Welcome to Vueit! We are a service that provides our members, known as “Vuers” with access to content stored and streamed over the Internet to certain Internet-connected devices (“Vueit Ready Devices”).
If you are a resident of the United States (including its possessions and territories), you agree to the Arbitration Agreement and class action waiver described in the section below in this Agreement entitled “Arbitration” to resolve any disputes with Vueit.
Vueit or one of its affiliated companies provides the Vueit service. The Vueit company that is providing the Vueit service to you and with whom you are entering into this Agreement, depends on the country from which you sign up for the Vueit service. Visit www.Vueitapp.com to see which entity is providing the Vueit Service to you. Check back as the service provider may change from time to time.
V. Communication Preferences.
VI. Membership, Free Trials, Billing and Cancellation
Ongoing Membership. Your Vueit membership, which may start with a free trial, will continue month-to-month 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 Vueit Service. We will bill the monthly membership fee to your Payment Method. 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.
(b) Differing Memberships
(c) Free Trials
Your Vueit membership may start with a free trial. The free trial period of your membership may last for one month, or as otherwise specified during sign-up. Free trials may not be combined with any other offers. Free trials are for new and certain former members only. Vueit 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 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 the “Membership Account” page on the Vueit Ready Device. 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.
You will not receive a notice from us that your free trial period has ended or that the paying portion of your membership has begun. CLICK THE “MEMBERSHIP ACCOUNT” LINK IN THE MENU OF YOUR VUEIT APP FOR CANCELLATION INSTRUCTIONS. We will continue to bill your Payment Method on a monthly basis for your membership fee until you cancel.
(1) Recurring Billing. By starting your Vueit membership, 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 Vueit Service 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 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.
(e) 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 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.
(f) Payment Methods. You may edit your Payment Method information by clicking on the “Membership Account” link in the menu of your Vueit Ready Device. 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. 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.
(g) Cancellation. You may cancel your Vueit membership at any time, and you will continue to have access to the Vueit Service through the end of your monthly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL MEMBERSHIP PERIODS. To cancel, go to the “Membership Account” page on your Vueit Ready Device and follow the instructions for cancellation.
VII. Products and Specifications
All products, specifications, and prices of products and services described or depicted on the Vueit app, are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Vueit Technology, LLC (“Vueit”), makes all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on the Vueit mobile application at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from the Vueit mobile application.
VIII. Merchandise Availability
Merchandise availability on the Vueit mobile application is not guaranteed as it may be low in stock or on back order. If the merchandise is not immediately available at the time your order processes, please allow for our estimated shipping time of 4-6 weeks before contacting customer support concerning you order at email@example.com.
IX. Shipping Limitations
When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on the Vueit mobile application. You are responsible for filing any claims with carriers for damaged and/or lost shipments. Please allow 4-6 weeks for delivery of products order on the Vueit mobile application. Vueit will make every effort to ship immediately, but we may be constrained by third-party suppliers.
X. Risk of Loss
All purchases from the Vueit mobile application are made pursuant to a third-party shipment contract. Except as otherwise set forth herein, the risk of loss for and title to products purchased on the Vueit mobile application passes to the purchaser upon delivery to the carrier.
If you are not fully satisfied with your purchase you may return it unused/unworn within thirty (30) days for a full refund or credit on the Vueit mobile application to be used for other products or subscriptions. Custom or autographed products may not be returned unless found to be defective and will require prior authorization in order to be returned. Please contact our customer service at firstname.lastname@example.org. Due to carrier transit times, please allow up to 3-4 weeks from the date you mail your package for your return to be processed completely. It may take up to two (2) billing cycles for your credit to show in your account.
XII. Vueit Service
The Vueit Services, and any content viewed through our Service, are for your personal and non-commercial use only. During your Vueit membership, we grant you a limited, non-exclusive, non-transferable, license to access the Vueit service and to view content through the Vueit service on a streaming-only basis for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you.
You may view content through the Vueit Service only in geographic locations where we offer our Service. The content that may be available to watch may vary by geographic location. Vueit will use technologies to verify your geographic location. YOU MAY ACCESS THE VUEIT SERVICE ON UP TO THREE UNIQUE AUTHORIZED VUEIT READY DEVICES AND THE NUMBER OF DEVICES ON WHICH YOU MAY SIMULTANEOUSLY WATCH IS LIMITED. Go to the “Membership 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 without notice.
We continually update the Vueit Service, including the Vuemakers available to follow. In addition, we continually test various aspects of our service, including our application, user interfaces, service levels, plans, promotional features, availability of 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.
