Terms of Service
Qosm Inc provides a personalized subscription and transactional video on demand service that allows our members to access movies and TV shows (“Qosm content”) streamed over the Internet to certain Internet-connected TV’s, computers and other devices (“Qosm ready devices”).
YOU AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED TO RESOLVE ANY DISPUTES WITH QOSM INC (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT).
- Introduction: Qosm Inc (“QOSM,” “we,” or “us”) provides an online video service and platform which gives users the opportunity to select from various offerings of live and on-demand programming, including audiovisual productions, movies, television shows, webisodes, short-form content, clips, and other content (collectively, the “Content”). Our video service, the Content, our proprietary player for viewing the Content (the “Video Player”) and any other products, features, tools, materials, or other services (including third party branded services) offered from time to time by QOSM through a variety of Access Points (defined below) are referred to collectively as the “Services.” The term “Access Points” refers to, collectively, the www.q0sm.com and www.qosmc.com and www.streamqosm.com websites (the “QOSM Site”), applications, and other places where any Services are available, including websites and applications of QOSM’s third party distribution partners and other websites where users or website operators are permitted to embed or have otherwise licensed the Video Player. Use of the Services (including access to the Content) is subject to compliance with these Terms. Therefore, by accessing or using any of the Services through any Access Point (including by visiting the QOSM Site), you accept and agree to these Terms.
2. Amendments to These Terms: We may need to make changes to these Terms from time to time for many reasons, including the need to reflect updates in how the Services work or changes in the law. You should look at these Terms regularly, which are posted on the QOSM Site.
Access and Use:
A. Age Restrictions. The Services are not intended to be used by children without involvement and approval of a parent or guardian. If you are under the age of 13, you are not permitted to register with QOSM or provide your personal information to QOSM. If you are at least 13 and under 18 years of age (or under the applicable age of majority in your state or territory of residence), you may register with QOSM only if you have the consent of your parent or guardian, including consent to these Terms on your behalf.
B. License. QOSM hereby grants you a non-exclusive limited license to use the Services, including accessing and viewing the Content on a streaming-only basis through the Video Player, for personal, non-commercial purposes as set forth in these Terms. The periods during which you can view each piece of Content will vary based on the rights availability of such Content and the terms of your subscription.
C. Content. You may only access and view the Content personally and for a non-commercial purpose in compliance with these Terms. 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 Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the 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, “rip”, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, or transmit or retransmit the Content unless expressly permitted by the terms of your subscription or otherwise by QOSM in writing. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by QOSM in writing. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by QOSM. The 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 Content, including subsequent and/or derivative audiovisual productions, montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless expressly permitted by QOSM in writing.
D. Ownership and Copyright. You agree that QOSM owns and retains all rights to the Services. You further agree that the Content you access and view as part of the Services is owned or controlled by QOSM and QOSM’s content programmers. The Services and the Content are protected by copyright, trademark, and other intellectual property laws.
E. Your Representations. In order for QOSM to keep the Services safe and available for everyone to use, You must use the Services for lawful, non-commercial, and appropriate purposes only. You agree to observe the Services, Content, Video Player and embedding restrictions detailed above, and further agree that you will not use the Services in a way that:
a) violates the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;
b) uses technology or other means to access, index, frame or link to the Services (including the Content) that is not authorized by QOSM (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, “ripping”, framing, reproduction, access to, or distribution of the Services);
c) introduces 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;
d) damages, disables, overburdens, impairs, or gains unauthorized access to the Services, including QOSM’s servers, computer network, or user accounts;
e) removes, modifies, disables, blocks, obscures or otherwise impairs any advertising or promotional material in connection with the Services (including the Content);
f) uses the Services and/or Content to advertise or promote services that are not expressly approved in advance in writing by QOSM;
g) encourages conduct that would constitute a criminal offense or give rise to civil liability;
h) violates these Terms or any guidelines or policies posted by QOSM;interferes with any other party’s use and enjoyment of the Services; or attempts to do any of the foregoing.
