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Terms of Service

It’s Relevant TV™ provides an internet-based video streaming service ("Service") to business clients. It’s Relevant TV™ is a service owned by It’s Relevant, LLC ("we" or "us" or "our"). Before you can access our Service, you must read and accept the terms and conditions of this Agreement.

If you register as a subscriber to the Service or you continue to use It’s Relevant TV™ , you agree to be bound by the terms and conditions of this Agreement. If you do not agree to or cannot comply with any of the terms and conditions of this Agreement, do not attempt to access or use the Service. This Service is for the use of approved businesses only and cannot be shared with additional businesses or locations without the prior permission of It’s Relevant, LLC.

Subscription

When you subscribe to our Service, we grant you a non-exclusive right, limited in time, to use the Service on the terms and conditions of this Agreement.

Term

The initial subscription term shall begin on the effective date of your subscription and expire at the end of the period (number of months) selected during the subscription process ("Initial Subscription Term"). Your subscription rate for the service level you select is guaranteed to remain unchanged for the entire Initial Subscription Term. At the end of the Initial Subscription Term your subscription will change to month-by-month, out-of-contract use. Your billing rate outside of the Initial Subscription Term will be subject to change based on current billing rates. Your right to use the Service comes into effect upon your payment of the subscription fee and continues until terminated pursuant to the terms and conditions of this Agreement.

Description of Service

The Service provides streaming of video news, information and entertainment content to a television (or televisions) in a business location. The Service consists of content and material ("Content") which we allow you to display on a television through our system software ("System"). The Content includes original videos owned and produced by It’s Relevant, LLC as well as videos licensed by It's Relevant, LLC for distribution on your network. The System includes all text, photographs, graphics, art work, button icons, audio and/or visual clips, images, logos, trade marks, internet TV software, remote controls, online dashboards, customization options, documentation, security strings, passwords, manuals and user guides. When we refer to the Service in this Agreement, we mean the Content and the System, individually and collectively.

Hardware

The Service will only work with the streaming player or players specified from time to time by It’s Relevant, LLC. Unless you have paid an equipment purchase fee, any streaming hardware, cables and mounts provided to you by us will remain the property of It’s Relevant, LLC. You are responsible for the safekeeping of said hardware, providing a television to display the service, and for any fees and expenses for Internet in your store location.

Usage Rights and Requirements

The rights granted by this Agreement are for your approved business/location only. Additional businesses and locations can be granted authorization by contacting your It’s Relevant Sales Agent or by emailing: retail@itsrelevant.com. You must not nor encourage or allow any other person to attempt any use of the Service for which we have not given permission. Such unauthorized use includes but is not limited to downloading, copying or duplicating the content contained within, and/or attempts to alter, modify, reverse engineer, decompile, disseminate or disassemble the System for any purpose whatsoever.

Registration and Security

To use the Service, you must register and set up a subscription account with us. You agree to provide us with registration data which is accurate and up to date. We will use your Registration Data in accordance with our privacy policy. By using the service you expressly authorize us to publish the name and address of your business, as well as photographs of the service in place at your location showing that you are using (or have used) the Service.

As a registered user, you may not: (a) allow others to use your subscriber name, password or subscription account;
 (b) reveal your password to any of our representatives or agents; (c) use a subscriber name of another person with the intent to impersonate that person; or (d) use a subscriber name in which another person has rights without such person's authorization. Failure to comply with the above is a breach of this Agreement and may result in the immediate termination of your subscription account.

Subscription Fee

We charge you a subscription fee to access parts of the Service or the Service as a whole. The subscription fees are detailed on the subscription agreement that you signed. We may change our fee structure at any time, however your billing rate will remain unchanged during your Initial Subscription Term. Any changes in rates will be emailed to you at the email address you provide in your account information. If you do not wish to accept any change to our fee, you may contact us and cancel your subscription account. You expressly agree that we are not liable to refund the full amount or any part of fees or charges paid by you for any reason.

Right to Advertise

We provide a System that allows you to upload images and videos for display on your TV screens. These images and videos can be used to advertise your own products and services as well as outside brands and products. You have the right to price and sell these positions in order to make direct revenue from the ad display service. You keep 100% of the revenue earned from the positions you sell.We reserve the right to place network video ads in the video area of the screen throughout the day. Thanks to our Competitive Ad Block® system, the ads will never include any messaging that competes with your core business. We sell a limited number of these ad positions throughout the network and keep 100% of the revenue earned from the positions we sell.

Reporting a Service Outage and Downtime Credit

If your service becomes interrupted please notify It’s Relevant as soon as possible so that we may resolve the problem and remedy the situation. If we experience an outage of our TV System and are unable to provide primary video content for longer than a 30-minute period on any single day, we will credit the pro-rated cost of your subscription for that day to your next bill. We can only provide this credit if we receive notification from you at the time of the problem. External issues preventing the delivery of content, including but not limited to your Internet Service Provider or store’s WiFi network do not entitle you to a credit.

