TERMS OF USE.

TERMS OF USE.

Welcome to the Povte.com website! PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING, USING OR VISITING THE SITES AND/OR SERVICES, OR ANY PART THEREOF, YOU AGREE TO FOLLOW AND BE BOUND BY THESE TERMS OF USE AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT ACCESS, USE OR VISIT THE SITES AND/OR SERVICES, OR ANY PART THEREOF.NOTE: THESE TERMS OF USE CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS OF USE AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH Povte. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW. ALSO, THESE TERMS OF USE SET FORTH SPECIFIC REMEDIES AVAILABLE TO YOU. PLEASE SEE SECTIONS 24, 25, 26, 28 AND 30, BELOW, TO LEARN MORE.

We here at Povte Brands (hereinafter, “we,” “us,” “our,” “ourselves,” “Povte Brands” or “Povte”) are thrilled you are here!

These Terms and Conditions of Use (hereinafter “Terms of Use”) apply to your access to and/or use of the websites, microsites, mobile applications, and other online services of Povte and our brands and lines of business that expressly adopt, and display or link to, these Terms of Use (collectively, the “Sites”). These Sites include, without limitation, our website located at https://povte.com. Please read these Terms of Use carefully before using any of our Sites and/or Services.

Your access to and use of the Sites and Services (defined below) is conditioned upon your acceptance of and compliance with these Terms of Use. These Terms of Use apply to all visitors, users and others who wish to access or use the Sites and/or Services.

Through the Sites, you may access to a variety of resources and content. These may include: (a) access to our software incorporated into and/or through our Sites (“Software”); (b) any content uploaded to, on or through the Sites, including but not limited to data, messages, text, images, photographs, graphics, audio and video (collectively, “Content”); (c) any systems used in connection with the Sites to upload, download, share, email, post, publish, transmit or otherwise access or make available Content, including, without limitation, discussion groups, chat areas, bulletin boards, blogs, etc. (“Systems”); and (d) any other services that we provide and that are used in connection with the Sites (“Site Services”), including, without limitation, any Subscription Services (as defined in Section 14 below). Collectively, Software, Content, Systems, Subscription Services and Site Services shall be referred to hereinafter as “Services”.

The following Terms of Use constitute a legal agreement between you and Povte Brands concerning your access to and/or use of the Sites and/or Services, or any part thereof. We may revise the Terms of Use at any time without notice to you. The revised Terms of Use will be effective when posted at this location. Your continued access of the Sites and/or Services after such posting constitutes your consent to be bound by the Terms of Use, as amended.

User Responsibilities.

You are responsible for your use of the Sites and Services, and for any information you provide to, on or through the Sites and/or Services, or any part thereof. You are also responsible for any consequences resulting indirectly or directly from your use of the Sites and/or Services, or any part thereof. In connection with your use of the Sites and/or Services, or any part thereof, you acknowledge and agree that you shall not:

copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information obtained through the Sites and/or Services, or any part thereof;
access the Sites and/or Services, or any part thereof, by any means other than through the standard industry-accepted or the provided interfaces;
transmit any Content and/or make any Posts (as defined in Section 14 below) or otherwise use the Sites and/or Services in any way that: is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; may invade another’s right of privacy or publicity; is sexually explicit (e.g., pornography) or proposes a transaction of a sexual nature; exploits minors; depicts animal cruelty or extreme violence towards animals; is hateful, or discriminatory or incites hatred against any individual or group; promotes or supports terror or hate groups;
impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with such a person or entity;
create an Account for someone else unless you have their express permission;
attempt to create Account or access or collect information in unauthorized ways;
anything unlawful, misleading, or fraudulent or for an illegal or unauthorized purpose, including, without limitation, providing false or misleading claims about vaccination safety; promoting fraudulent or dubious business schemes or proposes an unlawful transaction; or provides instructions on how to assemble explosive/incendiary devices or homemade/improvised firearms;
attempt to buy, sell, or transfer any aspect of your Account (including your username) or solicit, collect, or use login credentials or badges of other users;
post or transmit any Content that contains a virus or corrupted data, use the Sites and/or Services, or any part thereof, in any manner that could damage, disable, overburden or impair our servers or networks, or interfere with any other user’s use and enjoyment of the Sites and/or Services, or any part thereof;
delete any author attributions, legal notices or proprietary designations or labels associated with any Content that you upload to, on or through the Sites and/or Services, or any part thereof;
violate any applicable local, state, national or international law, including, but not limited to, uploading or transmitting any Content, Posts (as defined below) or other materials that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
manipulate or otherwise display the Sites and/or Services, or any part thereof by using framing or similar navigational technology; or use the Sites and/or Services, of any part thereof, for any purpose that is unlawful or prohibited by these Terms of Use;
violate the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;
use technology or other means to access, index, frame or link to the Sites and/or Services (including the Content) that is not authorized by Povte (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 Services);
access the Sites and/or Services (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 Sites and/or Services and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content;
introduce 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;
damage, disable, overburden, impair, or gain unauthorized access to the Sites and/or Services, including Povte’s servers, computer network, or user accounts;
removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the Sites and/or Services (including the Content);
use the Sites and/or Services to advertise or promote services that are not expressly approved in advance in writing by Povte;
collects information in violation of our Privacy Policy;
encourage conduct that would constitute a criminal offense or give rise to civil liability;
interferes with any other party’s use and enjoyment of the Sites and/or Services;
violate these Terms of Use, the terms of any applicable SaaS Agreement, Subscription Services Agreement and/or Purchase Terms (as those terms are defined below), and/or any other guidelines or policies posted by Povte; and/or
attempt to do any of the foregoing.

