Terms of Sale
last updated on 03/31/2020
Terms of Sale
Certain products, services, and content may from time to time be made available to you (“you” or “User”) by Elektricity, LLC or their affiliates (referred to herein as “us”, “we” or “Elektricity”) in connection with Elektricity’s websites, software applications, or other services offered by Elektricity (“Elektricity Service”). By purchasing products, services, or content, including any purchases made as a gift to another user, through the Elektricity Service that link to this Terms of Sale (“Ancillary Products and Services”), you signify that you have read, understand, and agree to be bound by the Terms of Sale in effect at the time of purchase (“Terms of Sale”). Your purchases of Ancillary Products and Services and your use of Elektricity Service are also governed by the Elektricity Terms of Service (“Terms of Service”), which are incorporated herein by reference.
These Terms of Sale are subject to change without prior written notice, in Elektricity’s sole discretion. If Elektricity changes these Terms of Sale, and we provide notice, we may do so by sending an email, posting a notice on the Elektricity Service or updating the “Last Updated” date above. Please check these Terms of Sale periodically for those changes. Any modified terms will apply to any purchase made after such changes are posted on the Elektricity Service. Therefore, you should review these Terms of Sale prior to each purchase so you will understand the terms applicable to such transaction. If you do not agree to these Terms of Sale, do not make any purchases on the Elektricity Service.
PLEASE READ THESE TERMS OF SALE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Purchase Qualifications; Account Security
To make a purchase on the Elektricity Service, you must be a registered Elektricity Service user and comply with these Terms of Sale (including the Terms of Service). You acknowledge that you are responsible for maintaining the security of, and restricting access to, your account and password, and you agree to accept responsibility for all purchases and other activities that occur under your account. Elektricity sells its Ancillary Products and Services only to those users who can legally make purchases with a credit card. If you are between the ages of 13 and 18 (or the legal age of majority in your state of residence), you may make purchases on the Elektricity Service only with the permission of a parent or guardian. Elektricity reserves the right to refuse or cancel orders or terminate accounts, at any time in its sole discretion.
Subscription Service Terms
Elektricity may offer certain Ancillary Products and Services in connection with the Elektricity Service on a subscription basis with recurring payments (“Subscription Services”). Subscription Services may renew automatically, with payment due prior to each renewal. You agree to pay your subscription fee in advance of receiving any such Subscription Service. Elektricity reserves the right to discontinue or modify any subscription fee payment option. If we discontinue or modify a subscription payment option, we will provide notice of such discontinuance or modification. If you are signing up under any promotional subscription fee, some additional restrictions may apply. These restrictions, if any, will be provided to you before you sign up for the applicable Subscription Service that is subject to the promotion.
You are responsible for all charges incurred under your account. Elektricity reserves the right to deactivate Subscription Services to your account if payment is past due, regardless of the dollar amount.
Subscription Service – Automatic Payments
If you choose a Subscription Service (including any pre-paid subscription option, gift subscriptions, or channel subscriptions that revert to a monthly payment plan at the expiration of the pre-paid period), you hereby grant Elektricity permission to automatically charge the subscription fee to your chosen payment method at the beginning of each applicable payment period until you cancel the Subscription Service. Your access, or the gift recipient’s access, to the Subscription Services will not be established until Elektricity has verified that the credit card or other payment information you provide Elektricity for payment is accurate and that your payment method account is in good standing.
You further agree that Elektricity may charge any other applicable fees for the Elektricity Service or Ancillary Products and Services, if disclosed to you in connection with your purchase, to your payment method, including any early termination fee.
You are required to keep your billing information current, complete, and accurate (for example, if you move, be sure to update your billing address, if you get a new credit/debit card, make sure you update the card number and/or expiration date) and notify Elektricity if your selected payment method is cancelled (e.g., for loss or theft).
Elektricity reserves the right to suspend or terminate your access to any Subscription Service that is a part of the Elektricity Service without notice upon rejection of any charges or if your payment method (or its agent or affiliate) seeks return of payments previously made to Elektricity when Elektricity believes you are liable for the charges.
Cancellation of Subscription Services
You may cancel your Subscription Service at any time by selecting the “Do Not Renew” option under your subscription settings in the relevant Elektricity Service.
Your cancellation is effective at the end of the current payment period.
Credits, Tokens, and Rewards
The Ancillary Products and Services that Elektricity may offer, on a promotional basis or for purchase, may include Credits (“Credits”), which are digital content (i.e., digital money) that allow users to celebrate moments and express appreciation for specific broadcasters using the tipping feature (“Tipping”) on the Elektricity Service. Users may also use Credits in Extensions (as defined below) to obtain or experience other digital items or enhancements. The Ancillary Products and Services may also include:
- Certain rewards or benefits (“Rewards”) provided to Users of Credits.
