COCINA ON TERMS
Last Updated: September 10, 2019 IMPORTANT INFORMATION FOR U.S. USERS (AS DEFINED BELOW): THESE COCINA ON TERMS (AS DEFINED BELOW) OF USE CONTAIN A PROVISION THAT GENERALLY REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. PLEASE SEE THE DISPUTE RESOLUTION SECTION FOR INFORMATION. THE ARBITRATION PROVISION ONLY APPLIES TO SERVICES RENDERED IN THE UNITED STATES.
In these Cocina On Terms, “Cocina On Services,” means the services provided and made available by AMC Networks Latin America LLC (“AMC”), third party platforms and their affiliates (collectively, ”Cocina On”, “we”, ”our” or ”us”) in connection with your browsing and viewing of Cocina On multimedia (such as movies, extended episodes, bonus content, and television shows) (“Content”) through Cocina On websites, applications, or other interfaces and platforms. The Cocina On Services also include other technologies, features, and content we may provide or use on the Cocina On user interfaces.
- Scope and Acceptance
The Cocina On Terms include:
• The terms and conditions in this document;
The Cocina On Terms apply to anyone who uses the Cocina On Services (“User”, “you” or “your”), including, but not limited to, people who register for the Cocina On Services, people who subscribe to the Cocina On Services, and people who simply browse the Cocina On Services. If you use, visit, register for, or subscribe to the Cocina On Services, you understand, acknowledge, and agree that you are bound by the terms and conditions of these Cocina On Terms. If you do not agree to these Cocina On Terms, please do not use the Cocina On Services.
NOTHING IN THESE COCINA ON TERMS SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.
- Changes to These Cocina On Terms
- Cocina On Ready Device
To access and use certain Cocina On Services, including Content, you will be required to use an approved platform such as a gaming system, smart TV, mobile device, set top box, Amazon Fire TV device, Apple TV device, Android TV device, Roku device, and/or other technology meeting certain system, configuration and other requirements (an “Cocina On ready device”). Information on these requirements may be found in our Minimum System and Configuration Requirements or by contacting us at email@example.com. You should ensure that you have a Cocina On ready device prior to purchasing or ordering any Cocina On Services.
- Internet Connectivity and Cocina On Application
Your Cocina On ready device must be connected to the internet via a data plan through your mobile provider, wireless (“WiFi”), or ethernet to operate the Cocina On Services or temporarily download select Content for offline viewing on certain mobile devices. To operate the Cocina On Services, you need to either: (i) download the Cocina On application (the “App”) from the Amazon Fire TV application store, Google Play application store, Android TV application store, Apple app store, or Roku channel store, as applicable; or (ii) visit www.cocinaon.com to purchase the Cocina On Services directly from Cocina On (the “Ecommerce Website”). For the avoidance of doubt, the App is only available for the streaming of the Cocina On Services on Android TV . Android TV does not support the initial registration and payment of Cocina On Services . If you plan to view the Content through the App on Android TV, please visit the Ecommerce Website to authenticate, select your subscription, register and provide payment information. Please see Sections 5 through 8 for further information.
- Subscription Selection
If you purchase the Cocina On Services through AMC from the Ecommerce Website or directly on an App, you will need to choose between two subscription options: (i) a monthly subscription, or (ii) an annual subscription. If you choose the monthly subscription, you will be charged one (1) time per month for your subscription fee. If you choose the annual subscription, you will be charged one (1) time per year for your subscription fee.
- User Registration
Once you have successfully selected your Cocina On Services package, as applicable, you need to become a registered User of Cocina On Services in order to access and use the Cocina On Services. To become a registered User via the App on any device except for Android TV, you must create an account with a unique username and password combination through the App (“User Credentials”) and provide certain additional information, including, but not limited to, name and address (“Registered Account”). To become a registered User via the Ecommerce Website, you will be prompted to create a Registered Account with User Credentials directly on the Ecommerce Website. Registered Accounts can only be established by residents of the Territory (as defined below) who have reached the age of majority, who have otherwise met the criteria to create User Credentials. After you input the User Credentials, you will need to: (i) accept the Cocina On Terms, located at https://www.cocinaon.com/details/5d7274a61de1c4001a63671f , and (ii) agree to receiving updates, alerts and Promotions from AMC to confirm your registration with Cocina On.
