Calliope provides a subscription service that allows our members to access entertainment content ("Calliope content") over Internet-connected mobile phones.

Calliope’s service is provided to you by Calliope Interactive. You have accepted these Terms of Use, which govern your use of our service. As used in these Terms of Use, "Calliope’s service", "our service" or "the service" means the service provided by Calliope for discovering and accessing Calliope content, including all features and functionalities, recommendations and reviews, our websites, and user interfaces, as well as all content and software associated with our service. References to ‘you’ in these Terms of Use indicate the member who created a Calliope account.

YOU AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN SECTION 17 TO RESOLVE ANY DISPUTES WITH CALLIOPE (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT).

1. BINDING CONTRACT

Your use of the Calliope’s website (“Site”) and applications, and all associated features, functionalities, user interfaces, content and proprietary software applications available within the Site (together with the Site, collectively, the “CalliopeService”), either directly or via Third-Party Services is governed by these Terms and the “Other Agreements” (as listed below). These Terms and the Other Agreements shall be collectively referred to as the “Service Agreement”. By accessing any Content or registering for an Account you accept to be bound by the Service Agreement, and confirm that any information you submit to Us is true, accurate and complete at all times. The Other Agreements comprise of:
Our Privacy Policy which describes how Calliope collects and processes personal data about you, how we use and protect this information and your rights in relation to this information.
Our Cookies Policy which describes what cookies are used on the Site, why they are used and how you can control their use;
Our Copyright Policy which describes how We respond to alleged claims of unauthorized use of copyrighted text, images or videos submitted or uploaded through the Services, or links to allegedly infringing material under the Digital Millennium Copyright Act (1998) ("DMCA"); and
Other additional terms that We may make available to you relating to particular Service Options, Payment Methods, or other service offerings or any other matters.
You represent and warrant that you are at least 18 years of age and of the age of majority in your state, territory or country of residence. Individuals under the age of 18 may only utilize the service with the involvement of a parent or legal guardian, under such person's account and otherwise subject to these Terms of Use.
You further acknowledge that use of Third-Party Services is subject to any applicable terms of use, policies, or other user agreements published by the Third-Party Service from time to time.

2. THE SERVICES

Subject to these Terms, We grant to you a limited, non-exclusive, non-transferable, revocable permission for personal, non-commercial use of the Services and Materials to:
access Content which is provided by Us; and
access, participate and/or engage in a community of users of the Services (“Users”) including by providing comments, ratings, reviews, collections and posts using methods provided and approved by Us, conditional on you agreeing and undertaking not to engage in any Prohibited Conduct.
The availability of the Content, and features, functionality or parts of the Calliope Service may vary by geographic location and will change from time to time at our sole discretion.
By using the Calliope Service, you may access Content that may be deemed offensive, indecent, explicit or objectionable. Our Content classification serves only as a recommendation and you acknowledge that We do not guarantee its accuracy. If any Content is identified as being restricted to Users of a particular age and above, you agree that by accessing such identified Content, you are of the applicable age to access the identified Content.
We may provide to you certain service options on the Calliope Service (“Service Options”) for free or for a charge, depending on your geographic location subject to limitations that may change from time to time. We may from time to time also offer special promotional plans, subscriptions or other services. We may modify, discontinue or otherwise change Our promotional offerings at any time in accordance with the Service Agreement.
To access the Calliope Service, you will need to use an internet-connected mobile device that meets requirements We establish from time to time (each, a “Compatible Device”).
We may modify or discontinue any part of or all the Calliope Service in Our sole discretion (including but not limited to any Service Options or Content), temporarily or permanently, and with or without notice to you, and We are not obliged to support or update the Calliope Service. You agree that We shall not be liable to you or any third-party in the event We exercise Our right to modify or discontinue any part of or all the Calliope Service. Unless explicitly stated otherwise, any new features that augment or enhance the Calliope Service shall be subject to the Service Agreement.

3. ACCOUNT

Registration of an account with Us for access to the Calliope Service (“Account”) must be made using your own email address or your own account with Third-Party Services authorized by Us or with your mobile phone number. An individual may only create one Account.
You are solely responsible for maintaining the confidentiality and security of your Account and password. You agree to accept responsibility for all activities that occur under your Account or password on any of your devices. You must immediately notify Us if you have reason to believe that your Account is no longer secure (e.g., in the event of hacking, loss, theft or unauthorized disclosure or use of your Account login, password or any Payment Method account number, if applicable). We are not responsible for any losses arising from any unauthorized use of your Account and you may be liable for the losses incurred by Us and/or others due to any unauthorized use of your Account.

