EveryCollege provides a personalized membership service that allows our members to access entertainment content (the “EveryCollege Content”) via the Internet on certain TVs, computers and other Internet-connected devices (“EveryCollege Ready Devices”).
The provider of the EveryCollege service is EveryCollege Inc. These Terms of Use govern your use of our service. As used in these Terms of Use, “the EveryCollege service”, “our service” or “the service” refers to the personalized service provided by EveryCollege for discovering and accessing EveryCollege content, including all features and functionality, recommendations and reviews, our websites and user interfaces, and all content and software associated with our service. References to “you” in these Terms of Use mean the member who created the EveryCollege account and is billed for charges through your payment method.
1. Membership
1.1. Your EveryCollege membership will continue until you cancel it. To use the EveryCollege service, you must have internet access and an EveryCollege-ready device, and provide one or more Payment Methods. “Payment Method” means a current, valid and accepted payment method that can be updated periodically and that supports payments through your third party account. Unless you cancel your membership prior to your billing date, you authorize us to charge your next billing cycle's membership fee to your Payment Method (see “Cancellation” below).
We may offer a variety of membership plans, including memberships offered through 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. Certain membership plans may include various conditions and limitations, which are made clear in the subscription agreement or other communications. Specific information about your EveryCollege membership can be found by visiting the EveryCollege.com website and clicking on the “Account” link available at the top of the pages under your profile name.
2.2. Promotional Offers. From time to time, we may make special promotional offers, plans or memberships (“Offers”). EveryCollege determines eligibility for the Offer in its sole discretion, and we reserve the right to revoke an Offer and suspend your account if we determine that you are not eligible. Household members with an existing or recent EveryCollege membership may not be eligible for certain introductory Offers. We may use information such as device ID, payment method or account email address used with an existing or recent EveryCollege membership to determine Offer eligibility. Eligibility requirements and other limitations and conditions will be disclosed to you when you subscribe to the Offer or in other communications made available to you.
2. Promotional Offers.
From time to time, we may make special promotional, plan or membership offers (“Offers”). EveryCollege determines eligibility for the Offer in its sole discretion, and we reserve the right to revoke an Offer and suspend your account if we determine that you are not eligible. Household members with an existing or recent EveryCollege membership may not be eligible for certain introductory Offers. We may use information such as device ID, payment method or account email address used with an existing or recent EveryCollege membership to determine Offer eligibility. Eligibility requirements and other limitations and conditions will be disclosed to you when you subscribe to the Offer or in other communications made available to you.
3. Invoicing and cancellation
3.1. Billing Cycle. The membership fee for the EveryCollege Service and any other charges you incur in connection with your use of the EveryCollege Service, such as taxes and fees for any possible transactions, will be charged through your Payment Form on the specific payment date indicated on the “Account” page. The length of your billing cycle will depend on the type of membership you selected when you subscribed to the service. In certain cases, your payment date may change, for example, if your Payment Method could not be successfully charged, when you change your membership plan, or if your paid membership started on a day that is not included in a certain month. Visit the EveryCollege.com website and click on the “Billing Information” link on the “Account” page to view your next payment date. We may authorize your Payment Form prior to the collection of membership or service related charges through various methods, and even authorize it for approximately one month of service since your registration. If you subscribed to EveryCollege using your account with a third party as a Payment Method, you can find the billing information of your EveryCollege membership in your account of the relevant third party service.
3.2. Payment methods. To use the EveryCollege Service, you must provide one or more Forms of Payment. You authorize us to charge any Form of Payment associated with your account in the event of rejection or unavailability of your primary Form of Payment to collect your membership fee. Any outstanding charges will be charged to you. If payment cannot be made satisfactorily, due to the due date, lack of funds or other reasons, and if you do not cancel your account, we may suspend your access to the service until we obtain a valid Payment Method. For some Payment Forms, the issuer may charge you certain fees, such as foreign transaction fees or other fees related to the processing of your Payment Form. Local taxes vary depending on the Form of Payment used. Check with your Form of Payment service provider for information.
3.3. Updating your Payment Methods. You may update your Payment Method on the “Account” page. We may also update your Payment Method using information provided by the applicable payment service providers. Upon any such update, you authorize us to charge the applicable Payment Method(s).
