WHO WE ARE
We are Newyonder LLC, a company incorporated and registered in California. Our registered office is at 8605 Santa Monica Boulevard, West Hollywood, CA 90069 (Newyonder, we, our, us).
We are producers and distributors of original film and TV programming (the Newyonder Content) which is made available to registered users for streaming via our platform located at https://www.newyonder.tv (the Platform) and via certain internet-connected “smart” TVs, mobile and tablet apps (together the Apps).
We donate a portion of our revenues arising from the Newyonder Content towards regeneration and sustainability projects
THESE TERMS
These terms and conditions (together with the documents referred to in them) (the Terms) govern your relationship with us when you access the Platform and, if applicable, access the Newyonder Content via the Platform and/or via the Apps.
In these Terms:
Where we want to refer to the Platform and the Apps together, we will say the Services.
Otherwise, we will refer to things using their individual defined terms.
Please refer carefully to these Terms before you start to use any of the Services. We recommend that you print a copy of these Terms for future reference. By using any of the Services and, if applicable, by accessing the Newyonder Content, you will be deemed to have understood and accepted these Terms, which form a binding agreement between you and us.
OTHER APPLICABLE TERMS AND POLICIES
If you use any third party Apps to access the Newyonder Content, you will be subject to the terms and conditions of the relevant third party.
Please refer to our Privacy Policy and Cookie Notice, which set out information about how we process personal data we collect from you or that you provide to us, and the use of cookies on the Platform.
CHANGES TO THESE TERMS
We may amend these Terms from time to time for various reasons including to ensure that we remain compliant with relevant laws and regulations and/or to keep up to date with changes we may make to the services we offer and/or our business practices.
Please check this page from time to time to take notice of any changes we have made. If we make any material changes to these Terms, we will notify you reasonably in advance by posting a notification via the Platform or by some other means e.g., by emailing you. By continuing to use any of the Services after changes are made (and, if material, notified to you), you are accepting those changes and will be bound by them.
REGISTRATION AND ACCESS
The Newyonder Content is available only to users who register and set up an account and pay for access. To register, you will need to complete a simple registration process by providing some personal information. You will also need to choose a username and password for use in connection with your account. You can only register via the Platform itself, but once successfully registered you can login to your account via the Platform as well as via your chosen App (if applicable).
You agree that you will provide truthful and accurate information when registering for an account. The decision to register a password is in our discretion. You are responsible for ensuring that the information we hold about you is up to date. Please update your details as appropriate from time to time or email support@newyonder.earth to notify us of any changes.
You are responsible for maintaining the confidentiality of your password and account information, and you are responsible for all activities that occur under your password and for any access to or use of the Services by you or any person or entity using your password, whether or not such access or use has been authorised by you (unless such access was caused by our negligence).
You must immediately notify us of any unauthorised use of your password or account or any other breach of security relating to the Services. We will not be liable for any loss or damage whatsoever resulting from the disclosure of your username and/or password contrary to these Terms.
The list of Apps via which the Newyonder Content may be accessed from time to time will be as displayed on the relevant page(s) of the Platform.
You may access the Newyonder Content only in countries where we offer such access. You may not attempt to access the Newyonder Content from any other country, including by the use of VPN or other similar technologies. The Platform and/or the Newyonder Content may vary by geographic location and may change from time to time. Some Content may not be available through the current plan you are subscribed to or have purchased.
Access limitations such as (but not necessarily limited to) the number of devices via which you may access the Newyonder Content will depend on your chosen access plan (see the section below) and will be set out on the relevant page(s) of the Platform.
PRICING, PAYMENT, ACCESS PLANS
Access to the Newyonder Content is provided on a pay-per-view rental basis and on a subscription basis – these types of access are described further below. Prices for the various types of access will appear on the relevant page(s) of the Platform.
Pay-per-view rental access: If you access the Newyonder Content on a pay-per-view rental basis (PPV Access), payment for that PPV Access must be made in advance, in full. The number of times that you will be permitted to view the Newyonder Content, and the period during which access to the Newyonder Content is permitted, will in each case depend on the price paid and the type of PPV Access you have purchased. Details and prices will be stated on the relevant page(s) of the Platform. You will only be able to view the Newyonder Content within the relevant access period window. If you do not view the Newyonder Content within the relevant access period window, you will not be entitled to a refund.
Subscription access: If you are accessing Newyonder Content on a subscription basis (Subscription Access), your subscription fee will be charged to your selected payment method until you cancel. The subscription fee, the length of your subscription, and payment cycle will in each case depend on the type of Subscription Access that you select. Details and prices will be stated on the relevant page(s) of the Platform.
Accepted forms of payment will be displayed on the relevant page(s) of the Platform. Card payments will be processed via Stripe, who will also store your payment information. By paying using your chosen method you confirm that you are authorised to use such method and that there are sufficient funds or credit available to cover the relevant fees. We do not offer refunds or credits for canceling your subscription.
You can only make payments and sign up for Subscription Access and/or PPV Access via the Platform (not via the Apps).
