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Terms of Use

OVERVIEW

Lion Mountain TV provides an internet-based subscription service to our members allowing access to certain television episodes, short and feature-length movies and additional video content ("Content"). The Content is streamed over the Internet to member’s computers or internet-connected televisions, mobile phones, tablets or television devices, when available ("Lion Mountain TV-ready devices").

These Terms of Use govern your use of our service. As used in these Terms of Use, "Lion Mountain TV service," "our service" or "the service" means the service provided by Lion Mountain TV (through its technology provider Katapy) for finding and viewing Content, including all features and functionalities, website, and user interfaces, as well as all content and software associated with our service.

If you are a resident of the Republic of South Africa, you agree to the Arbitration Agreement and class action waiver described in Section 14 to resolve any disputes with Lion Mountain TV (except for matters that may be taken to small claims court).


ACCEPTANCE

These Terms of Use ("Terms"), which include our End User License Agreement ("EULA") and Privacy Policy, govern your use of the Lion Mountain TV service. Please read these Terms carefully before using this website ("site"). By using, visiting, or browsing the Lion Mountain TV service, you accept and agree to these Terms of Use. If you do not agree to these Terms of Use, do not use the Lion Mountain TV service. These terms govern the use of any content on this site including text, software, images or videos and any services that Lion Mountain TV may provide through the site. 


CHANGES TO TERMS OF USE

Lion Mountain TV may, from time to time, change these Terms of Use, including the Privacy Policy, and EULA. Such revisions shall be effective immediately; provided however, for existing members, such revision shall, unless otherwise stated, be effective 30 days after posting.


COMMUNICATION PREFERENCES

By using the Lion Mountain TV service, you consent to receiving electronic communications from Lion Mountain TV relating to your account. These communications may involve sending emails to your email address provided during registration, or posting communications on the Lion Mountain TV service, or in the "Account" page and will include notices about your account (e.g. payment authorizations, change in password or Payment Choice, confirmation e-mails and other transactional information) and are part of your relationship with Lion Mountain TV. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from Lion Mountain TV, such as newsletters, special offers, member surveys and promotional announcements via email or other methods. Please review our Privacy Policy for further detail on our marketing communications.


PRIVACY

Personally identifying information is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices.


LION MOUNTAIN TV SERVICE
  1. You must be 18 years of age to become a member of the Lion Mountain TV service. Individuals under the age of 18 may utilize the service only with the involvement of a parent or legal guardian, under such person's account and otherwise subject to these Terms of Use.

  2. The Lion Mountain TV service, and any content viewed through our service, is for your personal and non-commercial use only. During your Lion Mountain TV membership, we grant you a limited, non-exclusive, non-transferable, license to access the Lion Mountain TV service and view Content through the service on a streaming-only basis for that purpose. Except for the foregoing limited license, no right, title or interest is or shall be transferred to you.

  3. You may view Content through the Lion Mountain TV service only in geographic locations where we offer our service and have licensed such Content. The content that may be available to watch will vary by geographic location. Lion Mountain TV will use technologies to verify your geographic location. YOUR PAYMENT FOR AND USE OF LION MOUNTAIN TV SERVICES ENTITLES YOU TO WATCH ON ONE UNIQUE, AUTHORIZED LION MOUNTAIN TV READY DEVICE AT ANY GIVEN TIME. The number of devices available for use and the simultaneous streams may change from time to time at our discretion without notice.

  4. We continually update the Lion Mountain TV service, including the content library. In addition, we continually test various aspects of our service, including our website, user interfaces, service levels, plans, promotional features, availability of Content, and 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.

  5. The availability of Content to watch will change from time to time. The quality of the display of the streaming Content may vary from computer to computer, and 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. Lion Mountain TV makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching 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 Lion Mountain TV ready device.

  6. You agree to use the Lion Mountain TV service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, including public performance limitations or other restrictions on use of the service or content therein. You agree not to archive, download (other than through caching necessary for personal use), reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained on or obtained from or through the Lion Mountain TV service without express prior written permission from Lion Mountain TV or its licensors. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Lion Mountain TV service; use any robot, spider, scraper or other automated means to access the Lion Mountain TV service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Lion Mountain TV service; insert any code or product or manipulate the content of the Lion Mountain TV service in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Lion Mountain TV service, including any software viruses or any other computer code, files or programs.

