Content by and through the SPECTACULAR TV Services for your own personal, non-commercial use for the duration specified at the time of subscription (the “Subscription Term”).

After your or our termination of Subscription Services and at the end of the Subscription Term, you will no longer be able to access or view any Subscription Video Content as part of the Subscription Services. We will provide you with notice that your Subscription Term is ending or has ended. You agree that your SPECTACULAR TV account is for personal, non-commercial use only and is limited to only one stream at any particular time.

b. Cancellation

You may cancel your subscription to Subscription Services at any time. However, WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-BILLING PERIOD OR SUBSCRIPTION PERIODS OR FOR UNWATCHED CONTENT ACCESSIBLE THROUGH THE SPECTACULAR TV SERVICES, unless required by law. Following cancellation of your subscription, however, you will continue to have access to SPECTACULAR TV Services until the end of your current billing period. 

At any time, in our sole discretion, we may choose to provide refunds, discounts, or other consideration (“credits”) to some or all of our Users. If we choose to provide credits at a particular time, it will not obligate us to provide credits to you or others at any point in the future, regardless of the circumstances.

c. Availability of Video Content

We strive to provide a great selection of Video Content to you through the SPECTACULAR TV Services. We may add, remove, or disable access to certain Video Content or some or all of the SPECTACULAR TV Services at our sole discretion. You understand that the Video Content and SPECTACULAR TV Services available to you may change over time, including during your subscription period. In addition, some Video Content may not be available in your geographic region or may not be accessible to you based on your equipment or other factors.

To the extent permitted by applicable law, we are not liable for the removal of or disabling of access to any SPECTACULAR TV Services, materials or functionality of SPECTACULAR TV Services.

5. Pricing and Payment Terms

a. General

You agree to pay in full the prices and fees for any purchases that are made using your User Credentials via credit, debit or other payment methods that we accept at the time of purchase. If payment is not received by us from your credit, debit or charge card issuer or its agents or other payment service provider, you remain responsible for uncollected amounts and agree to promptly pay all amounts due upon demand by us.

b. Pricing

The Content made available on SPECTACULAR TV Services is offered at different prices as set forth on the applicable portion of SPECTACULAR TV Services. We reserve the right to change any and all prices for any Content at any time or as frequently as permissible in the jurisdiction in which you reside, for any reason, by updating the prices set forth on the applicable portion of SPECTACULAR TV Services. If we increase the price of the SPECTACULAR TV Subscription Service, we will provide you with prior written notice. If you do not wish to keep your subscription at the increased price, you may cancel your Subscription Service within 30 days of the date of our notice. If you experience any issues cancelling, please email us at tv@fsspectacular.com your username and the email address you signed up with.

c. Payment Methods Accepted

We accept Visa, MasterCard, American Express, and Discover credit cards, and Visa debit cards as forms of payment (the "Payment Method"), subject to certain restrictions, including, without limitation, territory restrictions, bank/payment card restrictions, spending limits, third party service provider restrictions or otherwise, which may prevent the processing of your order. If a payment card company is being used for a transaction, SPECTACULAR TV may obtain a pre-approval from the applicable payment card company for an amount up to the amount of the order. For certain Payment Methods, the issuer may charge a foreign transaction fee. Refer to your Payment Method issuer for further information. 

d. Payment for Subscription Services

You can find the specific details regarding your subscription to SPECTACULAR TV Services at any time by clicking on "My Account".

By starting Subscription Services, you authorize us to charge you the Subscription at the then-current rate, and any other charges you may incur in connection with your use of SPECTACULAR TV Services, to the payment method you provide during registration of the Subscription Service (or to a different payment method if you change your account information). You permit us to store your payment information as needed to facilitate the billing.

We will bill your Subscription Fee per the billing period described when you initiate the subscription ("Billing Period"), unless and until you cancel your subscription. We automatically bill your payment method on the calendar day corresponding to the beginning of your Billing Period.

If you change your payment method, this could result in changing the calendar day upon which you are billed. If your paid subscription begins on a day not contained in a given month, and your Billing Period is every month, your Payment Method will be billed on the last day of such month. For example, if your paid SPECTACULAR TV Services subscription starts on March 31st, your next payment date is April 30th, and your payment method would be billed on that date.

You acknowledge that the amount billed each Billing Period may vary for reasons that may include differing amounts due to promotional offers, and you authorize us to charge your Payment method for such varying amounts.

