Due to limitations imposed on us by our content suppliers, the videos we make available to you on LMC, Inc. (LMC) Video are subject to restrictions on viewing (for example, through streaming or download) and on the length of time we make them available to you. The specific restrictions applicable to each of your videos depends on whether you purchase the video, rent the video, access the video on a subscription basis through a paid subscription or a promotional trial. These restrictions may change over time as we add new features, devices and content to our service. The following are restrictions for accessing LMC Video through your Web browser and compatible Internet-connected TVs, tablets and other compatible devices.
Purchased Videos for One Year
- Ways to Watch: When you purchase a video for on-demand viewing, we’ll make it available to you to stream and, in most cases, download as follows:
- Streaming: You may stream purchased videos for one year online through your Web browser and compatible Internet-connected TVs, Blu-ray players, set-top-boxes, Fire tablets, and other compatible devices.
- Downloading: When a download option is available, you may download videos you purchase to compatible download devices (device compatibility may vary by location). After downloading a purchased video, you may also stream that video as described above.
- Viewing Period: You’ll have access to the video until at least 1 year following the date of purchase on LMC — you may watch and re-watch your purchased videos as often as you want and as long as you want within the year of purchase.
Rental Videos
- Ways to Watch: When you rent a video for on-demand viewing, we will make it available to you to stream and, in most cases, download as follows:
- Streaming: You may stream rental videos online through your Web browser and compatible Internet-connected TVs, Blu-ray players, set-top-boxes, Fire tablets, and other compatible devices. You may stream the same video to no more than one device at a time.
- Downloading: When a download option is available, you may download videos you rent to one compatible download device (device compatibility may vary by location). Once you have downloaded a rental video to a compatible download device, you may not download that video to another device or simultaneously watch it on more than one device using the same LMC account. However, you may start watching a downloaded video on one compatible device and later stream that video on another compatible device (as long as it isn’t playing simultaneously on more than one device).
- Viewing Period: For rental videos, you’ll typically have 48 hours to finish watching the video once you have commenced streaming or downloading, provided that in any event you must finish watching the video prior to expiration of the applicable expiration window.
Purchase and Rental Transactions; Cancellations. Except as described in this paragraph, all transactions for Purchased Digital Content, Rental Digital Content and PPV Digital Content are final, and we do not accept returns of such Digital Content. You may cancel an order for Purchased Digital Content or Rental Digital Content within 48 hours of purchase or rental (or, for customers in the European Union, within 14 days from the date of purchase or rental); except that you may not cancel an order for Purchased Digital Content or Rental Digital Content once you have started watching or downloading such Digital Content. You may cancel a pre-order for Purchased Digital Content or Rental Digital Content any time before its release date. You may cancel an order for PPV Digital Content any time before the scheduled start of the program. The release date of pre-ordered Digital Content is subject to change.
Payment Methods. If we are unable to process your payment using your designated payment method, we reserve the right to charge any payment method we have on file for you. If all payment methods we have on file for you are declined for payment of your membership fee, your membership will be cancelled unless you provide us with a new payment method. If you provide us with a new payment method and are successfully charged before your membership is cancelled, your new membership period will be based on the original billing date and not the date of the successful charge. You can use “Your Account” settings to update your designated payment method(s).
Limited License to Digital Content. Subject to payment of any charges to rent, purchase, or access Digital Content, and your compliance with all terms of this Agreement, LMC grants you a non-exclusive, non-transferable, non-sublicensable, limited license, during the applicable Viewing Period, to access and view the Digital Content in accordance with the Usage Rules, for personal, non-commercial, private use. We may automatically remove Digital Content from your Compatible Device after the end of its Viewing Period.
Availability of Purchased Digital Content. Purchased Digital Content will generally continue to be available to you for download or streaming from the Service, as applicable, but may become unavailable due to potential content provider licensing restrictions or for other reasons, and LMC will not be liable to you if Purchased Digital Content becomes unavailable for further download or streaming.
Playback Quality; Streaming. The playback resolution and quality of the Digital Content you receive will depend on a number of factors, including the type of Compatible Device on which you are accessing the Digital Content and your bandwidth, which may increase or decrease over the course of your viewing. If we detect that Digital Content we are streaming to you may be interrupted or may otherwise not play properly due to bandwidth constraints or other factors, we may decrease the resolution and file size of the streamed Digital Content in an effort to provide an uninterrupted viewing experience. While we strive to provide you a high quality viewing experience, we make no guarantee as to the resolution or quality of the Digital Content you will receive when streaming, even if you have paid extra for access to high definition, ultra-high definition, or high-dynamic-range content.