  7. Lion Mountain TV streaming software is developed by, or for, Lion Mountain TV and is designed to enable streaming of content from Lion Mountain TV through Lion Mountain TV 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 END USER LICENCE AGREEMENT AND TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE LION MOUNTAIN TV 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 Lion Mountain TV service. If your Lion Mountain TV ready device is sold, lost or stolen, please deactivate the Lion Mountain TV ready device. If you fail to log out or deactivate your device, subsequent users may access the Lion Mountain TV service through your account and may be able to access certain of your account information.

  8. We may terminate or restrict your use of our service, without compensation or notice if you are, or if we suspect that you are (i) in violation of any of these Terms of Use or (ii) engaged in illegal or improper use of the service.


MEMBERSHIP, BILLING AND CANCELLATION
  1. Membership

    1. Perpetual Membership. Your Lion Mountain TV membership, will continue month-to-month or annually (if you chose an annual subscription) 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 Choice") to use the Lion Mountain TV service. We will bill the monthly or annual membership fee to your Payment Choice. You must cancel your membership before it renews each month (or year in the case or an annual subscription) in order to avoid billing of the next month's (or year’s) membership fees to your Payment Choice.

    2. Varying Memberships. From time to time, Lion Mountain TV may offer a number of membership plans, including special promotional plans or memberships with differing conditions and limitations. Any materially different terms from those described in these Terms of Use will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your membership with Lion Mountain TV by visiting our website and clicking on the My Account link. We reserve the right to modify, terminate or otherwise amend our offered membership plans in the future.

  2. Billing

    1. Recurring Billing. By beginning your Lion Mountain TV membership, you authorize us to charge you a recurring monthly or annual membership fee at the then current rate, and any other charges you may incur in connection with your use of the Lion Mountain TV service to your Payment Choice. You acknowledge that the amount billed each month or year may vary from month to month or year to year for reasons that may include differing amounts due to changing or adding a plan, and you authorize us to charge your Payment Choice for such varying amounts, which may be billed monthly or annually in one or more charges.

    2. Price Changes. We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to your service will take effect following email notice to you.

    3. Billing Cycle. The membership fee for our service will be billed at the beginning of your membership and each month (or year, in the case of annual subscriptions) thereafter unless and until you cancel your membership. We automatically bill your Payment Choice each month on the calendar day corresponding to the commencement of your paying membership. Membership fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Choice has not successfully settled. In the event that your paying membership began on a day not contained in a given month, we may bill your Payment Choice on a day in the applicable month or such other day as we deem appropriate. For example, if you started your Lion Mountain TV membership or became a paying monthly member on March 31st, your next payment date is likely to be April 30th, and your Payment Choice would be billed on that date. Your renewal date may change due to changes in your Membership. Visit our website and click on the "View billing details" link on the My Account page to see the commencement date for your next renewal period. We may authorize your Payment Choice in anticipation of membership or service-related charges. As used in these Terms of Use, "billing" shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Choice. Unless otherwise stated differently, month or monthly (or year, annual, or annually) refers to your billing cycle.

    4. No Refunds. PAYMENTS ARE NON-REFUNDABLE 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 other members credits in the future, under any circumstance.

    5. Payment Choices. You may edit your Payment Choice information by visiting our website and clicking on the My Account link, available at the top of the pages of the Lion Mountain TV website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Choice information or cancel your account (see, "Cancellation" below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Choice, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Choices, the issuer of your Payment Choice may charge you a foreign transaction fee or other charges. Check with your Payment Choice service provider for details.

    6. Cancellation. You may cancel your Lion Mountain TV membership at any time, and you will continue to have access to the Lion Mountain TV service through the end of your monthly or annual billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH OR PARTIAL-YEAR MEMBERSHIP PERIODS OR UNWATCHED CONTENT. To cancel, go to the "Account" page on our website and follow the instructions for cancellation.


