PMSBA TV – Terms of Use

Welcome to PMSBA TV, the official streaming application of the Philadelphia Mummers String Band Association (PMSBA), available on Roku and Amazon Fire TV. By downloading, installing, accessing, or using this application, you agree to be bound by these Terms of Use. If you do not agree to these terms, please do not use the application.

1. Definitions

"Application" or "App" means the PMSBA TV streaming application, including all content, features, and functionality available through the platforms on which it is offered, currently the Roku and Amazon Fire TV platforms.

"PMSBA", "we", "us", or "our" refers to the Philadelphia Mummers String Band Association.

"Subscriber", "you", or "your" refers to any individual who accesses or uses the Application.

"Content" means all video, audio, images, text, and other media available through the Application, including but not limited to performance recordings, band features, interviews, and historical footage.

2. Subscription and Access

PMSBA TV is a subscription-based service. Access to Content requires an active, paid subscription. By subscribing, you agree to the following:

• You must have a supported streaming device and an active account with the platform through which you access the App (for example, a Roku device with a Roku account, or an Amazon Fire TV device with an Amazon account).
• Subscription fees are billed on a recurring basis according to the plan you select at the time of purchase.
• Subscription payments are processed by the platform through which you subscribe (such as Roku or Amazon). All billing inquiries related to payment processing should be directed to that platform.
• PMSBA reserves the right to modify subscription pricing with reasonable advance notice. Continued use of the Application after a price change constitutes acceptance of the new pricing.
• You may cancel your subscription at any time through the account settings of the platform through which you subscribed (for example, your Roku account settings or your Amazon account settings). Cancellation will take effect at the end of your current billing period.

3. License to Use

Subject to your compliance with these Terms, PMSBA grants you a limited, non-exclusive, non-transferable, revocable license to access and view Content through the Application for your personal, non-commercial use only.

4. Content Ownership and Intellectual Property

All Content available through the Application is owned by or licensed to the Philadelphia Mummers String Band Association and is protected by copyright, trademark, and other intellectual property laws. You agree that you will not:

• Copy, reproduce, distribute, or publicly display any Content from the Application.
• Download, record, capture, or create derivative works from any Content unless explicitly authorized.
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices.
• Use any Content for commercial purposes without prior written consent from PMSBA.

All trademarks, service marks, and logos displayed in the Application are the property of PMSBA or their respective owners.

5. User Conduct

By using the Application, you agree not to:

• Use the Application for any unlawful purpose or in violation of any applicable local, state, national, or international law.
• Attempt to gain unauthorized access to any portion of the Application or its related systems or networks.
• Interfere with or disrupt the integrity or performance of the Application.
• Use any automated means, including bots, scrapers, or spiders, to access or interact with the Application.
• Share your subscription credentials with others or allow multiple simultaneous streams beyond what your subscription plan permits.

6. Privacy

PMSBA does not require you to create an account with us or provide personal information to use the App, and we do not directly collect your name, email address, or other personally identifiable information through the Application. Certain technical information, such as device information, general usage data, and IP address, may be collected automatically by the platform or by our content delivery infrastructure to operate and improve the service, as described in our Privacy Policy.

Please note that the platform you use to access the App, such as Roku or Amazon Fire TV, may collect data in accordance with its own privacy policy. We encourage you to review the privacy policy of your platform, and to read our full Privacy Policy.

7. Availability and Service Interruptions

PMSBA strives to maintain consistent availability of the Application and its Content. However, we do not guarantee uninterrupted access. The Application may be temporarily unavailable due to:

• Scheduled or unscheduled maintenance.
• Technical difficulties, server issues, or platform outages.
• Updates or modifications to Content or features.
• Circumstances beyond our reasonable control, including but not limited to natural disasters, internet outages, or third-party service failures.

PMSBA shall not be liable for any loss or inconvenience resulting from service interruptions.

8. Modifications to the Application and Terms

PMSBA reserves the right to modify, update, or discontinue the Application or any portion of its Content at any time without prior notice. We also reserve the right to revise these Terms of Use at any time. Changes will be effective immediately upon posting within the Application or on the PMSBA website.

Your continued use of the Application after any changes to these Terms constitutes your acceptance of the revised Terms.

9. Third-Party Services and Links

The Application may contain links to or integrate with third-party services, including but not limited to the Roku and Amazon Fire TV platforms. PMSBA is not responsible for the content, privacy practices, or terms of service of any third-party services. Your use of such third-party services is governed by their respective terms and policies.

10. Disclaimers

THE APPLICATION AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

PMSBA does not warrant that the Application will be error-free, secure, or available at all times, or that any defects will be corrected.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PMSBA AND ITS OFFICERS, DIRECTORS, MEMBERS, VOLUNTEERS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE APPLICATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.

In no event shall PMSBA's total liability to you for all claims exceed the amount you paid for your subscription in the twelve (12) months preceding the claim.

12. Indemnification

You agree to indemnify, defend, and hold harmless PMSBA and its officers, directors, members, volunteers, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Application, your violation of these Terms, or your violation of any rights of a third party.

13. Termination

PMSBA may suspend or terminate your access to the Application at any time, with or without cause, and with or without notice. Upon termination, your right to use the Application will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to Sections 4, 10, 11, and 12.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law provisions. Any disputes arising under or in connection with these Terms shall be resolved exclusively in the state or federal courts located in Philadelphia County, Pennsylvania.

15. Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

16. Entire Agreement

These Terms of Use constitute the entire agreement between you and PMSBA regarding your use of the Application and supersede all prior agreements, understandings, and communications, whether written or oral.

17. Contact Information

If you have any questions about these Terms of Use, please contact us:

Mailing Address
Philadelphia Mummers String Band Association
P.O. Box 54507
Philadelphia, PA 19148