Get.factual

Get.factual is a documentary VOD streaming service, covering history, science, technology, and nature.

Get.factual USA Terms of Use

Last updated: 04/20/21

IMPORTANT NOTICE: DISPUTES ABOUT THESE TERMS AND THE SERVICES ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN THE “MANDATORY ARBITRATION AND CLASS ACTION WAIVER” IN SECTION 16 BELOW.

The Get.factual streaming service in the United States is operated by NuCo, Inc., a subsidiary of Story House Productions, Inc. (collectively with Story House Productions, Inc., “NuCo,” “we,” “us,” and “our”).

Get.factual offers you the opportunity to view certain television programs, movies, trailers and promotional material, graphics, logos, interfaces, layout and/or other audiovisual content (“Get.factual Content”, which includes any HTML tag or other code or metadata which is contained in, linked to, from and around such content). When we talk about the “Get.factual Service” we mean the service we provide to enable you to access Get.factual Content including our website and applications, all the features and functionality we make available to you, and any of our user interfaces or software associated with our service.

1. Acceptance and Modification of Terms of Use

1.1 By using the Get.factual Service, you agree to these Terms of Use, our Privacy Notice, and any community guidelines and supplemental terms or agreements provided to you for the Services that you use (collectively, the “Terms”). Please read the Terms carefully, as they form your entire agreement with us.

1.2 Execept for the “Mandatory Arbitration and Class Action Waiver” in Section 16 below, we have the right to make changes to our Terms at any time. If a change is a material, we’ll let you know before it takes effect. The updated Terms will take effect upon their posting and will apply on a go-forward basis, unless otherwise provided in a notice to you. By continuing to use the Get.factual Service, you agree to be bound by any changes to the Terms. If you do not wish to continue using the Get.factual Service under the new Terms, you may delete your account and terminate your subscription.

1.3 These Terms contain important information about your rights and obligations and the restrictions that may apply when you use the Get.factual Service. If you do not agree with any of these Terms then you should not register for or use the Get.factual Service.

2. Eligibility and Scope

2.1 The Terms are applicable to subscribers located in the United States only. If you are located outside of the United States, you will be presented with a different set of terms.

2.2 To use the Get.factual Service you must register to become a subscriber. To become a subscriber and use the Get.factual Service you must be:

(a) at least 18 years of age; and (b) a natural person (i.e. not a company or other business entity).

2.3 If we ask you to, you agree to provide us with evidence of your identity.

2.4 You may not transfer your subscription to the Get.factual Service to any other person or entity.

2.5 To become a subscriber of the Get.factual Service, you must provide us with your first name, last name, residential address, (email address and password, and a valid method of payment. From time to time, we may introduce the ability to provide payment through a third party and this will be considered a valid method of payment where that is the case.

2.6 Your subscription to the Get.factual Service may begin with a free trial. At the end of your free trial, we will charge the subscription fee to your payment method at the end of the free trial period (as selected by you at the time of registration) and your membership will automatically renew unless you cancel your membership fee. You will not be charged if you cancel your subscription during your free trial period. Please see the ‘Cancellation’ section below for full details. We may from time to time add other free trial periods and if we do so, we will make it clear to you at the time of registration.

2.7 Free trials are only available to new subscribers, and we reserve the right not to provide a free trial to any subscriber in our sole discretion to prevent abuse of the free trial period.

2.8 Free trials may not be combined with other trials, discounts, or promotional offers.

3. Billing

3.1 Until you cancel your subscription, we will automatically charge your selected payment method for your periodic subscription cost (which may vary depending on the plan you select). The first payment will be charged to your selected payment method on the day you join, or if you have a free trial, on the day after your free trial expires. If that day does not exist in the relevant month, payment will be taken on the final day of the preceding month. For example, if you join the Get.factual Service on 24 January and your free trial period is 7 days, the charge would take place on 31 January and (for monthly plans), thereafter, on 28 February, 31 March, 30 April and so on.