If Povte determines in its sole discretion that you are violating any of these Terms of Use, we may (i) notify you, and (ii) use technical measures to block, restrict or terminate your access or use of the Sites and/or Services. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the Sites and Services, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.

Access to Services; Accounts

You may be required to create an account (an “Account”) and become a registered user in order to fully access all of the features of the Sites and/or Services. In such cases, users of our Sites and/or Services may be required to obtain a unique login and password and may be required to agree to the terms of a Software–As–A–Service Agreement (“SaaS Agreement”) as it relates to use of Software and/or a Subscription Services Agreement (as defined in Section 14 below) as it relates to use of our Subscription Services (as defined in Section 14 below). Prior to using the Software and/or Subscription Services, you must first agree to the terms and conditions governing such use by clicking on the “I AGREE” (or similar prompt) to evidence your acceptance of these Terms of Use as well as the SaaS Agreement and/or Subscription Services Agreement, as the case may be.

Users may also be required to agree to the terms of use for other third-party software, if any, incorporated into the Sites and/or Services (“Third–Party Software”). Povte is not responsible in any manner for any Third-Party Software provided on or through the Sites and/or Services or for any changes or updates to such Third-Party Software. Povte has no control over, and assumes no responsibility for the content, privacy policies, or practices of any such Third-Party Software. We do not warrant the offerings of any of such Third–Party Software or the entities/individuals that own or operate them. YOU BEAR ALL RISK ASSOCIATED WITH YOUR ACCESS TO, AND USE OF, SUCH THIRD-PARTY SOFTWARE.

If, to the extent permitted by Povte from time to time, you grant express permission to a third party to access or connect to your Account, either through the third party’s product or service or through the Sites and/or Services, you acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under these Terms of Use. You are fully responsible for all acts or omissions of any third party with access to your Account. Further, you acknowledge and agree that you will not hold Povte responsible for, and will indemnify Povte from, any liability arising out of or related to any act or omission of any third party with access to your Account. You may change or remove permissions granted by you to third parties with respect to your Account at any time through the Account settings page on the Site.

Age Restriction – Children’s Privacy

We are committed to protecting the privacy of children. You should be aware that the Sites and Services are not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.

You must be at least 18 years old to create an Account and/or use the Sites and/or Services. The Sites and Services, and every part thereof, is intended for adults only and is not intended for any children under the age of 18. We do not knowingly allow anyone under the age of 18 to create Accounts that allow access to the secured features of the Sites and/or Services.

Privacy

Any information that you provide to us is subject to our Privacy Policy, which governs our collection and use of your information and is incorporated herein by reference. You understand that through your use of the Sites and/or Services you consent to the collection and use of this information, as set forth in the Privacy Policy.

Purchases

We may charge fees associated with certain aspects of the Sites and/or Services, including, without limitation, for memberships, subscriptions or the download of apps, products and/or additional features. Such products or services, if any, will be made available for purchase on specified pages of the Sites, or otherwise as indicated on or through the Sites and/or Services. In the event of any fee changes by us, we will provide you with commercially reasonable notice of such charge.

If you wish to purchase any product or service made available through the Sites and/or Services (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. Please refer to our Privacy Policy as to how credit card information you supply on or through the Sites and/or Services is transmitted via secured methods, such as Secure Socket Layer (SSL) technology or other similar encryption methods.

When you provide credit card information to us, you represent and warrant that: (i) you are the authorized user of the credit card that is used for the Purchase; (ii) you have the legal right to use any credit card(s) or other payment method(s) in connection with any such Purchase; and that (iii) the information you supply to us is true, correct and complete.