PASSWORDS & ACCOUNT ACCESS
  1. The member who created the Lion Mountain TV account and whose Payment Choice is charged is referred to here as the Account Owner. The Account Owner has access and control over the Lion Mountain TV 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 Lion Mountain TV Customer Service and potentially altering the Account Owner's control, the Account Owner should not reveal the Payment Choice details (e.g., last four digits of their credit or debit card) associated with their account. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.

  2. In order to provide you with ease of access to your account and to help administer the Lion Mountain TV service, Lion Mountain TV 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 Lion Mountain TV service, which includes accessing via Lion Mountain TV ready devices or website.

  3. BY SHARING THE LION MOUNTAIN TV SERVICE PASSWORD OR ALLOWING OTHERS TO ACCESS YOUR ACCOUNT, THE ACCOUNT OWNER AGREES TO BE RESPONSIBLE FOR ASSURING THAT HOUSEHOLD MEMBERS COMPLY WITH THE TERMS OF USE AND SUCH ACCOUNT OWNER SHALL BE RESPONSIBLE FOR THE ACTIONS OF THE HOUSEHOLD MEMBERS.

  4. 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 Lion Mountain TV website and not through a hyperlink in an email or any other electronic communication, even if it looks official. Lion Mountain TV 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. Lion Mountain TV is not obligated to credit or discount a membership for holds placed on the account by either a representative of Lion Mountain TV or by the automated processes of Lion Mountain TV.


DISCLAIMERS OF WARRANTIES AND LIMITATION OF LIABILITY
  1. THE LION MOUNTAIN TV SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE LION MOUNTAIN TV SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. LION MOUNTAIN TV DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE LION MOUNTAIN TV SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. LION MOUNTAIN TV SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, LION MOUNTAIN TV READY DEVICES, AND LION MOUNTAIN TV SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).

  2. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL LION MOUNTAIN TV, 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.

  3. 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.

  4. NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.


INTELLECTUAL PROPERTY

The Lion Mountain TV service, including all content provided on the Lion Mountain TV service, is protected by United States and international copyright, trade secret or other intellectual property laws and treaties.


GOVERNING LAW
  1. For all Lion Mountain TV members, these Terms of Use shall be governed by and construed in accordance with the laws of the Republic of South Africa without regard to conflict of law provisions.

  2. You may also be entitled to certain consumer protection rights under the laws of your local jurisdiction.


APPLICATIONS

In the future, you may come across third-party applications ("Application(s)") including, without limitation, websites, widgets, software, or other software utilities that interact with the Lion Mountain TV service. These Applications may import data related to your Lion Mountain TV account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and Lion Mountain TV is not responsible for such Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO WITH OR SPONSORED BY LION MOUNTAIN TV AND MAY NOT BE AUTHORIZED FOR USE WITH OUR SERVICE. USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK.


USE OF INFORMATION SUBMITTED

Lion Mountain TV 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 Lion Mountain TV service, including the Lion Mountain TV 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 Lion Mountain TV service. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law. Please note Lion Mountain TV is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted unsolicited to Lion Mountain TV. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Lion Mountain TV and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.


ARBITRATION AGREEMENT
    1. If you are a Lion Mountain TV member in the Republic of South Africa, you and Lion Mountain TV agree that any dispute, claim or controversy arising out of or relating in any way to the Lion Mountain TV service, these Terms of Use and this Arbitration Agreement, shall be determined as follows.

    2. General
      1. The parties shall endeavour to mediate any dispute as referred to above between them;

      2. The mediation shall be held in private, in the English language and all proceedings shall be kept  confidential by the parties;

      3. In the absence of a written and signed agreement to the contrary, the mediation shall be held in Johannesburg or Sandton, Gauteng Province;

      4. The provisions of this clause shall be binding upon the parties' successors in title, assignees, trustees, executors and liquidators;

      5. This clause shall survive the agreement's termination in all and any circumstances.
    3. Without prejudice meeting

      1. In the event of a dispute, the parties agree that they will meet on an informal and without prejudice basis, with a view to exploring a possible resolution of the dispute.

        1. Such meeting shall take place:-

          1. within 3 (three) days of the party who first gives notice of the dispute and calls for the meeting; and 

          2. within the municipal areas of Johannesburg or Sandton nominated by the representative who calls for the meeting.

