IMPORTANT! PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SERVICE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, WAIVERS OF RIGHTS, LIMITATION OF LIABILITY, AND YOUR INDEMNITY TO US, AND THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN COURTS OR JURY TRIALS, AND LIMITS THE REMEDIES AVAILABLE IN THE EVENT OF A DISPUTE. Access to and use of this website, service or other application (collectively the “Service”, “MK World Service” or “MK World”) is provided by MK World, Inc. (“MK World”, “us” or “we”) subject to the following terms:
Welcome to MK World! We are a subscription service that provides our members with access to motion pictures, television and other audio-visual entertainment (“movies & TV shows”) streamed over the Internet to certain Internet-connected TV’s, and other devices
(“MK World ready devices”).
- The MK World service is provided by MK World, Inc., or one of its affiliated companies. Check back as the service provider may change from time to time.
- Communication Preferences
By using the MK World service, you consent to receiving electronic communications from MK World relating to your account. These communications may involve sending emails to your email address provided during registration, or posting communications on the MK World service, or in the “Your 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 MK World. 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 MK World features and content, special offers, promotional announcements and customer surveys via email or other methods.
- Membership, Free Trials, Billing and Cancellation
- Membership. Ongoing Membership. Your MK World 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 MK World service. We will bill the monthly membership fee to your Payment Method. You must cancel your membership before it renews each month in order to avoid billing of the next month’s membership fees to your Payment Method.
- Free Trials
- Your MK World membership may start with a free trial. The free trial period of your membership lasts for Thirty (30) 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. MK World reserves the right, in its absolute discretion, to determine your free trial eligibility.
- We will begin billing your Payment Method for monthly membership fees 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 login page and login to your account. 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.
iii. 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. LOGIN TO YOUR ACCOUNT ON THE MK WORLD LOGIN PAGE (subscribe.mkworld.tv) TO FIND CANCELLATION INSTRUCTIONS. We will continue to bill your Payment Method on a monthly basis for your membership fee until you cancel.
- Recurring Billing. By starting your MK World membership and providing or designating a Payment Method, you authorize us to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the MK World service to your Payment Method. You acknowledge that the amount billed each month 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.
iii. Billing Cycle. The membership fee for our service will be billed at the beginning of the paying portion of your membership and each month thereafter unless and until you cancel your membership. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership.
Membership fees are fully earned upon payment.
No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the
future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
- Payment Methods. You may edit your Payment Method information by logging in to your account on the login page (subscribe.mkworld.tv), and clicking on the “Upgrade Plan” link. 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.
- Cancellation. You may cancel your MK World membership at anytime however as soon as you unsubscribe, your services will be terminated. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL MONTH MEMBERSHIP PERIODS OR UNWATCHED MOVIES OR TV SHOWS. To cancel, login to your account on our login page (subscribe.mkworld.tv) and click on the “Cancel Plan” link. If you signed up for MK World using your account with a third party as a Payment Method, and wish to cancel your MK World membership at any time, including during your free trial, you may need to do so through such third party, including by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from, the MK World service through that third party. You may also find billing information about your MK World membership by visiting your account with the applicable third party.
- MK World Service
- The MK World service, and any content viewed through our service, are for your personal and non-commercial use only. During your MK World membership, we grant you a limited, non-exclusive, non-transferable, license to access the MK World 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.
You may view a movie or TV show through the MK World 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 watch will vary by geographic location. MK World will use technologies to verify your geographic location. THE NUMBER OF DEVICES ON WHICH YOU MAY SIMULTANEOUSLY WATCH IS LIMITED. Login to your account on our login page (subscribe.mkworld.tv) and go to the “Devices Associated” link to see which of your devices are associated. Go to the “Logout Devices” page to logout one or more of your devices. The number of devices available for use and the simultaneous streams may change from time to time at our discretion.
- We continually update the MK World 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.
- The availability of movies & TV shows to watch will change from time to time, and from country to country. The quality of the display of the streaming movies & TV shows 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. MK World makes no representations or warranties about the quality of your watching experience 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 MK World ready device.