3.2 If you purchase your Get.factual subscription as an in-app purchase via Android, iOS, or any other third party service provider platform, your purchase is also subject to the applicable terms and conditions of the Google Play Store, Apple App Store, or the applicable purchase platform of the relevant third party service provider (as well as to those of our payment service provider Cleeng), and payment will be charged to the payment method associated with your Google Play Store, Apple App Store, or other third party service provider account. You will be charged through your Google Play Store, Apple App Store, or other applicable third party service provider account at the end of the free trial period.

3.3 Your subscription automatically renews unless you unsubscribe from the the Get.factual Service via the Get.factual website (or the applicable provider's store) by midnight on the last day before the end of the current subscription period (or, if an earlier time is set out in the terms and conditions of the applicable third party service provider, by that earlier time). You can manage your subscription from your Google Play Store, Apple App Store, or other applicable third party service provider's account settings via the applicable website, or if subscribing directly, via the account settings of the Get.factual website (see further details at item 4 below).

3.4 Your periodic subscription cost is inclusive of any applicable taxes or transaction fees.

3.5 You can update your payment method at any time by going to the "My Account" section of the Get.factual website or relevant application and updating your payment method. We may also update your payment method using information provided by our payment service providers, and following any update you authorize us to continue to charge the applicable payment method. If your payment method is through a third party, you may need to update your payment method through that third party. If our attempts to collect payment from any payment method fails, you authorize us to continue to attempt to collect payment from that payment method until the end of your monthly billing cycle. If at the end of that cycle we are still unable to take payment, we may suspend or terminate your account until such time as you update your payment method to a valid method of payment. You are responsible for any fees charged by the issuer of your payment method (e.g. foreign transaction fees). Please check with the provider of your payment method for details.

3.6 We may update the price of any of our subscription plans from time to time by giving notice to you of the changes to your registered email address. We will give you at least 30 days' notice of any price changes, and you should cancel your subscription before the changes take effect if you do not agree to them. Please note it is your responsibility to provide us with a valid email address you can access when registering, and we will assume that you are contactable at the email address you provide. You can update your registered email address at any time in the "My Account" section of the Get.factual website or relevant application.

4. Cancellation

4.1 You can cancel your Get.factual subscription at any time. Cancellation at any time during the subscription period will become effective at the end of that subscription period. To cancel, go to the "My Account" page of the Get.factual website (or that of the applicable provider's store) and follow the instructions. If you cancel, your subscription will continue until the end of your billing cycle.. If you registered for Get.factual through a third party or you use a third party payment method, you may need to cancel through that third party (noting that if you registered and are now unsubscribing via the Get.factual website, no separate unsubscription from Cleeng will be required). If you registered for Get.factual and purchased your subscription as an in-app purchase via Android, iOS or other third party service provider platform you will need to cancel your subscription through the relevant settings menu on the applicable service provider's store.

4.2 If you cancel your Get.factual subscription before the end of your free trial, you will not be charged. Please note that you will need to cancel your subscription via your Get.factual website account or your Google Play Store, Apple App Store, or other applicable third party service provider store's setting by midnight on the last day before the end of your free trial (or, if an earlier time is set out in the terms and conditions of the applicable third party service provider, by that earlier time) to avoid being charged.

4.3 Please note that unless required to do so by applicable law, we do not provide refunds for partial billing cycles. However, as discussed in Section 4.1, after cancellation, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

5. Using the Get.factual Service

5.1 To be able to view Get.factual Content using the Get.factual Service, you must have a compatible device and an active broadband internet connection or mobile network connection. Please see our FAQs at faq.getfactual.tv for further information about using the Get.factual Service and these minimum technical requirements. It is your responsibility to ensure that your equipment, systems and connectivity are suitable to enable you to access the Get.factual Service before you decide to become a subscriber. We are not responsible in any way for your ability to view Get.factual Content, even if your equipment and systems meet the minimum technical requirements. You are responsible for any costs and other charges or expenses charged by your Internet Service Provider or network operator in relation to your internet service, your mobile service and any use of the Get.factual Service.