It is a condition of use of the Cocina On Services that all the details you provide will be correct, current, and complete and will not violate any law. If Cocina On or its respective partners or affiliates believe the details are not correct, current or complete, or that you have otherwise violated this Agreement or any law, we have the right to suspend or terminate your Registered Account or refuse you access to the Services and its resources. You may edit your User Credentials or any other personal information on your Registered Account through the “My Account” section of the App or at www.cocinaon.com/myaccount. The Cocina On Registered Accounts are for individual use only. Your account is personal to you and you may not transfer it to any other party. You are responsible for protecting and maintaining the confidentiality of your User Credentials. You may be responsible and liable for access to or use of the Cocina On Services—including uses that may incur fees—by any person or entity using your User Credentials, whether or not you have authorized such access or use. We are not responsible or liable for any loss or damage arising from your failure to maintain the confidentiality of your User Credentials. You must immediately notify us if and when you become aware of, or reasonably suspect, any unauthorized use of your User Credentials or any other breach of security by emailing us at firstname.lastname@example.org. To help protect you and the Cocina On Services, if we have a reasonable belief that a person or entity is engaging in unauthorized use of your User Credentials, we may deny access, use and registration privileges to that person or entity.
- Pricing and Payment Terms
a. General: You agree to pay in full the prices and fees for any purchases that are made using your User Credentials via credit, debit or other payment methods that is accepted by or through the App, Cocina On’s Ecommerce Website, Amazon.com, Inc. (“Amazon”) for purchase through Fire TV, Apple Inc. (“Apple”) for purchase through an Apple device, Google LLC (“Google”) for purchase through a mobile Android device, or Roku, Inc. (“Roku”) for purchase through a Roku device, as applicable, at the time of purchase. If payment is not received by AMC, Amazon, Apple, Google, or Roku, as applicable, from your credit, debit or charge card issuer or its agents or other payment service provider, you remain responsible for uncollected amounts and agree to promptly pay all amounts due upon demand by AMC, Amazon, Apple, Google, or Roku, as applicable.
b. Pricing: If you are a monthly subscriber, you will have to pay a fee in the amount of $3.99 per month in order to view the Content on a subscription basis, subject to the terms provided when you initiate the subscription. If you are a yearly subscriber through AMC, you will pay a one (1) time per year fee of $39.99 per year in order to view the Content on a subscription basis, subject to the terms provided when you initiate the subscription. We reserve the right to change any and all prices for any Content at any time or as frequently as permissible in the jurisdiction in which you reside, for any reason, by updating the prices set forth on the applicable portion of the Cocina On Services. If we increase the price of the Cocina On Services, we will provide you with prior written notice. If you do not wish to keep your subscription at the increased price, you may cancel your subscription to Cocina On Services in accordance with Section 17 of these Cocina On Terms within 30 days of the date of our notice.
c. Payment for Cocina On Services:
You can find the specific details regarding your subscription to Cocina On Services at any time by clicking on “My Account.”
By starting a subscription to Cocina On Services, you authorize AMC, Amazon, Apple, Google or Roku, as applicable, to charge you for the subscription fee at the then-current rate, and any other charges you may incur in connection with your use of the Cocina On Services, to the payment method you provide during registration for the Cocina On Service (or to a different payment method if you change your account information). You permit AMC, Cleeng, Amazon, Apple, Google, or Roku, as applicable, to store your payment information as needed to facilitate the billing.
AMC, Cleeng, Amazon, Apple, Google or Roku, as applicable, will bill your subscription fee per the billing period described when you initiate the subscription to Cocina On Services (“Billing Period”), unless and until you cancel your subscription. AMC, Amazon, Apple, Google or Roku will automatically bill your payment method on the calendar day corresponding to the beginning of your Billing Period.
