Terms of Use
These Terms of Use (the “Terms“) govern your use of all web sites or mobile web sites owned or operated by Ovation LLC (“Ovation”), including the web site currently located at ovationtv.com (the “Site“), any applications (e.g., iPhone applications, iPad applications, Android applications, etc.) offered by Ovation, and any other applications, interactive features, blogs, social media platforms, widgets and resources offered by Ovation through traditional Internet websites, mobile devices or other platforms (all of which are collectively referred to as the “Services”). By using the Services, you agree to these Terms.
1. Eligibility
You must be at least 18 years old and legally capable of agreeing to this Terms of Use to use the Site or the Services.
2. Additional Terms
Your use of certain Services may be subject to additional terms and conditions (“Additional Terms”). If Additional Terms apply to a Service (for example, in connection with a promotion, contest, or ecommerce offering), we will make them available for you to read through your use of that Service. By using the Services, you agree to the Additional Terms.
3. Use of the Site and Services
You are responsible for your use of the Services. At Ovation, our goal is to create a positive and safe community experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to Ovation. When you use the Services, you may not:
– violate any law or regulation;
– violate or infringe other people’s intellectual property, privacy, publicity, or other legal rights, particularly by interfering, disrupting, or attempting to gain unauthorized access to other accounts on the Services or any other computer network or to portions of the Services that are restricted;
– transmit anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
– send unsolicited or unauthorized advertising or commercial communications, such as spam;
– disseminate, store, or transmit viruses, trojan horses or any other malicious or unsolicited software;
– stalk, harass, or harm another individual;
– impersonate or misrepresent your affiliation with someone else, create a false identity or otherwise attempt to mislead any person as to the identity or origin of any communication;
– use any means to “scrape,” “crawl,” or “spider” any Web pages contained in the Site or other Services (although Ovation may allow operators of public search engines to use spiders to index materials from the Services for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials, and Ovation reserves the right to revoke these exceptions either generally or in specific cases);
– use automated methods to use the Services in a manner that sends more requests to the Ovation servers in a given period of time than a human can reasonably produce in the same period by using a conventional Web browser; or
– interfere with or disrupt the Services.
4. User Content
You own all content and information you post or share using the Services (referred to as “User Content”), such as posting or sharing recommendations or comments, photos, and profile information. You give Ovation permission to use your User Content as follows: you grant to Ovation and its affiliates a license to use, copy, display, and perform your User Content in connection with the Site and Services. We may display advertisements in connection with your User Content or on pages where your User Content may be viewed by you or others and we may use your User Content to advertise and promote Ovation or the Services. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. Our license to your User Content is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights anywhere in the world. Finally, our license is perpetual, meaning that our license lasts for an indefinite period of time.
You promise that:
– you own all rights to your User Content or, alternatively, that you have the right to give Ovation the rights described above;
– you have paid and will pay in full any fees or other payments that may be related to the use of your User Content; and
– your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
We may refuse to accept or transmit User Content. We may remove User Content from the Site or Services for any reason.
In addition, when you post a review or any other comment regarding our Services, community or any other product or service, you agree to disclose all material connections you may have in relation to the subject of your comment. A “material connection” is one that could influence the weight or credibility another person would give to the communications or messages made by you.
5. Ownership
Other than User Content, we own or license the content on the Site and Services, including, but not limited to, all software, text, images, videos, and other visual and audio-visual content (“Content”); Ovation trademarks, trade names, logos, and brand elements (“Ovation Marks”); and the trademarks, trade names, logos and brand elements of third party products and services that may be offered on the Site or through the Services (“Third-Party Marks”). The Content, Ovation Marks and Third-Party Marks (collectively “Materials”) are protected under U.S. and international laws. The posting of Materials in the Services by Ovation does not constitute a waiver of any rights in such Materials. We reserve the right in our sole discretion to edit or delete any Materials without notice. Any reproduction, copying or redistribution for commercial purposes of the Materials or design elements of the Web Site is strictly prohibited without the express written consent of Ovation or its owner if Ovation is not the owner.
