Gift Card Terms of Use


HIDIVE GIFT CODE TERMS OF USE

 

Gift codes are issued by HIDIVE, LLC (HIDIVE).  Gift codes are only redeemable for credit toward HIDIVE subscriptions for registered accounts solely through HIDIVE’s owned and operated services at HIDIVE.COM.   Gift codes are not redeemable elsewhere.    All sales are final (except as required by law).   Following a gift code purchase, HIDIVE will transmit a gift code by email to the recipient’s email address collected at the point of sale, usually within 24 hours of purchase. 

 

USAGE AND RESTRICTIONS

Not available for sale in Japan and China or where prohibited by law.

Purchasers are urged to review content offerings of the country where their gift recipient is domiciled before purchasing.  Content varies by country. 

HIDIVE gift codes are offered in US Dollar-equivalent denominations and not for specific subscription period.   Application of gift codes shall be made as a credit toward HIDIVE subscriptions at HIDIVE.COM for registered accounts at then-current subscription pricing at the time of redemption.  Account credits resulting from gift redemption will be applied toward your recurring subscription plan at then-current subscription plan pricing. 

Application of a gift code could result in a residual credit (e.g. $15 results in 3 months plus $0.03 remaining credit).  Residual credits are not refundable but can be combined with additional payments via other methods of payment toward recurring subscription plans (e.g. additional payment of $4.96 plus $0.03 residual credit for 1-month subscription).  If the recurring cost of your subscription plan periods exceeds your residual credit, your credit card or other approved method of payment will be charged in accordance with HIDIVE’s then-current subscription billing procedures. 

If you elect to close your HIDIVE account, gift code balances must be used prior to closure.

Gift codes are NOT:

 

(x)        returnable or refundable after purchase (except as required by law)


(x)        permitted for resale or transfer (other than gifting)

 

(x)        redeemable for cash (except as required by law)

 

(x)        redeemable for credit for any product service (except a HIDIVE subscription credit for HIDIVE.COM registered accounts)

 

(x)        redeemable for HIDIVE subscriptions on iTunes, VRV, Roku or other third party platforms

 

HIDIVE reserves the right to cancel gift codes or account credits to the extent HIDIVE determines they are procured by fraud, theft, hacking or other unlawful means.

HIDIVE reserves the right to update these Gift Code Terms of Use with or without notice to the extent permitted by law.

 

 

RISK OF LOSS

Gift codes should be treated like cash.  Once issued, a code cannot be replaced even if misplaced, lost or stolen.  Risk of loss passes immediately upon HIDIVE’s transmission of its email containing the gift code.  Purchasers should ensure they accurately enter the recipient’s information including email address.  Recipient information cannot be changed after the point of sale.

         

LIMITATION OF CLAIMS; DISCLAIMERS

EXCEPT WHERE PROHIBITED, HIDIVE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR PURCHASE, USE OR REDEMPTION OF HIDIVE GIFT CODE. THESE EXCLUSIONS INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, COMPUTER FAILURE, OR THE VIOLATION OF YOUR RIGHTS BY ANY THIRD PARTY, EVEN IF HIDIVE HAS BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED.

HIDIVE AND ITS LICENSEES, AFFILIATES, AND LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CODES, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT A GIFT CODE IS NONFUNCTIONAL (OTHER THAN BY REASON OF PRIOR REDEMPTION), YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CODE. THESE LIMITATIONS MAY NOT APPLY TO YOU. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY ALSO HAVE ADDITIONAL RIGHTS.

 

INDEMNITY

You agree to indemnify and hold HIDIVE and its licensees, affiliates, and licensors harmless from any claim or demand, including reasonable attorneys' fees due to or arising out of your purchase, use and redemption of gift codes, your use of the HIDIVE services, your connection to the services, your violation of these Gift Code Terms of Use, or your violation of any rights of another.

 

GOVERNING LAW

You and HIDIVE each agree that the interpretation and enforcement of these Gift Code Terms of Use and the relationship between the parties shall be governed by the laws of the State of Texas without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the Gift Code Terms of Use, or the relationship between you and HIDIVE, shall be brought exclusively in the county of Harris, Texas (except as expressly provided in the section, Dispute Resolution, immediately below this section). You and HIDIVE agree to submit to the personal jurisdiction of the courts located within the county of Harris, Texas or the Southern District of Texas, Houston Division, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to the venue in such courts.

 

DISPUTE RESOLUTION

You agree that any dispute or claim arising out of your purchase, use or redemption of HIDIVE gift codes, including any dispute or claim as to the application, enforceability, scope, or interpretation of this agreement to arbitrate, shall be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

 

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief, or statutory damages), and must follow these Gift Code Terms of Use. 

Arbitration shall be administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014, and conducted by a single, neutral arbitrator. Arbitration shall take place by phone, unless an in-person hearing is requested by either party. In that case, the hearing shall take place in the county where you reside. To the extent this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.

Specifically excluded from application to these Gift Code Terms of Use is that law known as the United Nations Convention on the International Sale of Goods.

Last updated December 12, 2018

0

Your cart


Total USD

Shipping and discount codes are added at checkout.