TERMS OF SERVICE
As a preliminary matter, we wanted to highlight a topic that you will read more about later. At Escape Cellular, we expect that our world-class customer service team, which can be contacted through our Help Center, will be able to resolve any issues you may have as you enjoy our services. In the unlikely event that an issue between us remains unresolved, please note that THESE TERMS REQUIRE ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN JURY TRIALS OR CLASS ACTIONS. ALSO, THESE TERMS SET FORTH SPECIFIC REMEDIES AVAILABLE TO YOU. PLEASE SEE SECTIONS 11 AND 13 TO LEARN MORE.
2. Changes to These TermsWe may need to make changes to these Terms from time to time for many reasons. For example, we may need to reflect updates in how the Services work or changes in the law. You should look at these Terms regularly, which are posted on the Escape Cellular Site at Escape Cellular.com/terms. If we make a material change to these Terms, may notify you by posting a notice on the Escape Cellular Site. Therefore, it is important that you keep your account information, including email addresses, updated. Any material change to these Terms will be effective automatically 3 days after the revised Terms are first posted or, for users who register or otherwise provide opt-in consent during this 3 day period, at the time of registration or consent, as applicable.
3. Access and Use of the Services
3.1 Age Limitations. The Services are not intended to be used by children. If you are under the age of 18, you are not permitted to register with Escape Cellular or provide your personal information to Escape Cellular.
3.2 Your License. Escape Cellular is pleased to grant you a non-exclusive limited license to use the Services, including accessing and viewing the Content on a streaming-only basis through the Video Player as set forth in these Terms. The periods during which you can view each piece of Content will vary based on the rights availability of such Content and the terms of your subscription.
3.3 Profiles. Escape Cellular offers the option to personalize the use of the Services through the creation of one or more profiles under one account. Only the account holder, and those with permission from the account holder, may create a profile.
3.4 The Content. Usage Rules and Limitations. You may only access and view the Content in compliance with these Terms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means copy, record, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, or transmit or retransmit the Content unless expressly permitted by the terms of your subscription or otherwise by Escape Cellular in writing. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by Escape Cellular in writing. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by Escape Cellular. You may not build a business utilizing the Content, whether or not for profit. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless expressly permitted by Escape Cellular in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.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 Escape Cellular does not guarantee that you will agree with them. You acknowledge these risks. Content Quality. Escape Cellular uses various technologies to provide you with an optimal viewing and mobile experience. That said, quality of Content, including resolution, may be affected by the format of the Content, your location, the speed and bandwidth of your internet service, and the devices used, among other factors. 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, Escape Cellular is unable to make any warranties about the Content in these respects.3.5 The Video Player. You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of the Video Player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Video Player. This restriction includes, without limitation, disabling, reverse engineering, modifying, interfering with or otherwise circumventing the Video Player in any manner that enables users to view the Content without:
3.5a displaying visibly both the Video Player and all surrounding elements including the graphical user interface, any advertising, copyright notices, and trademarks of the Access Point where the Video Player is located; and 3.5b having full access to all functionality of the Video Player, including, without limitation, all video quality and display functionality and all interactive, elective, or click-through advertising functionality. Where Escape Cellular has incorporated an embed option in connection with Content on the Services, you may embed videos using the Video Player, provided you do not embed the Video Player on any website or other location that contains or hosts content that is unlawful, infringing, pornographic, obscene, defamatory, libelous, threatening, harassing, vulgar, indecent, profane, hateful, racially or ethnically offensive, encourages criminal conduct, gives rise to civil liability, violates any law, rule, or regulation, infringes any right of any third party including intellectual property rights, or is otherwise inappropriate or objectionable to Escape Cellular, in Escape Cellulars sole discretion, or links to infringing or unauthorized content collectively, Unsuitable Material. You may not embed the Video Player into any hardware or software application, even for non-commercial purposes. Escape Cellular reserves the right to prevent embedding to any website or other location that Escape Cellular finds inappropriate or objectionable as determined by Escape Cellular in its sole discretion.
