TERMS OF USE

SLC Media Group, LLC d/b/a My Town TV (“My Town TV,” “We,” “Us”) is an online video subscription website and mobile application that provides subscribers with access to local video programming, local sporting events, and other video media (collectively, the “Media”).

These Terms of Use govern your use of Our service. The My Town TV video subscription services used for finding, watching, and playing Media including all functionality, websites, media players and all content and software are known as the “Services.”

1. YOUR ACCEPTANCE OF THE TERMS OF USE

Our Terms of Use includes Our Privacy Policy (found at https://mytowntv.com/policies/privacy). By accessing, visiting, or browsing the My Town TV Services, you accept and agree to these Terms of Use. If you do not agree to these Terms of Use, do not use the My Town TV Services.

2. CHANGES TO THESE TERMS OF USE

My Town TV may change these Terms of Use or our Privacy Policy at any time and for any reason. We will provide you with notice of the amended Agreement either by e-mail or as a notification within the Services. Any changes to the My Town TV Terms of Use or Privacy Policy will take effect thirty (30) days after My Town TV sends you notice of these changes. Your continued use of the Services or your failure to cancel your subscription with My Town TV within thirty (30) days after receiving notice of the changes constitutes your continued agreement to these Terms of Use.

3. YOUR PRIVACY

My Town TV takes your privacy very seriously. Your personally identifying information (“Personal Information”) is subject to Our Privacy Policy (found at https://mytowntv.com/policies/privacy) which is incorporated and made a part of these Terms of Use. It is your responsibility to review these policies carefully before using Our Services.

4. MY TOWN TV COMMUNICATIONS

A. ACCOUNT RELATED COMMUNICATIONS

Your use of the My Town TV Services represents to My Town TV that you consent to receive electronic communications relating to your account. We may send emails to the address you provide when subscribing for My Town TV Services, or We may contact You directly on your “ACCOUNT” page.

You agree that any notice, agreements, disclosure or other communications that My Town TV sends to You electronically will satisfy any legal communication requirements, including that such communications be in writing. It is your responsibility to print a paper copy or save electronically such communications

B. MARKETING COMMUNICATIONS

My Town TV may, from time to time, send you newsletters about new features and content and other promotional announcements. If you do not wish to receive these promotional communications, please visit (https://mytowntv.com/email/unsubsribe) to remove yourself from this mailing list.

5. SUBSCRIPTIONS AND BILLING POLICIES

A. SUBSCRIPTIONS; GENERALLY

My Town TV is a subscription-based streaming media Service. You must subscribe to My Town TV and provide Us with your current credit card information to enjoy the My Town TV Services and Media.

B. AUTHORIZED CREDIT CARD HOLDER

By providing My Town TV with your credit card information or to one of Our payment processors, you represent to My Town TV that you are the authorized user of the card, PIN, key or account associated with that credit card.

C. BILLING AUTHORIZATION

By subscribing to My Town TV, you authorize Us to charge your credit card on a monthly or yearly basis for your subscription to Our Services (For a list of current subscription rates, visit: https://mytowntv.com/subsribe). You understand and agree that My Town TV will charge and process your subscription fees using a third-party payment processor. We may also require you to provide your address or other information in order to comply with My Town TV’s obligations under applicable tax law.

You also agree to allow My Town TV to charge your credit card, as needed, for other charges that you may accumulate in connection with your use of My Town TV’s Services.

D. BILLING CYCLES; GENERALLY

My Town TV automatically bills your credit card each month on the day that corresponds with the start of your subscription (each such month, a “Billing Cycle”). If you subscribed to My Town TV on a date not contained in a given month, We will bill your credit card on the last day of that month. For example, if you became an My Town TV subscriber on January 31, We will bill your credit card on February 28.

Changing your credit card information may change the day on which you are billed. You acknowledge that the amount billed each Billing Cycle may vary due to promotional offers, changes in your subscription plan, and changes in applicable taxes, and you authorize My Town TV to charge your credit card for the corresponding amounts.

E. PRICE CHANGES

We reserve the right to adjust subscription pricing in any manner and at any time as We may determine in Our sole and absolute discretion. My Town TV will notify you of any price changes to your subscription. Any changes to Our pricing will take effect following email notice to you. My Town TV will not be able to notify you of changes in any applicable taxes.

F. THIRD PARTY FEES

The issuer of your credit card may charge you a foreign transaction fee or other charges for subscribing to My Town TV. It is your responsibility to check with your credit card issuer regarding these details.