General Restrictions. You may not (i) transfer, copy or display the Digital Content, except as permitted in this Agreement; (ii) sell, rent, lease, distribute, or broadcast any right to the Digital Content; (iii) remove any proprietary notices or labels on the Digital Content; (iv) attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management or other content protection system used as part of the Service; or (v) use the Service or Digital Content for any commercial or illegal purpose.
Audience Measurement. For US customers only, certain third parties, such as advertisers and content owners, are interested in understanding how their content is performing on LMC Video Channels. While viewing certain Channels, LMC may provide information about your viewing behavior to third parties for purposes of audience measurement and market research.
ADDITIONAL TERMS
Termination. We may terminate your access to the Service, including any subscription available as part of the Service, at our discretion without notice (except as may be required by applicable law). If we do so, we will give you a pro-rated refund of your subscription fee (if any); however, if you violate any of the terms of this Agreement, your rights under this Agreement will automatically terminate without notice, and LMC may, in its discretion, immediately revoke your access to the Service and to Digital Content without refund of any fees. In such event, you must delete all copies of Digital Content that you have downloaded.
Explicit Content. By using the Service, you may encounter content that may be offensive, indecent or objectionable; this content may or may not be identified as having explicit language or other attributes. Nevertheless, you agree to use the Service at your sole risk, and LMC has no liability to you for any content. Content types, genres, categories, and descriptions are provided for convenience, and LMC does not guarantee their accuracy.
Communications. We may send you promotions or otherwise communicate with you electronically, which may include e-mail, push notification, or posts to your LMC Message Center, and you hereby consent to receive those communications (unless you are a customer in the European Union, in which case the preceding sentence does not apply). These communications will be in accordance with the LMC Privacy Notice of your Video Marketplace. To stop receiving marketing communications from LMC, Inc., contact LMC via email at localmusicchannel.com.
Modification of Service. LMC reserves the right to modify, suspend, or discontinue the Service, or any part of the Service, at any time and without notice (except as required by applicable law), and LMC will not be liable to you should it exercise such rights, even if your ability to use Digital Content is impacted by the change.
Amendments. LMC reserves the right to make changes to this Agreement at any time by posting the revised terms in connection with the Service. To the maximum extent permitted by law, your continued use of the Service or Software following any changes will constitute your acceptance of such changes. However, any increase in subscription fee will not apply until your subscription is renewed.
Reservation of Rights; Waiver. The Service, Software and the Digital Content embody intellectual property that is protected by law. Copyright owners of Digital Content are intended third-party beneficiaries under the Agreement. Our failure to insist upon or enforce your strict compliance with the Agreement will not constitute a waiver of any of our rights.
Disputes/Conditions of Use. Any dispute or claim arising from or relating to this Agreement or the Service is subject to the governing law, disclaimer of warranties and limitation of liability, any binding arbitration, and all other terms in the LMC Conditions of Use of your Video rental, membership or purchase. You agree to those terms by using the Service. YOU MAY ALSO BE ENTITLED TO CERTAIN CONSUMER PROTECTION RIGHTS UNDER THE LAWS OF YOUR LOCAL JURISDICTION.
Limitation of Liability. Without limiting the disclaimer of warranties and limitation of liability in the LMC Conditions of Use of your Video rental, membership or purchase: (i) in no event shall our or our software licensors’ total liability to you for all damages arising out of or related to your use or inability to use the Software exceed the amount of fifty dollars ($50.00); and (ii) in no event shall our or our Digital Content providers’ total liability to you for all damages arising from your use of the Service, the Digital Content, or information, materials or products included on or otherwise made available to you through the Service, exceed the amount you paid to us over the past 12 months to purchase, rent, or view the Digital Content related to your claim for damages. The limitations in this section will apply to you even if the remedies fail of their essential purpose.
Contact Information. For communications concerning this Agreement, please write to LMC at the applicable notice address or contact via email at localmusicchannel.com.
Severability. If any term or condition of this Agreement is deemed invalid, void, or for any reason unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining term or condition.