Terms of Service
Welcome to GoChip! We are a mobile entertainment products and service company that provides our members with access to motion pictures, television and other audio-visual entertainment (“GoChip content”) accessed over the companies GoChip media products and content serving mobiles devices including Apple iOS devices, Android devices, computers, connected TV’s and other devices (“GoChip ready devices”).
You agree to the Arbitration Agreement and class action waiver described in Section 15 to resolve any disputes with GoChip (except for matters that may be taken to small claims court).
- The GoChip service is provided by GoChip Inc.
- Privacy: Personally identifying information is subject to our Privacy Statement, the terms of which are incorporated herein. Please review our Privacy Statement to understand our practices.
- Communication Preferences. By using the GoChip service, you consent to receiving electronic communications from GoChip relating to your account. These communications may involve sending emails to your email address provided during registration, or posting communications on the GoChip service, or in the “Your Account” page and will include notices about your account (e.g., payment authorizations, change in password or Payment Method, confirmation e-mails and other transactional information) and are part of your relationship with GoChip. You agree that any notices, agreements, disclosures 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 receive certain other communications from us, such as newsletters about new GoChip features and content, special offers, promotional announcements and customer surveys via email or other methods. Please review our Privacy Statement (www.GoChip.com/Privacy) for further detail on our marketing communications.
- Membership, Free Trials, Billing and Cancellation
- Ongoing Membership: Your GoChip membership, which may start with a free trial, will continue 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 Method”) to use the GoChip service.
- Billing: By starting your GoChip account and providing or designating a Payment Method, you authorize us to charge you for any charges you may incur in connection with your use of the GoChip service, such as taxes or possible transaction fees, to your Payment Method. You acknowledge that you authorize us to charge your Payment Method for such amounts, which may be billed in one or more charges.
- No Refunds: PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS. 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 credits in the future, under any circumstance.
- Payment Methods: You may edit your Payment Method information by visiting our website and clicking on the “Your Account” link, available at the top of the pages of the GoChip website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
- Cancellation: You may cancel your GoChip account at any time, and you will continue to have access to the GoChip service. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY UNWATCHED GOCHIP CONTENT. To cancel, go to the “Your Account” page on our website and follow the instructions for cancellation. If you cancel your account, your account will automatically close at the end of your current billing period.
- GoChip Service
- The GoChip service and any content viewed through our service are for your personal and non-commercial use only. During your GoChip membership, we grant you a limited, non-exclusive, non-transferable, license to access the GoChip service and view GoChip content through the service. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.
- THE NUMBER OF DEVICES ON WHICH YOU MAY SIMULTANEOUSLY WATCH IS LIMITED. Go to the change plan information in the “Your Account” page to see the number of devices on which you may simultaneously watch. The number of devices available for use and the simultaneous streams may change from time to time at our discretion.
- We continually update the GoChip 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 GoChip content, 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.
- Some GoChip content is available for temporary download and offline viewing on certain supported devices (“Offline Titles”). Limitations apply, including restrictions on the number of Offline Titles per account, the maximum number of devices that can contain Offline Titles, the time period within which you will need to begin viewing Offline Titles and how long the Offline Titles will remain accessible. Some Offline Titles may not be playable in certain countries and if you go online in a country where you would not be able to stream that Offline Title, the Offline Title will not be playable while you are in that country.
- The availability of GoChip content to watch will change from time to time, and from country to country. The quality of the display of the GoChip content may vary from 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. HD, Ultra HD and HDR availability is subject to your Internet service and device capabilities. Not all content is available in all formats, such as HD, Ultra HD or HDR and not all plans allow you to receive content in all formats. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. GoChip makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching GoChip content show will vary based on a number of factors, including the GoChip content you have selected and the configuration of your GoChip ready device.