If QOSM determines, in its sole discretion, that you are in violation of any of these Terms, we may (i) notify you, and (ii) use technical measures to block or restrict your access or use of the Services. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the Services, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.
F. Modification/Suspension/Discontinuation. We regularly make changes to the Services. The availability of the Content, as well as Access Points through which the Services are available, may change from time to time. QOSM reserves the right to replace or remove any Content and Access Points available to you through the Services, including specific titles, and to otherwise make changes in how we operate the Services. You also agree that QOSM will not be liable to you for any modification, suspension, or discontinuance of the Services, although if you are a QOSM subscriber and QOSM suspends or discontinues your subscription to the Services, QOSM may, in its sole discretion, provide you with a credit, refund, discount or other form of consideration. However, if QOSM terminates your account or suspends or discontinues your access to Services due to your violation of these Terms, then you will not be eligible for any such credit, refund, discount or other consideration.
4. User Account: You are responsible for all use of your account, including use of your account by other members of your household. By allowing others to access your account or to create profiles within your account, you agree to be responsible for ensuring that they comply with these Terms and you agree to be responsible for their activity using the Services. We reserve the right to immediately terminate or restrict your account or your use of the Services or access to Content at any time, without notice or liability, if QOSM determines in its sole discretion that you have breached these Terms, violated any law, rule, or regulation, engaged in other inappropriate conduct, or for any other business reason. We also reserve the right to terminate your account or your use of the Services or access to Content if such use places an undue burden on our networks or servers.
1.Your QOSM membership will continue month-to-month and automatically renew until terminated. To use the QOSM service you must have Internet access and a QOSM ready device and provide us with one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party. 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 (see “Cancellation” below).
2.We may offer a number of membership 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 membership 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 specific details regarding your QOSM membership by visiting our website and going to the “Profile” page (https://stream.q0sm.com/dashboard).
B) Free Trials.
1.Your QOSM membership may start with a free trial. The free trial period of your membership lasts for fourteen days (14), or as otherwise specified during sign-up and is intended to allow new and certain former members to try the service.
2.Free trial eligibility is determined by QOSM at its sole discretion and we may limit eligibility or duration to prevent free trial abuse. We reserve the right to revoke the free trial and put your account on hold in the event that we determine that you are not eligible. Members of households with an existing or recent QOSM membership are not eligible. We may use information such as device ID, method of payment or an account email address used with an existing or recent QOSM membership to determine eligibility. For combinations with other offers, restrictions may apply.
3. We will charge your Payment Method for your monthly membership fee at the end of the free trial period and your membership will automatically renew monthly unless you cancel your membership prior to the end of the free trial period.
C) Payment Methods. To use the QOSM service you must provide one or more Payment Methods. You can update your Payment Methods by going to the “Profile” page (https://stream.q0sm.com/dashboard/billing). We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s). You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. 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.
D) Cancellation. You can cancel your QOSM membership at any time, and you will continue to have access to the QOSM service through the end of your monthly billing period. We do not provide refunds or credits for any partial-month membership periods or unwatched QOSM content. To cancel, go to the “Profile” page on our website (https://stream.q0sm.com/dashboard/billing) and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, email customer service at [email protected].
E) Changes to Price and Subscription Plan. We reserve the right to change our subscription plans or 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 Service, any price changes or changes to your subscription plan will take effect following notice to you.
F) 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.
5. Destinations and Advertising:
6. Trademarks: QOSM, QOSM, the QOSM logo, and other QOSM marks, graphics, logos, scripts, and sounds are trademarks of QOSM. None of the QOSM trademarks may be copied, downloaded, reproduced or otherwise exploited.
7. Unsolicited Submissions: It is QOSM’s policy not to accept unsolicited submissions, including audiovisual productions, scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas, or concepts, unless such unsolicited submissions are sent to QOSM through its official submissions page, which may be found at www.q0sm.space/content-submissions. QOSM INC’s policy is to delete any such submission without reading it. Therefore, any similarity between an unsolicited submission and any elements in any QOSM creative work, including a film, series, story, title, or concept, would be purely coincidental.
