Effective date: [11/29/2023]
Welcome to TCL TV+, operated by TCL Research America, Inc., (“TCL”, “we”, “us”, “our”). These Terms of Use (“Terms”) govern your access to and use of the TCL TV+ website, mobile app, or any other platform or product linked to these Term (collectively, the “Services”). By using TCL TV+, you agree to be bound by the terms and conditions contained in these Terms, including Section 8 ("Dispute Resolution"), as well as the Privacy Policy.
Please note that these Terms contain Indemnification, Governing Law, Dispute Resolution, and Disclaimer of Warranties and Limitation of Liability sections that affect your rights, including your ability to bring legal claims against us.
By using any of the Services, you accept these Terms and agree to be legally bound by them. These Terms are effective as of the Effective Date above. Please read these Terms carefully. If you do not agree to be bound by these Terms of Use, you are not permitted to use our Services. We recommend that you save and print a copy of these terms for future reference. We reserve the right to change these Terms periodically, therefore, we encourage you to periodically review these Terms to ensure you are up-to-date on any restrictions, obligations or rules associated with your use of the Services.
Eligibility. The Services are available to all individuals physically present in the United States and Canada and above the age of 18 years old. The Services are not directed to nor intended to be accessed or used by individuals under the age of 18.
Users Under 18：Users under the age of 18 may use the Services with the permission and consent of their parent or legal guardian. When entering the portion of the Services that contains content for children, (the “Kids Zone”), those users will have a slightly modified functionality of the Services. Specifically, the Kids Zone will by default turn off any ad personalization or profiling functions. Further, when in the Kids Zone, all data will be collected and used only for internal data analysis purposes. If we learn that we have collected personal information from a user under the age of 18 and do not have their parent or legal guardian’s consent, we will delete that user’s personal information.
Access to Content may be restricted due to age appropriateness. Accessing the Services from territories where TCL does not offer the Services is prohibited. By accessing our Services, you represent to us and affirm that you meet these requirements.
Creating a TV+ Account. In order to use certain portions of our Services, such as the Kids Zone, you may need to create an account (“TV+ Account”). If you are required to create a TV+ Account, you must log in through one of the third party services (such as Google) or sign up by providing your email address and password, and complete any additional required steps, such as email verification. By creating a TV+ Account, you agree: (a) to provide accurate, current and complete information about yourself; (b) to maintain and promptly update your information, as necessary from time to time; (c) to maintain the security of your password and accept all risks of unauthorized access involving your email and password combination and the information you provide to us; (d) to immediately notify us if you discover or otherwise suspect any security breaches related to the Services, or your email and password combination; (e) that you will use our Services only for yourself, and not on behalf of any third party, unless authorized by such third party; and (f) that you are fully responsible for all activity on the Services that occurs under your TV+ Account. We may, in our sole discretion, refuse to allow you to create a TV+ Account, or limit the number of TV+ Accounts that you may associate with the Services, or suspend or terminate any TV+ Account or access to the Services.
All actions carried out using your TV+ Account are deemed to have been conducted by you personally. You bear the consequences of any such actions, and we may, at our discretion, suspend, restrict or terminate your use of the Services (or any part of it) for any breach of your obligations. If you suspect your TV+ Account has been compromised, you must report this to us and stop using your TV+ Account immediately to mitigate any risks of loss to you or to us.
You also agree that you will not:
Account Communication. By creating a TV+ Account, you agree to receive service related electronic communications from us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You may opt out of receiving promotional emails that you have previously opted-in to at any time by following the instructions to unsubscribe, as provided therein.
Information Ownership. Unless otherwise indicated in writing by us, the Services and all content and other materials contained therein, including, without limitation, the TCL TV+ logo and all designs, text, graphics, trademarks, pictures, information, data, software, sound files, and/or other files related thereto and/or associated therewith and the selection and arrangement thereof are and shall remain the sole and proprietary property of TCL, or our affiliates and/or licensors.
Third Party Intellectual Property. Notwithstanding anything to the contrary in these Terms, the Services may include software components provided by TCL or our affiliates or a third party that are subject to separate license terms, in which case those license terms will govern the usage of such software components.
Content. The Services and any content accessed through our Service are for your personal and non-commercial use only. When you use our Services, or have an active TV+ Account, we grant you a limited, non-exclusive, non-transferable right to access the content through the Service. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use the Services for public performances. You may not either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, make available, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit any content on the Services unless expressly permitted by TCL in writing. You also may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of any player displayed on the Services, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into any video player on the Services.