If you change your payment method, this could result in changing the calendar day upon which you are billed. If your paid subscription begins on a day not contained in a given month, and your Billing Period is every month, your Payment Method will be billed on the last day of such month. For example, if your paid Cocina On Services subscription starts on March 31st, your next payment date is April 30, and your payment method would be billed on that date.
You acknowledge that the amount billed each Billing Period may vary for reasons that may include differing amounts due to Promotions, and you authorize us to charge your Payment method for such varying amounts.
To change or update your payment method:
i. If you registered through a Fire TV device, visit www.amazon.com/mykps; ii. If you registered through a mobile Android device, visit http://pay.google.com; iii. If you registered through an Apple device. log in to the applicable iTunes account; iv. If you registered through the Ecommerce Website, visit www.cocinaon.com/myaccount and log in to your Registered Account; and v. If you registered through a Roku device, visit https://support.roku.com/article/208755978-how-do-i-update-the-payment-method-for-my-roku-account.
If your payment method expires and you do not update or change your payment method or cancel your Subscription, you authorize us to continue billing your payment method, and you remain responsible for any uncollected amounts. Your subscription to the Cocina On Services automatically renews unless the subscription is terminated, as described in Section 17 below. By subscribing to the Cocina On Services, you agree to and authorize AMC, Amazon, Apple, Google or Roku, as applicable, to charge you for the subscription fee at the then-current rate, and any other charges you may incur in connection with your use of the Cocina On Services, to the then-current payment method on file with AMC, Amazon, Apple, Google or Roku, as applicable. Your payment method will be charged within twenty-four (24) hours prior to the end of the current subscription period at the then-current rate. Once you have subscribed to the Cocina On Services, you will receive an auto-generated email confirming your subscription.
d. Unwatched Content: If Content is unavailable or will not stream, review the Cocina On troubleshooting frequently asked questions for Fire TV at https://amazonfiretv.blog/ , for Apple TV at https://www.apple.com/la/tv/, for Apple iOS at https://support.apple.com, for Google at https://play.google.com/store/account/subscriptions or for Roku at https://support.roku.com,, as applicable. If the Content is still unavailable, contact customer service at email@example.com. To the extent permitted by law, your exclusive and sole remedy with respect to Content for which you have paid but that you are not able to use for whatever reason will be (a) the retransmission of such Content, or (b) if such Content is unavailable, provision of replacement Content, of an equal or lesser value in each instance; provided, however, that, if retransmission or replacement of Content is not possible within a reasonable time, you may request a refund of any fee paid specifically in respect of such Content. However, you acknowledge that no retransmission, replacement or refund will be provided if your inability to view the Content is as a result of your failure to comply with the Minimum System and Configuration Requirements and/or the other requirements, or terms and conditions described in these Cocina On Terms.
e. Taxes: You are responsible for any taxes imposed on any fee-based transactions conducted on or in connection with the Cocina On Services. Fee-based transactions on the Cocina On Services may include, without limitation, sales tax, use tax and any other applicable taxes, which may be based on various factors, including, but not limited to, the bill-to address and tax rates in effect at the time your transaction is completed. Users are not eligible for tax exemptions for transactions made on the Cocina On Services.
- License to the Cocina On Services
Upon successful payment of the subscription fee and subject to these Cocina On Terms, Cocina On will grant you a non-exclusive, non-transferable, non-assignable, non-sublicensable, limited right and license to view, privately display and temporarily download certain Content, subject to these Cocina On Terms. Content by and through a Cocina On ready device for your own personal, noncommercial use for the duration specified at the time of your subscription to Cocina On Services (the “Subscription Term”).
After your or our termination of the Cocina On Services and at the end of the Subscription Term, you will no longer be able to access or view any Content through a Cocina On ready device. We will provide you with notice that your Subscription Term is ending or has ended. You agree that your Cocina On account is for personal, non-commercial use only and is limited to only one stream at any particular time.