8. Disclaimer of Warranties, Limitation of Liability and Indemnity: While we do our best to provide the optimal performance of the Services, you agree that use of the Services is at your own risk. The Services, including the QOSM site, the content, the video player, the features, user material, and any other materials contained on or provided through any Access Point, are provided “as is” and, to the fullest extent permitted by law, are provided without warranties of any kind, either express or implied. Without limiting the foregoing, QOSM does not make any warranties of fitness for a particular purpose, title, merchantability, completeness, availability, security, compatibility or noninfringement; or that the Services will be uninterrupted, free of viruses and other harmful components, accurate, error free, or reliable. In no event shall QOSM INC or its affiliates, successors, and assigns, and each of their respective investors, directors, officers, employees, agents, and suppliers (including distributors and content programmers) (collectively, the “QOSM Parties”), be liable for any direct, indirect, punitive, incidental, special, consequential, or other damages, including loss of profits, arising out of or in any way related to the use of the Services (including any information, products, or services advertised in, obtained on, or provided through any Access Point), whether based in contract, tort, strict liability, or other theory, even if the QOSM Parties have been advised of the possibility of damages. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you. Nothing in these Terms shall affect any non-waivable statutory rights that apply to you. You agree to defend, indemnify, and hold harmless the QOSM Parties from and against any and all liabilities, claims, damages, expenses (including reasonable attorneys’ fees and costs), and other losses arising out of or in any way related to your breach or alleged breach of these terms or your use of the Services (including your use of the content). QOSM INC reserves the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
9. Governing Law: The terms and conditions of these Terms shall be interpreted and governed by California law applicable to contracts entered into and to be wholly performed in California without reference to choice of law rules. You and QOSM INC consent to the jurisdiction and venue of the State of California in the City and County of Los Angeles. Any dispute arising hereunder shall be resolved solely through binding arbitration conducted in Los Angeles, California under and pursuant to the commercial arbitration rules of the American Arbitration Association (“AAA Rules”), as said rules may be amended from time to time with rights of discovery if requested by the arbitrator. Such rules and procedures are incorporated and made part of these Terms by reference. You and QOSM INC agree to arbitrate in each of our individual capacities only, not as a representative or member of a class, and each of us expressly waives any right to file a class action or seek relief on a class basis. It is agreed that the arbitration shall be before a single arbitrator. The arbitrator shall, in his/her sole discretion, award the prevailing party in such arbitration the right to recover its reasonable attorneys’ fees and costs incurred in connection with such arbitration. The parties hereby expressly waive any and all rights to appeal, or to petition to vacate or modify, any arbitration award issued in a dispute arising out of these Terms. Each party hereby irrevocably submits to the jurisdiction of the state and federal courts for the County of Los Angeles in connection with any petition to confirm an arbitration award obtained pursuant to this Paragraph. Any award shall be final, binding, and non-appealable. The parties agree to accept service of process in accordance with AAA Rules. The arbitration will be confidential and conducted in private, and will not be open to the public or media. No matter relating to the arbitration (including but not limited to, the testimony, evidence or result) may be (i) made public in any manner or form; (ii) reported to any news agency or publisher; nor (iii) disclosed to any third party not involved in the arbitration.
10. Miscellaneous. Please note that these Terms constitute the entire legal agreement between you and QOSM INC and govern your use of the Services (including your use of the Content) (but excludes any services, if any, that QOSM INC may provide to you under a separate signed written agreement), and completely replaces any prior agreements between you and QOSM INC in relation to the Services. These Terms operate to the fullest extent permissible by law. If any provision of these Terms is held to be unlawful, void, or unenforceable, you and we agree that the provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. From time to time, we may communicate with you about the Services and these Terms electronically (e.g., emails to your registered email address, notices on the QOSM Site and other Access Points). You consent to receive electronic communications from QOSM INC and further agree that any notices, agreements, disclosures, and other communications that we send to you electronically will satisfy any applicable legal notification requirements.