3.6 Compatible Devices. In order to access the Services, you will need to use a computer, mobile device, streaming media player, or other device that meets the system and compatibility requirements that we establish from time to time each, a compatible Device. Please note that Compatible Devices may vary by Service. For example, certain devices may not be capable of streaming Content from the Live TV Service but may be capable of streaming other Content. Features and functionalities that we make available through the Services may also differ by Compatible Device and the terms of your subscription. Please visit our Help Center for a current list of Compatible Devices. The number of simultaneous streams of Content that you can access, including in-home and out-of-home streams, may vary by Service and require device and account verification. In-home streams are those that you stream through your home internet service. Out-of-home streams are those that you stream through a connection to a cellular or Wi-Fi network outside of your home.
3.7 Internet Service and Data Usage. In order to access the Services, you must have a high-speed broadband, wireless or similar internet connection from an internet service provider that meets certain technical specifications. Please note that multiple simultaneous streams, as well as HD and 4K Ultra HD Content, may require higher internet bandwidth. You are responsible for any costs associated with your internet service used to access the Services. Your use of the Services may count toward your data usage, depending on the terms of your agreement with your internet service provider.
3.8 Ownership. You agree that Escape Cellular retains all rights to the Services. You further agree that the Content you access and view as part of the Services is owned or controlled by Escape Cellular and/or Escape Cellulars content programmers. The Services and the Content are protected by copyright, trademark, and other intellectual property laws.
3.10 No Spam/Unsolicited Communications. We know how annoying and upsetting it can be to receive unwanted email or instant messages from people you do not know. Therefore, you may not use the Services to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. You understand that we may employ technical measures to prevent spam or unsolicited bulk or other communications from entering, utilizing, or remaining within our computer or communications networks. If you Post as defined below in Section 7 or otherwise send spam, advertising, or other unsolicited communications of any kind through the Services, you acknowledge that you will have caused substantial harm to Escape Cellular and that the amount of such harm would be extremely difficult to measure.
3.11 Software Downloads. In order to participate in certain Services or access certain Content, you may be notified that it is necessary to download software or other materials or agree to additional terms and conditions. Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into these Terms.
3.12 Modification/Suspension/Discontinuation. We regularly make changes to the Services. The availability of the Content, as well as Access Points and Compatible Devices through which the Services are available, will change from time to time. Escape Cellular reserves the right to replace or remove any Content and Access Points available to you through the Services, including specific titles and networks/channels, and to otherwise make changes in how we operate the Services. Additionally, you agree that for various reasons, such as restrictions from content programmers and other limitations or considerations from third parties, certain Content that may be available through one Access Point may not be available through another Access Point. We hope not to, but we may change, suspend, or discontinue – temporarily or permanently – some or all of the Services including the Content and the Compatible Devices through which the Services are accessed , with respect to any or all users, at any time without notice. In our continued assessment of the Services, we may from time to time, with respect to any or all of our users, experiment with or otherwise offer certain features or other elements of the Services, including promotional features, user interfaces, plans, pricing, and advertisements. You acknowledge that Escape Cellular may do so in Escape Cellular s sole discretion at any time without notice. You also agree that Escape Cellular will not be liable to you for any modification, suspension, or discontinuance of the Services, although if you are an Escape Cellular subscriber and Escape Cellular suspends or discontinues your subscription to the Services, Escape Cellular may, in its sole discretion, provide you with a credit, refund, discount or other form of consideration for example, we may credit additional days of service to your account in accordance with Section 4 below. However, if Escape Cellular terminates your account or suspends or discontinues your access to Services due to your violation of these Terms, then you will not be eligible for any such credit, refund, discount or other consideration.
3.13 Customer Service. If we can be of help to you, please do not hesitate to contact our customer service department by visiting our Help Center. It would be our pleasure to serve you. We aim to deliver first-class customer service, but in the unlikely event that a customer service representative provides information that is inconsistent with these Terms, please be aware that these Terms will control.
4. Subscriptions and Billing
4.1 Subscriptions. While we may offer Content from time to time for free, we charge a fee to access the Services. The Services may include different Content offerings and features, with different benefits, conditions, and limitations. You can find the specific details regarding your subscription at any time by logging in on the Escape Cellular Site and viewing your account details. Because the Services are offered in multiple time zones, for consistency, a day for purposes of these Terms begins at 12:00 a.m. Eastern Time and ends at 11:59 p.m. Eastern Time of that same calendar day.
