Terms of Use

Note: We are currently not charging or requesting your information for viewership and membership. Some of these terms do not apply.

Overview:
Welcome to The OnPoint Channel and Network, LLC! We are a streaming service that provides our members with access to motion pictures, television and other audio-visual entertainment ("OnPoint content") streamed over the Internet to certain Internet-connected TV's, computers and other devices ("OnPoint ready devices").
You have accepted these Terms of Use, which govern your use of our service. As used in these Terms of Use, "OnPoint service," "our service" or "the service" means the service provided by OnPoint for discovering and watching OnPoint content, including all features and functionalities, website, and user interfaces, as well as all content and software associated with our service.
You agree to the Arbitration Agreement and class action waiver described in Section 15 to resolve any disputes with OnPoint (except for matters that may be taken to small claims court).
Please note that these Terms of Use include hyperlinks that may be accessed only through our website, so if you are reviewing these Terms of Use through certain OnPoint ready devices, you may need to visit www.theonpointchannel.com/Terms to review these hyperlinked terms.
 

Acceptance of Terms of Use
These Terms of Use, which include our Privacy Statement (www.theonpointchannel.com/Privacy) and End User License Agreement govern your use of the OnPoint service. By using, visiting, or browsing the OnPoint service, you accept and agree to these Terms of Use. If you do not agree to these Terms of Use, do not use the OnPoint service.
The OnPoint service is provided by OnPoint, Inc., or one of its affiliated companies. 

Changes to Terms of Use. OnPoint may, from time to time, change these Terms of Use, including the Privacy Statement. Such revisions shall be effective immediately; provided however, for existing members, such revisions shall, unless otherwise stated, be effective 30 days after posting. We will endeavor to post prior versions of the Terms of Use, if any, for the preceding 12-month period. 
Privacy. Personally, identifying information is subject to our Privacy Statement, the terms of which are incorporated herein. Please review our Privacy Statement to understand our practices.


Communication Preferences. By using the OnPoint service, you consent to receiving electronic communications from OnPoint relating to your account. These communications may involve sending emails to your email address provided during registration, or posting communications on the OnPoint service, or in the "Your Account" page and will include notices about your account (e.g., payment authorizations, change in password or Payment Method, confirmation e-mails and other transactional information) and are part of your relationship with OnPoint. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from us, such as newsletters about new OnPoint features and content, special offers, promotional announcements and customer surveys via email or other methods. If you no longer want to receive certain non-transactional communications, simply go to the "Communication settings" link on the "Your Account" page of our website (www.theonpointchannel.com/YourAccount) to manage your OnPoint communications. Please review our Privacy Statement (www.theonpointchannel.com/Privacy) for further detail on our marketing communications.
Membership, Free Trials, Billing and Cancellation

Membership

Ongoing Membership. Your OnPoint membership, which may start with a free trial, will continue month-to-month and automatically renew unless and until you cancel your membership, or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, "Payment Method") to use the OnPoint service. We will bill the monthly membership fee to your Payment Method. You must cancel your membership before it renews each month to avoid billing of the next month's membership fees to your Payment Method.
Differing Memberships. We may offer several membership plans, including special promotional plans or memberships with differing conditions and limitations. Any materially different terms from those described in these Terms of Use will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your membership with OnPoint by visiting our website and clicking on the "Your Account" link. Some promotional memberships are offered by 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. We reserve the right to modify, terminate or otherwise amend our offered membership plans.

Free Trials

Your OnPoint membership may start with a free trial. The free trial period of your membership lasts for six months, or as otherwise specified during sign-up. For combinations with other offers, restrictions may apply. Free trials are for new and certain former members only. OnPoint reserves the right, in its absolute discretion, to determine your free trial eligibility.
We will begin billing your Payment Method for monthly membership fees at the end of the free trial period of your membership and your membership will automatically renew monthly unless you cancel prior to the end of the free trial period. To view the specific details of your membership, including monthly membership price and end date of your free trial period, visit our website and click the "View billing details" link on the "Your Account" page. We may authorize your Payment Method through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.
CLICK THE "YOUR ACCOUNT" LINK AT THE TOP OF ANY OnPoint WEB PAGE (www.theonpointchannel.com) TO FIND CANCELLATION INSTRUCTIONS. We will continue to bill your Payment Method monthly for your membership fee until you cancel.