If you want to change or update your payment method, visit “My Account” in the SPECTACULAR TV Services. If your payment method expires and you do not update or change your payment method or cancel your Subscription, you authorize us to continue billing your payment method, and you remain responsible for any uncollected amounts.

e. Unpaid Amounts

We reserve the right to pursue any amounts you fail to pay in connection with your purchase of SPECTACULAR TV Services. You will, to the extent allowed by law, remain liable to SPECTACULAR TV for all such amounts and all costs we incur in connection with the collection of these amounts, including, without limitation, collection agency fees, reasonable attorneys' fees, and arbitration or court costs.

6. Free Trials

On occasion, we may offer free trial subscriptions to qualified users. If we offer you a free trial, the specific terms of your free trial will be presented to you before or during sign-up. Restrictions and limitations on eligibility may apply.

If the free trial converts to a paid subscription subject to the terms presented to you prior to or during sign up, you authorize us to begin billing your payment method for the subscriber fee at the end of the free trial period of your subscription unless you cancel prior to the end of the free trial period. We may pre-authorize your payment method, and you authorize us to do so. In some instances, your available balance or credit limit may be reduced to reflect the authorization; however, no charges will be made against the payment method if you cancel prior to the end of your free trial period. IF YOU CANCEL PRIOR TO THE END OF YOUR FREE TRIAL, THERE WILL BE NO CHARGES TO YOUR PAYMENT METHOD. 

7. Advertisements and Third-Party Links

SPECTACULAR TV Services may include or display URLs, hyperlinks, or other similar technologies that, if used, will redirect you to websites, mobile apps, or other services offered by third parties that we do not control. We do not necessarily verify or endorse, or recommend that you access, these platforms and we do not provide any guarantees to their web content, services, or products. The platforms may be permitted to use our logos, other trademarks, or other information that identifies us, but this doesn’t mean that we endorse the platforms. Unless we expressly state otherwise, we are not responsible for the activities or data practices on third party platforms (including privacy practices and policies) or any goods and services available in connection with the third-party platforms. By making third-party services available to you, we do not, to the extent permitted by applicable law, assume any obligations, responsibility or liability for the practices of such third parties.

So, we encourage you to read the terms and conditions and privacy policy of each third-party platform that you visit.

8. User Registration

You may need to become a registered User of SPECTACULAR TV Services in order to access and use certain content, features, and functionality on the SPECTACULAR TV Services. If you choose to become a registered User, you must create a unique username and password combination ("User Credentials") and provide certain additional information.

You are responsible for protecting and maintaining the confidentiality of your User Credentials. You may be responsible and liable for access to or use of the SPECTACULAR TV Services—including uses that may incur fees—by any person or entity using your User Credentials, whether or not you have authorized such access or use. We are not responsible or liable for any loss or damage arising from your failure to maintain the confidentiality of your User Credentials. You must immediately notify us if and when you become aware of, or reasonably suspect, any unauthorized use of your User Credentials or any other breach of security by emailing us at tv@fsspectacular.com. To help protect you and SPECTACULAR TV Services, if we have a reasonable belief that a person or entity is engaging in unauthorized use of your User Credentials, we may deny access, use and registration privileges to that person or entity.

9. Your Use of the SPECTACULAR TV Services

We want to keep the SPECTACULAR TV Services safe and fun for everyone. We do not permit unlawful or harmful use of the SPECTACULAR TV Services. Accordingly, you represent, warrant and agree that:

• You are 18 years of age or older, or the age of majority in your province, territory, or country, if you are registering as a User on SPECTACULAR TV Services. If you are under the age of 18, or applicable age of majority, you may use SPECTACULAR TV Services only with the consent of a parent or legal guardian, under the account of such parent or legal guardian and subject to these Terms of Use.

• In cases where you have authorized a minor to use the Site, you are fully responsible for: the online conduct of such minor; controlling the minor's access to and use of the Site; and the consequences of any use or misuse by the minor.

• You are responsible for ensuring that all persons who access Content using your User Credentials are aware of these Terms of Use and that they comply with them;

• You must not violate any applicable law, rule, or regulation when using SPECTACULAR TV Services, and you must comply with these Terms of Use. You agree that you will not engage in or encourage conduct that would violate any applicable law, rule, regulation, judicial or government order or treaty, or give rise to civil liability or violate or infringe upon any intellectual property, proprietary, privacy, moral, publicity, or other rights of ours or of any other person or entity.