5.2 The Get.factual Service and any Get.factual Content viewed through our service are for your personal and non-commercial use only and may not be shared with any other individuals. During your subscription period, we grant you a limited, non-exclusive, non-transferable right to access the Get.factual Service and view Get.factual Content through the service. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use the Get.Factual Service for public performances. Please see additional restrictions set forth in “General Restrictions” in Section 9.

5.3 We reserve the right to:

(a) remove and/or alter the Get.factual Content available via the Get.factual Service and/or the functionality of the Get.factual Service at any time and for any reason whatsoever; and/or (b) limit the number of devices you can use to access the Get.factual Service, whether concurrently or otherwise, if we have reasonable grounds for believing that your usage breaches these Terms.

5.4 All Get.factual Content is subject to change. In particular, we do not guarantee that any particular piece of Get.factual Content will be available on the Get.factual Service.

5.5 We will make reasonable efforts to keep the Get.factual Service operational at all times, however we cannot guarantee that your use of the Get.factual Service will be uninterrupted or error-free. From time to time we may temporarily suspend or remove the Get.factual Service for technical, maintenance or operational reasons.

5.6 Your password is confidential to you, and you are responsible for keeping it secure. If you know or suspect your password has been compromised, you must change your password as soon as possible using the functionality provided within the Get.factual Service. We will never ask you for your password in an email or when calling you by telephone. We will never invite you to log in to your account through a link in any email communication you receive from us. If we believe there has been, or there may be, a breach of security we may suspend accounts and/or require that passwords be changed.

6. Parental supervision

6.1 If you are under 18, you should not view any such Get.factual Content unless you have permission from your parent or guardian who has registered to use the Get.factual Service.

7. Security Technology

7.1 We may use security and digital rights management technology for the Get.factual Service to protect the material and content made available on the Get.factual Service. You must not penetrate, remove or otherwise alter or interfere with any security measures used in connection with the Get.factual Service, or attempt to do any of those things or assist any other person in doing or attempting to do any of those things. We reserve the right to terminate or suspend your Get.factual subscription if we suspect or discover that you have done so.

8. Geoblocking

8.1 The Get.factual Service uses “geo-blocking” measures to prevent you from accessing Get.factual Service and Content from outside the United States. This is necessary for us to comply with the terms of our content licenses. You agree not to attempt to access, and not to attempt to circumvent the geo-blocking measures to access, Get.factual Content from outside the United States (provided this provision shall not apply to cases where you are ordinarily resident in the United States but are temporarily located in a Non-US State and attempting to access Get.factual Content from that Non-US State on a temporary basis).

9. General restrictions

9.1 You agree that you will comply with our reasonable instructions regarding your use of the Get.factual Service. You agree that you will not (and you will not allow any other person to) use the Get.factual Service for any purpose which is commercial, unlawful or otherwise improper. In particular, except as expressly permitted by these Terms or otherwise by us, you will not by any means as a result of or in connection with your use of the Get.factual Service:
(a) share your login with anyone else;
(b) stream Get.factual Content concurrently on more than two (2) devices per account;
(c) remove, alter, bypass, avoid, interfere with or circumvent the digital rights management software or geo-blocking software;
(d) copy, download (unless we have made such download functionality available on the Get.factual Service), lend, hire, broadcast, stream, capture, reproduce, archive, share, distribute, modify, translate, display, transmit or make the Get.factual Content available to the public;
(e) remove or alter any copyright or other proprietary notice from the Get.factual Service or from any Get.factual Content;
(f) insert any code or product or manipulate the content of the Get.factual Service in any way, extract any data or metadata from the Get.factual Service or any Get.factual Content nor create any index or database incorporating any Get.factual Content or any part of it;
(g) block, disable, obscure or impair any promotional material, sponsorship or advertising on the Get.factual Service or associated with any Get.factual Content;
(h) capture or store any personal information relating to other users of the Get.factual Service;
(i) incorporate the Get.factual Service into another service or website or make it available via frames;
(j) reverse engineer, de-compile, disassemble, alter, duplicate, modify, rent, lease, loan, sub-license, make copies, create derivative works from, distribute or provide others with the Get.factual Service or any Get.factual Content;
(k) create any works or materials derived from or based on any Get.factual Content or the Get.factual Service;
(l) use the Get.factual Service in any way that may lead to the encouragement, procurement or carrying out of any criminal or unlawful activity, or cause distress, harm or inconvenience to any other person; or
(m) upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Get.factual Service, including any software viruses or any other computer code, files or programs, or otherwise do anything that may cause damage to the Get.factual Service or our servers, systems or equipment or those of third parties, nor access or attempt to access any user’s data or to penetrate or attempt to penetrate any applicable security measures.

