Terms of Service

Overview

Hello and welcome to Welcome Systems! This Terms of Use Agreement (“Agreement”) constitutes a legally binding contract between Welcome Systems, Inc. (“Welcome Systems”, “we”, or “us), a California corporation, on the one hand, and you, on the other hand, with respect to your use of the Welcome.Systems Website, the Welcome Systems Service, Welcome Systems Apps, and any videos, software, data feeds, information, text, graphics, files or other materials or services (the “Content”) displayed or accessible through the Welcome Systems Website and the Welcome Systems Service and Apps (collectively referred to herein as the “Services”). Your access to and use of the Services are expressly conditioned on your compliance with these Terms of Use. Please read the Agreement carefully and be advised that this Agreement contains disclaimers of warranties and limitations on liability that may be applicable to you.

1. Acceptance of Terms of Use

By using or visiting the Welcome Systems Services you signify your agreement to (1) these terms and conditions (the "Terms of Use"), and (2) Our Privacy Policy, found at (LINK) and incorporated herein by reference. If you do not agree to any of these Terms or the Privacy Policy, please do not use the Service. The Welcome Systems service is provided by Welcome Systems, Inc., a California corporation, or one of our affiliated companies. Check back as the service provider may change from time to time. Welcome Systems may, from time to time, change these Terms of Use, including the Privacy Policy. Although we may attempt to notify you when major changes are made to these Terms of Use, you should periodically review the most up-todate version. Welcome Systems may, in its sole discretion, modify or revise these Terms of Use and policies at any time, and you agree to be bound by such modifications or revisions.

2. Privacy.

Personally identifying information is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices. (LINK)

3. Communication Preferences.

If you register with us, you consent to receiving service messages relating to your account, such as payment confirmations, account verifications and transactional notices. You also consent to receiving other communications from us such as newsletters, special offers, announcements and surveys, which you may opt out of by clicking on the "unsubscribe" links contained therein.

4. Welcome Systems Accounts.

Some Services may require you to create an account with Welcome Systems. We reserve the right to decline to provide access to any of the Services to any person for any or no reason. If you choose to register, you must submit a valid e-mail address, select a username and password during the registration process, and be at least 18 years of age. If you are the host of a property, you must also submit location information about the property, and information about the hardware device you are using to access your Channel (i.e. smart tv or set-top box). You are responsible for safeguarding the password that you use to access any secure areas of the Services. You understand that any information you provide will be treated by Welcome Systems in the manner described in this Agreement and our Privacy Policy. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify Welcome Systems of any unauthorized use of your password. Welcome Systems reserves the right to refuse providing access to the Services to any user, or to delete accounts created by users who appropriate the name, likeness, email address or other personally identifiable information of another individual.

5. Your Use of the Services.

You must be 18 years of age, or the age of majority in your province, territory or country, to become a member of the Welcome Systems service. Individuals under the age of 18, or applicable age of majority, may utilize the service only with the involvement of a parent or legal guardian, under such person's account and otherwise subject to these Terms of Use. You may only use the Services for lawful purposes, and subject to the restrictions set forth in these Terms of Use. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services. Furthermore, the Services may contain links to or Content from other websites or sources that are completely independent of Welcome Systems and may require you to accept additional terms of service which will be presented to you before you can use such Services. Such Content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such Content. By using the Service, you expressly relieve Welcome Systems from any and all liability arising from your use of any thirdparty website

6. Your Use of Content

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.
A. The Content on the Service, and the trademarks, service marks and logos ("Marks") on the Service, are owned by or licensed to Welcome Systems, subject to copyright and other intellectual property rights under the law.
B. Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Use. You shall not download any Content unless you see a “download” or similar link displayed by Welcome Systems on the Service for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Welcome Systems or the respective licensors of the Content. Welcome Systems and its licensors reserve all rights not expressly granted in and to the Service and the Content.
C. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.