• You will make timely and satisfactory payment for any Content purchased by you on or in connection with SPECTACULAR TV Service. You agree that all of the payment information that you provide is truthful and accurate. If we suspect that the payment information that you have provided is untrue, inaccurate, not current, or incomplete, we may, to the extent permitted by law, suspend or terminate your current and future access to SPECTACULAR TV Services without liability or obligation to you or any third party.

• Some Content on SPECTACULAR TV Services may be protected by technologies (commonly known as Digital Rights Management technology) or rules. These technologies may limit or restrict access and use of the Content. You understand that these technologies are in place to protect the intellectual property rights of the Content producers, SPECTACULAR TV, and our business partners and licensors. Accordingly, you agree that you will respect and will not attempt to violate any technologies or rules that protect Content, and that you will not and will not assist or encourage anyone to modify, reverse engineer, decompile, or disassemble software used to provide the SPECTACULAR TV Services, or create any derivative works from or of such software.

• You will not intentionally or unintentionally engage in or encourage conduct that affects adversely or reflects negatively on SPECTACULAR TV, the SPECTACULAR TV Services, our goodwill, name, or reputation. You also agree not to discourage any person or entity from using SPECTACULAR TV Services or doing business with us.

• You will not use SPECTACULAR TV Services for commercial or business reasons, including pyramid schemes or exploiting information or material obtained in connection with SPECTACULAR TV Services. This includes linking with another website or mobile application and all forms of compensation.

• You will not solicit usernames, passwords, or other personal information of SPECTACULAR TV Services Users for your personal gain or for unlawful purposes. This includes the collection and use of information for spamming, flooding, harvesting of email addresses or other personal information, "spidering", "screen scraping", "phishing", "database scraping", or any other activity with the purposes of obtaining lists of Users or other information.

• You will not cause SPECTACULAR TV Services to be affected with malware, including software viruses, spyware, Trojan horses or other computer code, files or programs designed to interrupt, impair, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Similarly, you agree that you will not otherwise affect the normal operations of SPECTACULAR TV Services by, for example, causing the modification, disruption, impairment, or interference with the use, features, function, operation or maintenance of the SPECTACULAR TV Services or the rights or use of SPECTACULAR TV Services by others.

• You will not impersonate any person or entity while using SPECTACULAR TV Services: You agree that you will not impersonate or falsely state or represent your affiliation with a person or entity, or provide us or other SPECTACULAR TV Services Users with false or misleading indications of origin.

• You will post or transmit only appropriate content on SPECTACULAR TV Services and content that you have a legal right to post or transmit : Some features of the SPECTACULAR TV Services may allow you to submit, post, email, display, transmit, or otherwise make available content or materials (“User Postings”). We strive to keep the SPECTACULAR TV Services a safe and fun environment for Users. You will not post or transmit content or materials that we, in our sole discretion, believe to be unlawful, harmful, threatening, abusive, tortious, defamatory, libellous, deceptive, fraudulent, invasive of another’s privacy or publicity rights, harassing, profane, obscene, vulgar or that contains explicit or graphic imagery, descriptions or accounts of excessive violence or sexual acts contains a link to an adult website or is patently offensive, promotes racism, bigotry, hatred or physical harm of any kind against any group or individual. 

• You will not post or transmit content or materials that you do not have a right to make available under any law, rule or regulation or contractual or fiduciary relationships, or otherwise creates a security or privacy risk for any other person or entity. For example, you may not post or transmit proprietary or confidential information subject to a non-disclosure agreement or employer confidentiality agreement on or through the SPECTACULAR TV Services.

• If you have a reasonable belief that a post or transmittal by another User violates these Terms of Use, please contact us at tv@fsspectacular.com. We reserve the right, but have no obligation to, remove User-submitted content that we, in our sole discretion, believe may violate these Terms of Use.

• You understand that by using SPECTACULAR TV Services, you may encounter Content that you might find offensive, indecent, or objectionable, and that this Content may or may not be flagged as potentially objectionable. Any Content types, ratings, and descriptions are only provided for convenience, and we do not guarantee their accuracy or availability. You understand that you are using SPECTACULAR TV Services at your sole risk and that we have no liability to you in connection with any Content you find to be offensive, indecent, or otherwise objectionable.

• If you encounter User-created content that you have a reasonable belief to be objectionable and in violation of these Terms of Use, please contact us at tv@fsspectacular.com.

We reserve the right to investigate and take appropriate legal action against anyone who, as determined in our sole discretion, violates, or is suspected of violating, these Terms of Use, including, without limitation, reporting you to law enforcement authorities.

