Terms of service.

1. Introduction 

These Terms of Use (the "Terms") govern your use of and access to Cinderblock TV’s services for streaming music videos and other content, including our websites and software applications that incorporate or link to these Terms (collectively, the "Cinderblock TV Service") and any music, videos, or other material available through the Cinderblock TV Service (the "Content").

You agree to these Terms when you sign up for the Cinderblock TV Service or otherwise use the Cinderblock TV Service. 

YOU AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN SECTION 8 TO RESOLVE ANY DISPUTES WITH Cinderblock TV. 

These Terms are between you and Cinderblock TV LLC.

To use the Cinderblock TV Service and access any Content, you affirm that: you are 18 years old or older, you reside in the United States, and any registration and account information that you submit to Cinderblock TV is at all times true, accurate, and complete. 

2. Membership & Access

Your Cinderblock TV membership is a paid subscription service that will automatically renew until cancelled or terminated as provided in the “Billing” section below. Your use of the Cinderblock TV Service requires internet access and a valid credit card on file with Cinderblock TV. Your Cinderblock TV membership provides you with access to view the Content within the Cinderblock TV Service subject to these Terms. 

Cinderblock TV reserves the right to accept or refuse subscriptions. You may not assign or transfer your Cinderblock TV membership. Your Cinderblock TV membership may require that you register the devices you use to access the Cinderblock TV Service. You may only access the Cinderblock TV Service on a single device at any one time. Cinderblock TV may further limit the number of devices you can register, how frequently you change those devices, and the number of devices that can access the Cinderblock TV Service at any one time. 

Cinderblock TV may terminate these Terms or suspend your access to the Cinderblock TV Service at any time and for any reason, including for your breach of these Terms. Cinderblock TV may terminate these Terms and suspend your access if Cinderblock TV stops providing the Cinderblock TV Service or any aspect of the Cinderblock TV Service. Cinderblock TV may terminate these Terms or suspend your access if, in Cinderblock TV’s sole discretion, doing so is necessary to comply with any law. 

3. Billing

Your Cinderblock TV membership is $4.99 per month and renews automatically each month. The credit card on file will be billed automatically on the first day of each month at 12:00 a.m. PST until your Cinderblock TV membership is cancelled. You may update the credit card on file by emailing info@Cinderblock.tv

You must cancel your Cinderblock TV membership at least twenty-four (24) hours before the first day of the month or you will be charged for that month. For cancellations, please email info@Cinderblock.tv with the subject line CANCELLATION or you may cancel by accessing the account services menu option in your account. 

Cinderblock TV may offer you a promotional 30-day free trial at the beginning of your membership (“Trial Plan”). A valid credit card and internet access are required to enroll in the Trial Plan. The Trial Plan will automatically become a paid subscription if not cancelled prior to the end of the Trial Plan and you will be automatically charged on the first of the month as stated above.

Cinderblock TV reserves the right to change its subscription plan(s) or adjust pricing for the Cinderblock TV Service at any time and in Cinderblock TV’s sole and absolute discretion. Prior to Cinderblock TV changing its subscription plan(s) or adjusting its pricing, Cinderblock TV will provide you with notice. It is your responsibility to monitor your account and the email address associated with your account for any such notices. 

Payments are nonrefundable and no credits will be offered for partially used membership periods. If you cancel your Cinderblock TV membership before the end of the month and have already paid for that month, you will continue to have access tho the Cinderblock TV Service until the end of the month. Cinderblock TV may offer you a refund or credit in its sole and absolution discretion, however, in no case will any refund or credit given entitle you or anyone else to a future refund or credit. 

In the event the credit card on file is denied, your membership will be canceled unless you provide Cinderblock TV with a valid, accepted credit card within three days of the missed payment. If for any reason Cinderblock TV does not cancel your subscription following your credit card being denied, you agree to be responsible for all future charges incurred with Cinderblock TV until your membership is cancelled by you or Cinderblock TV.  

