Welcome to SkitterTV. We are an online subscription service, providing our members with access to television and other audio visual entertainment ("TV") on certain streaming media players ("Skitter ready devices"). We've put together here some detailed terms and conditions. You should read and understand them as they govern your use of our service.
Privacy and Communications Preferences
By using the SkitterTV service, you consent to receiving electronic communications from SkitterTV. These communications will include notices about your account (e.g., change in password or Payment Method, confirmation e-mails and other transactional information) and information concerning or related to our service. These communications are part of your relationship with SkitterTV and you receive them as part of the SkitterTV membership. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Membership and Billing
You can find the specific details regarding your membership with SkitterTV at anytime by visiting our website and clicking on the "Sign In" link. This login is for customers who have signed up through the skittertv.com website, not through our partner telephone companies.
If you are eligible, and have signed up for a free trial, your Payment Method will be authorized for up to approximately one month of service during free trials; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your free trial period. We may also periodically authorize your card in anticipation of membership or related charges. Membership fees and charges are fully earned upon payment. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. 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. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email. If you want to use a different Payment Method or if there is a change in Payment Method, such as your credit card validity or expiration date, you may edit your Payment Method information by visiting our website and clicking on the "Your Account" link, available at the top of the pages of the SkitterTV website. If your Payment Method reaches its expiration date and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you authorize us to continue billing that Payment Method and you remain responsible for any uncollected amounts.
Your SkitterTV membership, which may start with a free trial portion, will continue month- to-month unless and until you cancel your membership or we terminate it. 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. We will bill the monthly membership fee to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). Membership fees are fully earned upon payment.
You may cancel your SkitterTV membership at any time. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS. To cancel, visit our website and click on "Cancel Membership" on the "Your Account" page and follow the instructions for cancellation under the heading "Cancel Membership."
Right to Terminate
We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.
How Our Service Works
SkitterTV is an online subscription service providing its members with access to live TV using SkitterTV ready devices. Some of these devices are manufactured and sold by entities other than SkitterTV.
Availability. The availability of TV channels will change from time to time. The quality of the display of the streaming movies & TV shows may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. SkitterTV streams a small amount of data as a buffer each time you start watching. Frequently starting and stopping TV will result in a minor increase to the amount of data SkitterTV streams to you per hour. In most cases this will be less than a few minutes worth. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. SkitterTV makes no representations or warranties about the quality of your watching experience on your display.
Start Time: The time it takes to begin watching a TV channel will vary based on a number of factors, including your location, available bandwidth at the time, the channel you have selected and the configuration of your SkitterTV ready device. In addition, you must be connected to the Internet the entire time you are watching.
Device Limitations: To enjoy watching SkitterTV, your equipment must satisfy certain system requirements. YOU MAY CONNECT UP TO FIVE UNIQUE AUTHORIZED SKITTERTV READY DEVICES TO YOUR ACCOUNT. The standard subscription allows ONE device to be connected and up to FOUR additional devices may be added to your account (for an additional fee).
Geographic Limitation: You may watch TV through the SkitterTV service only in geographic locations where we offer our service. The content that may be available to watch will vary by geographic location. SkitterTV will use technologies to verify your geographic location and your billing address must be within the geographic location of your subscription plan.
END USER LICENSE AGREEMENT: BY USING OUR SERVICE, YOU ACKNOWLEDGE AND AGREE (1) TO THE SKITTERTV SOFTWARE END USER LICENSE AGREEMENT FOUND HERE AS SUCH MAY BE AMENDED OR ADDED TO FROM TIME TO TIME AND (2) TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE SKITTERTV AND RELATED THIRD-PARTY SOFTWARE. IF YOU DO NOT ACCEPT THE FOREGOING TERMS, DO NOT USE OUR SERVICE.
In response to requests from content providers, or due to technical limitations, or for any reason in our sole and absolute discretion, and without prior notice to you, some or all TV channels may not be watched, or may cease to be available for watching, through our service on some SkitterTV ready devices.
Features & Functionality
The member who created the SkitterTV account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over the SkitterTV account. The Account Owner's control is exercised through use of the Account Owner's Account Number and PIN and therefore to maintain exclusive control, the Account Owner should not reveal the PIN to anyone. In addition, if the Account Owner wishes to prohibit others from contacting SkitterTV Customer Service and potentially altering the Account Owner's control, the Account Owner should not reveal the Payment Method details (e.g. last four digits of their credit or debit card, or their email address) associated with their account.
Account Access; Identity Protection
In order to provide you with ease of access to your account and to help administer the SkitterTV service, SkitterTV implements technology that enables us to recognize you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the SkitterTV service. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.
You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your SkitterTV ready device. If you disclose your password to anyone or share your account and/or devices with other people, you take full responsibility for their actions. Where possible, users of public or shared devices should log out at the completion of each visit. If you sell or return a SkitterTV ready device, you should logout and/or deactivate the device before doing so. Similarly, if your SkitterTV ready device is lost or stolen, please deactivate the SkitterTV ready device. If you fail to log out or deactivate your device, subsequent users may access the SkitterTV service through your account and may be able to access certain of your account information. To deactivate a device, press the "log out" button in the SkitterTV application on your device.
If you find that you're a victim of identity theft and it involves a SkitterTV account, you should notify Customer Service. Then, you should report this instance to all your card issuers, as well as your local law enforcement agency. Also, you should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the SkitterTV website and not through a hyperlink in an email or any other electronic communication, even if it looks official. SkitterTV reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. SkitterTV is not obligated to credit or discount a membership for holds placed on the account by either a representative of SkitterTV or by the automated processes of SkitterTV.