6. Feedback and Submissions
Except as described below with respect to Submissions, we welcome and appreciate your feedback and suggestions about the Services. You understand that we cannot necessarily respond to or implement feedback or suggestions, but if we do, you understand and agree that we may use them without compensation to you.
While we welcome feedback about the Services, we do not accept unsolicited submissions for programming, web site content and other content or products (“Submissions”) and we cannot review your Submissions. Ovation has adopted this policy to avoid misunderstandings about projects Ovation develops, which may appear to be similar to someone else’s idea, suggestion or material. If you choose to provide a Submission to Ovation despite our policy, Ovation will not treat any submission as confidential. Ovation will not be liable for any use or disclosure of that Submission to any third party or for loss of any material submitted and may use such Submission for any purpose. By providing a Submission, you acknowledge that the material may be identical with or similar to themes, plots, ideas, formats, or other elements that Ovation has independently developed or that has or may come to Ovation from other sources. You represent and warrant that the Submission is wholly original to you and its use will not violate the rights, common law or otherwise, of any kind or nature whatsoever of any third party or entity. Any Submission will become the sole property of Ovation and will not be returned to you and Ovation shall not be required to respond to any Submission received. You agree that you are not entitled to any compensation by reason of Ovation’s use of the Submission or any similar or identical material.
7. Digital Millennium Copyright Act
Ovation respects the intellectual property rights of others. Upon proper notice, Ovation will remove User Content or other applicable content that violates copyright law and terminate the accounts of repeat infringers. Pursuant to 17 U.S.C. §512, Ovation has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your work has been copied in a way that constitutes copyright infringement, please send Ovation’ copyright agent (listed below) a notification of claimed infringement with all of the following information:
– identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
– identification of the claimed infringing material and information reasonably sufficient to permit Ovation to locate the material on the Site;
– information reasonably sufficient to permit Ovation to contact you, such as an address, telephone number, and, if available, an email address;
– a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
– a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
– your physical or electronic signature.
Please send all of the above enumerated information to the following copyright agent:
Ovation, LLCc/o UP Entertainment, LLC
1510 Ellsworth Industrial Blvd. NW, Suite 40
Atlanta, GA 30318
Attn: Legal Department/Copyright Agent
E-Mail: copyright@ovationtv.com
Please do not send notices or inquiries unrelated to alleged copyright infringement to the designated agent.
8. Privacy
Ovation respects your privacy. Our Privacy Policy explains how we collect, use, and disclose information about you.
9. Links
Our Site and Services may contain links to other Web sites. A link to a third party’s Web site does not mean that we endorse it or that we are affiliated with it. We are not responsible or liable for any damage or loss related to the use of any third-party Web site. You should always read the terms and conditions and privacy policy of a third-party Web site before using it.
10. Changes and Corrections to the Site or Services
Ovation enhances and updates its Site and Services often. We may change or discontinue the Site or any Services, with or without notice to you. Ovation reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
11. Termination
We reserve the right not to provide the Services to any user. We also reserve the right to terminate any user’s right to access any of Services at any time, in our discretion. If you violate any of these Terms, your permission to use the Services automatically terminates.
12. Disclaimer and Limitations on Our Liability
YOU USE THE SITE AND SERVICES AT YOUR OWN RISK. THE SITE AND SERVICES AND ALL CONTENT AND OTHER PRODUCTS AND SERVICES AVAILABLE THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OVATION AND ITS OFFICERS, DIRECTORS EMPLOYEES, MANAGERS, MEMBERS, PARENTS, SUBSIDIARIES, CORPORATE AFFILIATES, AGENTS, AND LICENSORS (REFERRED TO COLLECTIVELY AS “AFFILIATES“) DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND SERVICES (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR ARISING OUT OF OR IN THE COURSE OF CONDUCT, TRADE, CUSTOM OR USAGE).