3.4. Cancellation. You may cancel your EveryCollege membership at any time, and you will continue to have access to the Service until the end of your billing period. To the extent permitted by applicable law, payments are non-refundable and no refunds or credits will be given for partially used membership periods or unused EveryCollege content. To cancel, visit the “Account” page and follow the cancellation instructions. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will be closed, click on “Billing Information” on the “Account” page. If you subscribed to EveryCollege using your account with a third party as a Payment Method and wish to cancel your EveryCollege membership, you may need to do so through that third party, either by visiting your account with the applicable third party to deactivate your automatic renewal or by canceling membership to the EveryCollege service through that third party.
3.5. Changes in Price and Membership Plans. We may change our membership plans and the price of our service from time to time. We will inform you of changes to the price of the service or your membership plans at least one month prior to the effective date. If you do not wish to accept the price change or plan modification, you may cancel your membership before the change takes effect.
4. EveryCollege Service
4.1. You must be at least 18 years of age, or the age of majority in your province, territory or country, to be a member of the EveryCollege service. Minors may only use the service under the supervision of an adult.
4.2. The EveryCollege Service and all content accessed on the EveryCollege Service is for personal, non-commercial use only, and should not be shared with anyone other than members of your household, unless permitted by your membership plan. During your EveryCollege membership, we grant you a limited, non-exclusive, non-transferable right to access the EveryCollege service and content. Beyond this, no other right, title or interest is transferred to you. You agree that you will not use the service for public performances.
4.3. You may access EveryCollege content primarily in the country where you established your account and only in the geographic locations where we offer our service and where that content is licensed. The content that may be available may vary by geographic location and changes from time to time. The number of devices on which you can view simultaneously depends on the chosen membership plan and is specified on the “Account” page.
4.4. The EveryCollege service, including the content library, is updated frequently, and we may give you the opportunity to watch special or live events (including re-watching such content) or enjoy additional new features. Such content and new features may contain space for commercials and other types of commercial messages. EveryCollege does not endorse or sponsor any advertised products or services, and any interaction with advertisers, including through interaction with interactive advertisements, is at your own choice and risk. In addition, we regularly test various aspects of our service, such as our websites, user interfaces and promotional features. You may deactivate your participation in testing at any time by visiting the “Account” page and changing the “Test Participation” settings.
4.5. Some EveryCollege content is available for temporary download and offline viewing on certain supported devices (“Offline Titles”). Restrictions apply, including restrictions on the number of offline Titles per account, the maximum number of devices that can contain offline Titles, the period within which you must begin viewing the offline Titles and how long the offline Titles will remain accessible. Some offline Titles may not be playable in certain countries and, if you connect in a country where that offline Title cannot be streamed, that Title may not be playable while you are in that country.
4.6. You agree to use the EveryCollege service, including all features and functionality associated with it, in accordance with all applicable laws, rules and regulations, or any other restrictions on the use of the service or its content. Except as explicitly authorized by us, you agree:
(i) not to archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on, or obtained from or through the EveryCollege service;
(ii) not circumvent, remove, alter, disable, disable, diminish, block, obscure or obstruct any content protection measures or other elements of the EveryCollege Service, including the graphical user interface, copyright notices and trademarks;
(iii) not use any robot, spider, scraper or other automated means to access the EveryCollege Service; nor decompile, reverse engineer, disassemble the software or other product or process accessed through the EveryCollege Service;
(iv) not in any way introduce any code or product or manipulate the content of the EveryCollege service;
(v) not use any method of data mining, harvesting or extraction;
(vi) not upload, post, email or otherwise transmit any material designed to disrupt, destroy or limit the functionality of computer software or hardware, or telecommunications equipment associated with the EveryCollege service, including material that contains software viruses or any other code, files or programs.
We may terminate or restrict your use of our service if you violate these Terms of Use or engage in illegal or fraudulent use of the service.