G. PAYMENT INFORMATION AND BILLING
i. Editing Personal Information

You have the ability to control and edit the billing information you provide My Town TV by signing into your account and clicking on the “YOUR ACCOUNT” page on the My Town TV dashboard.

ii. Current Billing Information Required

You must provide My Town TV with your current billing information, and you are responsible for ensuring its accuracy. You are responsible for any charges associated with an expired card, insufficient funds, or additional charges that incur for any other reason.

iii. Changed Billing Information

In the event that you change card or billing information, you continue to be responsible to pay the uncollected amounts and authorize My Town TV to continue billing your new card, as it may be updated.

H. CANCELLING YOUR SUBSCRIPTION

You have the ability to cancel your My Town TV subscription at any time and for any reason. Visit the “ACCOUNT” page on the subscriber dashboard and follow the directions for cancellation. Cancellations are subject to our no refund policy listed below.

I. NO REFUNDS

PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED BILLING CYCLES. Following any cancellation, however, you will continue to have access to the Service through the end of your current billing cycle.

6. MY TOWN TV SERVICES

Our Services require that all users are old enough to form a binding, legal contract with My Town TV (usually, this age is 18 years old). If you are younger than the age to form a valid, legal contract with Us, you must get your parent or guardian’s permission to use our Services. It is very important that you read these Terms of Service and Privacy Policy with your parent or guardian to understand the rules of conduct that correspond with the My Town TV services.

A. Device Limits

Each My Town TV subscription is allowed to stream Media on 4 devices simultaneously.

B. Personal Use Only

You are only allowed to use your My Town TV subscription, and any Media viewed through our Services, for your personal and non-commercial use. We grant you a limited, non-exclusive, nontransferable, license to access the My Town TV services to view Our Media on a streaming-only basis for the term of your subscription. Except for the foregoing limited license, no right, title or interest shall be transferred to you.

C. Geographic Location Restrictions

My Town TV uses your IP address to determine your geographic location. Your ability to view Materials varies by My Town TV’s licensing agreements in different countries.

D. Service Changes

My Town TV reserves the right to change or update its Services at any time and without notice to you including the availability of Media, delivery and pricing.

E. Your Promises to My Town TV
i. Copy Restrictions

My Town TV respects the intellectual property rights of others and expects you to do the same. To the extent permitted by applicable law, you are NOT ALLOWED to:

  • decompile, disassemble, or electronically transfer Our Services to third parties;
  • modify Our Services in any way;
  • reverse engineer, or permit others to reverse engineer, Our Services;
  • copy the help features, user forums and other documentation associated with Our Services;
  • rent, lend, publicly perform, present, broadcast or distribute Our Services;
  • make derivative works of Our Services;
  • translate Our Services into another computer language;
  • use Our Services on a device that you do not own or control;
  • permit multiple users to share a single user name to Our Services; or
  • copy, modify, transfer, or use Our Services in a way that is not specifically mentioned by us in this Terms of Use.
ii. Harmful or Illegal Use

By using the Services, you agree to respect My Town TV and fellow subscribers. To the extent permitted by applicable law, you are NOT ALLOWED to:

  • permit multiple users to share a single subscription to Our Services;
  • undergo excessive use of CPU time, bandwidth, network capacity, disk IO, or storage space;
  • use “warez,” including pirated software, ROMs, emulators, phreaking, hacking, phishing, password cracking or cheating, IP spoofing, etc.;
  • use or launch any automated system on Our network, including (without limitation) “robots” or “spiders.”
  • use BitTorrents or related technology on Our servers;
  • attempt to access other networks or accounts that do not belong to you on Our network;
  • undergo any act that interferes with the Services of another subscriber or network;
  • circumvent security measures on the network or Our Services;
  • engage in illegal activities or engage in activities harmful to the operations of My Town TV, our Services or other subscribers or users;
  • use the network or Services to collect or use any personally identifiable information (“PII”) including, without limitation, account names, email addresses, or other subscriber and user data;
  • engage in terroristic activities;
  • send or store infringing, obscene, libelous, or otherwise unlawful or tortious material, including material that is harmful to children or that violates any third party IP or privacy rights; or
  • Provide false data on any of the Services.
F. Availability

The availability of Our Services and Media is subject to your geographic location, internet connection, and the devices you use to access Our Services. While My Town TV strives to provide you with fast and reliable streaming media experience, there are some instances where your device or internet connection may cause playback to be slow or where your geographic location can restrict you from viewing some Media.