Content may be accessed through: • Streaming-on-demand: You can stream the Content on demand on an unlimited basis (as long as the User remains a subscriber to the Cocina On Services); and/or • Download-to-go: You can download the Content via the App on your iPhone mobile device or Android mobile device. Your mobile device must be connected to the internet via a data plan through your mobile provider or WiFi to temporarily download select Content for offline viewing. Once you select and download Content, you can watch the downloaded Content for fourteen (14) days from the date of your download or, if earlier, until the Content expires. After the fourteen (14) day period, if you are still an active subscriber to the Cocina On Services, you may download the Content again, provided the Content has not expired. For the avoidance of doubt, the download-to-rent option is not available on Apple TV, Fire TV or Roku.
At any time, in our sole discretion, we may choose to provide refunds, discounts, or other consideration (“credits”) to some or all of our Users. If we choose to provide credits at a particular time, it will not obligate us to provide credits to you or others at any point in the future, regardless of the circumstances.
- Availability of Content
We strive to provide a great selection of Content to you through the Cocina On Services. We may add, remove or disable access to certain Content on some or all of the Cocina On Services at our sole discretion. You understand that the Content and Cocina On Services available to you may change over time, including during your subscription period. In addition, some Content may not be available in your geographic region or may not be accessible to you based on your equipment or other factors.
To the extent permitted by applicable law, we are not liable for the removal of or disabling of access to any Cocina On Services, materials or functionality of the Cocina On Services.
- Closed Captioning
Closed captioning is not available for all Content on the App. To turn on or off closed captioning for specific Content, locate the captions option during video playback and turn closed captioning on or off.
- Free Trials
On occasion, we may offer a free trial subscription to certain qualified users. If we offer you a free trial, the specific terms of your free trial will be presented to you before or during sign-up. Restrictions and limitations on eligibility may apply. Upon receiving an offer for and choosing to start a free trial of the Cocina On Services, you will need to: (i) select a subscription pursuant to Section 6, as applicable; (ii) register as a User pursuant to Section 6; and (iii) provide payment information pursuant to Section 7. If you do not cancel your subscription to Cocina On Services before the end of last day of the free trial, your subscription will be automatically converted from a free trial to a subscription to Cocina On Services and you will be charged for your subscription at the end of the last day of your free trial. If the free trial converts to a paid subscription subject to the terms presented to you prior to or during sign up, you authorize us to begin billing your payment method for the subscriber fee at the end of the free trial period of your subscription unless you cancel prior to the end of the free trial period. To view the specific details of your subscription, including the subscription fee and end date of your free trial period, visit www.cocinaon.com/myaccount and log in with your Registered Account or contact us at firstname.lastname@example.org. We may pre-authorize your payment method, and you authorize us to do so. In some instances, your available balance or credit limit may be reduced to reflect the authorization; however, no charges will be made against the payment method if you cancel prior to the end of your free trial period. IF YOU CANCEL PRIOR TO THE END OF YOUR FREE TRIAL, THERE WILL BE NO CHARGES TO YOUR PAYMENT METHOD. Go to www.cocinaon.com and click “How do I cancel my Cocina On subscription” or see Section 17 of these Terms for cancellation instructions.