4. Account Username & Password

Your Cinderblock TV account will require a username and password. The username and password you choose are personal to you and should be kept confidential. You acknowledge that you alone are responsible for your username and password, as well as any unauthorized use of your username and/or password. If you believe your password or username has been stolen, or if you believe there has been an unauthorized attempt to login to your account, contact Cinderblock TV support at info@Cinderblock.tv. 

All passwords are stored locally and can be recovered via the "forgot my password" form link located on the sign-in page for the Cinderblock TV Service. If you have trouble accessing your account, please email info@Cinderblock.tv for more information. 

Cinderblock TV reserves the right to require you to change your username and/or password for any reason. 

5. Services 

The Cinderblock TV Service and the Content are for your personal and non-commercial use only and may not be shared. During your CinderblockTV membership, we grant you a limited, non-exclusive, non-transferable right to access the Cinderblock TV Service and view the Content. Your access will remain in effect until terminated by Cinderblock TV or you. 

The Content may vary by geographic location and will change from time to time. 

You agree to use the Cinderblock TV Service in accordance with all applicable laws, rules and regulations, and in accordance and subject to these Terms. You agree not to download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, infringe upon, or use the Content and information contained within the Content or otherwise obtained from the Cinderblock TV Service. You also agree not to circumvent, directly or indirectly, any of the content protections in the Cinderblock TV Service. You agree not to reverse engineer or disassemble any software or other products or processes accessible through the Cinderblock TV Service. You agree not to undertake or attempt to damage, disrupt, deny service to, hack, insert code, or otherwise manipulate the Content or the Cinderblock TV Service in any way, including any conduct that would manipulate or otherwise compromise the software, hardware, or telecommunications equipment associated with the Cinderblock TV Service.

A variety of factors may impact the quality of the display of the Content and the display may vary from device to device. You are responsible for all internet access charges and internet data usage charges. Cinderblock TV makes no representations or warranties about the quality of your viewing experience on your device.

When you use the Cinderblock TV Service, you agree to receive updated versions of the Cinderblock TV and related third-party software, and no notice is required for updated versions to automatically install or download onto your device. 

When you use the Cinderblock TV Service, you allow Cinderblock TV to use the processor, bandwidth, and storage hardware on your Cinderblock TV ready device.

When you use the Cinderblock TV Service, you agree that any issues with your Cinderblock TV ready device and its compatibility with the Cinderblock TV Service will be the responsibility of the manufacturer, distributor, or entity/person that sold you the Cinderblock TV ready device. Cinderblock TV will not be responsible or otherwise provide any warranties concerning the performance of Cinderblock TV ready devices. 

When you use the Cinderblock TV Service, you acknowledge that Cinderblock TV will not be responsible or liable to you for any interruptions or other operational difficulties with the Cinderblock TV Service. Additionally, Cinderblock TV has no liability to you for internet or service outages or power failures caused by the actions of government authorities, third parties, or events/persons beyond Cinderblock TV’s control.

When you use the Cinderblock TV Service, you also grant Cinderblock TV the right to provide advertising and other information to you and allow our partners to do the same. Commercial considerations may impact how you access and view the Content. By using the Cinderblock TV Service, you accept that the Content and the Cinderblock TV Service may include advertisements.

6. Content & Intellectual Property

Licensor Content & Cinderblock TV Rights 

Cinderblock TV does not own the Content accessible on the Cinderblock TV Service. The Content is licensed by Cinderblock TV with permission from the respective owners or licensors of such Content. The Content is not sold or transferred to you, and ownership of the Content remains with Cinderblock TV and its licensors. 

All Cinderblock TV trademarks, service marks, logos, domain names, and all other aspects of the Cinderblock TV brand remain the sole property of Cinderblock TV and, as applicable, its licensors.  

User Content

In accordance with these terms, users of the Cinderblock TV Service may post, upload, or otherwise share Content within the Cinderblock TV Service. “User Content” includes, without limitation, all information, materials, images, videos, audio recordings, text, photos, sounds, designs, and all other content uploaded, posted, or otherwise shared on the Cinderblock TV Service. 