10. Our Intellectual Property Rights

We own or license all right, title and interest in and to SPECTACULAR TV Services. All content contained in or made available through SPECTACULAR TV Services is protected by copyright, trade secret, and other applicable intellectual property laws, rules, regulations and treaties. The content includes, without limitation, all films, video, audio/visual content, music (including the musical compositions therein), artwork, photographs, illustrations, graphics, logos, copy, text, computer code, software, data, user interfaces, visual interfaces, information, materials, and all copyrightable or otherwise legally protectable elements of SPECTACULAR TV Services, including, without limitation, the design, selection, sequence, look and feel, and arrangement of the SPECTACULAR TV Services, and any copyrights, trademarks, service marks, trade names, trade dress, patent rights, database rights and/or other intellectual property and/or proprietary rights therein (including with respect to any content contained and/or made available in any advertisements or information presented to you via the SPECTACULAR TV Services). Unless the context clearly requires otherwise or we explicitly set forth in writing, the term "SPECTACULAR TV Services" includes such content.

You may use SPECTACULAR TV Services only for your non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes. You must not alter, delete or conceal any copyright, trademark, service mark or other notices contained on the SPECTACULAR TV Services, including, without limitation, notices on any Content you transmit, download, display, print, stream or reproduce from SPECTACULAR TV Services. Except as expressly authorized by SPECTACULAR TV, you shall not, nor shall you allow any third party (whether or not for your benefit or otherwise) to, reproduce, modify, create derivative works from, display, perform, communicate to the public, make available, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website or platform), or otherwise use, any Content without the express, prior written consent of SPECTACULAR TV or its owner if SPECTACULAR TV is not the owner. Any unauthorized or prohibited use of any Content may subject you to civil liability, criminal prosecution, or both, under applicable laws, rules, regulations and treaties. We require users to respect our copyrights, trademarks, and other intellectual property rights and shall aggressively enforce the same to the fullest extent of the law, including seeking criminal prosecution. We likewise respect the intellectual property of others. If you believe that the SPECTACULAR TV Services contain elements that infringe your intellectual property rights, please follow the procedures set forth in Section 11 below.

11. Copyright and Intellectual Property Claims

If you believe that content available through the SPECTACULAR TV Services infringes upon your copyright or other intellectual property rights, you may submit a notification by providing our Copyright Agent (set forth below) with the following information in writing:    

    • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

    • Identification of the work claimed to have been infringed, or, if multiple works on the SPECTACULAR TV Services are covered by a single notification, a representative list of such works on the SPECTACULAR TV Services;

    • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;

    • For each work, identification of the infringement that is claimed, which country or countries the work is being infringed, as well as the date and time of the infringement;

    • Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if applicable, e-mail address;

    • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or intellectual property owner, its agent or the law; and

    • 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 of an exclusive right that is allegedly infringed.

Written notification of claimed infringement must be submitted to the following Copyright Agent:  tv@fsspectacular.com

If access to your content has been disabled or your content was removed and you believe such content is not infringing, you may send a counter-notice containing the following information to our Copyright Agent:     

    • Your physical or electronic signature;

    • Identification of the content that has been removed or to which access has been disabled and • the location at which the content appeared before it was removed or disabled;

    • A statement that you have a good faith belief that the content was removed or disabled as a result of a mistake or a misidentification of the content; and

    • Your name, address, telephone number, and, if applicable, e-mail address, and a statement that you shall accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by our Copyright Agent, SPECTACULAR TV may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the owner files an action seeking a court order against the content provider or the User, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at SPECTACULAR TV’s sole discretion.

12. Customer Support

For assistance with billing questions, technical issues, order inquiries, or other issues related to SPECTACULAR TV Services, please reach out to our customer service support by tv@fsspectacular.com.

13. Personal Information

We respect your privacy and the use and protection of your personally identifiable information. In the course of your use of SPECTACULAR TV Services, you may be asked to provide certain information about yourself to us. Our information collection and use policies with respect to the privacy of your information are set forth in our Privacy Policy, incorporated herein. We encourage you to read the Privacy Policy, and to use it to help make informed decisions.

14. Assignment

These Terms of Use are personal to you, and any rights, licenses and privileges granted herein, may not be transferred or assigned by you without our consent. We may assign or transfer our rights, licenses, and privileges without restriction and without notice to you, provided such assignment or transfer does not affect your rights under these Terms of Use and complies with applicable laws.

