3.3 Payment Method: You will be required to provide a credit card or other payment method accepted by TGSC, as may be updated from time to time (“Payment Method”). You are solely responsible for any and all fees charged to your Payment Method, including any SMS or bank charges. When you provide a Payment Method, a temporary pre-authorization hold is placed to verify that the card is valid and has funds available for your Membership. You may edit your Payment Method information by logging in on the TGSC Site and viewing your account details. We may suspend or cancel your access to the Services if we remain unable to successfully charge a valid Payment Method. We also reserve the right to pursue any amounts you fail to pay in connection with your subscription, including collection costs, bank overdraft fees, collection agency fees.
3.4 Cancellation: You can cancel your subscription by clicking on this LINK. You must cancel your subscription prior to 11:59 p.m. Eastern time on the day before your next recurring billing date in order to avoid being charged. If you cancel your subscription, you will continue to have access to the Service through the end of your current Billing Period. Payments are nonrefundable. If you cancel, modify your subscription, or if your account is otherwise terminated under these Terms, you will not receive a credit, including for partially used periods of Service. There are circumstances where TGSC may provide credits on a case-by-case basis. The amount and form of such credits, and the decision to provide them, are at TGSC’s sole and absolute discretion. Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration provision.
3.5 Right to Modify Pricing: TGSC reserves the right to change the terms of your Membership, including price, from time to time, effective as of the beginning of your next Billing Period following the date of the change. We will give you advance notice of these changes, but we will not be able to notify you of changes in any applicable taxes.
3.6 Billing: As used in these Terms, “billing” shall be either a charge or debit, as applicable, against your Payment Method. Your initial Membership is valid for a period of thirty (30) days from the date you begin your Membership, and we shall bill your Payment Method a monthly subscription fee on a recurring basis corresponding to the term of your Membership. We will automatically bill your Payment Method on the later of the day you start your subscription, and on each recurring billing date thereafter. Your “Billing Period” is the interval of time between each recurring billing date and corresponds to the term of your Membership. Where applicable, charges for the Service may be prorated for any partial month of service. You acknowledge that the timing of when you are billed and the amount billed each Billing Period may vary, including if your subscription began on a day not contained in a given month (e.g. if you have a monthly subscription and became a paying subscriber on January 31, your Payment Method would next be billed on February 28).
4.1 Prohibited Uses: You may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of this Service, including the Content, except that you may access and display material and all other content displayed on this Service for non-commercial, personal, entertainment use on a single computer or device only. Without limiting the generality of the foregoing, you may not distribute any part of this Service over any network, including a local area network, nor sell or offer it for sale. In addition, these files may not be used to construct any kind of database. Any authorization to copy material granted by TGSC in any part of this Service for any reason is restricted to making a single copy for non-commercial, personal, entertainment use and is subject to your keeping intact all copyright and other proprietary notices. Using any material on any other website or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this Service into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited. TGSC respects the intellectual property rights of others and asks users of this Service to do the same.
4.2 Content Subjectivity. Content tends to elicit varying reactions among different people. You may come across Content that you find offensive, indecent, explicit or objectionable. Also, Content types, genres, categories, and descriptions are provided as suggestions to help with navigation, and TGSC does not guarantee that you will agree with them. You acknowledge these risks.
4.3 Content Quality. TGSC uses various technologies to provide you with an optimal viewing experience. That said, quality of Content, including resolution, may be affected by the among other things, format of the Content, your location, the speed and bandwidth of your internet service, and the devices used. HD and 4K Ultra HD availability for certain Content depends on your internet service and device capabilities. The time it takes you to begin playing Content will vary based on a number of factors, including your location, internet bandwidth, the number of devices simultaneously connecting to the same network, the Content you have selected, and the configuration of the device you are using. As a result, TGSC is unable to make any warranties about the Content in these respects.
DMCA Compliance: If you believe in good faith that your copyrighted work has been reproduced and is accessible on the Platform or through the Services in a way that constitutes copyright infringement, please provide our DMCA Agent with a written communication containing the following information:
(a) identification of the copyrighted work claimed to have been infringed;
(b) identification of the allegedly infringing material on the Platform that is requested to be removed;
(c) your name, address and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary;
(d) a statement that you have a good faith belief that the use of the copyrighted work is not authorized by you or the law;
(e) a statement that the information in the notification is accurate, and under penalty of perjury, that you are, or are authorized to act on behalf of, the owner of an exclusive copyright right that is allegedly infringed; and
(f) an electronic or physical signature of you or someone authorized on the copyright owner’s behalf, to assert infringement of copyright and to submit the statement.
Claims of infringement which include the above required information must be submitted via postal mail or e-mail to TGSC’s DMCA Agent as follows: email@example.com.
We reserve the right to remove any posted submission that infringes the copyright of any person under the laws of the United States upon receipt of a notice that complies with the requirements of 17 U.S.C. § 512(c)(3). United States law provides significant penalties for submitting such a statement falsely.
(a) Arbitration Rules; Applicability of Arbitration Agreement. Any dispute arising out of or relating to the subject matter of these Terms shall be finally settled by binding arbitration in Fulton County, Georgia. The arbitration will proceed in the English language, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction.
(b) Costs of Arbitration. The JAMS rules will govern payment of all arbitration fees. The parties shall initially equally split all arbitration fees. The prevailing party will be entitled to receive the costs of the arbitration as well as payment of the other party’s attorneys’ fees and costs in arbitration.
(c) Small Claims Court. Furthermore, either you or TGSC may assert claims, if they qualify, in small claims court in Fulton County, Georgia.
(d) Waiver of Jury Trial. YOU AND TGSC WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and TGSC are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and TGSC over whether to vacate or enforce an arbitration award, YOU AND TGSC WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
(e) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE MEMBER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER MEMBER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (g) below.
(f) Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: 384 Northyards Blvd., NW 30313 postmarked within 30 days of first accepting these Terms. You must include (1) your name and residence address; (2) the email address and/or telephone number associated with your account; and (3) a clear statement that you want to opt out of these Terms’ arbitration agreement.
(g) Exclusive Venue. If you send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration agreement permits either you or TGSC to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party and both you and TGSC agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, Fulton County, Georgia, or the Northern District of Georgia.
Except as expressly set forth in the section the arbitration agreement, you and TGSC agree there are no third party beneficiaries intended under these Terms.[/vc_column_text][vc_empty_space height=”50″ image_repeat=”no-repeat”][/vc_column][/vc_row]