Terms of Service

Best Arms Ever Terms of Use

Best Arms Ever (“us”, “our”, “BAE”, or “we”) provides this web site to you under the following terms and conditions (“Terms of Use”). Our Privacy Policy, which explains how we collect and use information from visitors to our web site (“Visitors”), is incorporated by reference in these Terms of Use.  By using our web site (“Site”) or submitting any information to us, you consent to and agree to be bound by these Terms of Use and our Privacy Policy.  

Our web site can be accessed from the domain name: https://bestarmsever.com

Account Registration

In order to access certain features of the Site you must register to create an account (“Account”).  You must complete the registration process by providing us with current, complete and accurate information. You will also choose a password and a username. You are entirely responsible for maintaining the confidentiality of your password and account.  You agree to notify us immediately of any unauthorized use of your account or any other breach of security. You will not share your password, let anyone else access your Account, or do anything else that might jeopardize the security of your Account.  You will not transfer your Account to anyone without first getting our written permission.

General Guidelines

You are wholly responsible for any and all activity related to your account.  You warrant and represent that all information that you provide to us or through the Site is accurate, compete and truthful.  We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.  

We grant you a limited, non-exclusive, non-transferrable license to view, copy, print and distribute content on the Site for personal, non-commercial purposes.  We grant the operators of public search engines a limited, non-exclusive, non-transferrable license to copy materials from the Site for the purpose of creating publicly available, searchable indices of Site content.  

We reserve the right to terminate or limit your access to the Site and/or the licenses granted herein for any reason and in our sole discretion.  You agree not to modify, damage, disrupt, disable, overburden, impair, alter or interfere with the use, features, functions, operation, security or maintenance of the Site or the rights or use and enjoyment of the Site by any other person or entity in any manner. 

You are prohibited from transmitting any material on or through the Site that, in our sole opinion, is or could be offensive, fraudulent, unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.  We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any such information or materials on the Site. 

Program Viewing and Transaction Options

Best Arms Ever may offer the following purchase options through Digital Studio websites and applications:

Subscription

For a recurring fee, you may stream the offered within a our subscription channel an unlimited number of times during your subscription period. We may add or remove Programs from the channel at any time.

You are responsible for obtaining Internet access and a compatible, Internet-connected device to stream and/or download Programs via our websites and applications. The quality of your viewing experience depends on a number of factors, including your viewing device and the quality of your Internet connection.

Payments

To make a purchase, you must provide a valid payment method. Subscriptions automatically renew for the subscription period until you cancel. Your payment method will be charged at the beginning of each subscription period. If a Purchaser offers a free-trial period, your payment method will be charged at the end of the free-trial period unless you cancel before the end of that period. To pause or cancel a subscription, visit your account settings. Your changes will be applied to your next subscription period.

We may apply taxes, including VAT (value-added tax), to any charges. Prices and other terms of purchase are subject to change. If we provide you access to a Program on a free basis, such access will be deemed a “purchase” for the purpose of this Agreement.

ALL PURCHASES, INCLUDING RECURRING CHARGES, ARE FINAL AND NON-REFUNDABLE.

Acceptable Use Policy 

In using the Digital Studio Service, you will not:

  • Scrape, reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Digital Studio Service or any source code therein;
  • Attempt to circumvent any technical measures (including digital rights management) that we may employ;
  • Take any measures to interfere with or damage the Digital Studio Service;
  • Use the Digital Studio Service to transmit tortious, unlawful, infringing, and otherwise objectionable content;
  • Spam or harass Best Arms Ever or any other user;
  • Use any fraudulent, deceptive, or misleading practices;
  • Collect personal information about us or other Best Arms Ever users;
  • Engage in any commercial activities except as permitted by us; or
  • Engage in any illegal activities.

No Representations or Warranties 

Information provided on the Site may not be complete or accurate.  We do not endorse or represent the reliability or accuracy of any content or information distributed through or accessed from the Site, and shall not be liable for any decisions Visitors make based upon such information.  You agree that any reliance upon any content or information distributed through or accessed from the Site is at your sole risk.  We assume no liability or responsibility for any errors or omissions in the content of the Site.