Billing

Recurring Billing. By starting your OnPoint membership and providing or designating a Payment Method, you authorize us to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the OnPoint service, such as taxes or possible transaction fees, to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption, and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.
Price Changes. We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to your service will take effect following email notice to you.
Billing Cycle. The membership fee for our service will be billed at the beginning of the paying portion of your membership and each month thereafter unless and until you cancel your membership. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership. Membership fees are fully earned upon payment. We reserve the right to change the timing of our billing as indicated below, if your Payment Method has not successfully settled. In the event you’re paying membership began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your Netflix membership or became a paying member on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your Membership. Visit our website and click on the "View billing details" link on the "Your Account" page to see the commencement date for your next renewal period. We may authorize your Payment Method in anticipation of membership or service-related charges. As used in these Terms of Use, "billing" shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, month or monthly refers to your billing cycle.
No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all 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.
Payment Methods. 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 OnPoint website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. We may update your Payment Method with information provided by the applicable payment service provider, and you authorize us to continue to charge the membership fee to the updated Payment Method. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
Cancellation. You may cancel your OnPoint membership at any time, and you will continue to have access to the OnPoint service through the end of your monthly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS OR UNWATCHED ONPOINT CONTENT. To cancel, go to the "Your Account" page on our website and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click "View billing details" on the "Your Account" page. If you signed up for OnPoint using your account with a third party as a Payment Method, and wish to cancel your OnPoint membership at any time, including during your free trial, you may need to do so through such third party, including by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from, the OnPoint service through that third party. You may also find billing information about your OnPoint membership by visiting your account with the applicable third party.

OnPoint Service

You must be 18 years of age, or the age of majority in your province, territory or country, to become a member of the OnPoint service. Individuals under the age of 18, or applicable age of majority, may utilize the service only with the involvement of a parent or legal guardian, under such person's account and otherwise subject to these Terms of Use.
The OnPoint service and any content viewed through our service are for your personal and non-commercial use only. During your OnPoint membership, we grant you a limited, non-exclusive, non-transferable, license to access the OnPoint service and view OnPoint content through the service. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.
You may view OnPoint content through the OnPoint service primarily within the country in which you have established your account and only in geographic locations where we offer our service and have licensed such OnPoint content. The content that may be available to watch will vary by geographic location. OnPoint will use technologies to verify your geographic location. THE NUMBER OF DEVICES ON WHICH YOU MAY SIMULTANEOUSLY WATCH IS LIMITED. Go to the change plan information in the "Your Account" page to see the number of devices on which you may simultaneously watch. The number of devices available for use and the simultaneous streams may change from time to time at our discretion.
We continually update the OnPoint service, including the content library. In addition, we continually test various aspects of our service, including our website, user interfaces, service levels, plans, promotional features, availability of OnPoint content, delivery and pricing. We reserve the right to, and by using our service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our service.
Some OnPoint content is available for temporary download and offline viewing on certain supported devices (“Offline Titles”). Limitations apply, including restrictions on the number of Offline Titles per account, the maximum number of devices that can contain Offline Titles, the time within which you will need to begin viewing Offline Titles and how long the Offline Titles will remain accessible. Some Offline Titles may not be playable in certain countries and if you go online in a country where you would not be able to stream that Offline Title, the Offline Title will not be playable while you are in that country.
You agree to use the OnPoint service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. Except as explicitly authorized in these Terms of Use, you agree not to archive, download (other than through caching necessary for personal use), 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 OnPoint service without express written permission from OnPoint and its licensors. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the OnPoint service; use any robot, spider, scraper or other automated means to access the OnPoint service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the OnPoint service; insert any code or product or manipulate the content of the OnPoint service in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the OnPoint service, including any software viruses or any other computer code, files or programs.
The availability of OnPoint content to watch will change from time to time, and from country to country. The quality of the display of the OnPoint content 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. HD, Ultra HD and HDR availability is subject to your Internet service and device capabilities. Not all content is available in all formats, such as HD, Ultra HD or HDR and not all plans allow you to receive content in all formats. Default playback settings on cellular networks exclude HD, Ultra HD and HDR content. The minimum connection speed for SD quality is 0.5 Mbps; however, we recommend a faster connection for improved video quality. A download speed of at least 5.0 Mbps per stream is recommended to receive HD content (defined as a resolution of 720p or higher). A download speed of at least 25.0 Mbps per stream is recommended to receive Ultra HD (defined as a resolution of 1080p or higher) and HDR content. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. OnPoint makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching OnPoint content show will vary based on several factors, including your location, available bandwidth at the time, the OnPoint content you have selected and the configuration of your OnPoint ready device.
We may terminate or restrict your use of our service, without compensation or notice if you are, or if we suspect that you are (i) in violation of any of these Terms of Use or (ii) engaged in illegal or improper use of the service.
Members may limit the maturity level of OnPoint content viewable by other household members (e.g. available for their children) with our Parental Control feature.