We may change our access plans and prices from time to time. If your Subscription Access is going to be affected by a price change, you will be notified at least 30 days in advance and (as noted further below) you can cancel your Subscription Access at any time (including before any price change comes into effect).
PROMOTIONAL OFFERS & SUBSCRIPTION GIFT CARDS
From time to time, we may offer special promotional offers, plans or memberships (Offers). Offer eligibility requirements and other limitations, terms and conditions relating to Offers will be displayed on the relevant page(s) of the Platform.
Offers may include free trial periods which automatically roll into paid Subscription Access at the end of the free period. Unless otherwise stated in the specific terms of the Offer, you will be able to cancel your free trial at any time during the free trial period. If you do not cancel during the free trial period, your paid Subscription Access will begin and will continue (and you will be charged) until you cancel the Subscription Access as described further below.
Subscription Gift Cards: When redeeming your subscription gift card, you will be required to create an account and enter your bank details during the checkout process, whereupon your subscription will be automatically renewed, once the Subscription Gift Card's timeframe and access plan has been honoured. You can cancel your subscription at any time.
THE APPS
The Apps enable users to access the Newyonder Content via their mobile/tablet devices and/or smart TVs. The current list of Apps via which the Newyonder Content may be accessed will be displayed on the relevant page(s) of the Platform.
Please note that not all of the functions of the Platform will be available via the Apps (for example, users cannot register for an account or make payments via the Apps) but users will be able to view Newyonder Content via the Apps on the basis of whatever access plan they have selected and paid for via the Platform.
The availability of the Apps and Service may be country dependent and, as such, services may not be available in some countries. The content available may change at any time without notice.
As noted above, in addition to these Terms, your use of the Apps will be subject to any terms and conditions of the relevant third party who provides the applicable App(s). We have no knowledge of or control over these third party terms and you accept them at your own risk.
ACCEPTABLE USE RESTRICTIONS
You may use/access the Services and the Newyonder Content for lawful and permitted purposes only. In particular, but without limitation, you agree not to (and not to attempt to):
use the Services or the Newyonder Content in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
use the Services or the Newyonder Content in any way that is defamatory, threatening, abusive, pornographic, or otherwise objectionable, or which advocates bigotry, hatred, or illegal discrimination;
use, share, or otherwise exploit the Services or the Newyonder Content for any commercial, business, or monetised purpose whatsoever unless expressly authorised by us in advance in writing;
reproduce, duplicate, copy, share, or re-sell any part of the Services or the Newyonder Content in contravention of these Terms;
use the Services or the Newyonder Content in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of Services or the Newyonder Content; or
access without authority, interfere with, damage or disrupt (a) any part of the Services or the Newyonder Content; (b) any equipment or network on which the Services or the Newyonder Content are stored; (c) any software used in the provision of the Services or the Newyonder Content; or (d) any equipment, network or software owned or used by any third party,
(together the Acceptable Use Restrictions).
INTELLECTUAL PROPERTY RIGHTS
The Platform and all materials published on, in, or via the Platform (including but not limited to the Newyonder Content and all other text, graphics, photos, logos, button icons, images, trademarks, audio and audio visual content, music and other sounds, databases, data compilations, and data (together the Platform Content) is owned and controlled by or licensed to us. You have no rights in, or to, the Platform Content other than the right to access the Platform Content strictly in accordance with these Terms and your access plan. You may not copy, adapt, display, share, communicate to the public or otherwise use any Platform Content except as enabled and permitted by these Terms from time to time.
ENDING YOUR RIGHTS UNDER THESE TERMS
We may end your rights under these Terms immediately and without notice if (a) you have breached any of the Acceptable Use Restrictions or our (or our licensors’) intellectual property rights; (b) we believe in our reasonable judgment that your use of the Services or the Newyonder Content is unsuitable in any way; or (c) you are otherwise in breach of these Terms.
If we end your rights under these Terms, you must immediately stop all activities authorised by these Terms, including your access to the Services and the Newyonder Content, and we may permanently ban you from the Services.
CANCELLATION
Statutory right to cancel: Consumers in the UK and EU have a legal right (in certain circumstances) to change their mind about an online purchase within 14 days of making payment and to receive a refund. This 14 day period is sometimes called the Cooling-off Period. However, if you are a consumer in these territories and (a) your PPV Access or Subscription Access begins within the Cooling-off Period (e.g., immediately upon subscription/purchase), and (b) you consented to this and acknowledged when subscribing/purchasing that you would lose your right to cancel in these circumstances, you will not have the right to change your mind. This doesn’t affect your right to cancel Subscription Access as described in the paragraph below.
Cancellation of Subscription Access: If you have Subscription Access, you can cancel at any time. Once you cancel, your Subscription Access will continue until the end of your current billing period. We do not provide refunds or credits for any partial subscription periods or unwatched Newyonder Content. To cancel, please visit your ‘My Account’ section at https://www.newyonder.tv , select 'Purchases and Payments' and select the 'Cancel My Subscription' button.