Your Use of the Cocina On Services:
We want to keep the Cocina On Services safe and fun for everyone. We do not permit unlawful or harmful use of the Cocina On Services. Accordingly, you represent, warrant and agree that:
• You are eighteen (18) years of age or older if you are registering as a User on the Cocina On Services. If you are under the age of eighteen (18) you may use the Cocina On Services only with the consent of a parent or legal guardian, under the account of such parent or legal guardian and subject to these Cocina On Terms. • In cases where you have authorized a minor to use Cocina On, you are fully responsible for: the online conduct of such minor; controlling the minor's access to and use of Cocina On; and the consequences of any use or misuse by the minor; • You are responsible for ensuring that all persons who access Content using your User Credentials are aware of these Cocina On Terms and that they comply with them; • You must not violate any applicable law, rule, or regulation when using the Cocina On Services, and you must comply with these Cocina On Terms. You agree that you will not engage in or encourage conduct that would violate any applicable law, rule, regulation, judicial or government order or treaty, or give rise to civil liability or violate or infringe upon any intellectual property, proprietary, privacy, moral, publicity, or other rights of ours or of any other person or entity. • You will make timely and satisfactory payment for any Content purchased by you on or in connection with the Cocina On Services. You agree that all of the payment information that you provide is truthful and accurate. If we suspect that the payment information that you have provided is untrue, inaccurate, not current, or incomplete, we may, to the extent permitted by law, suspend or terminate your current and future access to Cocina On Services without liability or obligation to you or any third party. • Some Content on the Cocina On Services may be protected by technologies (commonly known as Digital Rights Management [“DRM”] technology) or rules. These DRM technologies may limit or restrict access and use of the Content. You understand that these DRM technologies are in place to protect the intellectual property rights of the Content producers, Cocina On, and our business partners and licensors. Accordingly, you agree that you will respect and will not attempt to violate any DRM technologies or rules that protect the Content, and that you will not and will not assist or encourage anyone to modify, reverse engineer, decompile, or disassemble software used to provide the Cocina On Services, or create any derivative works from or of such software. • You will not intentionally or unintentionally engage in or encourage conduct that affects adversely or reflects negatively on Cocina On, the Cocina On Services, our goodwill, name, or reputation. You also agree not to discourage any person or entity from using the Cocina On Services or doing business with us. • You will not use the Cocina On Services for commercial or business reasons, including pyramid schemes or exploiting information or material obtained in connection with the Cocina On Services. This includes linking with another website or mobile application and all forms of compensation. • You will not solicit usernames, passwords, or other personal information of Cocina On Services Users for your personal gain or for unlawful purposes. This includes the collection and use of information for spamming, flooding, harvesting of email addresses or other personal information, "spidering", "screen scraping", "phishing", "database scraping", or any other activity with the purposes of obtaining lists of Users or other information. • You will not cause the Cocina On Services to be affected with malware, including software viruses, spyware, Trojan horses or other computer code, files or programs designed to interrupt, impair, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Similarly, you agree that you will not otherwise affect the normal operations of the Cocina On Services by, for example, causing the modification, disruption, impairment, or interference with the use, features, function, operation or maintenance of the Cocina On Services or the rights or use of the Cocina On Services by others. • You will not impersonate any person or entity while using the Cocina On Services. You agree that you will not impersonate or falsely state or represent your affiliation with a person or entity, or provide us or other Cocina On Services Users with false or misleading indications of origin. • You will not post or transmit content or materials that you do not have a right to make available under any law, rule or regulation or contractual or fiduciary relationships, or otherwise creates a security or privacy risk for any other person or entity. For example, you may not post or transmit proprietary or confidential information subject to a non-disclosure agreement or employer confidentiality agreement on or through the Cocina On Services. • If you have a reasonable belief that a post or transmittal by another User violates these Cocina On Terms, please contact us at email@example.com. We reserve the right, but have no obligation to, remove User-submitted content that we, in our sole discretion, believe may violate these Cocina On Terms. • You understand that by using the Cocina On Services, you may encounter Content that you might find offensive, indecent, or objectionable, and that Content may or may not be flagged as potentially objectionable. Any Content types, ratings, and descriptions are only provided for convenience, and we do not guarantee their accuracy or availability. You understand that you are using the Cocina On Services at your sole risk and that we have no liability to you in connection with any Content you find to be offensive, indecent, or otherwise objectionable. • If you encounter User-created content that you have a reasonable belief to be objectionable and in violation of these Cocina On Terms, please contact us at firstname.lastname@example.org. We reserve the right to investigate and take appropriate legal action against anyone who, as determined in our sole discretion, violates, or is suspected of violating, these Cocina On Terms, including, without limitation, reporting you to law enforcement authorities.