9.2 You may not misrepresent your relationship with us, or indicate through express or implied means that we have endorsed any content that you may submit through the Get.factual Serivce, or that an agency relationship exists between you and us.

9.3 We reserve the right to suspend, restrict or terminate your access to the Get.factual Service or your subscription at any time in our sole discretion.

10. Trademarks and copyright

10.1 All intellectual property rights in the Get.factual Service and all Get.factual Content and any other content made available via the Get.factual Service shall remain at all times the property of NuCo orNuCo’s licensors, including ZDFE. The names, images and logos identifying us, our partners or third parties and our/their products and services contained within the Get.factual Service are proprietary marks and may not be reproduced or otherwise used without our express permission (and where relevant the express permission of the relevant third party). Nothing in these Terms shall be construed as conferring by implication any licence or right to use any trade mark, patent, design right or copyright of NuCo, NuCo’s licensors, or of any third party. You do not acquire any ownership right in any Get.factual Content by accessing the Get.factual Content on the Get.factual Service.

11. Third party sites

11.1 The Get.factual Service may contain links (whether by way of an advertisement or otherwise) to other third party sites and services. Such links are provided for your ease of reference and convenience only. We have no control over those third party sites or services and are not responsible for their contents. We do not endorse the material contained in any third party’s sites or services and have no association with their operators. You agree that we will not be a party to any transaction or contract with a third party that you may enter into and we will not be liable to you for any loss or damage which you may suffer by using those third party sites and services. You agree that you will not involve us in any dispute you may have with such third party sites and services.

12. Limitation of Liability

12.1 ALL SERVICES ARE PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS. WE DO NOT PROMISE THAT THE GET.FACTUAL SERVICE WILL BE FREE FROM ERRORS OR OMISSIONS NOR THAT IT WILL BE AVAILABLE UNINTERRUPTED AND IN A FULLY OPERATING CONDITION, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. NOT ALL OF THE FEATURES AND FUNCTIONALITY OF THE GET.FACTUAL SERVICE WILL WORK ON ALL DEVICES. WE MAKE NO GUARANTEE THAT ALL OR ANY FEATURES OF THE GET.FACTUAL SERVICE WILL WORK ON ANY PARTICULAR DEVICE. WHILE WE DO TAKE REASONABLE PRECAUTIONS TO PREVENT THE OCCURRENCE OF COMPUTER VIRUSES AND/OR OTHER MALICIOUS PROGRAMS, WE DO NOT GUARANTEE THAT THEY WILL NOT BE PRESENT.

12.2 WE WILL NOT BE RESPONSIBLE FOR ANY DAMAGE OR LOSS CAUSED TO YOU WHERE SUCH DAMAGE OR LOSS IS NOT REASONABLY FORESEEABLE TO YOU AND US WHEN YOU USE THE GET.FACTUAL SERVICE, INCLUDING WHERE THE DAMAGE OR LOSS RESULTS FROM OUR BREACH OF THESE TERMS.

12.3 THE GET.FACTUAL SERVICE MAY BE SUSPENDED TEMPORARILY AND WITHOUT NOTICE IN THE CASE OF SYSTEM FAILURE, MAINTENANCE OR REPAIR OR FOR REASONS BEYOND OUR REASONABLE CONTROL. EXCEPT AS SET OUT ELSEWHERE IN THESE TERMS, WE WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON IN THE EVENT THAT ALL OR PART OF THE GET.FACTUAL SERVICE IS UNAVAILABLE, DISCONTINUED, MODIFIED OR CHANGED IN ANY WAY.