4.2 Billing. By providing a credit card or other payment method accepted by Escape Cellular or our affiliate Payment Method for your subscription, you are expressly agreeing that we are authorized to charge you a periodic subscription fee on a recurring basis corresponding to the term of your subscription, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of your subscription to the Payment Method. If you want to use a different Payment Method than the one you signed up to use during registration, or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by logging in on the Escape Cellular Site and viewing your account details. When you provide a Payment Method to access a subscription, including in connection with a free trial offer, our system will attempt to verify the information you entered. We do this by processing an authorization hold, which is a standard practice. We do not charge you in connection with this authorization hold. If your Payment Method expires and you do not edit your Payment Method information or cancel your account, you authorize us to continue billing, and you will remain responsible for any uncollected amounts.As used in these Terms, billing shall indicate either a charge or debit, as applicable, against your Payment Method. The subscription fee will be billed at the beginning of your subscription or expiration of your free trial period, if any, whichever is earlier, and on each periodic renewal date thereafter unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to these Terms. To see the commencement date for your next renewal period, log in on the Escape Cellular Site and view your account details. We automatically bill your Payment Method on the calendar day corresponding to the commencement of your subscription. For subscribers whose subscription starts with a free trial, billing will commence upon the expiration of the free trial. The interval of time between each payment due date shall correspond to the term of your subscription and be referred to herein as a Billing Period. In the event your subscription began on a day not contained in a given month,we bill your Payment Method on the last day of such month. You acknowledge that the timing of when you are billed and the amount billed each Billing Period may vary, including for example due to free trials and other promotional offers, gift card redemptions, credits applied, changes in your subscription, changes in your Payment Method, and changes in applicable taxes, and you authorize us to charge your Payment Method for the corresponding amounts.If we offer you a promotion e.g., a promotional price for your subscription, the specific terms of the promotion will be disclosed during your sign-up or in other materials provided to you describing the particular promotion. In the case of promotional pricing, after your promotion ends, we will begin billing your Payment Method for your subscription at the regular price after your promotion ends unless you cancel prior to the end of your promotion or unless otherwise disclosed in communications made available to you.Escape Cellular reserves the right to change the terms of your subscription, including price, from time to time, effective as of the beginning of your next Billing Period following the date of the change. If Escape Cellular changes the subscription fee or other charges for your subscription, we will give you advance notice of these changes. However, we will not be able to notify you of changes in any applicable taxes.Very rarely, if there are special circumstances where Escape Cellular determines it is appropriate e.g., your access to the Services is unavailable for days due to technical difficulties, we may provide credits to affected subscribers. The amount and form of such credits, and the decision to provide them, are at Escape Cellular s sole and absolute discretion, and the provision of credits in one instance does not entitle anyone to credits in the future under similar or different circumstances.
4.3 Ongoing Subscription and Cancellation. Your subscription will continue in effect on a recurring basis corresponding to the term of your subscription unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to these Terms. You must cancel your subscription before your next renewal date in order to avoid the next billing. We will bill the periodic subscription fee plus any applicable taxes to the Payment Method you provide to us during registration or to a different Payment Method if you change your account information. If you cancel your subscription, cancellation will be effective at the end of the current Billing Period – this means that you will have continued access to your subscription for the remainder of that period, but you will not receive a refund. You will also forfeit any service or referral credits upon cancellation. You can cancel your subscription by logging into your Escape Cellular account and following the instructions on your account page on the Escape Cellular Site or in the settings of our mobile application. If you pay for the Services through your account with a third party e.g., Google Pay and want to cancel your subscription or manage your billing, you may need to do so through your account with such third party.
4.4 Unpaid Amounts. It is important that each subscriber honor the payment obligations to which the subscriber agreed. Accordingly, we reserve the right to retry billing your Payment Method after failed attempts e.g., if your Payment Method is rejected. We also reserve the right to pursue any amounts you fail to pay in connection with your subscription. You will remain liable for all such amounts and all costs incurred in connection with the collection of these amounts, including, without limitation, bank overdraft fees, collection agency fees, reasonable attorneys fees, and arbitration or court costs.