My Town TV will not be responsible for issues in quality or outages. A download speed of 3Mbps (megabits per second) is required to view HD Media (defined as 720p or better). You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges.

7. TERMINATION

If We suspect that you are violating any of these Terms of Use, or if you are found to be using Our Services improperly, We reserve the power to terminate your account without notice and without compensating you.

A. Account Security

It is your responsibility, and not My Town TV’s, to monitor the accuracy and security of your subscriber account. Every subscriber account is protected by a username and password. Your account also grants you the ability to store payment information. You should never reveal your password or financial information to anyone. If you believe that your username or password was stolen, it is your responsibility to immediately contact My Town TV’s help center support@mytowntv.com to change your user information.

B. Contacting You

My Town TV will never contact you for sensitive account information outside of the My Town TV website dashboard. You should never open any emails or click any links that appear to be from My Town TV regarding your account outside of the My Town TV dashboard, no matter how legitimate these communications may look. Please access and change all information through your My Town TV dashboard by logging in with your username and password and clicking “ACCOUNT.” New notifications will be marked in red and appear in the top right corner of your “ACCOUNT” page.

8. DISCLAIMERS, WARRANTIES AND LIMITATIONS OF LIABILITY

A. LIMITATION OF LIABILITY

You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with Our Services is to request that your user profile be deleted and to stop using the Services.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SLC MEDIA GROUP, LLC D/B/A MY TOWN TV, ITS OFFICERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS BE LIABLE FOR (i) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE MY TOWN TV SERVICES, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER MY TOWN TV HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (ii) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO MY TOWN TV SERVICES WILL NOT BE MORE THAN THE AMOUNTS PAID BY YOU TO MY TOWN TV DURING THE PRIOR THREE MONTHS IN QUESTION.

B. INTERNET DELAYS

THE MY TOWN TV SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS THAT ARE ASSOCIATED WITH THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. MY TOWN TV IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM THESE PROBLEMS.

C. WARRANTY DISCLAIMER

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MY TOWN TV SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES, CONDITIONS, REPRESENTATIONS OR GUARANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. MY TOWN TV DOES NOT WARRANT THAT ITS SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SERVICES WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA. YOU AGREE THAT YOUR USE OF MY TOWN TV SERVICES IS AT YOUR SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AN MY TOWN TV AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY.

D. EXCLUSIONS AND LIMITATIONS

Some states and/or jurisdictions do not allow the exclusion of implied warranties or for liability limitations to be placed on certain types of damages (including incidental or consequential damages). Nothing in this Agreement is intended to exclude or limit any condition, warranty, right or liability that may not be lawfully excluded or limited.

9. ARBITRATION AGREEMENT

ANY DISPUTE ARISING OUT OF THIS AGREEMENT SHALL BE RESOLVED AND DETERMINED BY ARBITRATION UNDER THE THEN-CURRENT RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATION PROCEEDINGS SHALL BE HELD IN BOYD COUNTY, KENTUCKY. ALL QUESTIONS OF LAW SHALL BE DECIDED IN ACCORDANCE WITH THE LAWS OF THE COMMONWEALTH OF KENTUCKY. TO THE EXTENT POSSIBLE, THE PARTIES SHALL UTILIZE THE SIMPLIFIED RULES OF ARBITRATION AS SET FORTH BY THE AMERICAN ARBITRATION ASSOCIATION.

YOU AND MY TOWN TV AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Further, unless both you and My Town TV agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

9. GENERAL

A. SEVERABILITY

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

B. INTELLECTUAL PROPERTY
i. Copyright

The My Town TV service, including all content provided on the My Town TV Services, is protected by United States and international copyright, trade secret or other intellectual property laws and treaties.

ii. Trademarks

My Town TV is a registered trademark of SLC Media Group, LLC. For information on use of My Town TV trademarks visit https://mytowntv.com/policies/trademarks.

iii. Patents

My Town TV has patents that apply to Our Service. For information on My Town TV patents visit https://mytowntv.com/policies/patents.

iv. Claims of Copyright Infringement

If you believe your work has been reproduced or distributed in a way that constitutes copyright infringement or are aware of any infringing material available through the My Town TV service, please notify us by completing the Copyright Infringement Claims form (https://mytowntv.com/policies/copyrights).

C. GOVERNING LAW

This Agreement will be interpreted in accordance with the laws of the Commonwealth of Kentucky, including all matters of construction, validity, performance, and enforcement, without giving effect to any principles of conflict of laws.