You agree to promptly notify us of any changes to your credit card account number, its expiration date and/oryour billing address, and you agree to promptly notify us if your credit card expires or is canceled for any reason. You will have ten (10) business days to accept any new fees. In the event that you fail to accept the new fees by written notice to us, your subscription, plan, or other ongoing, paid-for products and/or services on or through the Sites and/or Services, as applicable, may be immediately terminated. We reserve the right to collect applicable taxes and impose premium surcharges for certain products and/or services on or through the Sites and/or Services.

The Sites and/or Services may employ the use of third–party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

If you order a subscription, each month that you use the Sites and/or Services, or any part thereof, you agree and reaffirm that we are authorized to charge your credit card for the applicable subscription fee. For more information about subscription services that we offer, as well as the terms and conditions of such subscription services, please refer to Section 14 (“Subscription Services”) below.

We assume no liability for purchaser error, trial versions, software purchased for the wrong telephone, device or platform, promotion codes or discounts not provided at the time of purchase, or any purchased item (“Purchaser Errors”). We will not be liable for any errors on billing statements issued to you by your carrier. You accept full responsibility for confirming that the phone or other device manufacturer, phone or other device model, and carrier are supported and that the phone or other device is compatible to the products or services purchased, downloaded or otherwise obtained by you through the Sites and/or Services. Although we will make commercially reasonable efforts to help you obtain the proper software for your telephone, device or platform, we will not be liable or responsible for any Purchaser Errors.

In no event will we be liable for any defects or other problems associated with downloads or purchases on or through the Sites and/or Services. Notwithstanding anything to the contrary herein, we accept ABSOLUTELY NO RETURNS on software downloads. Please read the system requirements very carefully before making any Purchases.

Purchases may be subject to additional terms of purchase and/or policies that we provide on or through our Sites and/or Services (“Purchase Terms”).

Shipping and Handling

For products sold on our Sites and/or through our Services, the following terms and conditions for shipping and handling apply:

In stock, non-pre-order items shipping to addresses within the United States are sent by UPS or US Mail (USPS) depending on weight and usually take 7-10 business days to arrive, or depending on the shipping method that you choose.

Orders received over the weekend and/or on holidays will be processed the following business day. We will notify you if any item can’t be shipped within 30 days and you will be given the option to cancel your order.

Shipping costs are determined by the size, weight, shipping method and delivery address of your order.  You will see your actual and total shipping costs at checkout before you are asked to provide your payment information.

Shipments are processed Monday-Friday within 1-3 days of the order being placed. All orders placed on Friday, including expedited shipping, will dispatch the following Monday (excluding holidays).  Transit time includes weekdays only and does not include weekends or holidays.  We will notify you if any item cannot be shipped within 30 days and you will be given the option to cancel your order.

Risk of Loss

All of your purchases of our products made on or through or Sites and/or Services are made pursuant to a shipment contract. This means that the risk of loss and title for such items will pass to you upon delivery to the carrier.

Return/Refund Policy

For products sold on our Sites and/or through or Services, the following terms and conditions for shipping and handling apply:

All sales are FINAL, and all purchases made on or through the Sites and/or Services are NON-REFUNDABLE. Purchases are not eligible for return or exchange unless damaged, defective, or merchandise is incorrectly shipped or missing.

If you have received damaged, defective or incorrectly shipped merchandise, please notify our customer service team at info@povte.com. Please note if an item appears to be damaged/defective, supporting documentation may be asked in order complete an exchange or replacement.  On these returns, original shipping and handling charges are not refundable.

If you have any further questions regarding this policy, do not hesitate to contact us – please see Section 38 (“Contact Us”) below.

International Orders

All international customers must be aware of the customs and importation laws for their respective country. Furthermore, all duties, taxes, and VAT fees are not covered by us and our customers are responsible for these payments. Povte is not responsible for any packages that are seized or stopped by the authorities, or any fees that are required for international duties, purchases and/or shipments. In other words, as a consumer who chooses to purchase and have products shipped to a country outside of the United States, you are taking responsibility for your purchase, and acknowledging that you are aware of the laws pertaining to such shipments. Please contact your local authorities for more rules and regulations in regards to the purchase of products shipped to a county outside the United States.

Taxes

It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct through the Site and/or Services, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities. Your transaction history is available through your Account. In accordance with applicable law, Povte may collect sales tax on orders shipping within or to certain jurisdictions, including the following states: California. Povte is not responsible for additional taxes and tariffs on international shipments.

Availability, Errors and Inaccuracies

We are constantly updating product and service offerings on the Sites and Services. We may experience delays in updating information on the Sites and/or Services and in our advertising on other web sites. The information found on the Sites and/or Services may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Sites and/or Services and we cannot guarantee the accuracy or completeness of any information found on the Sites and/or Services.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Contests, Sweepstakes and Promotions

Any contests, sweepstakes, surveys, or other promotions (collectively, “Promotions”) made available through the Sites and/or Service may be governed by rules that are separate from these Terms of Use. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Use, the Promotion rules will apply.