IN PARTICULAR, OVATION AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE OR SERVICES (INCLUDING, WITHOUT LIMITATION, ANY USER CONTENT AVAILABLE ON OR THROUGH THE SITE OR SERVICES) OR THE CONTENT OF ANY WEB SITES OR RESOURCES LINKED TO THE SITE OR SERVICES. OVATION AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE OR SERVICES; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL OR FINANCIAL INFORMATION; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE OR SERVICES; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SITE OR SERVICES BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SITE OR SERVICES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER OVATION NOR ITS AFFILIATES WILL BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO USE OF THE SITE OR SERVICES.
To the extent Ovation may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Ovation’ liability will be the minimum permitted under such law.
13. Indemnification
You agree to indemnify, defend, and hold harmless Ovation and its Affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, fees of any kind (including reasonable attorneys’ fees and legal costs), arising from or relating to: (a) any information (including your User Content, feedback, or any other content) that you submit, post, or transmit through the Services; (b) your use of the Services by you; (c) your violation of these Terms; or (d) the violation of any rights of any third party, including intellectual property, privacy, publicity, or other proprietary rights by you. Ovation reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. If we do assume the defense of such a matter, you will reasonably cooperate with Ovation in such defense.
14. Notice, Communication, and SMS Policy
By providing your mobile phone number and agreeing to the Terms, you consent to receiving electronic communications (including without limitation SMS or MMS) from us or our authorized partners for marketing and transactional purposes. These communications may involve without limitation sending SMS messages to the phone number you provide to us and emails to the email address you provide to us, and are part of your relationship with Ovation.
You can revoke your consent to receive marketing messages via SMS or MMS by replying “STOP” to any message. You can revoke your consent to receive marketing messages via email by clicking unsubscribe on any message. You can also revoke your consent to receive marketing messages via SMS/MMS and email by contacting us at privacy@ovationtv.com.
You acknowledge that opting out of marketing messages does not affect our right to send you transactional and account-related messages.
You acknowledge standard messaging and/or data rates may apply for each message sent or received from your handset or other applicable device according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges) and may appear on your mobile device bill or be deducted from your prepaid account balance. Wireless carriers’ rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges.
You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing, and you acknowledge that we recommend that you save a paper or electronic copy of such communications. You acknowledge that you are responsible for maintaining the accuracy of your user information, including your email address, and that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements even if your email address is no longer accurate when the electronic communication is sent to you.
15. Binding Arbitration and Class Action Waiver
PLEASE READ THIS PROVISION CAREFULLY—YOU ARE AGREEING TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND INCLUDE A CLASS ACTION WAIVER AND JURY TRIAL WAIVER.
There may be instances in which disputes arise between us. You, on the one hand, and Ovation on the other hand, agree to resolve, by binding individual arbitration, all Disputes (including any related disputes involving Ovation or its affiliates) except for: (i) any claim within the jurisdiction of a small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is an individual dispute and not a class action; and (ii) any dispute relating to the ownership or enforcement of intellectual property rights.
“Dispute” includes any claim, dispute, action, or other controversy, whether based on past, present, or future events, whether based in contract, tort, statute, or common law, between you and us concerning the Services, or this exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or the formation of this contract, including, without limitation, the arbitrability of any dispute, and any claim that all or any part of this Agreement is void or voidable.
YOU AND OVATION AGREE TO WAIVE CLASS ACTION PROCEDURES.
No party will seek to have a dispute heard as a class action or private attorney general action or in any other proceeding in which any party acts or proposes to act in a representative capacity. You and we agree not to, and expressly waive any right to, file a class action or seek relief on a class basis. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the applicable arbitrations or proceedings. If this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead, all Disputes will be resolved in a court.
