Terms of Use

Overview:

Welcome to Golden Digital Network (“GDN”)! We are a subscription service that provides our members with access to period music, motion pictures, television and radio shows, and other audio-visual entertainment ("GDN content") streamed over the Internet to certain Internet-connected TV's, computers and other devices ("GDN ready devices").

These Terms of Use govern your use of our service. As used in these Terms of Use, "GDN service," "our service" or "the service" means the service provided by GDN for discovering and watching GDN content, including all features and functionalities, website, and user interfaces, as well as all content and software associated with our service.

If you are a resident of the United States (including its possessions and territories), you agree to the Arbitration Agreement and class action waiver described in Section 15 to resolve any disputes with GDN (except for matters that may be taken to small claims court).

Please note that these Terms of Use may include hyperlinks that may be accessed only through our website, so if you are reviewing these Terms of Use through certain GDN ready devices, you may need to visit www.GoldenDigitalNetwork.com/Terms-Of-Use to review these hyperlinked terms.

    1. Acceptance of Terms of Use
      1. These Terms of Use, which include our Privacy Policy (www.GoldenDigitalNetwork.com/Privacy-Policy), End User License Agreement (www.GoldenDigitalNetwork.com/EULA), About Cookies and Internet Advertising (www.GoldenDigitalNetwork.com/Cookies), and, to the extent you use the social features, our Social Terms (www.GoldenDigitalNetwork.com/Social-Terms), govern your use of the GDN service. By using, visiting, or browsing the GDN service, you accept and agree to these Terms of Use. If you do not agree to these Terms of Use, do not use the GDN service.
  • The GDN service is provided by Golden Digital Network, Inc., or one of its affiliated companies (GDN companies). The GDN company that is providing the service to you (referred to as "GDN" in these Terms of Use) and with whom you are entering into this agreement, depends on the country from which you sign up for the GDN service.
  • Changes to Terms of Use. GDN may, from time to time, change these Terms of Use, including the Privacy Policy, EULA and Social Terms. Such revisions shall be effective immediately; provided however, for existing members, such revisions shall, unless otherwise stated, be effective 30 days after posting. We will endeavor to post prior versions of the Terms of Use, if any, for the preceding 12-month period. You can see these prior versions by visiting www.GoldenDigitalNetwork.com/Prior-Terms).
  • Privacy. Personally identifying information is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices.
  • Communication Preferences. By using the GDN service, you consent to receiving electronic communications from GDN relating to your account. These communications may involve sending emails to your email address provided during registration, or posting communications on the GDN service, or in the "My 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 GDN. 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 receiving certain other communications from us, such as newsletters about new GDN features and content, special offers, promotional announcements and customer surveys via email or other methods. If you no longer want to receive certain non-transactional communications, simply go to the "Email preferences" link on the "My Account" page of our website (www.GoldenDigitalNetwork.com/My-Account) to manage your GDN communications. Please review to our Privacy Policyfor further detail on our marketing communications.
  • Membership, Free Trials, Billing and Cancellation
  • Membership
  • Ongoing Membership. Your GDN membership, which may start with a free trial, will continue month-to-month 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 GDN service. We will bill the monthly or annual (as elected) membership fee to your Payment Method. You must cancel your membership before it renews each month (or year if annual membership is elected) in order to avoid billing of the next month's or year's membership fees to your Payment Method.
  • Differing Memberships. We may offer a number of membership plans with differing lengths of term, including special promotional plans or memberships with differing conditions and limitations. Any materially different terms from those described in these Terms of Use will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your membership with GDN by visiting our website and clicking on the "My Account" link. Some promotional memberships are offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services or the terms and conditions regulating such products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered membership plans.
        1. Free Trials
          1. Your GDN membership may start with a free trial. The free trial period of your membership lasts for ten days, or as otherwise specified during sign-up. For combinations with other offers, restrictions may apply. Free trials are for new and certain former members only. GDN reserves the right, in its absolute discretion, to determine your free trial eligibility.
          2. We will begin billing your Payment Method for monthly or annual membership fees (“Membership Term”) at the end of the free trial period of your membership unless you cancel prior to the end of the free trial period. To view the specific details of your membership, including monthly membership price and end date of your free trial period, visit our website and click the "View billing details" link on the "My Account" page. We may authorize your Payment Method through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.
    • You will not receive a notice from us that your free trial period has ended or that the paying portion of your membership has begun. CLICK THE "MY ACCOUNT" LINK AT THE TOP OF ANY GDN WEB PAGE (www.GoldenDigitalNetwork.com) TO FIND CANCELLATION INSTRUCTIONS. We will continue to bill your Payment Method on a monthly or annual basis for your membership fee until you cancel.
    • Billing
    • Recurring Billing. By starting your GDN membership and providing or designating a Payment Method, you authorize us to charge you a monthly or annual (as elected) membership fee at the then current rate, and any other charges you may incur in connection with your use of the GDN service to your Payment Method. You acknowledge that the amount billed each month, if you have elected monthly membership, may vary from month to month for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption, and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.