Third Party Services. The Services may contain links to third-party websites (“Third-Party Websites”) and/or applications (“Third-Party Applications”). When you click on a link to a Third-Party Website or Third-Party Application, we will not warn you that you have left the Services and are subject to the terms and conditions (including privacy policies, if and as applicable) of another website or destination. TCL provides these Third-Party Websites and Third-Party Applications only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or Third-Party Applications or their products or services. You use all links in Third-Party Websites and Third-Party Applications at your own risk.
Advertisements. TCL is not responsible for third party advertisements or material posted on any of the Services, nor is TCL responsible for the products or services provided by third party advertisers. Any dealings you have with advertisers found while using the Services are between you and the advertiser, and you agree that TCL is not liable for any loss or claim that you may have against an advertiser.
Limited License to You. These Terms grant users a limited and non-exclusive right to use the Services, and view the content for your personal, non-commercial use only. Except as indicated otherwise herein or in any additional terms or conditions, you may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, or otherwise exploit any of the content on our Services, except as follows:
You must not:
You also may not create, recreate, distribute, or advertise an index of any significant portion of the content posted on the Services unless authorized by TCL. You may not seek to develop, build, or otherwise promote a business, product, or service utilizing the Services or any content posted there, whether or not for profit. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Services or any content posted there, including without limitation montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, for profit or otherwise, unless it is expressly permitted by TCL in writing.
Close Captioning. If you have questions or complaints regarding closed captioning provided on the Services, you may contact us at TCLTVPLUS-Support@tcl.com.
Suspension, Termination, and Cancellation. TCL may, at its option and in its sole discretion: (a) suspend, restrict, or terminate your access to any or all of the Services, and/or (b) deactivate or cancel your TV+ Account, if: (i) we are so required by a facially valid subpoena, court order or binding order of any government authority; (ii) we reasonably suspect you of using the Services in connection with any Prohibited Uses (as defined below); (iii) your use of the Services is subject to any pending litigation, investigation, or government proceeding and/or we, in our sole discretion, perceive a heightened risk of legal or regulatory non-compliance associated with your activity; (iv) any of our service partners are unable to support your use thereof; (v) you take any action that TCL deems in its sole discretion as circumventing TCL’s controls, or abusing promotions which TCL may offer from time to time; or (vi) you breach these Terms.
If TCL suspends or closes your TV+ Account or terminates your use of the Services for any reason, we will provide you with notice of our actions, unless a court order or other legal process prevents or prohibits us from providing you with such notice. You acknowledge that TCL’s decision to take certain actions, including limiting access to or suspending your TV+ Account, may be based on confidential criteria that are essential to TCL’s risk management and/or security protocols. You agree that TCL is under no obligation to disclose the details of its risk management and/or security procedures to you.
Deleting Your TCL Account. You may stop using the Services at any time. If you create a TV+ Account, you may delete that account at any time by logging into your account and following the instructions in the Account Setting page. You may also request that we delete your TV+ Account by sending us an email to TCLTVPLUS-Support@tcl.com.
Prohibited Uses. You may not use the Services to engage in the following categories of activity ("Prohibited Uses"). The Prohibited Uses listed below are representative, but not exhaustive, and TCL reserves the right to update or amend such list in its sole discretion at any time, with or without notice to you. If you are uncertain as to whether or not your use of the Services involves a Prohibited Use or have questions about how these requirements apply to you, please contact us at TCLTVPLUS-Support@tcl.com. By using the Services, or creating a TV+ Account, you agree that you will not use the Services to do or undertake any of the following, as determined by TCL in its sole discretion:
Abusive Activity: Actions which: (i) conduct, facilitate, authorize, or permit any text or data mining or web scraping, (ii) impose an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information; (iii) transmit or upload any material to the Services that contains viruses, Trojan horses, worms, or any other harmful or deleterious programs; (iv) attempt to gain unauthorized access to the Services, other TV+ Accounts not belonging to you, computer systems or networks connected to the Services, through password mining or any other means; (v) use the email and password combination of any third party to access or use the Services, except in the case of applications which are specifically authorized by a third party to access such third party’s TV+ Account and information; or (vi) transfer your account access or rights to your account to a third party, unless by operation of law or with the express permission of TCL.
Unlawful Activity: Activity which would violate, or assist in the violation of, any law, statute, ordinance or regulation, sanctions programs administered in any of the countries where TCL conducts business.