4.7. The picture quality of EveryCollege content may vary from device to device and may be affected by various factors, such as location, available bandwidth or internet connection speed. The availability of high definition (HD), ultra high definition (Ultra HD) and high dynamic range (HDR) content depends on your internet service and the device in use. Not all content is available in all formats, such as HD, Ultra HD or HDR, nor do all membership plans allow you to receive content in all formats. The minimum connection speed for HD video quality (defined as 720p resolution or higher) is 3.0 Mb/s per stream. However, we recommend a faster connection to improve video quality. A connection speed of at least 5.0 Mb/s per stream is recommended to receive Full HD video quality content (defined as a resolution of 1080p or higher). A connection speed of at least 15.0 Mb/s per stream is recommended to receive Ultra HD video quality content (defined as 4K resolution or higher). You are responsible for all Internet access charges. Ask your Internet service provider for information about possible data consumption charges for Internet usage. The time it takes to start viewing EveryCollege content will vary depending on a number of factors, including your location, the bandwidth available at the time, the content you have selected, and the configuration of your EveryCollege-ready device.
4.8. The EveryCollege software is developed by EveryCollege or for EveryCollege, and may only be used for authorized streaming and accessing EveryCollege content through EveryCollege-ready devices. This software may vary by device and medium, and functionalities and features may also vary from device to device. You acknowledge that use of the Service may require third party software that is subject to third party licenses. You agree that you may automatically receive updated versions of EveryCollege software and related third party software.
5. Passwords and Account Access. You are responsible for any activity that occurs on the EveryCollege account. By allowing others to access the account (including access to information about account viewing activity), you agree that they are acting on your behalf and that you will have to agree to any changes they may make to the account, including but not limited to changes to the membership plan. To help maintain control over the account and prevent any unauthorized user from accessing the account, you must maintain control over the devices used to access the service, and not disclose the password or Form of Payment details associated with the account to anyone. You agree to provide and maintain accurate information in connection with your account, including a valid email address so that we can send you notifications about your account. We may terminate or suspend your account to protect you, EveryCollege or our partners against identity theft or other fraudulent activity.
6. Disclaimer of Warranties and Limitations of Liability. EveryCollege's service is provided “as is”, without warranty or condition. In particular, our service is not warranted to be uninterrupted or error-free. You disclaim all special, indirect and consequential damages against us. These terms shall not limit any non-waivable warranties or consumer protection rights to which you are entitled under the mandatory laws of your country of residence.
7. Class Action Waiver. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND EveryCollege AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON ITS OWN BEHALF, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN A CLASS OR REPRESENTATIVE ACTION. In addition, if permitted by applicable law, unless both you and EveryCollege agree otherwise, the court may not join more than one person's cause of action with your cause of action or otherwise preside over any representative or class action.
8. Miscellaneous Provisions
8.1. Governing Law. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Delaware, U.S.A., notwithstanding any conflict of interest provisions of private international law. These Terms shall not limit your consumer protection rights under the mandatory laws of your country of residence.
8.2. Unsolicited Material. EveryCollege does not accept unsolicited materials or ideas for its content, and is not responsible for the similarity between the content or programming of any media with the materials or ideas transmitted to EveryCollege.
8.3. Customer Service. If you need more information about our service and its features, or if you need assistance with your account, please visit the EveryCollege Help Center, which can be accessed through the EveryCollege.com website. In some cases, Customer Service may be able to better assist you by using a remote access support tool with full access to your computer. If you do not want us to have this access, you should not authorize assistance through the remote access tool, and we will assist you otherwise. In the event of a conflict between these Terms of Use and information provided by Customer Service or other sections of our websites, these Terms of Use will resolve any differences.
8.4. Effectiveness. If any provision or provisions of these Terms of Use are held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall continue in full force and effect.
8.5. Changes to the Terms of Use and Assignment. EveryCollege may change these Terms of Use when necessary. In case of material changes, we will inform you at least one month before such changes apply to you. If you do not wish to accept the changes, you may cancel your membership before the changes become effective. We may assign or transfer our agreement with you, including our associated rights and obligations, at any time and you agree to cooperate with us in connection with any such assignment or transfer.
8.6. Electronic Communications. We will send you information regarding your account (e.g., payment authorizations, invoices, password or Payment Method changes, confirmation messages, notices) electronically only, e.g., via emails to the email address provided during registration.