        2. The dispute shall only be settled in the event that the parties reduce their in-principle settlement understanding/consensus to writing and sign same, even if there is consensus on the fundamental, financial and commercial terms of the settlement.

    4. Binding mediation

      1. In the event that the parties are not able to resolve the dispute as referred to in clause c above within 5 (Five) days of the party first calling upon the other party to meet for the purposes of a attending a without prejudice meeting of the sort referred to in clause c i above, then and in such event the parties shall mediate the dispute.

      2. In this regard the parties shall, by agreement, nominate a mediator who shall have the obligation to issue an award and/or decision which is binding on the parties.

      3. In the event the parties cannot reach agreement on the identity of the mediator within 5 (Five) days of either party giving notice of the commencement of the mediation process, then and in such event the Chairman of the Johannesburg Bar Council ("the Bar Chairperson") shall nominate the mediator following upon a conference call with the parties inviting their comments / views / thoughts.

        1. In the event however that any party who is entitled to participate in the conference call fails to do so, the Bar Chairperson shall be entitled to continue and engage with the other party but in all and in any circumstances in the event that a mediator has not been appointed by the Bar Chairperson within 6 (Six) days of the Bar Chairperson first being approached to appoint a mediator, by reason of any one or other or both parties not participating in a conference call with the Bar Chairperson, the Bar Chairperson shall be entitled to appoint the mediator without reference to or further reference to the party or parties as the case may be. 

        2. The expert shall determine his own procedures for determining the dispute but in so doing shall:-

          1. allow the parties to make oral (or at the request of any of the parties, written as well as oral or only written) representations to him as to the procedures relative to the dispute; and

          2. permit the parties to challenge each other's contentions and positions in whatever manner the expert considers appropriate but that manner shall be structured and devised to allow the parties a reasonable opportunity to:-

            express their views;

            challenge the other's contentions; and 

            inform / educate the expert as to of their positions,

            and generally adhere to the audi alterem partem rule.

        3. Insofar as the mediation process is concerned the mediator shall:-

          1. be entitled to communicate and meet with any of the parties either in the presence of the other parties or in private;

          2. not disclose any information furnished in confidence by any one of the parties to him, to any other party without the consent of the party furnishing the information;

          3. act impartially and shall be advised to disclose to the parties to the mediation any relationship or dealings which he (the mediator) may have had (whether with any one or other of the parties or otherwise) which may impact upon or may be perceived by any one or other of the parties to impact upon his ability to act impartially and facilitate a resolution of the dispute.

    5. Costs

      1. Each of the parties shall bear their own costs in relation to the without prejudice engagement referred to above, but the mediator shall determine the costs in regard to the mediation. In this latter regard the mediator shall take into account whether any party has been wholly or substantially successful.

      2. The parties agree however that they shall be liable in equal shares for the costs of the mediator, the venue and any other costs pertaining to the mediation but shall have a right to recover same in accordance with any costs award issued by the mediator

    6. Representation

      The parties shall be entitled to be legally represented at the mediation and to call such witnesses as they consider appropriate.

    7. Mediation Award

      The mediator's decision / determination (which shall be an award and which shall be binding on the parties) shall:-

      1. be in writing and circulated to the parties simultaneously;

      2. be motivated by full explanation; and

      3. absent (1) a manifest error (2) any legal basis to attack same such as for for example the result is one that is irrational or illogical, be final and binding on the parties.


CONSENT TO JURISDICTION

Without derogating from any matter referred to in any of the alternate dispute resolution provisions provided for in this agreement, the parties do hereby consent to the exclusive jurisdiction of the South Gauteng High Court, Johannesburg. 

YOU AND LION MOUNTAIN TV 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 Lion Mountain TV agree otherwise, the mediator 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 mediator 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.


PROHIBITED USES

You agree not to use the site or any materials you may obtain through the site in a manner that violates any law. You also agree not to use the site to stalk, harass, or harm another individual, to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity. You further agree not to interfere with or disrupt the site, servers or networks connected to the site or to use any data mining, robots, or similar data gathering or extraction methods or attempt to gain unauthorized access to any portion of the site or any other accounts, computer systems, or networks connected to the site, whether through hacking, password mining, or any other means.


Last updated: February 16, 2017