Abuse Other Users: Interfere with another individual's access to or use of the Services; defame, abuse, extort, harass, stalk, threaten, or otherwise violate or infringe the legal or other rights (such as, but not limited to, rights of privacy, publicity, and intellectual property) of others; or harvest or otherwise collect information from the Services about others, including, without limitation, email addresses, without proper consent.
Modify Content: Circumvent, remove, alter, deactivate, degrade, block, obscure or thwart any of the content protections or other elements of the Service, including the graphical user interface, any advertising or advertising features, copyright notices, and trademarks.
Fraud: Activity which operates to defraud TCL, any TCL user(s) or any other person, or provide any false, inaccurate, or misleading information to TCL.
As TCL asks others to respect its intellectual property rights, it respects the intellectual property rights of others. TCL, in appropriate circumstances, may remove from the Services content that might infringe the intellectual property rights of others.
a. Procedure for Reporting Copyright Infringements
If you believe your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Services, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Designated Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid and we will have no obligation to respond or acknowledge receipt of your notice. Please note that you will be liable for damages (including costs and attorneys’ fees) if you misrepresent or make bad faith claims that any material on the TCL Services infringes your copyrights. You can contact our Designated Agent via e-mail at TCLTVPLUS-Support@tcl.com.
THE DESIGNATED AGENT SHOULD BE CONTACTED ONLY IF YOU BELIEVE THAT YOUR WORK HAS BEEN USED OR COPIED IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT AND SUCH INFRINGEMENT IS OCCURRING ON THE TCL SERVICES. ALL OTHER INQUIRIES DIRECTED TO THE DESIGNATED AGENT WILL NOT RECEIVE A RESPONSE.
b. Receipt of Proper Infringement Notification
Once a proper bona fide infringement notification has been received by the Designated Agent, it is TCL’ policy:
c. Procedure to Supply a Counter-Notice to the Designated Agent
If the Content Provider believes that the content that was removed or to which access was disabled is either not infringing or the Content Provider believes that it has the right to post and use such content, the Content Provider may send the Designated Agent a counter-notice, which must contain the following:
If a counter-notice is received by the Designated Agent, TCL 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 ten business days.
If TCL does not receive notice within ten business days that the original complaining party is seeking a court order to prevent further infringement of the content, we may replace or cease disabling access to the material that was removed. The decision to replace or cease disabling access to any content is at TCL’ sole discretion.
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless TCL, and our respective past, present, and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors, and assigns (individually and collectively, the “TCL Parties”), from and against all actual or alleged claims, damages, awards, judgments, losses, liabilities of every kind, and nature whatsoever, whether known or unknown, that are caused by, arise out of, or are related to (a) your use or misuse of the Services, (b) your violation of these Terms, and/or (c) your violation of any right(s) of any third party. You agree to promptly notify TCL of any Claim(s) and shall cooperate fully with the TCL Parties in defending such Claims. You further agree that the TCL Parties shall have control of the defense or settlement of any third party Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN ANY WRITTEN AGREEMENT(S) BETWEEN YOU AND TCL.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY TCL, THE SERVICES AND ALL CONTENT CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. TCL (AND ITS AFFILIATE(S), LICENSOR(S) AND/OR OTHER BUSINESS ASSOCIATE(S)) MAKES NO WARRANTY THAT THE SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL OR SAFE. TCL DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICES AND CONTENT CONTAINED THEREIN. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL TCL, OR ITS AFFILIATES, OR ITS OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS, OR DIRECTORS, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, OR ANY OTHER DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY CONTENT ON THE SERVICES OR ANY OTHER WEBSITES AND MOBILE APPLICATIONS OR ANY ITEMS OBTAINED THROUGH THE SERVICES OR SUCH OTHER WEBSITES AND MOBILE APPLICATIONS, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
IN NO EVENT WILL TCL’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES, THE ACCESS TO AND USE OF THE SERVICE, CONTENT, REWARDS OR ANY PRODUCTS OR SERVICES ON THE SERVICES EXCEED THE GREATER OF $100 OR ALL AMOUNTS PAID BY YOU TO TCL.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM SHALL BE DEEMED PERMANENTLY WAIVED AND BARRED.
THIS SECTION DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW, THEREBY MINIMIZING OUR LIABILITY TO YOU TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW.
This Section includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully.
Informal Process. You agree that in the event of any dispute between you and TCL, you will first contact TCL and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action.
