If you access or use the Service or register an Account on behalf of a company, principal, or other entity, you represent that you have authority to bind such entity and its affiliates to this Agreement and that it is fully binding on them. In such case, the term “you,” as used in this Agreement, will refer to such entity and its affiliates. If you do not have authority, you may not access or use the Service. Be advised that this Agreement contains disclaimers of warranties and limitations on liability that may be applicable to you.

1. Definitions.

Terms used in this Agreement have the definitions given in this Agreement or, if not defined in this Agreement, have their plain English meaning as commonly interpreted in the United States.

2. Term.

The term of this Agreement begins on the Effective Date and will continue as follows: (a) for Paid Subscriptions (as defined herein) the term of the Agreement will continue in accordance with the type of subscription you have, unless terminated earlier in accordance with Section 13 herein and (b) for all other access or use of the Services, the term of the Agreement will continue until terminated earlier in accordance with Section 13 herein.

1. 1. Free Trial. Certain portions of the Services and Content are provided on a paid subscription basis. In order to access those portions of the Services, you must either elect (an “ Subscription Election”) to receive a Monthly Paid Subscription (as defined herein) or an Annual Paid Subscription (as defined herein)(together with a Monthly Paid Subscription, the “Paid Subscriptions”). Except as prohibited under applicable law, all Fees will be non-refundable once paid to Xtream IPTV (including upon any termination or suspension of this Agreement). When you elect to receive a Paid Subscription, under certain conditions you may automatically receive a free trial subscription to the Services (“Trial Subscription”). During the Trial Subscription, you may access the Services, without any obligation to pay Fees (as defined herein). The Trial Subscription period will begin when you elect to receive a Paid Subscription which will automatically renew on a month-to-month or annual basis to the paid subscription rates for monthly or annual subscription at the expiration of the stipulated period after your Subscription Election (“Trial Period”) ends. Unless it is cancelled or changed by you prior to the expiration of the Trial Period (“Trial Termination Notice”), in accordance with these Terms of Service. You can choose to cancel prior to the expiration of the Trial Subscription period by visiting www.xtreamiptv.com cancel online at any time or by contacting Xtream IPTV through chat/phone support (when available) and requesting cancellation of the account. Cancellation requests are not accepted via mail, social media, email, Contact Us form, app reviews, etc. If you provide Xtream IPTV your Trial Termination Notice prior to the expiration of the Trial Period, your access to the Services may be terminated at that time or at any point between the date of your Trial Termination Notice and expiration of the Trial Period. If you notify Xtream IPTV that you wish to receive a different Paid Subscription to the Services prior to the expiration of the Trial Period, your access to Xtream IPTV will automatically convert to such a Paid Subscription at that time or at the expiration of the Trial Period. You may only receive one Trial Subscription. Without limitation, any attempt by You to receive more than one Trial Subscription, such as by creating alternate accounts, will be considered a material breach of this Agreement.

3. Third Party Billing.

If you used a third party (e.g. Apple, Roku, etc) to register or signup for a Trial Subscription or Paid Subscription of Xtream IPTV Services, you may need to contact that third party to manage or cancel that subscription; YOU MAY NOT BE ABLE TO CANCEL THAT THIRD-PARTY SUBSCRIPTION THROUGH XTREAM IPTV.

4. Modifications.

Xtream IPTV reserves the right, at any time, to modify the functionality of the Platform and any portion of the Content or Services. Xtream IPTV also reserves the right, at any time, to modify the terms of this Agreement. Xtream IPTV will inform You of the presence of any changes to this Agreement or the functionality of the Platform, Content, or Services by posting those changes on the Platform and by providing You with notice through the Platform. Unless otherwise stated in the notification, any modifications will be effective 30 days following delivery of such notice, except in the case of a modification required for Xtream IPTV or the Platform to comply with applicable Law or to comply with any applicable requirement placed on Xtream IPTV by a licensor or supplier, each of which will be effective immediately upon notification. You may terminate this Agreement as set forth below if you object to any such modifications. However, You will be deemed to have agreed to any and all modifications through Your continued use of the Platform, Content, or Services following such notice period.