- Tokens & Credits (“Tokens/Credits”) which are a digital license redeemable on the Elektricity Services for Shows, Subscriptions or Gift Subscriptions. You may get a limited license and right to use Tokens/Credits by purchasing Ancillary Products and Services.
Collectively, Credits, Rewards, and Tokens will be called “Digital Content.”
Your use of Digital Content is subject to Elektricity’s Terms of Service, including the Credits Acceptable Use Policy, which is incorporated herein by reference, all of which may be amended from time to time by Elektricity.
Digital Content has no monetary value (i.e., is not cash or equivalent), and does not constitute currency or property of any type. Digital Content cannot be sold or transferred to third parties, including other Users, and cannot be exchanged for cash or for any other goods or services. Users have no property, proprietary, intellectual property, ownership, or monetary interest in promotional or purchased Digital Content, which remains Elektricity Digital Content subject to the Elektricity Terms of Service. Except as required by applicable law in your jurisdiction, Digital Content is non-refundable. Credits that are used or redeemed for Tipping or Shows, or in Extensions for digital items or experiences, will not be returned. Tokens/Credits that have been used or redeemed will not be returned. You may not purchase, sell, barter, or trade any Digital Content, or offer to purchase, sell, or trade any Digital Content (including for money or any other consideration or items of value whether inside or outside of the Elektricity Service). Elektricity and Users recognize that any such attempted transfer will be null and void.
Although Elektricity may share revenue generated from the sale of Digital Content with the a broadcaster or an Extension developer receiving the Digital Content, subject to the agreement solely between Elektricity and the broadcaster or developer as the case may be, Digital Content is not intended to be used as a means to provide compensation or financial support to the broadcaster or developer, and Elektricity makes no assurances to any User that any broadcaster or developer receiving Digital Content will receive a financial benefit.
Elektricity does not guarantee that Digital Content will be available at all times or at any given time. Elektricity does not guarantee that we will continue to offer Digital Content for any particular length of time. Elektricity may modify Digital Content at our sole discretion, and such modifications may make Digital Content more or less common, desirable, effective, or functional. Elektricity may immediately suspend or terminate Digital Content for any or no reason, in our sole discretion, and without advance notice or liability. Elektricity may increase the number of Credits required to earn Rewards, withdraw any Reward, and restrict any Reward or Reward redemption at any time, even though such changes may affect the utility of Digital Content, or the ability to obtain certain Rewards. Users should not rely upon the continued availability of any Reward or Reward level, category, or tier.
Elektricity reserves the right to change and update our inventory of Digital Content without notice. Elektricity reserves all rights, title, and interest in Digital Content and Digital Content inventories, and all associated copyrights, trademarks, and other intellectual property rights therein. Except as required by applicable law, any unused Digital Content inventory will be forfeited to Elektricity upon termination of your Elektricity account.
Elektricity allows Users to automatically replenish their available Credits by enrolling in a program that automatically adds Credits to their account using a saved payment instrument upon reaching a specified replenishment threshold. By enrolling in such a program, you authorize Elektricity to charge the saved payment instrument provided by the amount specified at enrollment for replenishing your Credits when your account reaches a specified replenishment threshold. Elektricity reserves the right to discontinue or modify (including changing the price of Credit bundles) of such a program at any time. If we do so, we will provide notice of such discontinuance or modification, and unless you cancel your enrollment, the new terms (including a price change) will take effect at the time of your next replenishment.
Elektricity reserves the right to deactivate any User from any Elektricity service for any reason or no reason. Once a User has been deactivated, any Digital Content accumulated by that User will be forfeited and may not be reinstated.
Ancillary Products and Services that Elektricity may offer include certain physical or digital goods offered via the Elektricity Shop program. This program allows broadcasters to sell digital and physical products, through which physical and digital items may be obtained with Credits.
Elektricity does not guarantee that broadcasters will continue to offer any particular physical or digital goods, or that broadcasters will keep particular shops active on their channel pages, for any length of time. Broadcasters may modify the goods made available in their shop, and Elektricity may change its policies for what categories of items may be made available in connection with the Elektricity Shop program. Shops may deprecate or significantly change their products over time. Elektricity does not guarantee any level of availability for shops, which may experience periods of unavailability from time to time. Elektricity may immediately suspend or take down shops that violate our terms and policies in our sole discretion. The foregoing events may occur without advance notice or liability and make the items you have obtained or purchased unavailable or less common, desirable, effective, or functional.