The availability of content to view will change from time to time, and from country to country. The quality of the display of the streaming 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. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. Vueit makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin viewing content will vary based on a number of factors, including your location, available bandwidth at the time, the content you have selected and the configuration of your Vueit Ready Device.
Vueit streaming software is developed by, or for, Vueit and is designed to enable streaming of content from Vueit through Vueit Ready Devices. This software may vary by device and medium, and functionalities may also differ between devices. BY USING OUR SERVICE, YOU ACKNOWLEDGE AND AGREE TO THE END USER LICENSE AGREEMENT (www.Vueitapp.com/eula) AND TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF VUEIT AND RELATED THIRD-PARTY SOFTWARE. IF YOU DO NOT ACCEPT THE FOREGOING TERMS, DO NOT USE OUR SERVICE. WE DO NOT TAKE RESPONSIBILITY OR OTHERWISE WARRANT THE PERFORMANCE OF THESE DEVICES, INCLUDING THE CONTINUING COMPATIBILITY OF THE DEVICE WITH OUR SERVICE. By using our Service, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the Vueit Service. If your Vueit Ready Device is sold, lost or stolen, please deactivate the Vueit ready device. If you fail to log out or deactivate your device, subsequent users may access the Vueit Service through your account and may be able to access certain of your account information. To deactivate a device, follow instructions on the “Membership Account” page of your Vueit ready device.
XIII. Passwords & Account Access
The user or Vuer who created the Vueit account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner must be at least 18 years of age, or otherwise legally authorized to contract with Vueit. The Account Owner has access and control over the Vueit 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 Vueit 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, PIN, or their email address) associated with their account. The Account Owner is responsible for updating and maintaining the truth and accuracy of the information provided to us relating to the account.
In order to provide you with ease of access to your account and to help administer the Vueit Service, Vueit 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 Vueit Service, which includes accessing via all Vueit Ready Devices and/or our 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 “Membership Account” link on the Vueit application and not through a hyperlink in an email or any other electronic communication, even if it looks official. Vueit 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. Vueit is not obligated to credit or discount a membership for holds placed on the account by either a representative of Vueit or by the automated processes of Vueit.
XIV. Disclaimers of Warranties and Limitations on Liability
THE VUEIT SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED WITH THE VUEIT SERVICE, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE VUEIT SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. VUEIT DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE VUEIT SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. VUEIT SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, VUEIT READY DEVICES, AND VUEIT SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE). TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL VUEIT, 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.
XV. Intellectual Property
Copyright. The Vueit Service, including all registered and unregistered trademarks, tradenames, service marks and content provided on the Vueit Service, are the intellectual property of their respective owners, including Vueit Technology, LLC. Nothing contained on the Vueit Web Site or within the Vueit Service grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed without the express written permission of the owner.
(a) Trademarks. Vueit, Vuers, Vuemakers and Vueitapp are trademarks of Vueit Technology, LLC.
XVI. Governing Law
XVII. Applications. You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) (hereinafter, “Application(s)”) that interact with the Vueit Service. These Applications may import data related to your Vueit account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and Vueit is not responsible for such Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO WITH OR SPONSORED BY VUEIT AND MAY NOT BE AUTHORIZED FOR USE WITH OUR SERVICE IN ALL COUNTRIES. USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK. Except as may be otherwise provided in writing, Vueit Technology, LLC expressly makes no warranty whatsoever as to the conformity, function, applicability or any other aspect of any third party Application and none shall be imputed or implied.
XVIII. Use of Information Submitted. Vueit 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 Vueit Service, including the Vueit 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 Vueit Service. In addition, you agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law.
XIX. Customer Support. If you need assistance with your account, click on the “Feedback” link in the menu of the Vueit application. There you will find the answers to many frequently asked questions and information on reaching a Customer Service representative. To find more information about our service and its features, please visit Vueit Help Center in the application.
XX. Arbitration Agreement
If you elect to seek arbitration, you must first send to Vueit, by certified mail, a written Notice of your claim (“Notice”). The Notice to Vueit must be addressed to: General Counsel, Vueit Technology, Inc., 1719 Angel Parkway Suite 400, Box 113, Allen, Texas 75002. If Vueit initiates arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by Vueit, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If Vueit and you do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or Vueit may commence an arbitration proceeding.
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, you will be solely responsible for your filing fees, unless otherwise ordered by the arbitrator(s) or required by law.
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. 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 Vueit and you agree otherwise, any arbitration hearings will take place in Dallas County, Dallas, Texas.
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. The payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, except as otherwise expressly set forth in this Arbitration section.
YOU AND VUEIT 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 Vueit 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.
Last Updated: May 19, 2014