By subscribing to our Services, you receive access to: (i) the content made available; (ii) applications owned, operated or otherwise controlled by us; (iii) certain software, technology and other intellectual property rights owned or operated by us.
In order to access and use our Services, you must have a broadband, wireless or similar internet connection, and you will need to obtain such internet connection from a third-party internet or similar wireless service provider at your sole cost and expense. It is your responsibility to obtain and maintain the internet connectivity necessary to access and use our Services.
Prior to accessing certain of our Services, you will be required to provide certain personal information determined by us as necessary to create a Membership Account. To become an Authorized User you must first register with us for a Membership Account. You will be required to create login credentials, comprised of a user name and password (“Login Credentials”) designed to enable access and use your Membership Account. You are responsible for any and all actions, omissions, or other activities related to your Membership Account.
iGOL will bill you monthly in advance for your Subscription Services. Charges are billed to the credit or debit card you registered with your Membership Account. iGOL may, from time to time and at any time, change the amount of or basis for determining any fees or charges, and/or institute new fees, surcharges, or other charges as determined by us (e.g., surcharges imposed for transmission of programming content in certain jurisdictions). You agree to pay all amounts billed for our Services, as well as all taxes, fees, and other charges, if any, that are now or may in the future be assessed in connection with any of our Services you access or use, and any other charges due and owing to us.
All payments made by you are non refundable.
You agree to use our Services, including all features and functionalities associated therewith, in accordance with all applicable laws (e.g., public performance limitations or other restrictions on any use of our Services or contents therein). You agree not to archive, download, reproduce, distribute, any portion of our Services without express written permission from iGOL.
If you have a reasonable belief that your or any other’s protected works have been reproduced or distributed in a way that constitutes copyright infringement, or are otherwise aware of any content available in connection with the Services that may be infringing, violating, or otherwise misappropriating the your rights or such other party’s rights, then please notify us immediately by sending us a written statement to the following address: 3250 Mary Street, Suite 301, Miami, FL 33133, which written statement must set forth as much detail as is available, including, at a minimum: (i) your name; (ii) your address; (iii) your Membership Account number (if any); and (iv) a clear and detailed statement about the applicable concern of copyright infringement and/or related claim.
All content made available to you through iGOL is for entertainment purposes only. Neither iGOL nor any content provider recommends or endorses any content or any specific product, service or opinion that maybe included in any content.
The platform and all content are provided as is and as available. iGOL and its providers do not warrant or guarantee the accuracy, completeness and currency of the platform or its content and do not endorse the opinions expressed in the content.
You hereby agree to indemnify, defend, and hold harmless iGOL and its officers, directors, shareholders, affiliates, employees, agents, contractors, assigns, Users, customers, providers, licensors, and successors in interest (“Indemnified Parties”) from any and against all claims, losses, liabilities, damages, fees, expenses and costs (including attorneys’ fees, court costs, damage awards, and settlement amounts) that result from any claim or allegation against any Indemnified Party arising in any manner from: (1) Your access to or use of the Platform or any Content or Services; (2) Your Content or any access to or use thereof; (3) any access to or use of Your Content by any other Users; (4) Your collection, use, or disclosure of any User Information, and (5) Your breach of any provision of this Agreement, including any representation or warranty. iGOL will provide You with notice of any such claim or allegation, and it will have the right to participate in the defense of any such claim at its expense.
IGOL WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), ARISING IN CONNECTION WITH THIS AGREEMENT OR OUT OF THE USE OF THE PLATFORM OR ANY CONTENT OR SERVICES, EVEN IF iGOL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF CONTENT, OPPORTUNITY, REVENUES, PROFITS OR REPUTATION, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE CONTENT, GOODS, OR SERVICES. IGOL’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT, THE PLATFORM, AND ALL CONTENT AND SERVICES PROVIDED UNDER THIS AGREEMENT OR THROUGH THE PLATFORM, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED ANY AMOUNTS PAID BY YOU TO IGOL IN THE 12 MONTH PERIOD PRECEDING THE EVENTS GIVING RISE TO ANY LIABILITY. YOU AGREE THAT IGOL WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. IN JURISDICTIONS WHERE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, IGOL’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Except as otherwise provided below, the parties will attempt to resolve all disputes, controversies, or claims arising under, out of, or relating to this Agreement, including the formation, validity, binding effect, interpretation, performance, breach or termination, of this Agreement and the arbitrability of the issues submitted to arbitration hereunder and non-contractual claims relating to this Agreement (each, a “Dispute”), in accordance with the procedures set forth in this Section. If any Dispute cannot be resolved through negotiations between the parties within 5 days of notice from one party to the other of the Dispute, such Dispute will be finally settled through binding arbitration under the arbitration rules of the JAMS (“JAMS”) then in effect (the “Rules”). Either party may commence the arbitration by delivering a request for arbitration as specified in the Rules. The arbitration will be conducted before a sole neutral arbitrator selected by agreement of the parties. If the parties cannot agree on the appointment of a single arbitrator within 30 days (the “Initial Period”) after either party to this Agreement delivers a request for arbitration, a neutral arbitrator will be selected as provided in the Rules. The arbitration will be conducted exclusively in the English language at a site specified by iGOL in Miami, FL, U.S.A. The award of the arbitrator will be the exclusive remedy of the parties for all claims, counterclaims, issues or accountings presented or plead to the arbitrator. The award of the arbitrators will require payment of the costs, fees and expenses incurred by the prevailing party in any such arbitration by the non-prevailing party. Judgment upon the award may be entered in any court or governmental body having jurisdiction thereof. Any additional costs, fees or expenses incurred in enforcing the award may be charged against the party that resists its enforcement.
The interpretation of the rights and obligations of the parties under this Agreement, including, to the extent applicable, any negotiations, arbitrations or other proceedings hereunder, will be governed in all respects exclusively by the laws of the State of Florida U.S.A. as such laws apply to contracts between Florida residents performed entirely within the State of Florida without regard to the conflict of laws provisions thereof. Subject to Section 20 (Disputes), each party will bring any action or proceeding arising from or relating to this Agreement exclusively in a federal or state court located in Miami, FL, U.S.A. and You irrevocably submit to the personal jurisdiction and venue of any such courts in any such action or proceeding brought in such courts by iGOL.