You acknowledge and agree that the price for goods sold through Elektricity Shop or the number of Credits required to obtain digital goods through Elektricity Shop may change at any time without notice, for any reason or for no reason.
Elektricity may subsequently make digital goods that you have obtained or purchased usable on the Elektricity Services only and prohibit use thereof on third-party services or websites.
Your use of any digital goods is subject to the Elektricity Terms of Service.
Except as required by applicable law, any unused digital goods you obtain or purchase will be forfeited to Elektricity upon termination of your Elektricity account. Elektricity reserves the right to deactivate a User from any Elektricity Service for any reason or no reason. Once a User has been deactivated, any such goods accumulated by that User will be forfeited and may not be reinstated.
If digital goods are discontinued for the Elektricity Shop program, you may have an amount of time deemed reasonable by Elektricity in its sole discretion from the date the program termination is announced to use your remaining items. Any purchased or accumulated items remaining in your account at the time of termination will be forfeited and no compensation will be provided.
When you make or receive the gift of a purchase on the Elektricity Service, you have immediate access to, and use of, the Ancillary Products and Services you have purchased. Accordingly, except as detailed in these Terms of Sale, you lose your right to cancel once you have made your purchase, and we do not offer any refunds or credits, including, without limitation, fees for Subscription Services. Elektricity reserves the right to modify this refund policy as set forth below at any time.
Unless otherwise specified in these Terms of Sale or required under the applicable law in your jurisdiction, Tips, Shows, and other digital goods are not returnable after purchase.
If you have problems with a broadcaster or Elektricity Services contact Customer Support.
Payment Method and Terms
We accept major credit cards, certain debit cards, PayPal, and/or such other payment methods we may make available to you from time-to-time through our site, as forms of payment. You are subject to all terms and conditions of the payment method you choose. By submitting an order through the Elektricity Service, you authorize Elektricity, or its designated payment processor, to charge the account you specify for the purchase amount. All payments are to be made in United States Dollars, except where other currencies are offered via the payment methods made available by Elektricity.
PLEASE NOTE: Our payment processing partners may request that you provide certain personal data (e.g., a valid government issued ID, your legal name, address, and date of birth) for the purpose of making payment through its financial institutions and complying with applicable international, national, federal, state, and local laws and regulations. They may also communicate directly with you regarding any issues with a payment.
If a purchase has been declined online due to issues with your payment method, please ensure all data is correct and resubmit. If the transaction is not accepted online, please contact customer support via the email address made available to you in connection with the purchase. For purchases on the http://18.104.22.168.xip.io service, you may contact support.
Elektricity may impose an additional transaction fee based on transactions associated with the Elektricity Service, including a transaction fee applied to purchases from third parties. Such transaction fee will be disclosed to you prior to your consummation of the relevant transaction.
Your purchase and enjoyment of Ancillary Products and Services may be subject to additional third-party legal terms. For example, we may make available end user license agreements of third-party developers and publishers with respect to the sale of digital content and in-app content on the Elektricity Service. You are bound by such third-party legal terms, and we encourage you to read them.
With respect to Ancillary Products and Services you purchase in connection with the Elektricity Service, you acknowledge and agree that upon making such Ancillary Products and Services available to you (or to their intended authorized recipients), Elektricity will have fully satisfied its obligation to deliver or otherwise provide such products, services, or content, regardless of any failure or inability to use such products, services, or content.
Service Descriptions and Availability, Errors
Elektricity and its suppliers and licensors continually upgrade and revise the Elektricity Service to provide you with new Ancillary Products and Services. Elektricity may revise, discontinue, or modify Ancillary Products and Services at any time without prior notice to you, and Ancillary Products and Services may become unavailable without notice. Elektricity shall have no liability of any kind if an Ancillary Product or Service that has been ordered is unavailable. If necessary, Elektricity reserves the right to cancel an order or substitute an Ancillary Product or Service of equal or greater value when a product, service, or content is unavailable. For example, for pre-paid purchases of multi-month channel subscriptions, in the event a channel stops being available, Elektricity is unable to offer you a refund but, upon request, will upgrade your subscription for the number of months remaining on your original subscription.
We attempt to be as accurate as possible and eliminate errors on the Elektricity Service; however, we do not warrant that any Ancillary Products and Services or description, photograph, pricing, or other information of a product, service, or content is accurate, complete, reliable, current, or error-free. In the event of an error, whether on the Elektricity Service, in an order confirmation, in processing an order, delivering an Ancillary Product or Service, or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. In addition, we may, in lieu of a refund as provided in this paragraph, opt to provide you with a service credit, with a value equal to the amount charged to your payment method. Elektricity reserves the right to determine and modify from time to time the exact nature of any such service credit, including conversion into one or more different types of Ancillary Products and Services credits. Your sole remedy in the event of an error is to cancel your order and obtain a refund or credit as set forth above.