5. Eligibility.

The Platform and all Content and Services are intended for use by individuals 18 years of age and older. You hereby affirm that you are over the age of 18. If You are not 18 years of age or older, You agree not to access or use the Platform or any Content or Services. You agree not to allow any individual under 18 years of age to access or use the Platform, whether or not You are the parent or guardian of that individual.

6. Accounts.

1. Content Access Through Accounts. Subject to the terms of this Agreement, You may be permitted to access certain Content and other Services through the Platform without establishing an account on the Platform (an “Account”). However, access to the Platform generally requires that You register as a User of the Platform and establish an Account. Approval of Your request to establish and maintain any Account will be at the sole discretion of Xtream IPTV.
2. Administrator Accounts. Your Account and the User identification and password for Your Account (Your “Account ID”) is personal in nature. Your Account is for Your personal use and Your User Account ID may be used only by You alone. You may not distribute or transfer Your Account or Account ID or provide a third party with the right to access your Account or Account ID. You are solely responsible for all use of the Platform and all Content and Services through Your Account. You will ensure the security and confidentiality of Your Account ID and will notify Xtream IPTV immediately if Your Account ID is lost, stolen or otherwise compromised. You are fully responsible for all liabilities and damages incurred through the use of Your Account or under Your Account ID (whether lawful or unlawful) and any transactions completed through Your Account or under User Account ID will be deemed to have been lawfully completed by You.
3. Account Information. In connection with establishing Your Account, You will be asked to submit certain information about Yourself (“Account Information”). You agree that: (a) all Account Information You provide will be accurate, complete and current; and (b) You will maintain and promptly update Your Account Information to keep it accurate, complete and current. You may not: (i) select or use an Account ID of another person with the intent to impersonate that person; and (ii) use an Account ID that Xtream IPTV, in its sole discretion, deems offensive. You are solely responsible for confirming the set-up and configuration of Your Account in all respects and for making all changes and updates thereto through this Agreement.

7. Access.

1. 1. To the Platform. You may access the Platform through the Xtream IPTV website and the other websites Xtream IPTV may provide or operate for accessing the Platform (each a “Site”) or using web services, mobile, online, and other applications and video players provided and operated by Xtream IPTV for accessing the Platform (each, an “Application,” and each Site and Application included in the Platform for purposes of this Agreement). Subject to Your compliance with this Agreement, Xtream IPTV will permit You to access and use the Platform solely for your own lawful, personal, non-commercial uses and solely in accordance with the terms of this Agreement.
   2. To Applications. Subject to Your compliance with this Agreement, including, without limitation, the restrictions in this Section 7, and any other terms and conditions accompanying each Application, Xtream IPTV will permit You to download and install Applications and operate those Applications solely for the purpose of using and accessing the Platform for your own lawful, personal, non-commercial use. You may install each Application only on devices or equipment owned or controlled by You and used only for Your own personal and non-commercial purposes in accordance with this Agreement and any applicable terms and conditions accompanying that Application or otherwise provided to You by Xtream IPTV. Except as expressly set forth in this Section, You are granted no licenses or other rights in or to any Application.

8. Bitrate

Streaming. The Platform may use adaptive bitrate streaming (“ABS”), which creates multiple versions of each program, recorded at different bitrates, to optimize playback of the applicable audiovisual content at any given time based upon the capabilities of the applicable playback device and available internet bandwidth. If you choose to use the Cloud DVR, you are directing that playback be provided using ABS.