Disclaimers of Warranties and Limitations on Liability
THE SKITTERTV SERVICE, INCLUDING OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE SKITTERTV SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE AND OUR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SKITTERTV SERVICE, OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH. SKITTERTV DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SKITTERTV SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT SKITTERTV MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE SKITTERTV SERVICE, INCLUDING FEATURES, WITHOUT COMPENSATION OR NOTICE TO YOU. SKITTERTV SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, SKITTERTV READY DEVICES, AND SKITTERTV SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE). Without limiting the foregoing, we and our licensors assume no liability or responsibility for any of the following: (i) errors or omissions in the content delivered by the SkitterTV service or on the SkitterTV website or user interfaces; (ii) recommendations or advice of Customer Service; (iii) any failure or interruption in the availability of the SkitterTV service and/or website or user interfaces, (iv) delivery and or display of any content contained on the SkitterTV website, user interfaces, or otherwise through the SkitterTV service; and (vii) any losses or damages arising from the use of the content provided on the SkitterTV website, user interfaces, or otherwise through the SkitterTV service itself, including any losses or damages arising from downloading of related software, downloading and/or use of any other software, including the remote desktop tool offered by Customer Service, optical media discs or any conduct by users of the SkitterTV service, website or user interfaces. TO THE EXTENT ALLOWABLE BY LAW, WE AND OUR LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current. We do not make any representations with respect to the content contained on TV from the SkitterTV service or the descriptions of any content contained on our website and user interfaces. We do not represent or guarantee that your use of the SkitterTV service will be free from interruption, loss, corruption, attack, viruses, interference, hacking, or other security intrusion and we disclaim any liability with respect thereto. No oral or written information or advice given by us or our authorized representative shall create a warranty or otherwise constitute a representation binding upon SkitterTV or its affiliated parties.
SKITTERTV MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING SKITTERTV READY DEVICES OR THE COMPATIBILITY OF THE DEVICE WITH OUR SERVICE. Additional disclaimers or limitations of liability may be contained in the various third party software end user license agreements you may have agreed to in order to access our service. Click here to view the SkitterTV End User License Agreement.
SkitterTV is a registered trademark of Skitter, Inc. The SkitterTV logo and SkitterTV.com are trademarks or service marks of Skitter, Inc. The SkitterTV website and user interfaces, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of SkitterTV, Inc. The trademarks, service marks and trade dress of SkitterTV may not be used or reproduced without prior written approval from SkitterTV and may not be used in connection with any product or service that is not affiliated with SkitterTV, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of SkitterTV, or in any manner that disparages or discredits SkitterTV. Other trademarks that appear on the SkitterTV website and user interfaces are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by SkitterTV. Any images of persons or personalities contained on the SkitterTV website and user interfaces are not an indication or endorsement of SkitterTV or any particular product or our service unless otherwise indicated.
Use of Information Submitted
SkitterTV is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the SkitterTV service, including the SkitterTV website and user interfaces, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the SkitterTV service. Furthermore, by posting any Feedback on our site, submitting Feedback to us, or in responding to questionnaires, you grant us a perpetual, worldwide, non-exclusive, royalty-free irrevocable license, including the right to sublicense such right, and right to display, use, reproduce or modify the Feedback submitted in any media, software or technology of any kind now existing or developed in the future.
Please note SkitterTV does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to SkitterTV. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against SkitterTV and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.
From time to time, we test various aspects of our service, including our website, user interfaces, service levels, plans, promotions, features, availability of TV, delivery, and pricing, and we reserve the right to include you in or exclude you from these tests without notice.
If you need assistance with your account, you may find answers and reach Customer Service at any time here, where you will find the answers to many frequently asked questions and information on submitting a Customer Service request.
Your Conduct in Accessing the SkitterTV Service
By accessing the SkitterTV service, including the SkitterTV website and user interfaces, you agree to use the SkitterTV service, including all features and functionalities associated therewith, the website and user interfaces and all content and software associated therewith in accordance with all applicable laws, rules and regulations, including public performance limitations or other restrictions on use of the service or content therein. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the SkitterTV service. You also agree not to interfere with the servers or networks connected to any portions of the SkitterTV service or to violate any of the procedures, policies or regulations of networks connected to the SkitterTV service. You also agree not to impersonate any other person while using the SkitterTV service, conduct yourself in a vulgar or offensive manner while using the SkitterTV service, or use the SkitterTV service for any unlawful purpose.
Limitations on Use
Links and Pages
Claims of Copyright Infringement
It is the policy of SkitterTV to respect the intellectual property rights of others. SkitterTV does not condone unauthorized reproduction or distribution of copyrighted content. 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 SkitterTV service, please notify us.
If you elect to seek arbitration, you must first send to SkitterTV, by certified mail, a written Notice of your claim ("Notice"). The Notice to SkitterTV should be addressed to: General Counsel, Skitter, Inc., 3230 Peachtree Corners Circle Suite H Norcross GA 30092 ("Notice Address"). If SkitterTV elects to seek arbitration, it will send, by certified mail, a written Notice to the address used for your membership account. A Notice, whether sent by you or by SkitterTV, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If SkitterTV and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or SkitterTV may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by SkitterTV or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you are required to pay a filing fee, after SkitterTV receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless SkitterTV and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. (If you reside outside of the United States, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you, but will remain subject to the AAA Rules including the AAA rules regarding the selection of an arbitrator). If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of SkitterTV's last written settlement offer made before an arbitrator was selected (or if SkitterTV did not make a settlement offer before an arbitrator was selected), then SkitterTV will pay you the amount of the award or US$1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
YOU AND SKITTERTV 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 SkitterTV 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.
Effective Date: December 12, 2013