Daywind Music Group Account Terms

These terms govern your Daywind Music Group account, which is operated by Daywind Music Group, Inc. and/or its subsidiaries and affiliates, and enables you to activate and use your Daywind Music Group product(s). Your Daywind Music Group account gives you access to certain device features and functionality, as well as access to streaming content from various content providers. By creating a Daywind Music Group account, you are accepting these terms. If you do not agree with these terms, you may not create a Daywind Music Group account.

In accepting these terms, you are also agreeing that: (1) any disputes between us will be settled by binding arbitration (meaning we both give up the right to go to court), (2) the software installed on your Daywind Music Group devices may be automatically updated, and (3) your recurring subscriptions will automatically renew and your account will continued to be charged for those subscriptions until you cancel.

Certain features, functionality, and content made available to you through your Daywind Music Group product(s) may be subject to additional terms, which will be provided to you at the time those services are offered. We reserve the right (at any time) to modify, suspend, or remove certain features, functionality, or content from your Daywind Music Group account or your Daywind Music Group product(s).

Creating a Daywind Music Group Account
You will need to create a Daywind Music Group account to activate your Daywind Music Group products, to set up the features and functionality of your Daywind Music Group device(s), to access content, such as The Daywind Music Group Channel, to purchase streaming content, and to manage your subscriptions. These terms apply to all Daywind Music Group products linked to your Daywind Music Group account, and to anyone in your household that uses your account and/or any linked Daywind Music Group products.

By creating an account, you represent that (1) all required registration or other information you provide is truthful and accurate, (2) you are at least 18 years of age(or of legal age/age of majority in your country to agree to these terms), and (3) your use of our products and services will not violate any applicable law or regulation or these terms. You are responsible for maintaining the confidentiality of your password and for the use of your Daywind Music Group account. You should notify us immediately if you suspect any unauthorized use of your Daywind Music Group account or access to your password. Daywind Music Group will not be responsible for any use of your Daywind Music Group Account by someone using your password.

Our Privacy Policy provides information on how we collect, use and disclose information from our users and the use of our products.

Streaming Content
Daywind Music Group provides access to content that is intended for your personal, non-commercial use only. Your Daywind Music Group products may only be used in the country where the device was sold (or as specified on Daywind Music Group’s website).

Access to The Daywind Music Group Channel (where available) is subject to The Daywind Music Group Channel Terms of Use. The streaming content and services offered by our content providers are subject to their own terms and policies, including privacy and data gathering practices. These terms and policies will apply (and you are obligated to abide by them) when you access their content using your Daywind Music Group products. These content providers are responsible for providing you the content and services they offer (even if you have purchased these through your Daywind Music Group account).

We (or our content providers) may update, add, or remove channels, content, and/or content providers from time to time (possibly without notice to you). We reserve the right to restrict (or remove) access from your Daywind Music Group device to any content and/or channel if we have reason to believe that a device linked to your Daywind Music Group account is not yours, it has been hacked, stolen, or compromised, or that the content and/or channel is not properly authorized or licensed in your country, violates applicable law, or has been improperly offered by a content provider. We may also suspend (or terminate) your Daywind Music Group account if we believe it is necessary to protect Daywind Music Group, our content providers, or partners from what we believe to be unauthorized activity.

You are responsible for enabling the content access controls on your Daywind Music Group products so that any age-restricted content is not viewed by persons not meeting the applicable age limits, as specified by law, regulation, or the content provider. Go to support for more information on how to enable these settings and controls on your Daywind Music Group device.

Access to streaming content on your Daywind Music Group products requires an internet connection. Data charges may apply to access and/or stream content to your Daywind Music Group device, depending on your data plan, which is your responsibility to pay. The display quality of streaming content can vary by device and is affected by many factors, including your internet speeds, Wi-Fi strength, and location.

Restrictions
Copying or redistribution of certain content is strictly prohibited, and digital rights management or other technologies may be used to prevent or restrict any copying or re-distributing of any content, which you agree not to try to circumvent or avoid. Certain content is only available in those countries where the device has been authorized to be sold. If you attempt to access content outside of these countries, the rights granted under these terms will not apply. Some content providers may use technologies to determine or verify your location, and you may not be able to use your Daywind Music Group product to access content outside of its designated country. You are responsible for complying with any import and/or export laws that apply to your use of your Daywind Music Group products.

Advertising and Promotional Messages
Daywind Music Group (and/or its partners and content providers) may display advertising and promotional messages through your Daywind Music Group products and content services. We do not make (or imply) any endorsement or recommendation about the advertisers’ products or services. Any interaction you have with these advertisers is entirely at your own risk and between you and the advertiser. Daywind Music Group is not responsible or liable for your interaction with those advertisers or their products and services.

Purchases
To make purchases using your Daywind Music Group account, you will need to provide us with a valid method of payment, which we will keep on file. You will need to supply us with certain payment information to complete the order. The required payment information and payments methods available vary based on your country. Go to our Privacy Policy for more information on the payment information we collect and how it is used. Purchases will be charged to your payment method on file, which you can update (or change) at any time through your Daywind Music Group account. For some purchases (such as a subscription with a free trial period), a temporary authorization hold may appear on your payment method for a period of time.

We will use your payment information to complete the purchase of your order. In some cases, the content provider or our payment service provider may process those payments for us, and in those cases, we may provide your payment information to them so they can complete the transaction for you. Some content providers may require that you to maintain a valid and active account in good standing with them (which is separate from your Daywind Music Group account).

At your option, you can require a PIN code (a personal identification number you create) to access certain content (such as fee-based entertainment or content not suitable for certain children). You can enable or disable your PIN code at any time through your Daywind Music Group account.