12.4 We do not accept any liability for:
(a) any damage or loss caused to you where you are not entering into these Terms as a consumer;
(b) any failure, any suspension and/or any termination of access to the Get.factual Service or any Get.factual Content in connection with or arising out of a force majeure event. In these Terms, a “force majeure” event shall include, without limitation, strikes, lock-outs or other industrial disputes, nuclear accident or acts of God, war or terrorist activity, riot, civil commotion, malicious damage, compliance with any law or government order, rule regulation or direction, accident or breakdown of plant or machinery, fire, flood, storm or default of suppliers, and where they are beyond our reasonable control, any other acts, events, omissions or accidents; and/or
(c) any claims brought against you by a third party except as stated in these Terms.

12.5 Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above limitations may not apply to you.

**13. Indemnity **

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD US AND OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, SHAREHOLDERS, CONTRACTORS, OR REPRESENTATIVES (AND ALL SUCCESSORS AND ASSIGNS OF ANY OF THE FOREGOING), HARMLESS FROM AND AGAINST ANY CLAIM OR DEMAND, INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES AND DISBURSEMENTS, MADE BY ANY THIRD PARTY IN CONNECTION WITH OR ARISING OUT OF YOUR USE OF THE GET.FACTUAL SERVICE, YOUR CONNECTION TO THE GET.FACTUAL SERVICE, YOUR VIOLATION OF THE TERMS OR OUR PRIVACY NOTICE, YOUR VIOLATION OF AN APPLICABLE LAW, AND/OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER INDIVIDUAL OR ENTITY. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF SUCH DISPUTES, AND IN ANY EVENT YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.

14. Third party platform operators

14.1 These Terms do not govern your relationship with the Google Play Store, Apple App Store, or any other applicable third party platform operator or service provider. You should check the relevant websites for details of the terms and conditions governing your relationship with Google, Apple, or any other applicable provider. Your use of the Get.factual Service may also be subject to Google, Apple, or the relevant third party platform’s usage rules.

15. Voucher codes

15.1 We may from time to time issue Get.factual voucher codes which can be redeemed during your registration process in return for special offers. Get.factual voucher codes can only be redeemed on a one per person basis by response to the relevant question on the applicable registration page. Each voucher code may have its own terms and conditions attached, which may include restricting use to a particular group of people, and those terms and conditions (if any) will apply along with these Terms. When you use a voucher code to access the Get.factual Service, you will also be required to create a Get.factual account and provide a valid payment method. We may use your personal data to validate your entitlement to any voucher code you use, and we may withdraw the benefit of any voucher code if you do not meet the applicable terms and conditions.

15.2 Voucher codes cannot be combined, re-sold, transferred for value, redeemed for cash, used to purchase other voucher codes or used in a manner otherwise prohibited by our Terms. We are not responsible if any voucher code is lost, stolen or used without your permission. We do not guarantee that voucher codes will always be effective and we may withdraw any voucher code at any time without liability to you, subject always to your statutory rights as a consumer. We reserve the right to change these terms and conditions from time to time at our discretion.

16. Binding arbitration & class action waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

16.1 Application. You and NuCo agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. This “Binding arbitration & class action waiver” section is intended to be interpreted broadly and governs any and all disputes between us including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before these Terms or any prior agreement; and claims that may arise after the termination of these Terms. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.

16.2 Initial dispute resolution. Most disputes can be resolved without resort to arbitration. If you have any dispute with us, you agree that before taking any formal action, you will contact us at info@getfactual.tv and provide a brief, written description of the dispute and your contact information.Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with NuCo, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration. Failure to engage in this process could result in the award of fees against you in arbitration.

16.3 Binding arbitration. If the parties do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, (except as provided in the “Exception” section below subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including the Terms’ formation, performance, and breach), the parties’ relationship with each other, and/or your use of the Get.factual Service shall be finally settled by binding arbitration administered by the JAMS Comprehensive Arbitration Rules & Procedures (“JAMS”). The JAMS rules will govern payment of all arbitration fees. If the arbitrator finds the arbitration to be non-frivolous, NuCo will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim does not exceed $75,000. For claims above $75,000, fees and costs will be determined in accordance with applicable JAMS rules. The arbitration rules permit you to recover attorney’s fees in certain cases.

