Terms of Service

Acceptance of the Terms of Service

These terms of service are entered into by and between you and Chera TV, Inc. ("Company," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Service"), govern your access to and use of all CheraTV services, including any content or functionality offered on or through www.CheraTV.com (the "Website"), and any related mobile applications (the "App"), whether as a guest or a registered user, (collectively, the "Services").

Please read the Terms of Service carefully before you start to use the Services. By accessing or using the Services, creating an account, making a purchase, or by clicking to accept or agree to the Terms of Service when this option is made available to you (such as during App registration), you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, found at www.cheratv.com/privacy, which is incorporated herein by reference.

If you are accessing the Services via our App, you will be asked to review and affirmatively accept these Terms of Service before you can complete your registration and use the App. This action of clicking "Agree" creates a binding legal agreement.

If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Services.

Definitions

For the purposes of these Terms of Service:

• "App" means the CheraTV software application available for download on mobile devices through platforms such as the Apple App Store and Google Play Store.
• "Content" means the streaming video, audio, graphics, photos, text, and other materials made available to you through the Services.
• "Device" means any device used to access the Services, including without limitation a computer, mobile phone, tablet, or other electronic device.
• "Cherry Points" means the virtual, in-app currency issued by the Company within the Services that users may earn through eligible activities and redeem for certain benefits, as further described in the Cherry Points and Rewards Program section of these Terms.
• "Reward Tiers" means the tiered loyalty levels (e.g., Bronze, Silver, Gold) within the Cherry Points program that users may achieve based on lifetime Cherry Points accumulation, each providing access to certain additional perks and benefits as determined by the Company.
• "Services" means the Website, the App, the Content, and all related features, functionality, and services offered by the Company.
• "User Contributions" means content or materials posted, submitted, or transmitted by users on or through the Interactive Services, as further defined herein.
• "Website" means the CheraTV website located at www.cheratv.com.

Eligibility and Age Requirements

The Services are not intended for unsupervised use by children. You must be at least 18 years of age, or the age of legal majority in your jurisdiction of residence, to create an account and subscribe to our Services.

Users Between 13 and 18. Individuals between the ages of 13 and 18 may only use the Services under the supervision of a parent or legal guardian who has created the account and agrees to be bound by these Terms of Service. The parent or legal guardian is responsible for all activity on the account.

Users Under 13 (COPPA Compliance). Our Services are not directed to children under the age of 13. We do not knowingly collect personal information from children under 13. In accordance with the Children's Online Privacy Protection Act ("COPPA"), if you are a parent or guardian and you believe your child under 13 has provided us with personal information without your consent, please contact us at privacy@cheratv.com.

By using these Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements.

Changes to the Terms of Service

We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective thirty (30) days after we provide notice to you of such changes, and apply to all access to and use of the Services thereafter. We will post the revised Terms of Service on this page and update the "Last Modified" date.

However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction and Arbitration will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.

For any material changes to these Terms, we will provide you with more prominent notice, for example, by sending you an email to the primary email address associated with your account or through an in-app notification. Your continued use of the Services following the effective date of revised Terms of Service means that you accept and agree to the changes.

Accessing the Services and Account Security

We reserve the right to withdraw or amend these Services, and any service or material we provide on the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period.

You are responsible for both:

• Making all arrangements necessary for you to have access to the Services.
• Ensuring that all persons who access the Services through your internet connection are aware of these Terms of Service and comply with them.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. We will never ask you for your password via email, phone, or any unsolicited communication. You also acknowledge that your account is personal to you and agree not to provide any other person with access to these Services or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.

Purchases and Billing

Certain Content on the Services is available only through a one-time purchase. By purchasing Content, you agree to the pricing and payment terms, as we may update them from time to time. Each purchase grants you a perpetual license to access the purchased Content for as long as the Services remain available.

• Billing and Payment. When you purchase Content through the App, your payment will be processed by the applicable app store provider (e.g., Apple Inc. or Google LLC) (the "App Store Provider"). All in-app billing and payment are subject to the App Store Provider's own terms and conditions. We do not collect or store your financial information, such as credit card numbers, for in-app purchases.
• One-Time Purchase. All Content purchases on Chera TV are one-time payments. There are no subscriptions, recurring charges, or automatic renewals. Once you purchase a show, it is yours to watch as many times as you like.
• Cherry Points Redemption. Users may also unlock Content by redeeming Cherry Points earned through in-app engagement. Cherry Points are earned, never purchased with real money, and have no cash value. See the Cherry Points and Rewards Program section for details.
• Refunds. All purchases are final and non-refundable. We are not responsible for processing refunds for any purchases made through an App Store Provider. Any refund requests must be directed to the applicable App Store Provider and will be subject to their policies.
• Price Changes. We reserve the right to change Content prices. We will provide reasonable prior notice of any price changes. Price changes do not affect previously completed purchases.

Cherry Points and Rewards Program

The Company offers a loyalty and engagement program known as the Cherry Points program (the "Rewards Program"). By participating in the Rewards Program, you agree to the following terms, which supplement and are subject to all other provisions of these Terms of Service.

