IWG Membership Terms and Conditions

The International Whistlers Guild (IWG) provides a subscription service that gives our members access to several membership benefits that are listed on our website, including media hosted in a members-only section of the website.

You have accepted these Terms of Use, which govern your use of our service.

As used in these Terms of Use, "IWG service", "our service" or "the service" means the service provided by the International Whistlers Guild with respect to the membership benefits listed under the International Whistlers Guild Membership Service section, as well as the website, user interfaces, and all content and software associated with our service.

YOU AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN SECTION 7 TO RESOLVE ANY DISPUTES WITH IWG (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT).

  1. Membership

 

1.1. Your IWG membership will continue and automatically renew until terminated. To use the IWG service you must have Internet access and a device capable of delivering our service and provide us with one or more Payment Methods. "Payment Method" means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party such as PayPal. You must cancel your membership before it renews in order to avoid billing of the membership fees for the next billing cycle to your Payment Method (see "Cancellation" below).

 

  1. Promotional Offers. We may from time to time offer special promotional offers, plans or memberships (“Offers”). Offer eligibility is determined by IWG at its sole discretion and we reserve the right to revoke an Offer and put your account on hold in the event that we determine you are not eligible.
  2. Billing and Cancellation

 

3.1. Billing Cycle. The membership fee for the IWG service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your Payment Method annually on the date you started your membership. Membership fees are fully earned upon payment. In some cases your payment date may change, for example if your Payment Method has not successfully settled, when you change your subscription plan or if your paid membership began on a day not contained in a given month. If you signed up for IWG using your account with a third party as a Payment Method, you can find the billing information about your IWG membership by visiting your account with the applicable third party.

 

3.2. Payment Methods. To use the IWG service you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.

 

3.3 Updating your Payment Methods. You can update your Payment Methods by going to your Payment Method service provider. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).

 

3.4. Cancellation. You can cancel your IWG membership at any time, and you will continue to have access to the IWG service through the end of your billing period. If you signed up for IWG using your account with a third party as a Payment Method and wish to cancel your IWG membership, you may need to do so through that third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the IWG service through that third party.

 

3.5. Changes to the Price and Subscription Plans. We reserve the right to change our subscription plans or adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes or changes to your subscription plan will take effect following notice to you.

 

3.6. Refunds. Refunds are handled on a case-by-case basis.  We reserve the right to refuse a refund for any reason. 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.

 

  1. IWG Service

 

4.1. In order to use the IWG service, you must create an IWG member account. If you are considered a minor in your country, you must have your parent or legal guardian's permission to use the IWG service and to accept the Terms. You must comply with any additional age restrictions that might apply for the use of specific content or features on the IWG service. Family managers and family members must meet these additional requirements as well.

 

4.2. The IWG service and any content viewed through our service are for your personal and non-commercial use only and may not be shared with individuals beyond your household. During your IWG membership, we grant you a limited, non-exclusive, non-transferable right to access the IWG service and view IWG content through the service. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.

 

4.3. You may view IWG content only in geographic locations where we offer our service. The content that may be available to watch will vary by geographic location and will change from time to time.

 

4.4. The IWG service, including the content library, is regularly updated. In addition, we continually test various aspects of our service, including but not limited to our website, user interfaces, promotional features and availability of IWG content.

 

4.5. You agree to use the IWG service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. Except as explicitly authorized in these Terms of Use, you agree not to archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the IWG service. You also agree not to circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the IWG service; use any robot, spider, scraper or other automated means to access the IWG service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the IWG service; insert any code or product or manipulate the content of the IWG service in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the IWG service, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of our service if you violate these Terms of Use or are engaged in illegal or fraudulent use of the service.

 

4.6. The quality of the display of the IWG content may vary from 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, Ultra HD and HDR availability is subject to your Internet service and device capabilities. Not all content is available in all formats, such as HD, Ultra HD or HDR. Default playback settings on cellular networks exclude HD, Ultra HD and HDR content. The minimum connection speed for SD quality is 1.0 Mbps; however, we recommend a faster connection for improved video quality. A download speed of at least 3.0 Mbps per stream is recommended to receive HD content (defined as a resolution of 720p or higher). A download speed of at least 15.0 Mbps per stream is recommended to receive Ultra HD (defined as a resolution of 4K  or higher). You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. IWG makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching IWG content will vary based on a number of factors, including your location, available bandwidth at the time, the IWG content you have selected and the configuration of your viewing device.

 

4.7. The IWG software is developed by, or for, IWG and may solely be used for authorized streaming and viewing of content from IWG through appropriate devices. This software may vary by device and medium, and functionalities may also differ between devices. By using our service, you agree to receive, without further notice or prompting, updated versions of the IWG and related third-party software. If you do not accept the foregoing terms, do not use our service.

 

4.8. By using our service, you agree to look solely to the entity that manufactured and/or sold you your viewing device for any issues related to the device and its compatibility with the IWG service. We do not take responsibility or otherwise warrant the performance of viewing devices, including the continued compatibility with our service.

  1. Passwords and Account Access. The member who created the IWG account and whose Payment Method is charged (the "Account Owner") is responsible for any activity that occurs through the IWG account. To maintain control over the account and prevent anyone from accessing the account (which could include information on viewing history for the account), the Account Owner should maintain control over the IWG ready devices that are used to access the service and not reveal the password or details of the Payment Method associated to the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, IWG or our partners from identity theft or other fraudulent activity. IWG is not obligated to credit or discount a membership for holds placed on the account by either a representative of IWG or by the automated processes of IWG. If your viewing device is sold, lost or stolen, please deactivate the device. If you fail to log out or deactivate your device, subsequent users may access the IWG service through your account and may be able to access certain of your account information.
  2. Disclaimers of Warranties and Limitations on Liability

 

6.1. THE IWG SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE IWG SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. IWG DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE IWG SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. IWG SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, DEVICES, AND IWG SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).

 

6.2. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL IWG, OR ITS SUBSIDIARIES OR ANY OF THEIR 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.

 

6.3. 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 YOU.

 

6.4. NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.

  1. Arbitration Agreement

 

7.1. You and IWG agree that any dispute, claim or controversy arising out of or relating in any way to the IWG service, these Terms of Use and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award and nothing in this Arbitration Agreement shall be interpreted as limiting any non-waivable statutory rights. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and IWG are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your IWG membership.

 

7.2. If you elect to seek arbitration or file a small claim court action, you must first send to IWG, by email, a written Notice of your claim ("Notice"). The Notice to IWG must be addressed to: whistlersguild@gmail.com ("Notice Address"). If IWG 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 IWG, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If IWG and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or IWG may commence an arbitration proceeding or file a claim in small claims court.

 

7.3. If you are required to pay a filing fee, you will be responsible for the filing fees.

 

7.4. YOU AND IWG 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 IWG 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.

  1. Miscellaneous

 

8.1. Governing Law. These Terms of Use shall be governed by and construed in accordance with the laws of the state of Tennessee, U.S.A. without regard to conflict of laws provisions. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your state of residence.

 

8.2. Feedback. IWG 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 IWG service, including the IWG 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 IWG service. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law.

 

8.3. Survival. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

 

8.4. Changes to Terms of Use and Assignment. IWG may, from time to time, change these Terms of Use. Such revisions shall be effective immediately; provided however, for existing members, such revisions shall, unless otherwise stated, be effective 30 days after posting. We may assign our agreement with you to any affiliated company or to any entity that succeeds to all or substantially all of our business or assets related to the applicable IWG service.

 

8.5. Communication Preferences. We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration. 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.