4. BILLING, PAYMENTS AND REFUNDS

Unless otherwise specified by Us or Our authorized partners, the price for each Service Option is as set out on the Calliope App. The stated prices exclude and are subject to any excise, sales, use or like taxes that We may be required to collect or pay upon the sale or delivery of the Service Option purchased.
In the event we change the price and/or services offered within Service Options, we shall make a commercially reasonable attempt to inform you in advance of these changes where required by applicable law. By continuing to use the Calliope Service after the change(s) takes effect, you are deemed to have accepted and agreed to the changes. If you disagree with any pricing change, you have the right to reject the change by unsubscribing from the applicable Subscription Plan before the change comes into effect.
We may refuse or cancel your order of a Service Option for any reason, even if We have confirmed the receipt of your order and charged you for the order. We may at any time, and for any reason, provide a refund, discount, or other consideration to some or all Users who have purchased Service Options ("Credits"). The amount and form of such Credits, and the decision to provide them, are at Our sole discretion and may be subject to You taking reasonable steps to claim the Credits. The provision of Credits in one instance does not entitle you to Credits in the future for similar instances or under any other circumstance.
EXCEPT AS SPECIFIED IN THE SERVICE AGREEMENT AND TO THE EXTENT REQUIRED UNDER APPLICABLE LAW, PAYMENTS MADE TO US ARE NONREFUNDABLE AND NOT EXCHANGEABLE FOR CREDIT.
You may purchase Service Options using methods of payment accepted by Us as updated from time to time, which may include payment through your account with a third-party (“Payment Method”). Your chosen Payment Method may automatically connect you to a third-party payment processing portal hosted by a third-party payment processor. You expressly authorise Us to charge your Payment Method for the full amount of any Services Option(s) ordered in accordance with the Service Agreement. You acknowledge that some Payment Methods may charge fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. If a payment is not successfully settled, and you do not cancel your Account, We may rebill your Payment Method and/or may suspend your access to the Service Option until We have successfully charged a valid Payment Method for the full amount of the Service Option.
WE DO NOT COLLECT, ACCESS, STORE OR PROCESS ANY CREDIT OR DEBIT CARD INFORMATION EXCEPT TO THE LIMITED EXTENT PROVIDED IN OUR PRIVACY POLICY. PLEASE ALSO READ THE PRIVACY POLICY ON THE PAYMENT PROCESSOR'S WEBSITE REGARDING THE USE, STORAGE AND PROTECTION OF YOUR CREDIT OR DEBIT CARD INFORMATION BEFORE SUBMITTING ANY CREDIT OR DEBIT CARD INFORMATION.

5. TERM AND TERMINATION

The Service Agreement will continue to apply to you until terminated by either you or Us.
You agree that We, in Our sole discretion, and without penalty, may suspend, restrict, discontinue or bar your access to the Calliope Service at any time without prior notice (such as deactivating, cancelling and/or removing all or any part of your Account at any time), including in the event(s) of your actual or suspected unauthorised use of the Calliope Service and/or Content, your engagement or assistance in violating the rights (including intellectual property rights) of Us or your non-compliance with the Service Agreement.
If We suspend or discontinue your access to the Calliope Service, you agree that We will have no liability or responsibility to you or any third-party, and We will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies We may have at law or in equity.
You may delete your Account and discontinue use of the Calliope Service at any time. Your only remedy with respect to any dissatisfaction with: (A) the Calliope Service; (B) the Service Agreement; (C) any policy or practice of Ours in operating any part of the Calliope Service; or (D) any Content, is to terminate your Account.