    • Price Changes. We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to your service will take effect following email notice to you. Any changes to the membership fee will be effective upon your next billing cycle, and will not apply retroactively or to the remainder of your current Membership Term.
    • Billing Cycle. The membership fee for our service will be billed at the beginning of the paying portion of your membership and each month or annual anniversary date for annual membership terms thereafter unless and until you cancel your membership. For monthly membership terms, we automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership. For annual membership terms, we automatically bill your Payment Method on the calendar day following the termination of your expiring annual membership term. Membership fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying membership began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your GDN membership or became a paying member on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your Membership. Visit our website and click on the "View billing details" link on the "My Account" page to see the commencement date for your next renewal period. We may authorize your Payment Method in anticipation of membership or service-related charges. As used in these Terms of Use, "billing" shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, month, monthly, annual or annually refers to your billing cycle.
    • Refunds and Cancellation. You may cancel your paid GDN membership at any point during your Membership Term and receive a pro-rated refund of the subscription fee for any unused months of your current Annual Membership Term (partial months will not be refunded), and any applicable corresponding pro-rated sales, telecommunication, excise or similar taxes. Refunds will be issued to the credit or debit card you provided on the Activation Date. You should allow between 7 and 10 business days for the credit to appear in your account. You may not transfer your GDN Membership, or share your GDN Membership account with any third party. You may only use your GDN Membership for personal, non-commercial purposes.  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.
          1. 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 GDN website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), 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.
      1. GDN Service
        1. You must be 18 years of age, or the age of majority in your province, territory or country, to become a member of the GDN service. Individuals under the age of 18, or applicable age of majority, may utilize the service only with the involvement of a parent or legal guardian, under such person's account and otherwise subject to these Terms of Use.
        2. The GDN service and any content viewed through our service, are for your personal and non-commercial use only. During your GDN membership, we grant you a limited, non-exclusive, non-transferable license to access the GDN service and view movies and TV shows through the service on a streaming-only basis for that purpose. 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.
        3. You may view a movie or TV show through the GDN service primarily within the country in which you have established your account and only in geographic locations where we offer our service and have licensed such movie or TV show. The content that may be available to enjoy may vary by geographic location. GDN will use technologies to verify your geographic location. THE NUMBER OF DEVICES ON WHICH YOU MAY SIMULTANEOUSLY USE THIS SERVICE IS LIMITED. Go to the change plan information in the "My Account" page to see the number of devices on which you may simultaneously use. The number of devices available for use and the simultaneous streams may change from time to time at our discretion.
        4. We continually update the GDN 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 movies and TV shows, 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.
        5. You agree to use the GDN service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. You agree not to archive, download (other than through caching necessary for personal use), reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained on or obtained from or through the GDN service without express written permission from GDN and its licensors. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the GDN service; use any robot, spider, scraper or other automated means to access the GDN service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the GDN service; insert any code or product or manipulate the content of the GDN service in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to 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 GDN service, including any software viruses or any other computer code, files or programs.
        6. The availability of GDN content to enjoy will change from time to time, and from country to country. The quality of the display of the streaming GDN content may vary from computer to computer, and 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 and Ultra HD availability is subject to your Internet service and device capabilities. Not all content is available in HD or Ultra HD and not all plans allow you to receive HD or Ultra HD content. A download speed of at least 5.0 Mbps per stream is recommended to receive HD content, which is defined as 720p or better. A download speed of at least 25.0 Mbps per stream is recommended to receive Ultra HD content, which is defined as resolution greater than 1080p. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. GDN makes no representations or warranties about the quality of your experience of our service on your display. The time it takes to begin watching a movie or TV show will vary based on a number of factors, including your location, available bandwidth at the time, the movie or TV show you have selected and the configuration of your GDN ready device.
        7. GDN streaming software is developed by, or for, GDN and is designed to enable streaming of content from GDN through GDN 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 THE END USER LICENSE AGREEMENT (www.GoldenDigitalNetwork.com/EULA) AND TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE GDN 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 GDN service. If your GDN ready device is sold, lost or stolen, please deactivate the GDN ready device. If you fail to log out or deactivate your device, subsequent users may access the GDN 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.