Cancellation of PPV Access: PPV Access is non-cancellable.
UPDATES TO THE APPS
From time to time updates to the Apps may be issued through the relevant third parties. Depending on the update, you may not be able to use the Apps until you have downloaded or updated to the latest version and accepted any new terms.
WEBSITES WE LINK TO
Content may sometimes refer to brands products or companies. Likewise, The Services may offer links to other websites from which third party products and services can be obtained and which we or the relevant App provider reasonably believe/s to be reputable sources of such products and services. However, you acknowledge that these other websites, brands and products are independent from us and we make no representations or warranties as to the legitimacy, accuracy or quality of such third party products and services, and we do not accept any responsibility for their content, safety, practices or privacy policies.
COMPUTER VIRUSES
To the extent within our reasonable control, we will use reasonable endeavours to ensure that no part of the Services or Newyonder Content will contain or spread any viruses or other malicious code. However, we strongly recommend that you ensure that equipment used to access the Services and Newyonder Content run up-to-date anti-virus software as a precaution, and you are advised to virus-check any materials accessed via the Services and regularly check for the presence of viruses and other malicious code.
NO RELIANCE ON INFORMATION
All information published on or via the Services is provided for general information purposes only. We make no warranties about the completeness, reliability, or accuracy of such information. Any action you take based on such information is taken at your own risk.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We do not exclude or limit our liability to you where it would be unlawful to do so. 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 misrepresentation, or for breach of your statutory rights as a consumer.
If any aspect of the Services damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you appropriate compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow download, installation, or usage instructions or to have in place the minimum system requirements and anti-virus software advised by us.
Except as set out in the paragraphs above in this section, you accept and agree that we will not be liable for any harmful effect that accessing the Services or the Newyonder Content may have on you, and you agree that you access the Services and the Newyonder Content at your own risk.
The Services and the Newyonder Content are provided for domestic and private use only. You may not use Services or the Newyonder Content for any commercial or business purposes.
We are not responsible for the acts or omissions of any third party, including any third party provider of the Apps.
AVAILABILITY OF THE SERVICES
The Services and the Newyonder Content are provided on an "as is" basis. We make no express representations, warranties, or guarantees of any kind regarding the availability, quality, or operation of the Services or the Newyonder Content, or that the Services or the Newyonder Content will be secure, uninterrupted, or free of defects.
Your access to the Services (and therefore to the Newyonder Content) may be suspended or restricted occasionally to allow for maintenance, repairs, upgrades, or the introduction of new functions or services. We will not be liable to you if for any reason the Services or the Newyonder Content are unavailable at any time or for any period.
Geographic Viability: Due to technical and other restrictions imposed by content providers, the Service and Titles are sometimes available only in certain locations. The Digital Content (including subtitled and dubbed audio versions of Digital Content) and how we offer Digital Content to you will vary over time and by location. Newyonder will use technologies to verify your geographic location. You may not use any technology or technique to obscure or disguise your location.
CONTENT QUALITY, LANGUAGE, AGE RATINGS
The Newyonder Content is provided in high quality but the display quality that you are able to receive may vary from device to device and may be affected by factors such as your location, internet service, device capabilities, internet speed, and/or the App you’re using (as applicable).
The Newyonder Content is provided in the English language unless stated otherwise on the Platform. Should there be any discrepancy between the foreign language and original English language version of this Platform, then the latter will prevail.
The Newyonder Originals Content is age-rated by the BBFC in the UK. Ratings will be displayed on the relevant page(s) of the Platform. Ratings are intended to help viewers choose what’s appropriate for them and what’s not – viewer discretion is advised.
Explicit Content: By using the Service, you may encounter content that may be offensive, indecent or objectionable; this content may or may not be identified as having explicit language or other attributes. Nevertheless, you agree to use the Service at your sole risk, and Newyonder has no liability to you for any content. Content types, genres, categories, and descriptions are provided for convenience, and Newyonder does not guarantee their accuracy.
PHOTOSENSITIVITY
A very small number of people may experience seizures when exposed to certain types of visual images, such as flashing lights or patterns. If you experience any such symptoms when accessing the Newyonder Content, you should immediately stop viewing and seek medical assistance.
GETTING IN TOUCH WITH US
If you wish to contact us for any reason, you can do so by contacting us by email at support@newyonder.tv.
OTHER IMPORTANT TERMS
We may transfer our rights and obligations under these Terms to another organisation, but this will not negatively affect your rights or our obligations under these Terms.
If we do not enforce our rights against you, or if we delay in doing so, that does not mean that we have waived our rights against you, and it does not mean that you are relieved of your obligations under these Terms. If we do waive a breach by you, we will only do so in writing, and that will not mean that we will automatically waive any later breach by you.
Each of the terms and conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining terms and conditions will remain in full force and effect.
These Terms are governed by California law and the courts of California have non-exclusive jurisdiction, provided that such choice of law and jurisdiction will not deprive you of any mandatory consumer protections in your country of residence (if different).