(a) Small Claims Court. Subject to applicable jurisdictional requirements, you or we may elect to pursue a Dispute in a local small claims court rather than through the informal dispute resolution process described below or arbitration, so long as the matter remains in small claims court and proceeds only on an individual basis. If a party has already submitted an arbitration demand, the other party may, in its sole discretion, inform the arbitral forum that it chooses to have the Dispute heard in small claims court. At that time, the arbitral forum will close the arbitration and the Dispute will be heard in the appropriate small claims court, with no fees due from the arbitration respondent.
(b) Pre-Arbitration Informal Dispute Resolution. In the event of a Dispute, you and we agree to attempt to avoid the costs of formal dispute resolution by giving each party a full and fair opportunity to address and resolve the Dispute informally. Except for those Disputes eligible to be resolved in small claims court, the claiming party must send to the other party a notice of a Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving the notice, detailed factual information sufficient to evaluate the merits of the claiming party’s individualized claim, and the specific relief sought, including whatever amount of money is demanded and the means by which the demanding party calculated the claimed damages. You must send any notice of a Dispute to Ovation, LLC c/o UP Entertainment, LLC 1510 Ellsworth Industrial Blvd. NW, Suite 40, Atlanta, Georgia 30318, Attention: Legal and Business Affairs. We will send any notice of a Dispute to you at the contact information we have available for you in connection with your Service account. You and we will attempt to resolve a Dispute through informal negotiation within sixty (60) days beginning from the date the notice of a Dispute is sent. This informal negotiation requires an individual meet-and-confer in person, or via teleconference or videoconference, that addresses only the Dispute between you and us (the “Conference”). If you are represented by counsel, your counsel may participate in the Conference, but you will also need to individually participate. Ovation will participate in the Conference through one or more representatives, which may include our counsel. After the end of the sixty (60) day informal negotiation period and not before, and only after the completion of the Conference with respect to a claim, you or we may commence an arbitration proceeding regarding that claim. Nothing in this paragraph is intended to prohibit the parties from engaging in informal communications to resolve the initiating party’s claims before, during, or after any Conference or filing in small claims court. Each party agrees that a court may enter injunctive relief to enforce the pre-filing requirements of this paragraph, including an injunction to stay an arbitration that has been commenced in violation of this paragraph.
(c) Arbitration Process and Rules. If you and we do not resolve a Dispute by informal negotiation or in small claims court, the dispute shall be resolved by binding arbitration. The arbitration demand must be accompanied by a certification personally signed by you (and your attorney, if you are represented by legal counsel) if you are initiating the arbitration or by representative of Ovation (and our attorney, if we are represented by counsel) if we initiate the arbitration. Such statement must state that you or we, as applicable, satisfied the pre-arbitration informal dispute resolution process. By signing the certification, the attorney represents that to the best of their information, knowledge, and belief, formed after a reasonable inquiry that: (1) the arbitration demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims or other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after reasonable opportunity for further investigation or discovery. If the arbitrator finds that either the substance of a claim or the relief sought violate the representation requirements of Federal Rule of Civil Procedure 11, to the extent permitted by law, the arbitrator shall have the same power to award sanctions consistent with that rule.
The Federal Arbitration Act, 9 U.S.C. §§ 1–16, including its procedural provisions, and not state law, governs the interpretation and enforcement of this arbitration agreement. Any demand for arbitration must be filed with National Arbitration and Mediation (“NAM”) (https:/www.namadr.com/) or Miles Mediation and Arbitration (https:/www.milesmediation.com/). The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with this Agreement. The arbitration will be conducted by a single, neutral arbitrator. Arbitration may be conducted in person, through the submission of documents, by phone, or online. Proceedings that cannot be conducted through the submission of documents, by phone, or online, will take place in Atlanta, Georgia; provided, however, that if you can demonstrate that arbitration in Atlanta would create an undue burden to you, the arbitrator may hold an in-person hearing in your hometown area. You and Ovation agree to submit to the exclusive jurisdiction of the federal or state courts located in Atlanta, Georgia, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The arbitrator may award damages to either party individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy such party’s individual claim.