We may rely on the expertise of third-party service providers to run sweepstakes, contests, surveys, and/or other promotions. Navigation to sites operated by such third-party service providers may be seamless so that it appears you are still using our Sites and/or Services. In these cases, the third-party’s privacy policy may apply to any personal information you elect to provide in connection with any such sweepstake, contest, survey, or other promotion. Therefore, please take note of who is running the sweepstake, contest, survey, or other promotion in question; and the terms, conditions, and policies that apply.

Social Networking and Other Third-Party Sites and Services

We may at times facilitate easy access to third-party sites and online services, like social networks and other services that host user-generated content (“Social Networks”). This may include easy click-through access, the ability for you to share content on third-party services, or even “single sign-on” to these services. The third-party’s privacy policy applies to any information or content you provide through these services related to arising out of Social Networks.

Povte has no control over, and assumes no responsibility for the content, privacy policies, or practices of any such Social Networks. We do not warrant the offerings of any of such Social Networks or the entities/individuals that own or operate them. YOU BEAR ALL RISK ASSOCIATED WITH YOUR ACCESS TO, AND USE OF, SUCH SOCIAL NETWORKS.

Subscription Services

Users of the Sites and/or Services may be able to utilize certain subscription services (“Subscription Services”) that we offer, including, but not limited to: (a) providing an online video service which gives users the opportunity to select from various offerings of live and on-demand programming, including television shows, movies, clips, and other content that is not available for the public to view (collectively, the “Exclusive Content”); and (b) providing access to online forums (“Forums”) where subscribers of the Subscription Services (“Subscribers”) can interact with one another as it relates to such Exclusive Content

Use of the Subscription Services (including access to the Exclusive Content and the Forums) is subject to you: (i) registering as a Subscriber and selecting the applicable Subscription Services you wish to use or otherwise access (a “Subscription”), (ii) complying with these Terms of Use and our Privacy Policy as well as with any end user license agreement or other agreement that might accompany and/or apply to the applicable Subscription Service, including, without limitation any SaaS Agreement and/or any subscription services agreement and/or policy that we provide as it relates to our Subscription Services (“Subscription Services Agreement”); (iii) having Internet access and a Compatible Device (as defined below); and (iv) providing us with one or more Payment Methods (as defined below). Your Subscription will continue and automatically renew until terminated.

For the purposes of these Terms of Use, the term “Subscription Services” shall be incorporated into and made part of the term “Services” as used herein.

License. We offer a non-exclusive limited license to use the Subscription Services, including accessing and viewing the Exclusive Content on a streaming-only basis through an online video player for viewing the Exclusive Content (the “Video Player”) for personal, non-commercial purposes as set forth in these Terms of Use. The periods during which Subscribers can view each piece of Exclusive Content and/or utilize the Video Player will vary based on the rights availability of such Exclusive Content and/or Video Player and the terms of his or her Subscription, including, without limitation, any applicable SaaS Agreement and/or Subscription Services Agreement.

Usage Rules and Limitations. You may only access and view the Exclusive Content, as well as utilize the Subscription Services, if you become a Subscriber and establish a Subscription and such use must be personal and for a non-commercial purpose in compliance with these Terms of Use and any applicable Subscription Services Agreement. You may not either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Exclusive Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Exclusive Content including geo-filtering mechanisms. You may not either directly or through the use of any device, software, internet site, web-based service, 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 Exclusive Content unless expressly permitted by the terms of your Subscription and if permitted by Povte in writing. You may not incorporate the Exclusive Content into, or stream or retransmit the Exclusive Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by Povte in writing. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Exclusive Content unless authorized by Povte. You may not build a business utilizing the Exclusive Content, whether or not for profit. The Exclusive 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 Exclusive Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless expressly permitted by Povte in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.

Content Subjectivity. The Exclusive Content tends to elicit varying reactions among different people. You may come across Content that you find offensive, indecent, explicit or objectionable. Also, Exclusive Content types, genres, categories, and descriptions are provided as suggestions to help with navigation, and Povte does not guarantee that you will agree with them. You acknowledge these risks.

Content Quality. Quality of the Exclusive Content, including resolution, may be affected by the format of the Exclusive Content, your location, the speed and bandwidth of your internet service, and the devices used, among other factors. HD and 4K Ultra HD availability for certain Exclusive Content depends on your internet service and device capabilities. The time it takes you to begin playing Exclusive 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 Exclusive Content you have selected, and the configuration of the device you are using. As a result, Povte is unable to make any warranties about the Exclusive Content in these respects.