    • We may terminate or restrict your use of our service, without compensation or notice if you are, or if we suspect that you are (i) in violation of any of these Terms of Use or (ii) engaged in illegal or improper use of the service.
        1. Passwords & Account Access
          1. The member who created the GDN account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over the GDN account. The Account Owner's control is exercised through the 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 GDN Member Services 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.
          2. In order to provide you with ease of access to your account and to help administer the GDN service, GDN 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 GDN service, which includes accessing via GDN 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 GDN website and not through a hyperlink in an email or any other electronic communication, even if it looks official. GDN 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. GDN is not obligated to credit or discount a membership for holds placed on the account by either a representative of GDN or by the automated processes of GDN.
          1. Disclaimers of Warranties and Limitations on Liability
            1. THE GDN SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE GDN SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. GDN DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE GDN SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. GDN SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, GDN READY DEVICES, AND GDN SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).
            2. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL GDN, 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.
            3. 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.
        • NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
        • Gifts & Promotions. In certain jurisdictions, gift cards for the GDN service may be available for purchase at third-party retail outlets and websites, which can be redeemed on our website at www.GoldenDigitalNetwork.com/Gift-Cards. The purchase and redemption of gift cards are subject to the gift terms (www.GoldenDigitalNetwork.com/Gift-Terms). 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 GDN 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 GDN service, including all content provided on the GDN service, is protected by copyright, trade secret or other intellectual property laws and treaties.
        • Trademarks. GDN is a service mark of GDN, Inc.
        • Patents. GDN has patents that apply to our service. For information on GDN patents visit www.GoldenDigitalNetwork.com/Patents.
        • Claims of Copyright Infringement. Claims of Copyright Infringement. If you believe your work has been reproduced or distributed in a way that constitutes copyright infringement or are aware of any infringing material available through the GDN service, please notify us by completing the Copyright Infringement Claims form (www.GoldenDigitalNetwork.com/Copyrights).
            1. Governing Law
              1. For all other GDN members, these Terms of Use shall be governed by and construed in accordance with the laws of the state of Texas, U.S.A. without regard to conflict of laws provisions.
          • You may also be entitled to certain consumer protection rights under the laws of your local jurisdiction.
          •  Applications. You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) ("Application(s)") that interact with the GDN service. These Applications may import data related to your GDN account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and GDN is not responsible for such Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO OR SPONSORED BY GDN 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. GDN 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 GDN service, including the GDN 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 GDN 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 GDN does not accept unsolicited materials or ideas for movies or TV shows, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to GDN. 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 GDN 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.
          • Membership Support. To find more information about our service and its features, or if you need assistance with your account, please visit GDN FAQ. (www.GoldenDigitalNetwork.com/FAQ). In the event of any conflict between these Terms of Use and information provided by Membership Support or other portions of our website, these Terms of Use will control.
            1. Arbitration Agreement
              1. If you are a GDN member in the United States (including its possessions and territories), you and GDN agree that any dispute, claim or controversy arising out of or relating in any way to the GDN service, these Terms of Use and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and GDN are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your GDN membership.
              2. If you elect to seek arbitration or file a small claim court action, you must first send to GDN, by certified mail, a written Notice of your claim ("Notice"). The Notice to GDN must be addressed to: Registered Agent, Golden Digital Network, Inc., 101-C North Greenville Avenue, Suite 603, Allen, Texas 75002 ("Notice Address"). If GDN 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 GDN, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If GDN and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or GDN may commence an arbitration proceeding or file a claim in small claims court.
              3. 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 GDN receives notice at the Notice Address that you have commenced arbitration, GDN will promptly 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.
              4. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "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 GDN and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence.
              5. 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 sufficient to explain 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 GDN’s last written settlement offer made before an arbitrator was selected (or if GDN did not make a settlement offer before an arbitrator was selected), then GDN will pay you the amount of the award or US$1,000, 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 GDN 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 GDN 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.
            1. Survival. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

            Dated: February 12, 2016