Passwords and Account Access

The member who created the OnPoint account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over the OnPoint account. The Account Owner's control is exercised through use of the Account Owner's password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting OnPoint 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 if they use PayPal) associated with their account. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.
In order to provide you with ease of access to your account and to help administer the OnPoint service, OnPoint implements technology that enables us to recognize you as the Account Owner and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the OnPoint service, which includes accessing via OnPoint ready devices or website.
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 OnPoint website and not through a hyperlink in an email or any other electronic communication, even if it looks official. OnPoint reserves the right to place any account on hold anytime with or without notification to the member to protect itself and its partners from what it believes to be fraudulent activity. OnPoint is not obligated to credit or discount a membership for holds placed on the account by either a representative of OnPoint or by the automated processes of OnPoint.

Disclaimers of Warranties and Limitations on Liability

THE ONPOINT SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE ONPOINT SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. ONPOINT DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE ONPOINT SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. ONPOINT SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, ONPOINT READY DEVICES, AND ONPOINT SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL ONPOINT, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

Intellectual Property

Copyright. The OnPoint service, including all content provided on the OnPoint service, is protected by copyright, trade secret or other intellectual property laws and treaties.
Trademarks. OnPoint is a registered trademark of The OnPoint Channel and Network, LLC.
Claims of Copyright Infringement. If you believe your work has been reproduced or distributed in a way that constitutes a copyright infringement or are aware of any infringing material available through the OnPoint service, please notify us by completing the Copyright Infringement Claims form (www.theonpointchannel.com/copyrights).

Governing Law. Terms of Use shall be governed by and construed in accordance with the laws of the state of Delaware, U.S.A. without regard to conflict of law’s provisions. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your state of residence.
Applications. You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) ("Application(s)") that interact with the OnPoint service. These Applications may import data related to your OnPoint account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and OnPoint is not responsible for such Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO WITH OR SPONSORED BY ONPOINT AND MAY NOT BE AUTHORIZED FOR USE WITH OUR SERVICE IN ALL COUNTRIES. USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK.
Use of Information Submitted. OnPoint 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 OnPoint service, including the OnPoint website and user interfaces, worldwide and in perpetuity 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 OnPoint service. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law. Please note OnPoint does not accept unsolicited materials or ideas for OnPoint content and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to OnPoint. 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 OnPoint 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 material or idea you sent.
Customer Support. To find more information about our service and its features, or if you need assistance with your account, please contact us at onpointchannel@gmail.com.
Survival. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.



Last updated: March 29, 2018.