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 users to view the Content without: (i) displaying visibly both the Video Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the Access Point(s) 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. The term “Access Points” refers to, collectively, one of our Sites, applications, and other places where any Services are available, including the Subscription Services and/or websites and applications of our third-party distribution partners and other websites where users or website operators are permitted to embed or have otherwise licensed the Video Player.

Embedding a Video Using the Video Player. Where there is an embed option in connection with Exclusive Content, 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 Povte (in Povte’ 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. Povte reserves the right to prevent embedding to any website or other location that Povte finds inappropriate or objectionable (as determined by Povte in its sole discretion).

Compatible Devices. In order to access the Subscription Services, 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”). Features and functionalities that we make available through the Subscription Services may differ by Compatible Device and the terms of your Subscription. For a current list of Compatible Devices, please contact us – please see Section 38 (“Contact Us”) below.

Internet Service and Data Usage. In order to access the Subscription Services, you must have a high-speed broadband, wireless or similar internet connection from an internet service provider that meets certain technical specifications. Please note that multiple simultaneous streams, as well as HD and 4K Ultra HD Exclusive Content, may require higher internet bandwidth. You are responsible for any costs associated with your internet service used to access the Subscription Services. Your use of the Subscription Services may count toward your data usage, depending on the terms of your agreement with your internet service provider.

Ownership. You agree that Povte owns and retains all rights to the Subscription Services. You further agree that the Exclusive Content you access and view as part of the Subscription Services is owned or controlled by Povte and/or Povte’ affiliates, partners and/or content programmers. The Subscription Services and the Exclusive Content are protected by copyright, trademark, and other intellectual property laws.

Subscriptions. While we may offer Exclusive Content from time to time for free, we charge a fee to access the Subscription Services. The Subscription Services may include different Exclusive Content offerings and features, with different benefits, conditions, and limitations.

Furthermore, we may offer a number of Subscription plans, including special promotional plans or memberships offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. Some Subscription plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. You can find the specific details regarding your Subscription at any time by logging into the applicable Site and viewing your Account details and/or by contacting us – please see Section 38 (“Contact Us”) below.

Billing. By providing a credit card or other payment method accepted by Povte (“Payment Method”) for your Subscription, you are expressly agreeing that we are authorized to charge you a periodic subscription fee on a recurring basis corresponding to the term of your Subscription and any other fees for additional Services you may purchase, and any applicable taxes and possible transaction fees in connection with your use of your Subscription 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 applicable Site and viewing your Account details and/or by contacting us – please see Section 38 (“Contact Us”) below. When you provide a Payment Method to access a Subscription, including in connection with any free trial offer we might provide, 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. Please refer to our Privacy Policy as to how credit card information you supply on or through the Sites and/or Services is transmitted via secured methods, such as Secure Socket Layer (SSL) technology or other similar encryption methods.

As used in these Terms, “billing” shall indicate either a charge or debit, as applicable, against your Payment Method. The Subscription fee will be billed at the beginning of your subscription or expiration of your free trial period, if any, whichever is earlier, and on each periodic renewal date thereafter unless and until you cancel your Subscription or the Account or Subscription Services is otherwise suspended or discontinued pursuant to these Terms of Use. To see the commencement date for your next renewal period, log in on the applicable Site and view your Account details and/or please feel free to contact us – please see Section 38 (“Contact Us”) below.

We automatically bill your Payment Method on the calendar day corresponding to commencement of your Subscription. Where applicable, charges may be prorated for any partial month of service. The interval of time between each recurring payment due date shall correspond to the term of your Subscription and be referred to herein as a “Billing Period.” In the event your Subscription 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 have a monthly Subscription and became a paying Subscriber on January 31, your Payment Method would next be billed on February 28. 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 Subscription, 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 Subscription, 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, we will begin billing your Payment Method for your Subscription 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.

NOTE: Povte reserves the right to change the terms of your Subscription, including price, from time to time, effective as of the beginning of your next Billing Period following the date of the change. If Povte changes the Subscription fee or other charges for your Subscription, 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 Povte determines it is appropriate (e.g., your access to the Subscription Services 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 Povte’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.

For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.

Ongoing Subscription and Cancellation. Your Subscription will continue in effect on a recurring basis corresponding to the term of your Subscription unless and until you cancel your Subscription or the Account or Service is otherwise suspended, discontinued or cancelled pursuant to these Terms of Use and/or any applicable Subscription Services Agreement. You must cancel your Subscription before your next renewal date in order to avoid the next billing. We will bill the periodic Subscription 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). In the event that you modify your Subscription during your Billing Period, you might not have continued access to your original Subscription Services.