Agreement to Arbitrate. After the informal dispute resolution process, any remaining dispute, controversy or claim (collectively, “Dispute”) relating in any way to these Terms or TCL’s services and/or products, including but not limited to the Services, or relating in any way to the communications between you and TCL or any other user of the Services, will be finally resolved by binding arbitration. This mandatory arbitration agreement applies to you and to TCL. However, this arbitration agreement does not (a) govern any Dispute by TCL for infringement of its intellectual property or access to the Services that is unauthorized or exceeds authorization granted in these Terms, or (b) bar you from making use of applicable small claims court procedures in appropriate cases.
You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and TCL are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision will survive any termination of these Terms.
If you wish to begin an arbitration proceeding, after following the informal dispute resolution procedure, you must send a letter requesting arbitration and describing your claim to: TCLTVPLUS-Support@tcl.com.
Any controversy or claim arising out of or relating to these Terms, or the breach thereof, including all questions of arbitrability, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules by a sole arbitrator. The parties hereto shall endeavor to agree upon the arbitrator, and if they fail to do so within twenty-one (21) days of the commencement of the arbitration, the appointment shall be made by the AAA in accordance with the Commercial Arbitration Rules. The place, or legal seat of arbitration, shall be New York City, New York, and the language of the arbitration shall be English.
You may only bring claims in your individual capacity on your own behalf, and not in any representative capacity or on behalf of any class or purported class, and no arbitration you commence hereunder may be joined with or include any claims by any other persons. Each party shall be exclusively responsible for paying its own arbitration filing fees, which may later be allocated by the arbitrator as set forth below.
The arbitrator shall issue a reasoned award and, subject to the limitation of liability set forth above, shall have the power to grant any interim or provisional measures that the arbitrator deems appropriate, including, but not limited to, injunctive relief and specific performance, and any interim or provisional measures ordered by the arbitrator may be specifically enforced by any court of competent jurisdiction as a final award. Nothing herein, however, shall authorize the arbitrator to act as amiable compositeurs, to proceed ex aequo et bono, or to exercise rights of iura novit curia. Each party hereto retains the right to seek interim measures from a judicial authority, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The arbitrator shall award the prevailing party, if any as determined by the arbitrator, its reasonable costs, including reasonable attorney’s fees. Judgment on any award rendered by the arbitrator may be entered in any court of competent jurisdiction. No information concerning an arbitration, beyond the names of the parties, their counsel or the relief requested, may be unilaterally disclosed to a third party by any party unless required by law. Any documentary or other evidence given by any party or witness in any arbitration shall be treated as confidential by any party whose access to such evidence arises exclusively because of its participation in the arbitration and shall not be disclosed to any third party (other than a witness or expert), except as may be required by law. Any party who commences any judicial proceeding in connection with an arbitration initiated hereunder shall endeavor to have the judicial record of any such proceeding sealed to the extent permitted by law.
YOU AGREE THAT ANY CLAIM YOU MAY HAVE ARISING OUT OF OR RELATED TO YOUR RELATIONSHIP WITH TCL MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, YOUR CLAIM WILL BE PERMANENTLY BARRED.
Governing Law and Venue. These Terms and your access to and use of the Services shall be governed by and construed and enforced in accordance with the laws of the State of New York, without regard to conflict of law rules or principles of the State of New York, or any other jurisdiction that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved in the state or federal courts sitting in the State of New York. However, as a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident and nothing in these Terms affects your rights as a consumer to rely on such mandatory provisions of local law.
Severability. If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause, or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause, or provision, or any other term, clause, or provision of these Terms.
Wavier. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
Assignability. These Terms are personal to you, and are not assignable, transferable, or sublicensable by you except with TCL’s prior written consent.
Notices. All notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
Updates to Terms of Use. Your use of the Services is subject to your agreement to these Terms, which may be updated by us at any time with or without notice to you. The Effective Date of the most up to date Terms will be provided at the top of each version of these Terms, respectively. Any such updates will be effective upon our publishing such updated Terms. If you do not agree with these Terms, you may not use the Services.
Updates to the Services. We may update and change our Services from time to time, for example, to reflect changes to our products, our users' needs and our business priorities. We will try to give you reasonable notice of any major changes.
If you have any questions or complaints about our Services or these Terms, please email us at TCLTVPLUS-Support@tcl.com or write to us at TCL TV+ Office: 2025 Gateway Place, Suite 460, San Jose, CA 95110.