7. Content You Post

A. As a Welcome Systems account holder you may submit Content to the Service, including videos and user comments. You understand that Welcome Systems does not guarantee any confidentiality with respect to any Content you submit. Content you post via the Service may appear on other user's devices. You are responsible for all content that you post through or download from the Site. You may not post content that:
  • Is not your own original creation or that you do not have permission to use
  • Infringes the copyright, trademark, patent right, or other proprietary right of any person or that is used without the permission of the owner;
  • You know to be inaccurate;
  • Is pornographic, sexually explicit, or obscene;
  • Exploits children or minors;
  • Violates the rights of privacy or publicity of any person;
  • Is harassing, libelous, slanderous, or defamatory;
  • Contains any personally identifying information about any person without their consent or about any person who is a minor;
  • May be deemed generally offensive to the community, including blatant expressions of bigotry, prejudice, racism, hatred, profanity or religious or political radicalism;
  • Includes advertisements, promotions, solicitations, spam, or offers to sell any goods or services for any commercial purpose;
  • Is off topic;
  • Is intended to provide professional advice, including but not limited to, the provision of medical treatment, or legal, financial or investment advice;
  • Is intended to solicit, recommend, endorse, or offer to buy or sell any securities or other financial instruments, tout stocks, or recommend that any particular security, portfolio of securities, transaction, or investment strategy is suitable for you or any specific person;
  • Violates any local, state, federal, and/or international laws or regulations;
  • Promotes or provides instructional information about illegal or illicit activities;
  • Contains software viruses or any other computer code, files, or programs designed to destroy, interrupt, or otherwise limit the functionality of any computer software, computer hardware, or other equipment; or,
  • Is intended to overwhelm, cause technical disruptions of or denial of service to Company's servers
B. We may remove any content that violates these Terms or that we determine is otherwise not appropriate in our sole discretion. Welcome Systems may or may not exercise editorial control over content posted on the Service.
C. By posting or transmitting content on or through the Service, you:
  • Represent and warrant that you are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and to authorize Welcome Systems and other users to use and distribute your content as necessary to exercise the licenses granted by you in these Terms and in the manner contemplated by Welcome Systems and these Terms;
  • You certify that you are at least 18 years old;
  • Agree to and do hereby grant Welcome Systems and its affiliates and partners a nonexclusive, perpetual, irrevocable, worldwide, sublicensable, transferrable, royalty-free right and license to use, store, display, publish, transmit, transfer, distribute, reproduce, rearrange, edit, modify, aggregate, create derivative works of and publicly perform the content that you submit via the Service for any purpose, in any form, medium, or technology now known or later developed. You also acknowledge that (i) Welcome Systems may have already created, or be in the process of creating, content that may be substantially similar to your ideas at the time you submit those ideas to us, and (ii) elements of your ideas may not be subject to protection under copyright laws. You also grant Welcome Systems a license to use your user name in connection with our use of any content you provide to us. You also consent to the display of advertising within or adjacent to any of your content. Any comments or materials you send to Welcome Systems, including feedback data, such as questions, comments, suggestions and any other response shall be deemed to be non-confidential.

8. Membership, Free Trials, Billing and Cancellation

A. Membership. Ongoing Membership. Some Services may require you to purchase a membership. Your Welcome Systems membership, which may start with a free trial, will continue month to-month unless and until you cancel your membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) to use the Welcome Systems service. We will bill the monthly membership fee to your Payment Method. You must cancel your membership before it renews each month in order to avoid billing of the next month’s membership fees to your Payment Method. Differing Memberships. We may offer a number of membership plans, including special promotional plans or memberships with differing conditions and limitations. Any materially different terms from those described in these Terms of Use will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your membership with Welcome Systems by logging into your account on our login page (Link). Some promotional memberships are 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. We reserve the right to modify, terminate or otherwise amend our offered membership plans.
B. Free Trials. Your Welcome Systems membership may start with a free trial. The free trial period of your membership lasts for Thirty (30) days, or as otherwise specified during sign-up. For combinations with other offers, restrictions may apply. Free trials are for new and certain former members only. Welcome Systems reserves the right, in its absolute discretion, to determine your free trial eligibility. We will begin billing your Payment Method for monthly membership fees at the end of the free trial period of your membership unless you cancel prior to the end of the free trial period. To view the specific details of your membership, including monthly membership price and end date of your free trial period, visit our login page and login to your account. We may authorize your Payment Method through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period. You will not receive a notice from us that your free trial period has ended or that the paying portion of your membership has begun. LOGIN TO YOUR ACCOUNT ON THE WELCOME SYSTEMS LOGIN PAGE (Link) TO FIND CANCELLATION INSTRUCTIONS. We will continue to bill your Payment Method on a monthly basis for your membership fee until you cancel.
C. Billing Recurring Billing. By starting your Welcome Systems membership and providing or designating a Payment Method, you authorize us to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the Welcome Systems service to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption, and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.
Price Changes. We reserve the right to adjust pricing for our service 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 to your service will take effect following email notice to you.
Billing Cycle. The membership fee for our service will be billed at the beginning of the paying portion of your membership and each month thereafter unless and until you cancel your membership. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership. Membership fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying membership began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your Welcome Systems membership or became a paying member on January 31st, your next payment ate is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your Membership. Visit our login page (Link) and login to your account to see the commencement date for your next renewal period. We may authorize your Payment Method in anticipation of membership or service-related charges. As used in these Terms of Use, “billing” shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, month or monthly refers to your billing cycle.
No Refunds. PAYMENTS 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 service 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 members (“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.
Payment Methods. You may edit your Payment Method information by logging in to your account on the login page (Link), and clicking on the “Upgrade Plan” link. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
Cancellation. You may cancel your Welcome Systems membership at anytime however as soon as you unsubscribe, your services will be terminated. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL MONTH MEMBERSHIP PERIODS OR UNWATCHED MOVIES OR TV SHOWS. To cancel, login to your account on our login page (Link) and click on the “Cancel Plan” link.