You may cancel your Subscription at any time by deleting your Account. If you cancel your Subscription, cancellation will be effective at the end of the current Billing Period – this means that you will have continued access to your Subscription for the remainder of that period, but you will not receive a refund. You will also forfeit any service, referral, or redeemed gift card credits upon cancellation, including if you switch your billing from Povte to a third party. You can cancel your Subscription by logging into your Account and following the instructions on your Account page on the applicable Site or in the settings of our mobile application, if available, and/or please feel free to contact us – please see Section 38 (“Contact Us”) below. If you pay for the Subscription Services through your Account with a third party (e.g., Apple iTunes) and want to cancel your subscription or manage your billing, you may need to do so through your Account with such third party.

NOTE: We reserve the right, in our sole discretion, to cancel your Subscription or otherwise restrict your access to the Subscription Services for any reason, including, without limitation, your breach of these Terms of Use or any applicable Subscription Services Agreement.

Unpaid Amounts. It is important that each Subscriber honor the payment obligations to which the Subscriber agreed. Accordingly, we reserve the right, in our sole discretion, 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 Subscription. 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.

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

No Refunds. Notwithstanding anything to the contrary in these Terms of Use, payments for the Subscription Services are nonrefundable and there are no refunds or credits for partially used periods. Following any cancellation, however, you will continue to have access to the Subscription Services through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our Subscribers (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

Your Posts. As part of the Services, users may have an opportunity to publish, transmit, submit, or otherwise post (collectively, “Post”) reviews, comments, or other materials (collectively, “User Material”). In order to keep the Services enjoyable for all of our users, you must adhere to the rules below, as well as additional rules applicable to any Povte-hosted site.

Please choose carefully the User Material that you Post. Please limit yourself to User Material directly relevant to the Services. Moreover, you must not Post User Material that: (i) contains Unsuitable Material (as defined above in this Section 14); (ii) improperly claims the identity of another person; and/or (iii) otherwise violates these Terms of Use and/or any applicable SaaS Agreement or Subscription Services Agreement. Please note that if you Post User Material on Povte using a third–party service, such as a social network or email provider, your first and last name or other user 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 User Material you Post. By submitting User Material, you represent and warrant that you own the User Material or otherwise have the right to grant Povte the license provided below. You also represent and warrant that the Posting of your User 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 User Material. Povte will remove all User Material if we are properly notified that such User Material infringes on another person’s rights. You acknowledge that Povte does not guarantee any confidentiality with respect to any User Material.

By Posting User Material, you are not forfeiting any ownership rights in such material to Povte. After Posting your User Material, you continue to retain all of the same ownership rights you had prior to Posting. By Posting your User Material, you grant Povte a limited license to use, display, reproduce, distribute, modify, delete from, add to, prepare derivative works of, publicly perform, and publish such User Material through the Sites and Services and on other platforms and services worldwide, including on or through any Access Point, in perpetuity, in any media formats and any media channels now known or hereinafter created. Unless otherwise expressly agreed by you and Povte in writing, the license you grant to Povte is non-exclusive (meaning you are not prohibited by us from licensing your User Material to anyone else in addition to Povte), fully-paid, royalty-free (meaning that Povte is not required to pay you for the use of your User Material), and sub licensable (so that Povte is able to use its affiliates, subcontractors, and other partners, such as internet content delivery networks, to provide the Services). By posting your User Material, you also hereby grant each user of the Sites and Services a non-exclusive, limited license to access your User Material, and to use, display, reproduce, distribute, and perform such User Material as permitted through the functionality of the Services and under these Terms of Use.

Third Party Posts. Despite these restrictions, please be aware that some material provided by users may be objectionable, unlawful, inaccurate, or inappropriate. Povte does not endorse any User Material, and User Material that is Posted does not reflect the opinions or policies of Povte. We reserve the right, but have no obligation, to monitor User Material and to restrict or remove User Material that we determine, in our sole discretion, is inappropriate or for any other business reason, as permitted by law. In no event does Povte assume any responsibility or liability whatsoever for any User Material, and you agree to waive any legal or equitable rights or remedies you may have against Povte with respect to such User Material. You can help us tremendously by notifying us of any inappropriate User Material you find by emailing info@povte.com.com (subject line: “Inappropriate User Material”).

Unsolicited Submissions. It is Povte’s policy not to accept unsolicited submissions, including scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas, or concepts. Povte’s policy is to delete any such submission without reading it. Therefore, any similarity between an unsolicited submission and any elements in any Povte creative work, including a film, series, story, title, or concept, would be purely coincidental.