• Nature of Cherry Points. Cherry Points are a virtual, in-app currency with no cash value and no monetary equivalent. Cherry Points are not real currency, are not redeemable for cash, and do not constitute property of any kind. Cherry Points cannot be purchased, sold, bartered, or transferred to any other user or third party, except as expressly permitted by the Company. Cherry Points are non-refundable and are not exchangeable for any sum of money or monetary value from the Company at any time.
• Earning Cherry Points. Users may earn Cherry Points by engaging in eligible activities as determined by the Company, which may include, without limitation: (i) watching episodes or completing shows; (ii) daily logins to the Services; (iii) referring new users to the Services; and (iv) participating in other engagement activities, promotions, or challenges as designated by the Company from time to time. The specific number of Cherry Points awarded for each activity, and the activities that qualify for earning Cherry Points, are determined by the Company in its sole discretion and may be modified at any time without prior notice.
• Redeeming Cherry Points. Subject to availability and the Company's then-current redemption policies, Cherry Points may be redeemed to: (i) unlock access to premium shows or Content; (ii) receive discounts on show or Content purchases; or (iii) access exclusive Content or features as designated by the Company. The redemption value of Cherry Points, the items or benefits available for redemption, and any minimum balance requirements are determined by the Company in its sole discretion and are subject to change at any time without prior notice.
• Reward Tiers. As users accumulate lifetime Cherry Points, they may advance through Reward Tiers (e.g., Bronze, Silver, Gold). Each Reward Tier may provide access to additional perks, including but not limited to: early access to new shows, bonus point multipliers, exclusive content, and other benefits as determined by the Company. The specific Reward Tiers, the lifetime Cherry Points thresholds required to achieve each tier, and the perks associated with each tier are determined by the Company in its sole discretion and may be modified, added, or removed at any time.
• Referral Bonus. Users may earn bonus Cherry Points by referring new users to the Services through the Company's referral program. A referral bonus will be credited to the referring user's account when the referred individual: (i) successfully creates an account on the Services using the referring user's unique referral link or code; and (ii) completes their first qualifying purchase. The Company reserves the right to withhold or revoke referral bonuses if it determines, in its sole discretion, that any referral activity is fraudulent, abusive, or in violation of these Terms of Service.
• Prohibited Conduct. You agree not to: (i) attempt to earn Cherry Points through any fraudulent, deceptive, or manipulative means, including the use of bots, scripts, automated tools, or multiple accounts; (ii) sell, trade, transfer, or offer to sell, trade, or transfer Cherry Points to any third party; (iii) exploit any bug, glitch, or error in the Rewards Program to earn or redeem Cherry Points in a manner not intended by the Company; or (iv) engage in any other conduct that the Company determines, in its sole discretion, to be abusive or inconsistent with the intended purpose of the Rewards Program. Violation of this section may result in the forfeiture of all accumulated Cherry Points, loss of Reward Tier status, and suspension or termination of your account.
• Expiration and Forfeiture. Cherry Points may be subject to expiration if your account remains inactive for a continuous period as determined by the Company. Upon termination or suspension of your account for any reason, all accumulated Cherry Points and Reward Tier status will be immediately forfeited and cannot be reinstated, transferred, or redeemed, except as may be required by applicable law.
• Modification or Discontinuation of the Rewards Program. The Company reserves the right, in its sole discretion, to modify, suspend, or discontinue the Rewards Program, in whole or in part, at any time with or without notice. In the event the Rewards Program is discontinued, the Company will provide reasonable notice and a limited period during which users may redeem any remaining Cherry Points.

Mobile Application License

• License Grant. Subject to your compliance with these Terms of Service, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use a single copy of the App on a Device that you own or control, solely for your personal, non-commercial use.
• Restrictions. You shall not: (i) copy the App, except as expressly permitted by this license; (ii) modify, translate, adapt, or otherwise create derivative works or improvements of the App; (iii) reverse engineer, decompile, disassemble, decode, or otherwise attempt to derive or gain access to the source code of the App; (iv) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the App to any third party; or (v) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property notices from the App.
• Ownership. You acknowledge and agree that the App is provided under license, and not sold, to you. You do not acquire any ownership interest in the App under these Terms of Service. The Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the App, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto.

Intellectual Property Rights

The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Service permit you to use the Services for your personal, non-commercial use only. This includes a limited license to temporarily view the Content provided through the Services. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
• If we provide the App for download, you may download a single copy to your Device solely for your own personal, non-commercial use, provided you agree to be bound by these Terms of Service.

Trademarks

The Company name, the terms "Chera TV," the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company.