Termination

You may cancel your subscription account for any reason at any time by delivering a notice via email to our Customer Service Depar™ent at retail@itsrelevant.com.

If you cancel your subscription account, we will not charge you for monthly periods beyond the Initial Subscription Term in the future, and will not refund any remaining portion of your subscription fee or any other charges or taxes paid by you. Cancellation will take effect at the end of the billing period in which you deliver notice to us. Upon cancellation, any remaining fees owed for the Initial Subscription Term must be provided to us by you. We may terminate your subscription account for any reason at any time.

In the case that we terminate this Agreement, we will: (a) refund the pro-rata unused balance of the subscription money you have paid us; (b) recover from you any money which you owe us; and (c) be regarded as discharged from any further obligations under this Agreement.

If you or we cancel your subscription account, you must immediately cease all use of and access to the Service and surrender all equipment previously provided by It’s Relevant for delivery of the content.

You understand and agree that your cancellation of your subscription account is your sole right and remedy with respect to any dispute with us.

Title, Interest and Intellectual Property Rights

This Agreement does not give you any intellectual property rights in the Service nor does it make you the owner of the Service and nor does it transfer or assign to you any right, title, interest or other proprietary rights in the Service. We, and our licensors, retain exclusive ownership of the Service and all intellectual property rights associated with it. We reserve all rights not expressly granted by this Agreement. The contents of the Service are protected by copyright (including as a collective work and/or compilation) under the laws of the United States of America and are owned or controlled by us, ouraffiliates or the party credited as the provider of the content. You must abide by all additional copyright notices or restrictions contained in the Service. We have designed the Service for its presentation in a unique format and appearance to our clients. Neither you nor any third party shall make use of the Service in any manner that constitutes an infringement of our intellectual property rights, including but not limited to reverse engineering, framing, deep linking, downloading or establishing unauthorized links to any part of the Service. You have no rights to the System or any enhancements or modifications to it. You may not sub- license, assign or transfer any rights granted by us, and any attempt at such sub-licence, assignment or transfer is null and void.

Exclusions and Limitation of Liability

To the maximum extent permitted by law, we exclude from this Agreement all warranties, representations, statements, terms and conditions expressed or implied by law. Our Service is available to you "as is" and you assume the entire risk as to its quality and performance. We make no warranty that: (a) the Service meets your requirements; (b) the Service can run on your television; (c) the quality or delivery of the Service meets your expectations. (d) the Service will be uninterrupted or error-free. We do not warrant your television or any electrical service or device that our service or supplied hardware is connected to. We reserve the right to correct any errors or omissions in the Service. If you rely on the Service and any materials available through the Service, you do so solely at your own risk. In no event are we or our officers, directors, shareholders, employees, representatives, parents, subsidiaries, affiliates, agents or licensors liable under or in relation to this Agreement for any incidental, indirect, special, economic, consequential, punitive or exemplary loss or damage of any kind or loss of revenue, profits, goodwill, bargain or opportunities or loss or corruption of data or loss of anticipated savings incurred or suffered by you whether caused by negligence or otherwise or whether or not we were aware or should have been aware of the possibility of such loss or damage. This includes but is not limited to anything that may interfere with or damage the operation of your television or internet service, content displayed on your screen, and any modification, malfunction, suspension, discontinuance of or interruption to or of the Service. Our maximum aggregate liability under or relating to this Agreement in any 12-month period, whether in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity or on any other basis is limited to the pro rated annual subscription fee paid by you during that 12- month period.

Notice

We may from time to time modify these terms and conditions or any feature of the Service. Such modification shall be effective immediately upon either posting of the modified terms and conditions or feature at http://www.itsrelevant.com/retail/terms, as the case may be, or notifying you by email. You agree to review this Agreement periodically to ensure that you are aware of any modifications. You are deemed to have accepted this Agreement as modified if you continue to use or access the Service after the modifications are posted.

Privacy

We may send you electronic mail for the purpose of informing you of changes or additions to the Service. We reserve the right to gather and use information about your usage of the Service and agree to maintain the privacy of your data in accordance with our Privacy Policy.

General

This Agreement constitutes your entire agreement with us. Any prior arrangements, agreements, representations or undertakings are superseded. Nothing in this Agreement shall constitute or be deemed to constitute a partnership, joint venture or relationship of principal and agent or any other fiduciary relationship between us.

In entering into this Agreement, you have not relied upon any warranty or representation in relation to our Service or us which is not expressly set out in this Agreement and you have relied entirely on your own enquiries in relation to our Service and us.

I have read and agree to be bound by the terms of service listed above