4.5 Free Trials. On occasion, we may be authorized to offer free trials to a particular Service for certain qualifying users. If we offer you a free trial, the specific terms of your free trial will be stated in the material describing the particular free trial or during your sign-up. Certain limitations may exist with respect to combining free trials with any other offers. Escape Cellular reserves the right to determine eligibility for free trials. To view the specific details regarding your free trial, if any, log in on the Escape Cellular Site and view your account details. Once your free trial period ends, we will begin billing your Payment Method for your periodic subscription fees plus any applicable taxes, unless you cancel prior to the end of your free trial. For that reason, unless otherwise indicated in the free trial description, you may be asked to set up a valid Payment Method when redeeming a free trial offer. For existing subscribers who accept a free trial to a Service, at the end of the free trial, you may be charged a prorated amount for the Service to cover the period between the date the free trial ends and your next Billing Period begins. It is very important to understand that you will not receive a notice from Escape Cellular that your free trial has ended and that payment for your subscription is due. If you wish to avoid charges to your Payment Method, you must cancel your subscription prior to midnight Eastern Time on the last day of your free trial period. You may cancel your subscription at any time as described in the Ongoing Subscription and Cancellation section of these Terms. We will continue to bill your Payment Method for your subscription on a recurring basis corresponding to the term of your subscription until you cancel or the account or applicable Service is otherwise suspended or discontinued pursuant to these Terms. To the extent subscriptions are offered in conjunction with purchases of, or payment for, third party products or services, you agree that Escape Cellular will not be liable to you for any claims arising out of or related to your purchase or use of such third party products or services. If you cancel your subscription during a free trial or while using a promotional code or other credits, cancellation may be effective immediately.
4.6 Thirty Day money back guarantee. We offer a Thirty Day money back guarantee. To complete your return, simply mail back the SET top box / Mobile Device along with customer name and billing address to 7026 Steans RD., Olmsted TWP 44138-1133.
4.7 Refunds and Exchanges. Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval of your refund. Your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within 1 day. We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at firstname.lastname@example.org and send your item to: 7026 Stearns RD., Olmsted TWP, OH 44138-1133.
5. Accounts and RegistrationYou are responsible for all use of your account, including the use of your account by other members of your household. By allowing others to access your account or to create profiles within your account, you agree to be responsible for ensuring that they comply with these Terms and you agree to be responsible for their activity using the Services.All registration information you submit must be accurate and updated. Please keep your password confidential. You will not have to reveal it to any Escape Cellular representative. Because you are responsible for all use of your account, including unauthorized use by any third party, please be very careful to guard the security of your password. Please notify us by email using the customer support form available from our Help Center if you suspect any unauthorized use of your account. Please also make sure to notify us if your registration information changes, in case we need to contact you.You may find information on how to delete your Escape Cellular account by logging in on the Escape Cellular Site and viewing your account details. Please identify your account and provide a valid reply email address in the event we require additional information to terminate your account. Please note, if you are a subscriber you must first cancel your subscription before you will be able to delete your account. Please see the section Ongoing Subscription and Cancellation above for instructions on how to cancel your subscription.We reserve the right to immediately terminate or restrict your account or your use of the Services or access to Content at any time, without notice or liability, if Escape Cellular determines in its sole discretion that you have breached these Terms, violated any law, rule, or regulation, engaged in other inappropriate conduct, or for any other business reason. We also reserve the right to terminate your account or your use of the Services or access to Content if such use places an undue burden on our networks or servers. Of course, we would prefer to avoid such termination; therefore, we may use technology to limit activities, such as the number of calls to the Escape Cellular servers being made or the volume of User Material as defined below in Section 7 being Posted, and you agree to respect these limitations and not take any steps to circumvent, avoid, or bypass them.