- GoChip software is developed by, or for, GoChip and is designed to enable streaming and viewing of content from GoChip through GoChip 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 RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE GOCHIP 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 GoChip service. If your GoChip ready device is sold, lost or stolen, please deactivate the GoChip ready device. If you fail to log out or deactivate your device, subsequent users may access the GoChip service through your account and may be able to access certain of your account information. To deactivate a device, follow instructions on the “Your Account” page of our website (www.GoChip.com/store/account).
- Users may limit the maturity level of GoChip content viewable by other household members (e.g. available for their children) with our Parental Control feature, which may be accessible from the “Your Account” page on the GoChip website.
- Passwords & Account Access
- The member who created the GoChip account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over the GoChip 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 GoChip Customer Service and potentially altering the Account Owner’s control, the Account Owner should not reveal the Payment Method details (e.g., last four digits of their credit or debit card, or their email address if they use PayPal) 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.
- In order to provide you with ease of access to your account and to help administer the GoChip service, GoChip 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 GoChip service, which includes accessing via GoChip ready devices or website.
- 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 GoChip website and not through a hyperlink in an email or any other electronic communication, even if it looks official. GoChip 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. GoChip is not obligated to credit or discount a membership for holds placed on the account by either a representative of GoChip or by the automated processes of GoChip.
- Disclaimers of Warranties and Limitations on Liability
- THE GOCHIP SERVICE AND ALL CONTENT, HARDWARE AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE GOCHIP SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. GOCHIP DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE GOCHIP SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. GOCHIP SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, GOCHIP READY DEVICES, AND GOCHIP SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).
- TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL GOCHIP, 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.
- 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.
- Gifts & Promotions: Gift cards for the GoChip service may be available for purchase at third-party retail outlets and websites, which can be redeemed on our website at www.GoChip.com/store/redeem. From time to time, other types of promotional codes may be available, including those provided as part of a third party promotion. Promotional codes may be redeemed as described in the specifics of the promotion. Gift cards and promotional codes can only be used once, cannot be redeemed for cash, and may be combined with other offers, including a free trial, subject to certain restrictions as determined by GoChip in its sole discretion. If you received a promotional code through an offer by a third party, additional conditions may apply.
- Intellectual Property
- Copyright. The GoChip service, including all content provided on the GoChip service, is protected by copyright, trade secret or other intellectual property laws and treaties.
- Trademarks. GoChip is a registered trademark of GoChip Inc.
- Patents. GoChip has patents that apply to our service.
- Applications: You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) (“Application(s)”) that interact with the GoChip service. These Applications may import data related to your GoChip account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and GoChip is not responsible for such Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO WITH OR SPONSORED BY GOCHIP AND MAY NOT BE AUTHORIZED FOR USE WITH OUR SERVICE IN ALL COUNTRIES. USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK.
- Use of Information Submitted: GoChip 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 GoChip service, including the GoChip website and user interfaces, worldwide and in perpetuity 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 GoChip 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 GoChip does not accept unsolicited materials or ideas for GoChip content, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to GoChip. 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 GoChip 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.
- Abitration Agreement
- If you elect to seek arbitration or file a small claim court action, you must first send to GoChip, by certified mail, a written Notice of your claim (“Notice”). The Notice to GoChip must be addressed to: General Counsel, GoChip Inc., 275 Airpark Boulevard, Suite 100, Chico, CA 95973 USA (“Notice Address”). If GoChip initiates arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by GoChip, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If GoChip and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or GoChip may commence an arbitration proceeding or file a claim in small claims court.
- You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you are required to pay a filing fee, after GoChip receives notice at the Notice Address that you have commenced arbitration, GoChip will reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000, in which event you will be responsible for filing fees.
- The arbitration will be governed by the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless GoChip and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence.
- If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of GoChip’s last written settlement offer made before an arbitrator was selected (or if GoChip did not make a settlement offer before an arbitrator was selected), then GoChip will pay you the amount of the award or US$5,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
- YOU AND GOCHIP 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 GoChip agree otherwise, the arbitrator 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 arbitrator 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.
Last Updated March 29, 2017