9. Disclaimers of Warranties and Limitations on Liability

A. THE WELCOME SYSTEMS SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE WELCOME SYSTEMS SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WELCOME SYSTEMS DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE WELCOME SYSTEMS SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. WELCOME SYSTEMS SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF ANY SOFTWARE APPLICATIONS AND INTERNET-CONNECTED HARDWARE DEVICES (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).
B. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL WELCOME SYSTEMS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
C. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. if you are a California resident, you waive California civil code §1542, which says: a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.
D. NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NONWAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect

10. Roku Program.

For certain qualifying hosts, Welcome Systems may, from time to time, provide demo Roku devices in accordance with the Rules and Restrictions of the Roku Program (Link). Without limitation to the foregoing Section 9 of this Agreement, Welcome Systems specifically disclaims all warranties for the use of these demo boxes, including their continued functionality. All Roku devices will be provided to hosts as is, and it will be the responsibility of the host to contact the device manufacturer in case of any defects. In no case shall Welcome Systems be liable to any users for damages of any nature incurred from the use or possession of a Roku device. [Need to decide whether these become property of the host or remain property of WS].

11. Indemnity.

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Welcome Systems, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Use; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms of Use and your use of the Service.

12. Claims of Copyright Infringement.

If you believe your work has been reproduced or distributed in a way that constitutes a copyright infringement or are aware of any infringing material available through the Welcome Systems service, you can report such violation to us in accordance with the Digital Millennium Copyright Act (17 U.S.C. §512). In the case of an alleged infringement, please provide the following information:
  • A description of the copyrighted work or other intellectual property that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the Site (including the exact URL);
  • An address, a telephone number, and an e-mail address where we can contact you;
  • A statement that you have a good faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law;
  • A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner's behalf; and
  • Your electronic or physical signature, or that of the person authorized to act on behalf of the owner of the copyright or other right being infringed. We may request additional information before we remove allegedly infringing material. You may report a copyright violation by providing the above information to legal@welcometv.net.

13. Governing Law.

Terms of Use shall be governed by and construed in accordance with the laws of the state of California, U.S.A. without regard to conflict of laws provisions. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your state of residence.

14. Applications.

You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) ("Application(s)") that interact with the Welcome Systems service. These Applications may import data related to your Welcome Systems account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and Welcome Systems is not responsible for such Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO WITH OR SPONSORED BY WELCOME SYSTEMS AND MAY NOT BE AUTHORIZED FOR USE WITH OUR SERVICE IN ALL COUNTRIES. USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK

15. Customer Support.

To find more information about our service and its features, or if you need assistance with your account, please contact us at support@welcometv.net. In certain instances, Customer Service may best be able to assist you by using a remote access support tool through which we have full access to your computer. If you do not want us to have this access, you should not consent to support through the remote access tool, and we will assist you through other means. In the event of any conflict between these Terms of Use and information provided by Customer Support or other portions of our website, these Terms of Use will control.

16. Survival.

If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.