(d) Fees. If we initiate an arbitration against you, we will pay all costs associated with the arbitration, including the entire filing fee. If you are the party initiating an arbitration, you will be responsible for the nonrefundable initial filing fee and other applicable fees, as required by NAM or Miles Mediation and Arbitration. NAM permits any person to request information as to fees for its services at https:/iww.namadr.com/info-request-form/?request_type=Standard_Fees_and_Costs. Miles Mediation and Arbitration fees can be found at https://milesmediation.com/rate-and-fee-schedule/https://milesmediation.com/rate-and-fee-schedule/.
You and Ovation agree that we have a shared interest in reducing the fees and costs and increasing the efficiencies associated with arbitration. You and Ovation agree that the parties (and your and our counsel, if you and we are represented by legal counsel) will work together in good faith to ensure that arbitration remains cost-effective for all parties.
Notwithstanding anything to the contrary herein, if Ovation is required to pay your portion of the arbitration fee for this arbitration agreement to be enforceable, it shall do so.
(e) Settlement Offers and Offers of Judgment. At least ten (10) calendar days before the date set for an arbitration hearing with respect to a Dispute, you or we may serve a written offer of judgment on the other party to allow judgment on specified terms. If the offer is accepted, the offer with proof of acceptance shall be submitted to the arbitrator, who shall enter judgment accordingly. If the offer is not accepted prior to the arbitration hearing or within thirty (30) calendar days after it is made, whichever is first, it shall be deemed withdrawn and cannot be given as evidence in the arbitration. If an offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover their post-offer costs and shall pay the offering party’s costs (including all fees paid to the arbitral forum) from the time of the offer.
(f) Arbitration Agreement Survival. If any part or parts of this arbitration agreement are found under the law to be invalid or unenforceable, then such specific part or parts will be of no force and effect and will be severed and the remainder of the arbitration agreement will continue in full force and effect. This arbitration agreement will survive the termination of your relationship with Ovation, including any revocation of consent or other action by you to end your participation in the Services or any communication with us.
(g) Opt-out. You may opt out of this arbitration agreement via mail. If you do so, neither party can force the other party to arbitrate. To opt out, you must notify us in writing no later than thirty (30) calendar days after first becoming subject to this arbitration agreement; otherwise, you shall be bound to arbitrate Disputes on a non-class basis in accordance with this Agreement. If you opt out of only the arbitration provisions, and not also the class action waiver, the class action waiver still applies. You may not opt out of only the class action waiver and not also the arbitration provisions. Your opt-out notice must include your name and address, the email address you used to set up your Service account (if you have one), and an unequivocal statement that you want to opt out of this arbitration agreement (and, if applicable, that you want to opt out of the class action waiver). You must mail your opt-out notice to Ovation, LLC Opt-Out, c/o UP Entertainment, LLC 1510 Ellsworth Industrial Blvd. NW, Suite 40, Atlanta, Georgia 30318. For clarity, opt-out notices submitted via email will not be effective.
If you have questions or concerns about the meaning of any provision of this arbitration agreement, please feel free to seek the counsel of an attorney. We thank you for understanding why it is important that we agree on the process for addressing disputes.
16. Other Provisions
Under no circumstances will Ovation be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond its reasonable control.
These Terms will be governed by and construed in accordance with the laws of the State of Georgia, without giving effect to any conflict or choice of laws rules or provisions.
If any provision of these Terms is found to be unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity or enforceability of any remaining provisions.
The failure of Ovation to enforce any right or provision of these Terms will not prevent Ovation from enforcing such right or provision in the future.
We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, a sale of assets or by operation of law.
17. Changes to these Terms
From time to time, we may change these Terms. If we change these Terms, we will inform you by posting the revised Terms on the Site. Those changes will go into effect on the Revision Date shown in the revised Terms. By continuing to use our Site or Services, you agree to the revised Terms. If you object to any such changes, your sole recourse shall be to cease using the Site and/or Services.
Revised: March 9, 2026