- Customer Support
If you are experiencing technical difficulties with the App or the Content, reboot the App and sign in and confirm that you are connected to the internet via a data plan through your mobile provider, WiFi, or Ethernet. If you are still experiencing issues and for assistance with billing questions, order inquiries, or other issues related to the Cocina On Services, please reach out to Cocina On Customer Service at email@example.com. If you have more general questions about AMC or would like to contact AMC, please reach out to AMC Customer Service at firstname.lastname@example.org. To provide general feedback regarding the Cocina On Services, please reach out to Cocina On Customer Service at email@example.com.
- Our Intellectual Property Rights
We own or license all right, title and interest in and to the Cocina On Services. All content contained in or made available through the Cocina On Services is protected by copyright, trade secret, and other applicable intellectual property laws, rules, regulations and treaties. The content includes, without limitation, all films, video, audio/visual content, music (including the musical compositions therein), artwork, photographs, illustrations, graphics, logos, copy, text, computer code, software, data, user interfaces, visual interfaces, information, materials, and all copyrightable or otherwise legally protectable elements of the Cocina On Services, including, without limitation, the design, selection, sequence, look and feel, and arrangement of the Cocina On Services, and any copyrights, trademarks, service marks, trade names, trade dress, patent rights, database rights and/or other intellectual property and/or proprietary rights therein (including with respect to any content contained and/or made available in any advertisements or information presented to you via the Cocina On Services). Unless the context clearly requires otherwise or we explicitly set forth in writing, the term "Cocina On Services" includes such content.
You may use the Cocina On Services only for your noncommercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes. You must not alter, delete or conceal any copyright, trademark, service mark or other notices contained on the Cocina On Services, including, without limitation, notices on any Content you transmit, download, display, print, stream or reproduce from the Cocina On Services. Except as expressly authorized by Cocina On, you shall not, nor shall you allow any third party (whether or not for your benefit or otherwise) to, reproduce, modify, create derivative works from, display, perform, communicate to the public, make available, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website or platform), or otherwise use, any Content without the express, prior written consent of Cocina On or its owner if Cocina On is not the owner. Any unauthorized or prohibited use of any Content may subject you to civil liability, criminal prosecution, or both, under applicable laws, rules, regulations and treaties. We require users to respect our copyrights, trademarks, and other intellectual property rights and shall aggressively enforce the same to the fullest extent of the law, including seeking criminal prosecution. We likewise respect the intellectual property of others. If you believe that the Cocina On Services contain elements that infringe your intellectual property rights, please follow the procedures set forth in Section 15 above.
- Copyright and Intellectual Property Claims
If you believe that content available through the Cocina On Services infringes upon your copyright or other intellectual property rights, you may submit a notification by providing our Copyright Agent (set forth below) with the following information in writing: • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; • Identification of the work claimed to have been infringed, or, if multiple works on the Cocina On Services are covered by a single notification, a representative list of such works on the Cocina On Services; • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material; • For each work, identification of the infringement that is claimed, which country or countries the work is being infringed, as well as the date and time of the infringement; • Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if applicable, e-mail address; • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or intellectual property owner, its agent or the law; and • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Written notification of claimed infringement must be submitted to the following Copyright Agent: Att: Head of Legal / Copyright Agent AMC Networks Latin America LLC 2020 Ponce de Leon Blvd, Suite 800 Coral Gables, FL 33134
If access to your content has been disabled or your content was removed and you believe such content is not infringing, you may send a counter-notice containing the following information to our Copyright Agent: • Your physical or electronic signature; • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; • A statement that you have a good faith belief that the content was removed or disabled as a result of a mistake or a misidentification of the content; and • Your name, address, telephone number, and, if applicable, e-mail address, and a statement that you shall accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by our Copyright Agent, Cocina On may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the owner files an action seeking a court order against the content provider or the User, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at Cocina On’s sole discretion.