6. CONDUCT

You agree not to engage in, authorize or enable personally or through third parties, any or all of the following prohibited conduct (each a “ Prohibited Conduct”) unless and to the extent expressly permitted under the Service Agreement:
copy, retransmit, archive, “rip”, record, reproduce, publish, license, disseminate, display or perform to the public, make available to the public, broadcast, re-use, re-post, offer for sale, exploit, transfer, broadcast, circulate or distribute all or part of the Content or otherwise access or make any use of the Calliope Service, Materials, not permitted by applicable law or which otherwise infringes the intellectual property rights in the Calliope Service, Materials or Subtitle Submissions or any part of it;
circumvent or disable any content protection system or digital rights management technology used in connection with the Calliope Service to control download, capture, copying, linking, framing, reproduction, access to, or distribution to Content;
use any technology or technique that obscures, hides or disguises your physical location when you are accessing the Calliope Service;
modify, adapt, translate, manipulate or create derivative works of all or part of any Materials;
use, reproduce, publish or display the Calliope Service, Materials and/or any portion thereof, in any manner that may give a false or misleading impression, attribution or statement as to Us or any third-party associated with or appearing in any Content;
post, publish, upload or otherwise submit any content that:
is confidential, invasive of privacy or publicity rights, false, unlawful, misleading, fraudulent, threatening, abusive, harassing, libellous, defamatory, discriminatory, obscene, inciteful, scandalous, pornographic, indecent or profane;
is in Our sole and absolute judgment inappropriate or objectionable or which restricts any other person from using or enjoying any part of the Calliope Service, or which may expose the Indemnified Parties to any harm or liability; or
conflicts with the Service Agreement, as determined by Us in our sole discretion;
impersonate or misrepresent your affiliation with any person or entity, falsely claim an affiliation with any person or entity, or access the Accounts of other Users without permission, forge another person's digital signature, misrepresent the source, identity, or content of information transmitted via the Calliope Service, or perform any other similar fraudulent activity;
obtain or attempt to obtain any Materials through any means not intentionally made available or provided for through the Calliope Service;
alter or remove any copyright, trademark or other intellectual property rights notices or other proprietary rights contained in the Materials or the Calliope Service or provided through the Calliope Service (including for the purposes of disguising or changing any indications of the ownership or source of any Materials);
use the Calliope Service for any commercial (including but not limited to any advertising or solicitation) or illegal purpose, public performance or in violation of any applicable law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy;
use any other person’s Account login, password and/or Account;
use technology or other means to access, index, frame or link to the Calliope Service (including the Content) that is not authorized by Us (including by removing, bypassing, circumventing, altering, disabling, damaging, thwarting or otherwise interfering with: (i) security-related mechanisms of the Calliope Service;; or (ii) any other features that enforce limitations on the use of the Calliope Service or Content;
reverse engineer, decompile, disassemble or otherwise attempt to discover, use any software, source code, or other products or processes accessible through the Calliope Service or any part thereof (including any application programming interface (API)), or create derivative works of the Calliope Service, Content, or any part thereof, except to the extent permitted by applicable law;
use any data mining, data gather or extraction method in conjunction with any part of the Calliope Service;
use “crawling” or any automated means (including web robots, web scutters, scraper and indexers) to view, access or collect information from Us, other Users or any part of the Calliope Service; provided, however, that general purpose internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Site are granted a limited exception from the foregoing exclusion, provided that they do so from a stable IP address or range of IP addresses using an easily-identifiable agent; or
use or interfere with any part of the Calliope Service in any manner that could damage, disable, overburden, or impair the Calliope Service or interfere with any User’s enjoyment of the Calliope Service, including uploading or otherwise disseminating any worms, viruses, Trojan horses, adware, spyware, or other malicious, disruptive or corrupted files, data, code or programs.

7. INTELLECTUAL PROPERTY OWNERSHIP

Unless otherwise specified by Us, the Calliope Service, and all material available via the Calliope Service, including, but not limited to, the Content, copyright, trademarks, service marks, trade names, trade dress, and other intellectual property rights of the Calliope Service (collectively, the "Materials") are owned by Us, and are protected under copyright, trademark and other intellectual property and proprietary rights laws. As between Us and you, all right, title and interest in and to the Materials will at all times remain with Us, and may not be used or reproduced without prior written approval from Us.
We prohibit any and all activities, including but not limited to use of the Calliope Service, Materials which infringes the intellectual property rights of Us and other third parties. Violators may be subject to criminal and civil liability, and We reserve all rights and remedies against any User who violates the Service Agreement.
We are committed to respecting and protecting the legal rights of copyright owners. As such, and where applicable, We comply with Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.). If you believe any of the Content infringes upon your intellectual property rights, please notify us in accordance with Our Copyright Policy.

8. WARRANTY DISCLAIMERS

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE INDEMNIFIED PARTIES DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE CALLIOPE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
ACKNOWLEDGE AND AGREE TO THE ESSENTIAL CONDITIONS THAT: (A) USE OF THE CALLIOPE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM SUCH USE OF THE CALLIOPE SERVICES; AND (B) THE CALLIOPE SERVICE, THE MATERIALS AND FEATURES CONTAINED THEREIN AND THROUGH COMPATIBLE DEVICES ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. THE SERVICE AGREEMENT WILL NOT LIMIT ANY NON-WAIVERABLE WARRANTIES OR CONSUMER PROTECTION RIGHTS THAT YOU MAY BE ENTITLED TO UNDER THE LAWS OF YOUR COUNTRY OF RESIDENCE.
THE INDEMNIFIED PARTIES DO NOT WARRANT THAT THE CALLIOPE SERVICE, THE MATERIALS AND FEATURES CONTAINED THEREIN AND THROUGH COMPATIBLE DEVICES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.