16.4 Arbitrator’s powers. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms including but not limited to any claim that all or any part of these Terms is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The parties agree that the arbitrator may allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

16.5 Filing a demand. To start an arbitration, you must do the following: (a) Write a Demand for Arbitration (“Demand”) that (i) briefly explains the dispute, (ii) lists your and NuCo’s names and addresses, (iii) specify the amount of money in dispute, if applicable, (iv) identify the requested location for a hearing if an in-person hearing is requested, and (v) state what you want in the dispute; (b) send one copy of the Demand to JAMS, along with a copy of these Terms and the filing fee required by JAMS; and (c) Send one copy of the Demand for Arbitration to us at info@getfactual.tv.

16.6 The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

16.7 Location. If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing, unless you and we both agree to another location or telephonic arbitration. For individuals residing outside the United States, arbitration shall be initiated in Washington DC, United States, in order to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

16.8 Class Action Waiver. The parties further agree that the arbitration shall be conducted in the party’s respective individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND NUCO 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. If there is a final judicial determination that applicable law precludes enforcement of this subsection’s limitations as to a particular remedy, then that remedy (and only that remedy) must be severed from the arbitration and may be sought in court. The parties agree, however, that any adjudication of remedies not subject to arbitration shall be stayed pending the outcome of any arbitrable claims and remedies.

16.9 Exception: litigation of intellectual property and small claims court claims. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court with jurisdiction or in the U.S. Patent and Trademark Office to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in small claims court for disputes or claims within the scope of that court’s jurisdiction.

16.10 30-Day Right to Opt Out. You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to info@getfactual.tv with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within the later of 30 days of your first use of the Services or within 30 days of changes to this section being announced. Otherwise you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of these arbitration provisions, NuCo also will not be bound by them.

16.11 Changes to this Section. We will provide thirty (30) days’ notice of any changes to this section. Amendments will become effective thirty (30) days after they are posted on the Services or sent to you by email. Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on “Changes to this Section” is not enforceable or valid, then this subsection shall be severed from the section entitled Binding Arbitration and Class Action Waiver, and the court or arbitrator shall apply the first Binding Arbitration and Class Action Waiver section in existence after you began using the Services.

16.12 Survival. This Binding Arbitration & Class Action Waiver section shall survive any termination of your use of the Services.

17. Other important terms

17.1 If any provision of these Terms shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these Terms which shall remain in full force and effect.

17.2 These Terms are available in English only and shall be governed by and construed in accordance with the laws of the District of Columbia, without regard to conflicts of law provisions. . Any dispute arising in connection with these Terms not subject to arbitration shall be initiated and conducted in the state or federal courts of the District of Columbia, and you and NuCo consent to the exclusive jurisdiction of such courts.

17.3 Please note that we may update and amend these Terms from time to time. By proceeding to use the Get.factual Service you agree to be bound by any changes to these Terms. However, it is your responsibility to ensure you review these Terms regularly at termsofuse.getfactual.tv to familiarize yourself with any changes.

17.4 The Get.factual word and figurative mark are trademarks of ZDF Enterprises GmbH and are used under license.

17.5 . You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Get.factual Service and/or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

17.6 These Terms (and all terms and conditions incorporated herein) are the whole agreement between NuCo and you, and govern your use of the Get.factual Service, and supersede any prior agreements between you and NuCo on the subject matter.

17.7 You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.

17.8 We may deliver notice to you by e-mail, posting a notice on the Get.factual Service or any other method we choose and such notice will be effective on dispatch. If you give notice to us, it will be effective when received and you must use the following email address: info@getfactual.tv.

18. Contact Us

18.1 If you have any questions, queries or complaints or need help using the Get.factual Service then you can email us at info@getfactual.tv.