• Other Restrictions. You may not use the Services to, or assist or encourage any other party to, engage in any of the following activities: (a) copying, framing or mirroring any part of the Services; Accessing the Service for purposes of monitoring its availability, performance or functionality; (b) permitting any third party to access the Services; (c) using, copying, modifying, creating a derivative work of, reverse engineering, decompiling or otherwise attempting to extract the source code of the software underlying the Services or any part thereof, unless expressly permitted or required by law, and in any case, without providing prior written notice to Xtream IPTV; (d) publishing, transmitting, distributing or storing content, material, information or data that: (i) is illegal, obscene, defamatory, threatening, harassing, abusive, or hateful or that advocates violence; (ii) is harmful to or interferes with the Services or any third party’s networks, equipment, applications, services or websites (e.g., viruses, worms, Trojan horses, etc.); (iii) infringes, dilutes, misappropriates or otherwise violates any privacy, intellectual property, publicity or other personal rights including, without limitation, copyrights, patents, trademarks, trade secrets or other proprietary information (including unauthorized use of domain names); or (iv) is fraudulent or contains false, deceptive or misleading statements, claims or representations (such as “phishing”); (e) attempting to disrupt, degrade, impair or violate the integrity or security of the Services or the computers, services, Accounts or networks of any other party (including, without limitation, “hacking,” “denial of service” attacks, etc.), including any activity that typically precedes attempts to breach security such as scanning, probing or other testing or vulnerability assessment activity, or engaging in or permitting any network or hosting activity that results in the blacklisting or other blockage of Xtream IPTV internet protocol space; (f) avoiding payment of incurring charges or fees payable by you with respect to the Services; (g) distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (h) using any automated system, including, without limitation, “robots,” “spiders,” “offline readers,” etc., to access the Services in a manner that sends more request messages to Xtream IPTV than a human can reasonably produce in the same period of time by using a conventional web browser ; (i) taking any action that imposes, or may impose, at our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (j) collecting or harvesting any personally identifiable information, including Account names and information about users of the Services, from the Services; (k) using the Services for any commercial solicitation purposes; (l) accessing any Content on the Services through any technology or means other than those provided or authorized by the Services; (m) bypassing the measures we may use to prevent or restrict access to the Services, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein;
  
  8. Your Content.

  You are solely responsible for all Content that You may provide or upload to the Platform or otherwise generate through Your use of or access to the Platform (“Your Content”). Any feedback, suggestions or recommendations about the Services that you provide to Xtream IPTV will be considered “Your Content”. As between You and Xtream IPTV, You retain ownership of Your Content. However, You grant Xtream IPTV a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable (including, without limitation, to Users and other third parties) right to use, copy, store, reproduce, modify, display, adapt, publish, translate, create derivative works from, distribute, and display (“Use”) Your Content throughout the world in any form, media, software or technology of any kind. You represent and warrant that none of Your Content or the use of Your Content by Xtream IPTV: (1) violates this Agreement or any requirements under applicable Laws; (2) is libelous, defamatory, obscene, abusive, pornographic, threatening, or an invasion of privacy; (3) constitutes an infringement, misappropriation or violation of the IPR or other rights of any third party; (4) is illegal in any way or advocates illegal activity; (5) is an advertisement or solicitation of funds, goods, or services (unless You have entered into a separate Advertiser Agreement with Xtream IPTV); (6) is false, misleading or inaccurate; (7) is or could be considered junk mail, spam, a part of a pyramid scheme, a disruptive commercial message or disruptive advertisement; or (8) violates the Privacy Policy or any other applicable policy of Xtream IPTV. Xtream IPTV is not responsible or liable for any deletion, correction, destruction, damage, loss or failure to store, restore or back-up any of Your Content. You agree that You have all right, title, interest and consent in Your Content necessary to allow Xtream IPTV to Use Your Content as set forth in the rights and licenses You grant to Xtream IPTV under this Agreement.