- Termination of Use of Cocina On Services
a. You may terminate your subscription for Cocina On Services at any time, for any reason. i. To terminate your subscription to Cocina On Services through the Ecommerce Website, go to www.cocinaon.com, login to your registered account, and select “Cancel your subscription.” ii. To terminate your subscription to Cocina On Services through Amazon, go to (a) your Amazon account and click “Amazon Channel Subscriptions and select “Cancel your subscription” under “Actions”; or (b) go to https://www.amazon.com/appstoresubscriptions and sign in with your Amazon account information, find the subscription you want to manage and select “Actions,” and choose “Cancel your subscription.” iii. To terminate your subscription to Cocina On Services through Apple, (a) go to your Apple account by following the instructions at https://support.apple.com/en-us/ht202039#subscriptions; or (b) on an iPhone, iPad, or iTouch, go to Settings, select your Apple ID, then select “iTunes & App Store,” authenticate your Apple ID, select subscriptions, select the subscription that you want to manage, and select “Cancel Subscription”; or (c) on a Mac or PC, open iTunes, sign in with your Apple, select “View My Account” under the “Account” menu, scroll to the “Settings” section, select “Manage,” then select “Edit” next to the subscription you want to manage, and finally select “Cancel Subscription”; (c) on an Apple TV, opening “Settings”, select “Accounts,” then select “Subscriptions”, choose the subscription that you want to manage, and finally select “Cancel Subscription.” iv. To terminate your subscription to Cocina On Services through Google, go to your Google account by following the instructions at https://support.google.com/googleplay/answer/7018481?hl=en&co=GENIE.Platform%3DAndroid, or by go to the Google Play store app, select “Account”, select the Cocina On app from the list of subscriptions, and select “Cancel Subscription” on the pop-up message. v. To terminate your subscription to Cocina On Services through Roku, (a) follow the instructions to cancel on your computer or smartphone at https://support.roku.com/article/208756478-how-to-manage-or-cancel-a-subscription-to-a-channel, or (b) go to my.roku.com on your computer or smartphone, sign in to your Roku account, select “manage your subscriptions,” and select the App to cancel your subscription. b. Once you terminate your subscription for Cocina On Services, you may terminate your Cocina On account at any time, for any reason by cancelling your Registered Account on the App. The option to terminate will not be available on the App on your mobile device. If you experience any issues canceling your Registered Account, please email us at firstname.lastname@example.org with your username and the email address you signed up with. If you have subscribed to Cocina On Services, you will continue to have access to your Cocina On Services until the end of your current subscription period. c. We may terminate or restrict your use of or registration to the Cocina On Services at any time, without compensation or notice, at our sole discretion, if you are in violation of these Cocina On Terms or are engaged in any illegal or unauthorized use of the Cocina On Services. d. COCINA ON DOES NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-BILLING PERIOD OR SUBSCRIPTION PERIODS OR FOR UNWATCHED CONTENT ACCESSIBLE THROUGH THE COCINA ON SERVICES, unless required by law. Refer to Section 17(a) and follow AMC’s, Amazon’s, Apple’s, Google’s, or Roku’s protocol, as applicable, to cancel your subscription to Cocina On Services. You acknowledge and agree that we shall have no other liability to you in respect of such termination. Even after your subscription or registration is terminated, to the extent necessary for us to enforce our legal rights, your obligations under these Cocina On Terms shall remain in effect.
These Cocina On Terms are personal to you, and any rights, licenses and privileges granted herein, may not be transferred or assigned by you without our consent. We may assign or transfer our rights, licenses and privileges without restriction and without notice to you, provided such assignment or transfer does not affect your rights under these Cocina On Terms and complies with applicable laws.
You agree to defend, indemnify and hold Cocina On, its successors and assigns, directors, officers, employees, representatives, agents, licensors, Advertisers, suppliers and operational service providers harmless from any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees) (collectively, "Claims"), arising in any way out of or in connection with (a) your use of the Cocina On Services, or (b) your breach or violation these Cocina On Terms. Cocina On reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Cocina On’s defense of such Claim.