Content License and Usage Rules

• Content License. The Content available through the Services is licensed, not sold, to you. We grant you a limited, non-exclusive, revocable license to access and view the Content for your personal, non-commercial, entertainment use only, for as long as the Services remain available.
• Geographic Restrictions (Geo-Blocking). The availability of Content may vary by geographic location and will change from time to time. We will use technologies to verify your geographic location, and you may not use any technology or technique to obscure or disguise your location. Accessing the Services from territories where the Content is illegal or not licensed is prohibited.
• Content Availability. The specific Content available on the Services will change regularly. We reserve the right, in our sole discretion, to add, modify, or remove Content at any time without notice.
• Usage Limits. Your account may be subject to limits on the number of simultaneous streams and the number of Devices that can be associated with your account. You are responsible for all use of your account, including unauthorized use.
• Streaming Quality. The quality of the display of the streaming Content may vary between Devices, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection.

Push Notifications

As part of the Services, you may receive push notifications or other local alerts on your Device. When you first launch the App, you will be asked to consent to receive push notifications. If you consent, you agree to receive such notifications. You can manage your push notification preferences at any time, or disable them entirely, through the settings on your Device.

Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Services:

• In any way that violates any applicable federal, state, local, or international law or regulation.
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Service.
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm the Company or users of the Services, or expose them to liability.

Additionally, you agree not to:

• Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Services.
• Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
• Use any device, software, or routine that interferes with the proper working of the Services.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services.
• Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.

User Contributions

The Services may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, instant messages, email messages, push notifications, member profiles, promo pages, blogs, feeds, challenges, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Services.

All User Contributions must comply with the Content Standards set out in these Terms of Service.

You retain ownership of your User Contributions. However, by providing any User Contribution on the Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a worldwide, perpetual, irrevocable, royalty-free, non-exclusive license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.

This license is granted for the limited purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones. This includes, for example, the right for us to reformat, transcode, or otherwise modify your content to be viewable on the Services and to use screenshots, excerpts, or clips from your content to promote the Chera TV Services on our official social media channels or in other marketing materials.

You represent and warrant that:

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
• All of your User Contributions do and will comply with these Terms of Service.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Services.

Monitoring and Enforcement; Termination

We have the right to:

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Service, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for the Company.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
• Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Service.

Where feasible, we will provide an opportunity to appeal such decisions, though we reserve the right to make the final determination.

Account Deletion by User. You have the right to terminate your account at any time. You can initiate account deletion directly within the App by navigating to the "Account" or "Settings" section, or by contacting us at privacy@cheratv.com. Upon initiating deletion, your access to the Services will be terminated, and the handling and erasure of your personal information will be governed by our Privacy Policy. Please note that deleting your account will revoke access to previously purchased Content.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Policy

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from these Services infringe your copyright, you may request removal of those materials (or access to them) from the Services by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:

• Your physical or electronic signature.
• Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Services, a representative list of such works.
• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
• Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
• A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the written notice is accurate.
• A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is:

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

It is the policy of the Company to disable and/or terminate the accounts of users who are repeat infringers.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output.

YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY ARISING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED, EXCEPT WHERE A LONGER LIMITATION PERIOD IS REQUIRED BY APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the Services, including, but not limited to, your User Contributions, any use of the Service's content, services, and products other than as expressly authorized in these Terms of Service, or your use of any information obtained from the Services.

Governing Law; Jurisdiction

All matters relating to the Services and these Terms of Service, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule.

For users residing outside the United States, nothing in these Terms of Service shall deprive you of the protection afforded to you by the mandatory provisions of the law of your country of residence.

Dispute Resolution by Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

You and the Company agree that these Terms of Service affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.

Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Services (collectively, "Disputes") will be resolved by binding arbitration, except that each party retains the right to bring an individual action in small claims court. The arbitrator's decision shall be final and binding.

You have the right to opt out of this agreement to arbitrate. If you do not wish to be bound by this arbitration provision, you must notify us in writing within thirty (30) days of the date that you first accept these Terms. Your written notification must be mailed to: Chera TV, Inc., Attn: Legal Department/Arbitration Opt-Out, 4100 W. Alameda Blvd., Suite 329, Burbank, CA 91505.

Arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules then in effect. The arbitration will be held in Los Angeles, California, or, if you reside outside California, it may be conducted by telephone, video conference, or based on written submissions.

Class Action Waiver

YOU AND THE COMPANY 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.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

Acknowledgement Regarding App Store Providers

You acknowledge that these Terms of Service are between you and the Company only, and not with any App Store Provider. The Company, not the App Store Provider, is solely responsible for the Services and the content thereof. To the extent these Terms of Service provide for usage rules for the App that are less restrictive than or otherwise in conflict with the applicable terms of service of the App Store Provider, the more restrictive or conflicting term of the App Store Provider applies.

You acknowledge and agree that Apple, Inc. and its subsidiaries, and Google LLC and its subsidiaries, are third-party beneficiaries of these Terms of Service, and that, upon your acceptance of these Terms of Service, each App Store Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary thereof.

Entire Agreement

The Terms of Service and our Privacy Policy constitute the sole and entire agreement between you and Chera TV, Inc. regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

Your Comments and Concerns

This Website and the Services are operated by Chera TV, Inc., located at 4100 W. Alameda Blvd., Suite 329, Burbank, CA 91505.

All notices of copyright infringement claims should be sent to the copyright agent designated in our "Copyright Policy" section.