All purchases are paid in advance (pre-paid). You are responsible for all charges that are made by you or through your Daywind Music Group account. We reserve the right to re-submit a purchase transaction if your payment method is declined or suspend your access to the content for which payment has not been received. You are responsible for any over-limit, non-sufficient funds, or other overdraft fees that your payment method may charge you as a result.

In some cases, your subscription may start with a free trial or include a promotional offer. The terms of the subscription offer and/or free trial may vary by content provider (and will be specified in the offer). If your subscription includes a free trial, you must cancel the subscription before the trial period ends to avoid being charged. To sign up for a free trial you must provide a valid payment method (a temporary authorization hold may appear on your payment method during this time). You may (or may not) be notified that your free trial is about to end; however, it is ultimately your responsibility to cancel a free trial before it ends (to avoid any charges). Certain promotional offers are available for new subscribers only. Promotional offers (including free trials) are subject to change and may be canceled at any time without notice. Certain restrictions may apply to promotional offers (such as content may be accessible only within The Daywind Music Group Channel, only on Daywind Music Group devices, or only in certain geographic locations), which will be provided in the offer terms.

Recurring subscriptions will automatically renew until you cancel. You must cancel your subscription before it renews to avoid the billing of the next subscription term’s fees to your account. No refunds are given for partial term cancellations. If you cancel a subscription before the subscription period ends, your subscription (and your access to its content) will continue until the subscription period ends (it will not automatically renew in this case). Go to support for information on how to manage or cancel a subscription.

For subscriptions that Daywind Music Group manages directly, we may set your subscriptions so that they all have the same billing cycle and the first billing period for additional subscriptions may be prorated to the same billing date as your current subscription(s).

Purchases of on-demand and pay-per-view content are non-cancellable and non-refundable and may be subject to additional terms and conditions.

Your purchase may be subject to sales or use tax. The amount and type of tax applicable to your purchase will depend on what was purchased and the applicable tax rules (where the product or service is sold). If your purchase is subject to a separate tax, it will be stated in the terms and conditions of the offer. You are responsible for paying the taxes that are applicable to your transactions (unless it is included in the purchase price). Pricing does not include any data charges or internet access that may be required to access the content and/or use the products.

Software Updates
From time to time, the software installed on your device will require an update or a content provider may update their software application that you use to access their content (their channel app) on your Daywind Music Group device. Updates include things like bug fixes, improvements to the user interface or how you access content, for security purposes, and other changes that may add, change, or remove certain features and functionality. These updates happen automatically via the internet (data charges may apply) and are often completed in the background, which should not interfere with your use, however, some Daywind Music Group software updates may require you to restart your device. Updates are necessary to maintain the operation and functionality of your Daywind Music Group product and/or compatibility with content providers and their services and cannot be disabled by you.

Voice Services
If your product supports voice commands (depending on your country of residence), you can use your voice to control your Daywind Music Group device (to search for content, switch inputs, launch channels, and much more) via (1) the Daywind Music Group mobile app or (2) a compatible voice-enabled Daywind Music Group remote. When using the voice features, you are authorizing us (and our service providers who help provide these services) to record, process, and store your verbal inputs (a recording and/or readout of what was said) along with information about your Daywind Music Group device in order to provide these services to you. Go to support learn more.

Daywind Music Group’s Proprietary Rights
Daywind Music Group software is proprietary to Daywind Music Group (and/or its licensors) and protected by copyright, trademark, and other laws of the United States and other countries. Any rights not expressly granted to you in these terms are reserved by Daywind Music Group (or its applicable licensors). You may not remove, alter, or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying your Daywind Music Group product or from any content provided via the Daywind Music Group product.

Disclaimers
Except for the limited hardware warranty accompanying your product, Daywind Music Group products and services are provided “AS IS” and on an “AS AVAILABLE” basis and to the maximum extent permitted by applicable law, WE DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the services provided by the product will meet your requirements or will be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality of any information or content provided through the product.

Limitation of Liability
WHEN PERMITTED BY LAW, WE WILL NOT BE RESPONSIBLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. TO THE EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE PURCHASE PRICE (THAT YOU PAID) FOR THE Daywind Music Group DEVICES LINKED TO YOUR Daywind Music Group ACCOUNT OR $50 USD (WHICHEVER IS MORE). IN ALL CASES, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the disclaimers and limitations above may not apply to you.

Arbitration of Disputes
All claims arising out of or relating to your Daywind Music Group account or any Daywind Music Group product or service will be resolved exclusively through arbitration, according to these Dispute Resolution Terms, unless you opted out or another exception applies. We both agree that all claims may only be conducted on an individual basis (and not in a class, consolidated, or representative action).

Governing Law, Jurisdiction and Venue
These terms are governed by the laws of the State of Delaware, without regard to any conflict of laws principles that may provide the application of the law of another jurisdiction. If, for any reason, a claim proceeds in court rather than in arbitration, we both agree that the exclusive jurisdiction and venue for any legal proceeding is either federal court of the Northern District of California or state court in Santa Clara County, California.

General
These terms are between you and Daywind Music Group and no other person has any right to enforce these terms on your behalf. Your rights are not transferable. Each paragraph is intended to operate separately. If any court or relevant authority determines that any terms are invalid or unenforceable, those terms will be enforced to the maximum extent permissible and the remaining terms will remain in full force and effect. If we delay or chose not to enforce these terms, that will not mean that we have waived our rights or that you do not have to comply with these terms. These terms may be amended by us from time to time. If we make material changes to these terms, we will post the revised terms on our website and may also notify you through your Daywind Music Group product or your Daywind Music Group account. Your use after the changes go into effect will constitute your acceptance of those changes. If you do not agree to the new terms, you may not be able to continue using your product with your Daywind Music Group account.

Contacting Us
If you have any questions about these terms, you can contact us.

Effective: January 4, 2023