Third-Party Software and Third-Party Sites. We may use certain Third-Party Software and/or Third-Party Sites (as defined in Section 19 below), such as Vimeo, in order to enable Subscribers to access and/or utilize the Subscription Services and/or Video Player. The use of any such Third-Party Software and/or Third-Party Sites is subject to the terms and conditions imposed by the owners and/or operators of such Third-Party Software and Third-Party Sites. As stated elsewhere in these Terms of Use, we are not responsible for, and we do not warrant, any such Third-Party Software and/or Third Party Sites. YOU BEAR ALL RISK ASSOCIATED WITH YOUR ACCESS TO, AND USE OF, SUCH THIRD-PARTY SOFTWARE AND THIRD-PARTY SITES.

Intellectual Property Rights:

15.1. The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the “Content”) on the Website is owned and controlled by Povte or its licensors and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. Through Your use of the Website, by no means are any rights impliedly or expressly granted to You in respect of such Content. Povte reserves the right to change or modify the Content from time to time at its sole discretion.

15.2. The trademarks, logos and service marks displayed on the Website (“Marks”) are the property of Povte or their vendors/seller or respective third parties. You are not permitted to use the Marks without the prior consent of Povte, the vendor/seller or the third party that may own the Marks.

15.3 Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Povte owns all intellectual property rights to and into the trademark “Povte”, and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.

15.4. Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Povte or thirty party owner of such Content.

Third Party Content:

16.1 Third Party Content such as, music, videos product description and specifications, llinks to third party websites and other data from external sources is made available on the Website (“Third Party Content”) by entering into contracts with our partner content developers, and Povte holds all the rights and licenses to exploit those third party contents exclusively. You acknowledge that the Third Party Content provided to You is obtained from sources believed to be reliable. All Third Party Content is provided on an ‘As Is’ basis. Povte may not own / have the rights and title to any such Third Party Content, or provide any guarantee with respect to the accuracy, title, merchantability, non-infringement or fitness for a particular purpose of any Third Party Content. Povte shall not be held liable for any loss suffered by You based on Your reliance on or use of such Third Party Content.

16.2. In the event any Third Party Content contains links to third party websites, and You visit any such external link, You agree to do so at your own risk, responsibility and liability. Povte makes no warranty or representation regarding, and does not endorse, any website linked to the Website / Services or the information appearing thereon or any of the products or services described thereon.

Power of Attorney for Content Submitted on Povte

Through these Terms, the users who submit their content on the Povte website, on the basis of a contract or otherwise, shall award a special power of attorney in favor of Povte, conferring upon Povte Specific power and authority to act in the name and on behalf of the user as follows:

Copyright Infringement Complaints and Follow Up: Povte shall be empowered and authorized to file and submit copyright infringement complaints on any person or organization who illegally infringes the copyrights and any other Intellectuual Property Rights of the content submitted on Povte website by the User. And Povte shall also be empowered to make necessary follow ups on the submitted copyright infringement complaints on any person or organization;
Related and Ancillary Actions: To do all acts and things (including the signing of various documents relating to copyright infringement complaints including but not limited to any forms, notices, consents, instructions, agreements or other documents) as may be necessary or desirable in the sole option of the Attorney in order to stop the illegal commercial or otherwise exploitation of the content submitted on Povte and for the faithfully carrying out of the powers hereby granted.
Ratification: The user does hereby ratify and confirm all actions taken by Povte hereunder, and undertakes to ratify and confirm any and all actions to be taken by Povte within the scope of the authority conferred hereby.
Indemnity: The User hereby does further agree to indemnify and hold Povte hereunder harmless from and against any and all liabilities, damages, penalties, judgments, suits, expenses and all other costs of any kind or nature whatsoever imposed on, incurred by or asserted against the Povte in respect of the Povte ‘s action or failure to act hereunder.

Accounts and Password Security

When you create an Account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. You further agree to maintain and promptly update your registration information to keep it true, accurate, current and complete. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your Account on the Sites.

As a registered user, you must choose a unique username and password. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

You are responsible for maintaining the confidentiality of your Account and password, including, but not limited to, the restriction of access to your computer and/or Accoun, and maintaining adequate security and control of any and all IDs, passwords, hints, personal identification numbers (PINs), API keys or any other codes that you use to access the Sites and/or Services. Any loss or compromise of the foregoing information and/or your personal information may result in unauthorized access to your Account by third-parties and the loss or theft of any associated accounts, including your linked bank account(s) and credit card(s). You are responsible for keeping your email address and telephone number up to date in your account profile in order to receive any notices or alerts that we may send you. We assume no responsibility for any loss that you may sustain due to compromise of account login credentials due to no fault of Povte and/or failure to follow or act on any notices or alerts that we may send to you. In the event you believe your Account information has been compromised, contact us immediately – please see Section 38 (“Contact Us”) below.