7. User Reviews, Comments, and Other Material
7.1 Your Posts. As part of the Services, users may have an opportunity to publish, transmit, submit, or otherwise post collectively, Post reviews, comments, or other materials collectively, User Material. In order to keep the Services enjoyable for all of our users, you must adhere to the rules below. Please choose carefully the User Material that you Post. Please limit yourself to User Material directly relevant to the Services. Moreover, you must not Post User Material that: contains Unsuitable Material as defined above in Section 3; or improperly claims the identity of another person. Please note that if you Post User Material on Escape Cellular using a third party service, such as a social network or email provider, your first and last name or other user ID may appear to the public each time you Post. We advise that you do not, and you should also be careful if you decide to, Post additional personal information, such as your email address, telephone number, or street address. You must be, or have first obtained permission from, the rightful owner of any User Material you Post. By submitting User Material, you represent and warrant that you own the User Material or otherwise have the right to grant Escape Cellular the license provided below. You also represent and warrant that the Posting of your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your Posting User Material. Escape Cellular will remove all User Material if we are properly notified that such User Material infringes on another person s rights. You acknowledge that Escape Cellular does not guarantee any confidentiality with respect to any User Material. By Posting User Material, you are not forfeiting any ownership rights in such material to Escape Cellular. After Posting your User Material, you continue to retain all of the same ownership rights you had prior to Posting. By Posting your User Material, you grant Escape Cellular a limited license to use, display, reproduce, distribute, modify, delete, add to, prepare derivative works of, publicly perform, and publish such User Material through the Services and on other platforms and services worldwide, including on or through any Access Point, in perpetuity, in any media formats and any media channels now known or hereinafter created. The license you grant to Escape Cellular is non-exclusive meaning you are not prohibited by us from licensing your User Material to anyone else in addition to Escape Cellular , fully-paid, royalty-free meaning that Escape Cellular is not required to pay you for the use of your User Material , and sub licensable so that Escape Cellular is able to use its affiliates, subcontractors, and other partners, such as internet content delivery networks, to provide the Services . By Posting your User Material, you also hereby grant each user of the Services a non-exclusive, limited license to access your User Material, and to use, display, reproduce, distribute, and perform such User Material as permitted through the functionality of the Services and under these Terms.
7.2 Third Party Posts. Despite these restrictions, please be aware that some material provided by users may be objectionable, unlawful, inaccurate, or inappropriate. Escape Cellular does not endorse any User Material, and User Material that is Posted does not reflect the opinions or policies of Escape Cellular. We reserve the right, but have no obligation, to monitor User Material and to restrict or remove User Material that we determine, in our sole discretion, is inappropriate or for any other business reasons, as permitted by law. In no event does Escape Cellular assume any responsibility or liability whatsoever for any User Material, and you agree to waive any legal or equitable rights or remedies you may have against Escape Cellular with respect to such User Material. You can help us tremendously by notifying us of any inappropriate User Material you find by emailing us subject line: Inappropriate User Material.
8. Linked Destinations and Advertising
9. TrademarksEscape Cellular, the Escape Cellular logo, and other Escape Cellular marks, graphics, logos, scripts, and sounds are trademarks of Escape Cellular. None of the Escape Cellular trademarks may be copied, downloaded, or otherwise exploited.
10. Unsolicited SubmissionsIt is Escape Cellular s policy not to accept unsolicited submissions, including scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas, or concepts. Escape Cellular s policy is to delete any such submission without reading it. Therefore, any similarity between an unsolicited submission and any elements in any Escape Cellular creative work, including a film, series, story, title, or concept would be purely coincidental.11. Disclaimer of Warranties, Limitation of Liability and IndemnityWHILE WE DO OUR BEST TO PROVIDE THE OPTIMAL PERFORMANCE OF THESERVICES, YOU AGREE THAT USE OF THE SERVICE S IS AT YOUR OWN RISK. THESERVICES, INCLUDING THE Escape Cellular SITE, THE CONTENT, THE VIDEO PLAYER,THE FEATURES, USER MATERIAL, AND ANY OTHER MATERIALS CONTAINED ON ORPROVIDED THROUGH ANY ACCESS POINT, ARE PROVIDED AS IS AND, TO THEFULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OFANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, EscapeCellular DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULARPURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY,COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE.IN NO EVENT SHALL Escape Cellular OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES,AGENTS, AND SUPPLIERS INCLUDING DISTRIBUTORS AND CONTENTPROGRAMMERS COLLECTIVELY, THE Escape Cellular PARTIES, BE LIABLE FOR ANYDIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHERDAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATEDTO THE USE OF THE SERVICES INCLUDING ANY INFORMATION, PRODUCTS, ORSERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH ANY ACCESSPOINT, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERTHEORY, EVEN IF THE Escape Cellular PARTIES HAVE BEEN ADVISED OF THEPOSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ONIMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IFTHESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS,EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. NOTHING IN THESE TERMSSHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES ANDCAUSES OF ACTION WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE OROTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING ORPARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE SERVICES OR $50 WHICHEVER IS LESS. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESSTHE Escape Cellular PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS,DAMAGES, EXPENSES INCLUDING REASONABLE ATTORNEYS FEES AND COSTSAND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH ORALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE SERVICES INCLUDINGYOUR USE OF THE CONTENT. Escape Cellular RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
12. Notice and Procedure for Claims of Copyright InfringementIf you believe that any Content, User Material, or other material provided through the Services, including through a link, infringes your copyright, you should notify Escape Cellular of your infringement claim in accordance with the procedure set forth below. We will process each notice of alleged infringement that Escape Cellular receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be sent to us via mail to: Escape Cellular TV – Attention: Copyright Agent 7026 Stearns RD, Olmsted TWP, OH 44138-1133 To be effective, the notification must be in writing and contain the following information: i an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest; ii a description of the copyrighted work that you claim has been infringed; iii a description of where the material that you claim is infringing is located on the Services that is reasonably sufficient to enable Escape Cellular to identify and locate the material; iv how Escape Cellular can contact you, such as your address, telephone number, and email address; v a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and vi a statement by you that the above information in your notice is accurate, under penalty of perjury that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material.Escape Cellular has a policy of terminating repeat infringers in appropriate circumstances.