You are responsible for any applicable national, state, or local sales or use taxes, value added taxes (“VAT”) or similar taxes or fees payable in connection with your purchase of any products, services, or content for yourself or as a gift. As the purchaser of a subscription or digital good for another party as a gift, taxes or other fees on that transaction will be calculated based on your country of residence. If you do not pay such sales or other tax or fee on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale, and Elektricity reserves the right to collect such taxes or other fees from you at any time.
THE ELEKTRICITY SERVICE AND ANY ANCILLARY SERVICES OR ANY OTHER SERVICES MADE AVAILABLE THEREON ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
THE ELEKTRICITY SERVICE AND ANY ANCILLARY PRODUCTS AND SERVICES OR ANY OTHER PRODUCTS, SERVICES, OR CONTENT MADE AVAILABLE THEREON ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. ELEKTRICITY AND ITS AFFILIATES, PARTNERS, LICENSORS, AND SUPPLIERS (“ELEKTRICITY PARTIES”) DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ELEKTRICITY CANNOT GUARANTEE AND DOES NOT WARRANT ANY SPECIFIC RESULTS FROM USE OF ANCILLARY PRODUCTS AND SERVICES OR ANY OTHER PRODUCTS OR SERVICES. ELEKTRICITY DOES NOT REPRESENT OR WARRANT THAT ANY ANCILLARY PRODUCTS AND SERVICES OR OTHER PRODUCTS, SERVICES, OR CONTENT OR ANY PART THEREOF, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE OR THAT ANY ASPECT OF THE ELEKTRICITY SERVICES, INCLUDING, WITHOUT LIMITATION, THE ANCILLARY PRODUCTS AND SERVICES OR ANY OTHER PRODUCTS, SERVICES, OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.
Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof, or any affiliation therewith, by Elektricity. Nothing in these paragraphs will operate to exclude or limit warranties or liabilities which may not be excluded or limited under applicable law.
Limitation on Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ELEKTRICITY OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR PURCHASE OR USE OF ANY ANCILLARY PRODUCTS AND SERVICES OR ANY OTHER PRODUCTS, SERVICES, OR CONTENT, EVEN IF ELEKTRICITY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ELEKTRICITY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO ELEKTRICITY FOR THE ANCILLARY PRODUCT OR SERVICE FROM WHICH THE CLAIM AROSE, BUT IN NO CASE WILL ELEKTRICITY’S LIABILITY TO YOU EXCEED $1,000. YOU ACKNOWLEDGE THAT IF NO AMOUNT IS PAID TO ELEKTRICITY FOR THE ANCILLARY PRODUCT OR SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM ELEKTRICITY, REGARDLESS OF THE CAUSE OF ACTION.
Governing Law; Venue and Jurisdiction
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH ELEKTRICITY AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM ELEKTRICITY.
You and Elektricity agree to arbitrate any dispute arising from these Terms of Sale or your use of the Elektricity Service, except that you and Elektricity are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Elektricity agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to Elektricity shall be sent to Elektricity, LLC, Attn: General Counsel, 318 Isleta Blvd SW, Albuquerque, NM 87105. You and Elektricity further agree: to attempt informal resolution prior to any demand for arbitration; that any arbitration will occur in Bernalillo County, New Mexico; that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and that the state or federal courts in Bernalillo County, New Mexico have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by this Agreement and the laws of the State of New Mexico and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Whether the dispute is heard in arbitration or in court, you and Elektricity will not commence against the other a class action, class arbitration, or other representative action or proceeding.
You will indemnify, defend, and hold harmless Elektricity, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners, and employees, harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorney’s fees, arising out of or in connection with your purchase or use of any products, services, or content, or any violation of this Agreement or of any law or the rights of any third party.
Elektricity, LLC is the seller of record of Ancillary Products and Services unless otherwise disclosed in connection with a particular Ancillary Product or Service.
These Terms of Sale, along with the Terms of Service, constitute the entire agreement between you and Elektricity regarding purchases you make on the Elektricity Service, superseding any prior agreements between you and Elektricity relating to such purchases. The failure of Elektricity to exercise or enforce any right or provision of these Terms of Sale shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Sale shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Sale and shall not affect the validity and enforceability of any remaining provisions. In the event of a conflict between these Terms of Sale and the Terms of Service, the Terms of Service shall be controlling.
Please contact our support team for more information, or write to
318 Isleta Blvd SW,
Albuquerque, NM 87105