  9. Third-Party Content and Services.

  In addition to the terms of this Agreement, Your access to of certain Content and Services developed, provided or maintained by Xtream IPTV’s third party providers (“Third Party Content and Services”) may require You to agree to the terms of an additional agreement with that third party provider before being given access to the Third Party Content and Services (each, a “Third Party Content and Services Agreement”). The terms of any Third Party Content and Services Agreement (which may include payment of additional fees) will apply to the applicable Third Party Content and Services provided under that Third Party Content and Services Agreement in addition to the terms of this Agreement but will not apply to any other Content or Services You may access through the Platform. Except as set forth in this Agreement, the terms of any Third Party Content and Services Agreement will control in the event of a conflict between the terms of this Agreement and that Third Party Content and Services Agreement. Xtream IPTV TAKES NO RESPONSIBILITY FOR ANY THIRD PARTY CONTENT OR SERVICE AND YOUR ACCESS TO AND USE OF ANY THIRD PARTY CONTENT OR SERVICE IS SOLELY AS SPECIFIED IN EACH APPLICABLE THIRD PARTY CONTENT AND SERVICES AGREEMENT.

  10. Data Privacy.
  1. Your Information. You expressly consent to the use and disclosure of your personally identifiable information and any other information or data resulting from Your access to and use of the Platform or any Services or Content as described in the Privacy Policy for the Platform available at legal.Xtream IPTV/policies/en-US/?name=privacy-policy (“Privacy Policy”) at the time You provide such information or data to Xtream IPTV. Notwithstanding anything in the Privacy Policy, Xtream IPTV will have the right to collect and use non-personally identifiable information or data (information or data that does not identify an entity or natural person as the source thereof) resulting from or relating to Your access to and use of the Platform or any Services or Content. To the extent any such non-personally identifiable data or information is collected or generated by Xtream IPTV, that data and information will be owned by Xtream IPTV and may be used by Xtream IPTV for any lawful business purpose without any further duty or obligation to You.
  2. Other User’s Information. The Platform will provide You with access to data and other information provided by other Users of the Platform and other third parties (“User Information”). The User Information may contain sensitive personal information regarding those Users and other third parties. You agree that You will only collect, use and disclose User Information in strict accordance with this Agreement and the current Privacy Policy for the Platform. Except as expressly provided in this Agreement and the Privacy Policy, You are granted no licenses or rights in or to any User Information.
  11. Fees.

  You agree to pay Xtream IPTV all fees applicable to Your Paid Subscription to the Platform and the Content and Services (“Fees”), as set forth here www.xtreamiptv.me/channels and to pay each applicable third party any other applicable amounts due or payable under the terms of any Third Party Content and Services Agreement. Fees for Monthly Paid Subscriptions are due and payable on a monthly basis in advance, with your first payment due and payable on the first day of your subscription, following the Trial Period; each monthly payment thereafter will be made on the same day as the first month if that day is contained with the billing month; if such day is not contained within the billing month, then the payment will be made on either the 28th or the 30th of the applicable billing month in the discretion of Xtream IPTV Fees for Annual Paid Subscriptions are due and payable on an annual basis in advance, with your first payment due and payable on the first day of Your subscription, following the Trial Period; each annual payment thereafter will be made on the same day as the first annual payment if that day is contained with the billing month; if such date is not contained within the billing month, then the payment will be made on either the 28th or the 30th of that billing month in the discretion of Xtream IPTV. All other Fees will be due and payable as indicated through the Platform. If You have specified credit card, debit card, online payment account, mobile services account, or other payment method as an applicable payment mechanism under this Agreement, You grant Xtream IPTV the right to charge the applicable payment account You provided to Xtream IPTV for all Fees incurred under this Agreement. When You register a credit or debit card for a new account, You authorize Xtream IPTV to place a pending charge to Your credit or debit card to verify Your billing address and the validity of Your credit or debit card; such pending charges are temporary and will not be converted into an actual charge to You. Pending charges, while pending, will, however, reduce the available amount of credit on Your credit card or funds available to Your debit card.