15. Indemnity

You agree to defend, indemnify and hold SPECTACULAR TV, its successors and assigns, directors, officers, employees, representatives, agents, licensors, advertisers, suppliers and operational service providers harmless from any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees) (collectively, "Claims"), arising in any way out of or in connection with (a) your use of SPECTACULAR TV Services, (b) your breach or violation these Terms of Use or (c) your User Postings. SPECTACULAR TV reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with SPECTACULAR TV’s defence of such Claim.

16. DISCLAIMER AND LIMITATIONS OF LIABILITY

TO THE EXTENT PERMITTED BY APPLICABLE LAWS, THE SPECTACULAR TV SERVICES, AND ALL CONTENT, PRODUCTS, SERVICES AND USER POSTINGS ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THAT THE SPECTACULAR TV SERVICES WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS, SERVICES OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. ALL IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS RELATING TO THIS SITE, AND ALL CONTENT, PRODUCTS, SERVICES AND USER POSTINGS ARE HEREBY DISCLAIMED.

Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of SPECTACULAR TV Services. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of SPECTACULAR TV Services, including, without limitation, User Postings and Content associated with your use of SPECTACULAR TV Services.

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, SPECTACULAR TV, ITS AFFILIATES, PARENT, SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS AND SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF SPECTACULAR TV SERVICES OR FROM THESE TERMS OF USE, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES.

You further understand and acknowledge the capacity of SPECTACULAR TV Services, in the aggregate and for each User, is limited. Consequently, some messages and transmissions, including, without limitation, User Postings, may not be processed in a timely fashion or at all, and some features or functions may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that SPECTACULAR TV assumes no liability, responsibility or obligation to transmit, process, store, receive or deliver transactions or User Postings or for any failure or delay associated with any User Postings and you are hereby expressly advised not to rely upon the timeliness or performance of the Site for any transactions or User Postings.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

We do not attempt to exclude or limit in any way our liability to you where it would be unlawful for us to do so. In the UK, this includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentations or for defective products under the Consumer Protection Act 1987.

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

17. Electronic Signature and Contracts

When you use SPECTACULAR TV Services, you can enter into agreements and make purchases electronically. You agree to the use of electronic records and signatures in association with the SPECTACULAR TV Services. Your agreement and intent to use electronic records and signatures applies to all transactions you enter into on the Service Services, including without limitation and to the full extent allowed by law, notices of cancellation, policies, contracts, and applications. If you do not wish to use electronic records and signatures, do not use SPECTACULAR TV Services.

You may have a legal right to receive certain information from us in writing. You agree that we may use e-mail and other electronic means to provide you with such information as well as for other communications. To access and retain this information you will need to provide us with an active e-mail account, and you must have an Internet-connected device that is capable of receiving HTML e-mails and a method of storing or printing those e-mails. You may have a legal right to receive paper copies of certain notices. To receive such copies, contact us at tv@fsspectacular.com. 

You confirm that you have the ability to access and retain e-mails.

18. Miscellaneous

These Terms of Use, together with any Additional Terms, Rules, our Privacy Policy, and any other regulations, procedures and policies which we refer to and which are hereby incorporated by reference, contain the entire understanding and agreement between you and SPECTACULAR TV concerning SPECTACULAR TV Services and supersedes any and all prior or inconsistent understandings relating to SPECTACULAR TV Services and your use thereof. To the extent that there is a conflict between these Terms of Use and the Additional Terms or Rules for the activity in which you choose to participate, the Additional Terms and/or Rules shall govern.

These Terms of Use cannot be changed or terminated orally.

If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, this shall not affect any other provisions and these Terms of Use shall be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of these Terms of Use.

No action arising out of these Terms of Use or your use of SPECTACULAR TV Services, regardless of form or the basis of the claim, may be brought by you more than one year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose), unless otherwise provided by law. These Terms of Use and your use of SPECTACULAR TV Services are governed by, construed and enforced in accordance with the Swiss law.

You specifically agree and submit to the non-exclusive jurisdiction and venue of the Swiss courts situated in the Canton of Geneva and agree you shall not object to such jurisdiction or venue.

IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SITE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.

YOU MAY ALSO BE ENTITLED TO CERTAIN CONSUMER PROTECTION AND OTHER RIGHTS UNDER THE LAWS OF YOUR LOCAL JURISDICTION.

These Terms of Use were last modified on the date indicated above and are effective immediately.

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