15. General Information
15.1 Choice of Law and Forum. These Terms are governed by, and construed in accordance with, the laws of the State of Ohio without giving effect to principles of conflicts of law. To the extent that the arbitration provision outlined in Section 13 is not applicable e.g., when confirming an arbitration award you and Escape Cellular agree to submit to the exclusive jurisdiction of the courts located in Olmsted, OH.
15.2 No Waiver/Reliance. If you see other parties violating these Terms, we would appreciate it if you would let us know subject line: TOU Violation. Precisely how Escape Cellular response to a party that is violating these Terms will be determined after carefully analyzing all of the facts and circumstances of a particular case. You may not rely upon Escape Cellular s precise response with respect to one party or one situation as any indication of what Escape Cellular might do with respect to another party or another situation, even if the parties or situations appear to you to be similar. Similarly, if we fail to act in response to a violation of these Terms, you should not assume that we do not object to the violation or even that we are aware of it. In addition, you may not construe a waiver of any provision of these Terms with respect to any party as a waiver of that provision or any other provision with respect to either that party or any other party. Further, Escape Cellular s decision to delay exercising or enforcing any right or remedy under these Terms shall not constitute a waiver of such right or remedy. Even if Escape Cellular acts in a way that appears to you to be inconsistent with these Terms, Escape Cellular s action shall not be deemed a waiver or constructive amendment of these Terms.
16. Data Usage Levels
Unlimited Data: For use in the United States, Puerto Rico and the U.S. Virgin Islands (Domestic Coverage Area or DCA). Off-net (roaming) data may be at 2G speed.
Data Restrictions: Unlimited Smart – After 12GB, all data usage is slowed to a max of 128 Kbps (2G speeds) for the rest of the bill cycle. VIDEO STREAMING: Plan is not eligible for Stream Saver. For content that can be identified as video, wireless streaming speed will be slowed to Standard Definition quality (about 480p). TETHERING/MOBILE HOTSPOT: Tethering/mobile hotspot use is prohibited.
Data Restrictions: Unlimited Savvy – After 22GB, all data usage is slowed to a max of 128 Kbps (2G speeds) for the rest of the bill cycle. VIDEO STREAMING: Plan includes Stream Saver feature, which allows streaming of higher definition video at a max of 1.5 Mbps, in Standard Definition quality (about 480p) on compatible devices. TETHERING/MOBILE HOTSPOT: Tethering/mobile hotspot use is prohibited.
Data Restrictions: Unlimited Great – After 22 GB, mobile hotspot speed slowed to max of 3 Mbps up to a maximum usage of 50GB at which mobile hotspot speed will reduce to 128Kbps for the rest of the bill cycle. After this, tethering data usage, including sponsored data, will be impacted and not fully functional. VIDEO STREAMING: Plan includes Stream Saver feature, which allows streaming of higher definition video at a max of 1.5 Mbps, in Standard Definition quality (about 480p) on compatible devices. TETHERING/MOBILE HOTSPOT: Requires compatible device. After 22 GB, mobile hotspot speed slowed to max of 3 Mbps up to a maximum usage of 50GB at which mobile hotspot speed will reduce to 128Kbps for the rest of the bill cycle. After this, tethering data usage, including sponsored data, will be impacted and not fully functional.