We have not fully reviewed all of the links provided on the Site and are not responsible for the content of any off-Site pages.  Clicking on hyperlinks and visiting any off-Site pages is done at your own risk.

Best Arms Ever makes no representations or warranties concerning:

  • The availability of the Digital Studio Service in a particular jurisdiction.
  • The availability of the Digital Studio Service for any particular device, operating system, or browser.
  • The continued support for a particular feature of the Digital Studio Service.
  • The viewing quality of any Program. Best Arms Ever does not guarantee that you will be able to use the Digital Studio Service or view any Program uninterrupted or error-free.
  • The continued availability of any Program or the availability of particular Program within a subscription channel.

Intellectual Property

You are advised that we will aggressively enforce our intellectual property rights to the fullest extent of the law.

All content and images on the Site are either the property of, or used with permission by us.  All content and images on the Site are copyrighted unless otherwise noted and may not be used except as provided in these Terms of Use or in the text on the Site without our written permission.  We neither warrant nor represent that your use of materials displayed on the Site will not infringe rights of third parties not owned or affiliated with us.

License to Programs

Subject to the terms hereof, you have the right to stream and/or (if offered) download for your personal entertainment purposes: Programs made available that you have subscribed to during your subscription period.

You may not resell streams or download, use any Program for any commercial purpose, redistribute or retransmit any Program, publicly perform or display any Program, or make derivative works from any Program. 

Digital Studio Service

Subject to the terms hereof, Best Arms Ever grants you permission to use Best Arms Ever Service, for the purpose of subscribing and viewing Programs for your personal entertainment. All rights not expressly granted by Best Arms Ever are reserved.

Change or Termination 

We may, without prior notice, change the Site, stop providing the Site, applications or services, or create usage limits for the Site. We may permanently or temporarily terminate or suspend your access to the Site without notice or liability, for any reason or for no reason, including if in our sole determination you violate any provision of these Terms of Use. Upon termination of these Terms of Use or your access to the Site for any reason or no reason, you will continue to be bound by these Terms of Use which, by their nature, should survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Unsolicited Communications

You agree that any information that you transmit to the Site or us in any manner, is non-confidential and non-proprietary and can be used by us for any purpose.  We are free to use any idea, concepts, know-how, techniques, etc. contained in any communication to the Site for any purpose.

Disclaimer of Liability

Your use and browsing in the Site are at your own risk.  Neither we nor any other party involved in creating, producing, or delivering the Site shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, the Site.  Without limiting the foregoing, everything on the Site is provided to you “as is” without warranty of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.  Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.  Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

We assume no responsibility for, and shall not be liable for, any damages to or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site. 

We reserve the right to remove any content from the Site or to restrict access to the Site for any reason without notice.

US Jurisdiction

We make no representation that the Site is operated in accordance with the laws or regulations of, or governed by, nations other than those of the United States.  If you are located outside of the United States, you use this Site at your own risk and initiative and you, not us, are responsible for compliance with any applicable local and national laws. 

Indemnification

You agree to indemnify, defend and hold us and any of our affiliates, and any of our or their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys’ fees), resulting from any breach or violation of these Terms of Use by you or arising from your use of the Site.

We reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as requested by us.

Notification Procedures

We may provide notifications, including those regarding modifications to these Terms of Use, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our Site, as determined by us in our sole discretion. We reserve the right to determine the form and means of providing notifications to visitors.  Note that you may opt out of certain means of notification as described in these Terms of Use. We are not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provided to us. 

General

Our failure to enforce any right or provision of these Terms of Use will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by our duly authorized representative. Except as expressly set forth in these Terms of Use, the exercise by either party of any of its remedies under these Terms of Use will be without prejudice to its other remedies under these Terms of Use or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Use will remain in full force and effect.

Miscellaneous

Except as expressly provided in these Terms of Use, there shall be no third-party beneficiaries to the Terms of Use.  We shall have the right to assign our rights or delegate any of our responsibilities under these Terms of Use to an affiliate or in connection with our merger, consolidation or reorganization for the sale of substantially all of our assets. 

These Terms of Use contain the entire understanding between you and us relating to the Site and our services.  These Terms of Use supersede any other Terms of Use or agreement regarding the Site our services prior to the Effective Date below.

These Terms of Use were last updated on February 2, 2022.