9. LIMITATIONS OF LIABILITY AND DAMAGES

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL THE INDEMNIFIED PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THE SERVICE AGREEMENT OR THAT RESULT FROM YOUR USE OF OR YOUR INABILITY TO USE THE CALLIOPE SERVICE, OR ANY OTHER INTERACTIONS WITH US, EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL THE INDEMNIFIED PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE SERVICE AGREEMENT OR YOUR USE OF THE CALLIOPE SERVICE OR YOUR INTERACTION WITH OTHER USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE CALLIOPE SERVICE DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED UNITED STATES DOLLARS, WHICHEVER IS GREATER.
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR FEATURES RELATING TO THE CALLIOPE SERVICE AS ADVERTISED, SOLD OR PROVIDED BY ANY THIRD-PARTIES, AND RECEIVED THROUGH THE THIRD-PARTY AND/OR THE CALLIOPE SERVICE AS AUTHORIZED BY US.
YOU ACKNOWLEDGE AND AGREE THAT WE HAVE MADE AVAILABLE AND OFFERED THE CALLIOPE SERVICE AND SERVICE OPTIONS, SET OUR PRICES, AND ENTERED INTO THE SERVICE AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND US, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND US. WE WOULD NOT BE ABLE TO PROVIDE THE CALLIOPE SERVICE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
THIS SECTION 14 APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

10. INDEMNIFICATION

You agree to indemnify, save, and hold the Indemnified Parties harmless from any claims, losses, damages, liabilities, costs, including legal fees, expenses and other losses, arising out of your use or misuse of the Calliope Service, any violation by you of the Service Agreement, or any breach of the representations, warranties, and covenants made by you herein. We may, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Us, and you agree to cooperate with Our defense of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

11. CONSENT TO ELECTRONIC COMMUNICATION AND SERVICE

By using the Calliope Service, you consent to receive certain communications from Us including via electronic mail or other forms of electronic communication. These communications may include notices about your Account (such as confirmation e-mails and other transactional information) and information concerning or related to the Calliope Service.You agree that any notice, agreements, disclosure or other communications relating to your Account, the Calliope Service or any part thereof (including any legal service of process or similar document related to any claim that you have used the Calliope Service to engage in any Prohibited Conduct) that We send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

12. ENTIRE AGREEMENT

Other than as stated in this Section 12 or as explicitly agreed upon in writing between you and Us, the Service Agreement constitutes all the terms and conditions you and Us agree upon, and supersedes any prior agreements in relation to the subject matter of the Service Agreement, whether written or oral. For avoidance of doubt, our customer service representatives are not authorized to modify the Service Agreement, either verbally or in writing.
If any of your use of the Calliope Service are governed by any Other Agreements, and to the extent that there is any irreconcilable conflict between any such Other Agreements and these Terms, the Other Agreements shall prevail.
Except as otherwise required by law, the controlling language of these Terms is the English language.

13. SEVERABILITY

Unless as otherwise stated in these Terms, if any provision(s) of these Terms shall be held to be invalid, illegal or unenforceable for any reason or to any extent, such invalidity, illegality or unenforceability shall not affect or render invalid, illegal or unenforceable the remaining provisions of these Terms. The application of the remaining provisions shall be enforced to the maximum extent permitted by applicable law.

14. ASSIGNMENT

These Terms, and any permissions granted hereunder, may not be transferred or assigned by you, but may be assigned by Us without restriction.

15. CHANGES TO TERMS

We may unilaterally revise and amend these Terms at any time. We recommend you check these Terms periodically and take note of when the Terms were last updated as first stated above. By using the Calliope Service following any revised Terms taking effect, you are deemed to have accepted and agree to be bound by the revised Terms.
If, and only if, We make material revisions to these Terms, We will make a commercially reasonable attempt to inform you of the changes at least 30 days prior to such changes applying to you. If you disagree with the revised Terms, you must discontinue using the Calliope Service and your sole remedy is set out in Section 5

16. CHOICE OF LAW AND FORUM

This Agreement, and all claims or causes of action (whether in contract, tort or statute) that may be based upon, arise out of or relate to this Agreement, or the negotiation, execution or performance of this Agreement (including any claim or cause of action based upon, arising out of or related to any representation or warranty made in or in connection with this Agreement or as an inducement to enter into this Agreement), shall be governed by, and enforced in accordance with, the internal laws of the State of Delaware, including its statutes of limitations, without regard to any borrowing statute that would result in the application of the statute of limitations of any other jurisdiction.

17. CLASS ACTION WAIVER

Where permitted under applicable law, you and Us 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 purposed class or representative proceeding. Further when permitted under applicable law, unless both you and Us agree otherwise, the court may not consolidate more than one person’s claim with your claims, and may not otherwise preside over any form of a representative or class proceeding.

18. CONTACT US

If you have other questions or comments regarding these Terms or seek general assistance on the Calliope Service, please contact Us here.

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