Unlimited Talk, Unlimited Talk to Canada and Mexico & Calls to Other Countries: Service includes unlimited calls within the DCA & International Long Distance (ILD) calling from within the DCA to Mexico and Canada. Unlimited Text: Standard Messaging: Includes unlimited messages up to 1MB in size within DCA to more than 190 countries for text messages and 120 countries for picture and video messages. Escape may add, change, and remove included countries at its discretion without notice. Messages sent through applications may incur data or other charges. Advanced Messaging: Sender and recipient(s) must be Escape postpaid wireless customers with HD Voice accounts, capable Smartphones, have their Smartphones turned on and be within the DCA (excludes third-party coverage). Service includes unlimited messages up to 10MB in size. Other restrictions apply.
Call Protect Basic: Provides network-based and application-based features that help manage unwanted calls. Call Protect Basic (a) automatically blocks calls determined to be spam/nuisance, fraud/scam, or neither/neutral using data analytics and network monitoring, as well as reports from customers, and (b) provides suspected spam alerts. Escape will automatically activate the feature.
Roam North America Features: Allows plan data, talk & text usage with no roaming charges in and to Mexico/Canada. DATA: Allows domestic plan data usage in Mexico/Canada. Off-net (roaming) data may be at 2G speed. TALK: Includes calls within Mexico/Canada and from Mexico/Canada to the U.S., Puerto Rico, and U.S. Virgin Islands (collectively with Mexico & Canada, the North America Coverage Area or NACA). Calls to Other Countries: International long-distance pay-per use rates apply to calls from Mexico or Canada to countries outside NACA unless an ILD service package is in place. Rates subject to change without notice. TEXT: Standard Messaging –Includes unlimited messages up to 1MB in size within & from Mexico/Canada to more than 190 countries for text messages and 120 countries for picture and video messages. Escape may add, change, & remove included countries at its discretion without notice. Messages sent through applications may incur data or other charges. Advanced Messaging –not available for use in Mexico or Canada. Restrictions: Service not available on select mobile hotspot devices.
Other Monthly Charges: Apply per line and may include taxes, federal/state universal service charges, a Regulatory Cost Recovery Charge (up to $1.65), a gross receipts surcharge, an Administrative Fee, and other governmental assessments (including w/out limitation a Property Tax Allotment surcharge of $0.22 – $0.50 applied per CRU’s assigned number), which are not government-required charges. Pricing, fees, promotions, options, restrictions and terms subject to change and may be modified, discontinued or terminated at any time without notice.
Rate Plan Changes: Rate plan upgrades on Escape’s Unlimited plan tiers can take effect the date of the rate plan change, or at the beginning of the next bill cycle. All upgrades made during the bill cycle must go to the Great tier. Backdated rate plan changes or plan tier downgrades are prohibited on these plans and will be charged at the higher rate.
Rate plan changes to a Escape Unlimited plan from a product on a different rate card during a billing cycle are prohibited and will be re-rated to the original plan including any overage. If a customer wants to change to an Unlimited plan from a different rate card, these changes should be made effective on the first day of the next bill cycle
Excessive Usage: Plans are designed for use with a smartphone and not intended to support tablets, hot spots, routers, or other data only devices. On plans that support tethering, the tethering must originate from a smartphone. Line must be activated with the IMEI of the device that will be in use. Removing a SIM from the device that was activated and placing it in an ineligible device is prohibited and may lead to the line being disconnected. Data speeds will slow when the threshold has been met, however if a plan change is made during a bill cycle the threshold may be reset resulting in more data usage than defined by the plan. It is encouraged that plan changes are made at the beginning of the next bill cycle to avoid excessive usage above the tier threshold. Lines will be considered to have excessive usage if the data usage exceeds two consecutive months of 15GB on the Smart tier, 30GB on the Savvy tier, and 50GB on the Great tier. Escape may provide excessive usage notification after any billing period; Subscriber will have the following billing period to take action upon receipt of the notification. Failure to take action could result in the data being blocked; or the line disconnected and loss of future access to Escape Cellulars Unlimited plans.