- MK World streaming software is developed by, or for, MK World and is designed to enable streaming of content from MK World through MK World 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 RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING,
UPDATED VERSIONS OF THE MK WORLD 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 MK World service. If your MK World ready device is sold, lost or stolen, please logout the MK World ready device. If you fail to log out or deactivate your device, subsequent users may access the MK World service through your account and may be able to access certain of your account information. To logout a device, login to your account on our login page (subscribe.mkworld.tv) and go to the “Logout Devices” page.
- Passwords & Account Access
- The member who created the MK World account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over the MK World account. The Account Owner’s control is exercised through 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 MK World Customer Service 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.
- In order to provide you with ease of access to your account and to help administer the MK World service, MK World 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 MK World service, which includes accessing via MK World 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 MK World website and not through a hyperlink in an email or any other electronic communication, even if it looks official. MK World 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. MK World is not obligated to credit or discount a membership for holds placed on the account by either a representative of MK World or by the automated processes of MK World.
You agree to fully indemnify, defend, and hold MK World, our licensors, suppliers, agents, successors, and assigns and our and their directors, officers, employees, consultants, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and other expenses that arise directly or indirectly out of or from: (a) your breach of this Agreement; (b) any allegation that any Content you submit to us or transmit to the Services infringes or otherwise violates the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party and/or causes damage to any third party; (c) your activities in connection with the Services or other websites to which the Services are linked; and/or (d) your willful misconduct or gross negligence. This defense and indemnification obligation will survive this Agreement and your use of the Services.
- Disclaimers of Warranties and Limitations on Liability
- THE MK WORLD SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE MK WORLD SERVICE, ARE
PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. MK WORLD DOES NOT GUARANTEE, REPRESENT,
OR WARRANT THAT YOUR USE OF THE MK WORLD SERVICE WILL BE UNINTERRUPTED OR ERRORFREE. MK WORLD SPECIFICALLY DISCLAIMS
LIABILITY FOR THE USE OF APPLICATIONS, MK WORLD READY DEVICES, AND MK WORLD SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).
- TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL MK WORLD, 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. 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
- Intellectual Property
- Copyright. The MK World service, including all content provided on the MK World service, is protected by copyright, trade secret or other intellectual property laws and treaties.
- Trademarks. MK World is a registered trademark of MK World, Inc.
- 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 MK World service, please notify us by completing the Copyright Infringement Claims form (www.mkworld.tv/copyright).
- Governing Law, Venue and Jurisdiction
Unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, these Agreements are subject to the law of the State of California, United States, without regard to choice or conflicts of law principles. Further, you and MK World agree to the exclusive jurisdiction of the state and federal courts in San Francisco County, California to resolve any dispute, claim or controversy that arises in connection with these Agreements. If you are a United States user, the mandatory arbitration provisions in section 15 below also apply to you.
You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) (“Application(s)”) that interact with the
MK World service. These Applications may import data related to your MK World account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and MK World is not responsible for such Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO WITH OR SPONSORED BY MK WORLD 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
MK World 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 MK World service, including the MK World 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 MK World 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 MK World 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 MK World. 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 MK World 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.
- Customer Support
- Arbitration Agreement
- If you elect to seek arbitration or file a small claim court action, you must first send to MK World, by certified mail, a written Notice of your claim (“Notice”). The Notice to
MK World must be addressed to: General Counsel, MK World, Inc., 5880 W. Las Positas Blvd., Suite 37, Pleasanton, CA 94588 (“Notice Address”). If MK World 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 MK World, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If MK World and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or MK World may commence an arbitration proceeding or file a claim in small claims court. 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 MK World receives notice at the Notice Address that you have commenced arbitration, MK World 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.
- 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 MK World and you agree otherwise, any arbitration hearings will take place in the county of San Francisco, California.
- 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 MK World’s last written settlement offer made before an arbitrator was selected (or if MK World did not make a settlement offer before an arbitrator was selected), then MK World 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 MK WORLD 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 MK World 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.
- Entire Agreement
Last updated: September 10, 2015