You are solely responsible for the activities of anyone accessing the Sites and/or Services using your password and/or Account, even if the activities were not authorized by you. You agree to accept responsibility for any and all activities or actions that occur under your Account and/or password, whether your password is with our Sites and/or Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your Account and/or password. In addition, if you believe or suspect your Account and/or password have been compromised, you must promptly change your password using the functionality provided on the Sites.

We reserve the right to refuse service, terminate Accounts, remove or edit content, or cancel orders in our sole discretion.

Security

We have no way of knowing and will not be responsible or liable for any access to the Sites and/or Services, or any part thereof that is achieved through improper means. In addition, individuals using our Sites and/or Services, or any part thereof, must understand that the Internet is inherently insecure and no website operator can guarantee that a website is secure. We do not warrant that the Sites or Services, or any part thereof, are “hackerproof.” You are solely responsible for maintaining the confidentiality of any user name and password you use to access the Sites and/or Services and are fully responsible for all activities that occur under your password or Account. You agree (i) to notify us immediately of any unauthorized use of your password or any other breach of security and (ii) to ensure that you log out of your Account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.

Mobile Website; Mobile Application

Some of our Sites and/or Services may be made available in a mobile-friendly format, as well (our “Mobile Site”). All mobile phones that have Internet access can make use of the Mobile Site, if any. Users with mobile phones that have this access also have the option to view the full html website that is available on your computer. Prices for all products and services, including any special pricing and/or promotions, exclude all applicable taxes and telecommunication charges, unless otherwise indicated. To the extent permissible by law, you agree to be responsible for any such applicable taxes and telecommunication charges.

Povte also makes available one or more mobile applications (the “Mobile Application”) to access the Sites and/or Services via a mobile device. To use a Mobile Application, you must have a mobile device that is compatible with the mobile service. Povte does not warrant that the Mobile Application will be compatible with your mobile device. Povte hereby grants to you a non-exclusive, non-transferable, revocable license to use an object code copy of the Mobile Application for one registered account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third-party or use the Mobile Application to provide time sharing or similar services for any third-party; (iii) make any copies of the Mobile Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or (v) delete the copyright and other proprietary rights notices on the Mobile Application. You acknowledge that Povte may from time to time issue upgraded versions of the Mobile Application, and may automatically electronically upgrade the version of the Mobile Application that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that these Terms of Use will apply to all such upgrades. The foregoing license grant is not a sale of the Mobile Application or any copy thereof, and Povte and its third-party licensors or suppliers retain all right, title, and interest in and to the Mobile Application (and any copy of the Mobile Application). Standard carrier data charges may apply to your use of the Mobile Application.

The following additional terms and conditions apply with respect to any Mobile Application that Povte provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):

You acknowledge that these Terms of Use are between you and Povte only, and not with Apple, Inc. (“Apple”).

Your use of our iOS App must comply with Apple’s then-current App Store Terms of Service.

Povte, and not Apple, is solely responsible for our iOS App and the services and content available thereon. Apple has no obligation or liability to you with respect to our iOS App or these Terms of Use.

You agree to comply with all applicable third-party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using our iOS App).

You acknowledge and agree that Apple is a third-party beneficiary to these Terms of Use as they relate to your license of our iOS App. Upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as they relate to your license of our iOS App as a third-party beneficiary thereof.

The following additional terms and conditions apply with respect to any Mobile Application that the Company provides to you designed for use on an Android-powered mobile device (an “Android App”):

You acknowledge that these Terms of Use are between you and Povte only, and not with Google, Inc. (“Google”).

Your use of our Android App must comply with Google’s then-current Google Play Terms of Service.

Google is only a provider of the Google Play where you obtained the Android App. Povte, and not Google, is solely responsible for our Android App and the services and content available thereon. Google has no obligation or liability to you with respect to our Android App or these Terms of Use.

You agree to comply with all applicable third-party terms of agreement when using our Android App (e.g., you must not be in violation of your wireless data service terms of agreement when using our Android App).

You acknowledge and agree that Google is a third-party beneficiary to these Terms of Use as they relate to your license of our Android App. Upon your acceptance of these Terms of Use, Google will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as they relate to your license of our Android App as a third-party beneficiary thereof.

In addition to the foregoing, you further represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.

At Legal writing experts, we would be happy to assist in preparing any legal document you need. We are international lawyers and attorneys with significant experience in legal drafting, Commercial-Corporate practice and consulting. In the last few years, we have successfully undertaken similar assignments for clients from different jurisdictions. If given this opportunity, we will be able to prepare the legal document within the shortest time possible.

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