- DISCLAIMER AND LIMITATIONS OF LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAWS, THE COCINA ON SERVICES, AND ALL CONTENT, PRODUCTS AND SERVICES ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THAT THE COCINA ON SERVICES WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS, SERVICES OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. ALL IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS RELATING TO THIS SITE, AND ALL CONTENT, PRODUCTS AND SERVICES ARE HEREBY DISCLAIMED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL AMAZON, APPLE, GOOGLE, ROKU, OR ANY OTHER THIRD PARTY THAT OWNS OR OPERATES THE APP STORE OR PLATFORM THROUGH WHICH YOU CAN ACCESS AND/OR DOWNLOAD THE COCINA ON SERVICES, THEIR AFFILIATES, VENDORS, AGENTS AND SUPPLIERS, AS APPLICABLE, GIVE ANY WARRANTY, HAVE ANY RESPONSIBILITY OR HAVE ANY LIABILITY WITH RESPECT TO YOUR USE OF THE COCINA ON SERVICES ,OR ANY CONTENT OR FUNCTIONALITY IN THE COCINA ON SERVICES, NOR SHALL THEY BE RESPONSIBLE FOR PROVIDING SUPPORT SERVICES WITH RESPECT TO THE COCINA ON SERVICES.
Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Cocina On Services. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Cocina On Services, including, without limitation, Content associated with your use of the Cocina On Services. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COCINA ON, ITS AFFILIATES, PARENT, SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS AND SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE COCINA ON SERVICES OR FROM THESE COCINA ON TERMS, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES. You further understand and acknowledge the capacity of the Cocina On Services, in the aggregate and for each User, is limited. Consequently, some features or functions may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that Cocina On assumes no liability, responsibility or obligation to transmit, process, store, receive or deliver transactions and you are hereby expressly advised not to rely upon the timeliness or performance of Cocina On for any transactions. 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. We do not attempt to exclude or limit in any way our liability to you where it would be unlawful for us to do so. In the UK, this includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentations or for defective products under the Consumer Protection Act 1987. NOTHING IN THESE COCINA ON TERMS SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.
- Terms Applicable to Third Party Platform Providers
- Electronic Signature and Contracts
When you use the Cocina On Services, you can enter into agreements and make purchases electronically. You agree to the use of electronic records and signatures in association with the Cocina On Services. Your agreement and intent to use electronic records and signatures applies to all transactions you enter into on the Service Services, including without limitation and to the full extent allowed by law, notices of cancellation, policies, contracts, and applications. If you do not wish to use electronic records and signatures, do not use the Cocina On Services. You may have a legal right to receive certain information from us in writing. You agree that we may use e-mail and other electronic means to provide you with such information as well as for other communications. To access and retain this information you will need to provide us with an active e-mail account, and you must have an Internet-connected device that is capable of receiving HTML e-mails and a method of storing or printing those e-mails. You may have a legal right to receive paper copies of certain notices. To receive such copies, contact us at email@example.com . To update your contact information, visit the “My Account” section of the Cocina On Services. You confirm that you have the ability to access and retain e-mails.
- Force Majeure
Cocina On shall not have any liability to you by reason of any delay or failure to perform any obligation hereunder if the delay or failure to perform is occasioned by force majeure, which shall refer to any act of God, storm, fire, casualty, unanticipated work stoppage, power outage, satellite failure, strike, lockout, labor dispute, civil disturbance, riot, war, national emergency, Governmental action or other cause beyond Cocina On’s control.
- Geographic Availability
The Cocina On Services are intended for viewing solely within the United States, and United States territories, including American Samoa, Guam, Northern Mariana Islands, Puerto Rico, United States Military, United States Minor Outlying Islands and the United States Virgin Islands (the “Territories”). Cocina On makes no representations that materials or other Content in the Cocina On Services are appropriate or available for use outside of the Territories.
- Dispute Resolution
- Who is Cleeng?
Our monetization partner Cleeng B.V. ("Cleeng") handles the management of access to content and/or subscriptions and payment and billing on our behalf. For this purpose, Cleeng will act as the merchant of record on our request. The services of Cleeng are subject to the terms and conditions of Cleeng, which are hereby incorporated, please refer to https://cleeng.com/cleeng-user-agreement.