You will remain the owner of your User Content posted or shared on the Cinderblock TV Service. When you post or otherwise share User Content on the Cinderblock TV Service, you grant to Cinderblock TV a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content.  

You are solely responsible for all User Content shared on the Cinderblock TV Service. User Content shared on the Cinderblock TV Service is publicly accessible and may be re-shared by others on the Internet. Cinderblock TV is not responsible for what you or others post or share on the Cinderblock TV Service. 

When you upload, post, or otherwise share User Content on the Cinderblock TV Service, you agree that: 

  1. you own or have the right to share the User Content;

  2. such User Content does not violate the intellectual property rights of others;

  3. such User Content does not violate these Terms; and 

  4. such User Content is accurate, truthful, lawful, non-infringing, non-defamatory, and otherwise compliant with all laws, statutes, and policies. 

Cinderblock TV may, but has no obligation to, monitor User Content. Cinderblock TV reserves the right to remove or disable access to User Content for any reason. Cinderblock TV may take such actions without prior notice to you. 

7. Warranty Disclaimers, Limits on Liability, & Indemnification

Warranties. The Cinderblock TV Service is provided “as is,” and we cannot guarantee it will always be safe and secure or that it will work perfectly all of the time. TO THE EXTENT PERMITTED BY APPLICABLE LAW, Cinderblock TV DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. 

Limits on Liability. Cinderblock TV’s responsibility for anything that happens within the Cinderblock TV Service is limited as much as the law will permit. If there is an issue with the Cinderblock TV Service, you agree Cinderblock TV will not be responsible for any lost profits, revenues, information, or data, or for consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms. TO THE EXTENT A COURT OR OTHER BINDING TRIBUNAL FINDS THE PREVIOUS SENTENCE TO BE UNENFORCEABLE, Cinderblock TV’s aggregate liability arising out of or relating to your use of the Cinderblock TV Service will not exceed the greater of $100 or the amount you paid Cinderblock TV during the past twelve months. 

Indemnification. You agree to defend Cinderblock TV (at its request), INDEMNIFY, AND HOLD HARMLESS Cinderblock TV, AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, FROM AND AGAINST ALL CLAIMS, DEMANDS, ACTIONS, SUITS, PROCEEDINGS, LIABILITIES, LOSSES, SETTLEMENTS, JUDGMENTS, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS OR YOUR USE OF THE Cinderblock TV SERVICE. YOU AGREE TO COOPERATE AS REQUIRED BY Cinderblock TV IN THE DEFENSE OF ANY CLAIMS.

Limited Third-Party Rights. You agree that the owners of the Content and the app distributors are intended beneficiaries of these Terms and have the right to enforce these Terms against you. Other than as set out in this paragraph, nothing expressed or referred to in these Terms will be construed to give anyone (including any person, entity, governmental body, or otherwise), other than you and Cinderblock TV, any legal or equitable right, remedy, or claim under or with respect to these Terms or any provision of these Terms. 

8. Arbitration Provision & Class Action Waiver

You and Cinderblock TV agree that any cause of action, legal claim, or dispute between you and Cinderblock TV arising out of or related to these Terms or your use of the Cinderblock TV Service must be resolved by binding arbitration on an individual basis. Class actions and class arbitrations are not permitted. This arbitration provision is governed by the Federal Arbitration Act. You and Cinderblock TV expressly agree to waive a jury trial AND YOU UNDERSTAND THAT THERE IS NO JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. YOU AND CINDERBLOCK TV AGREE THAT THE CLAIMS AGAINST THE OTHER MAY ONLY BE BROUGHT IN YOUR OR Cinderblock TV’S INDIVIDUAL CAPACITY AND NOT AS A CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTED ACTION. 

You and Cinderblock TV agree that arbitration will be settled using a single, agreed-upon arbitrator under the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) then in force (the “AAA Rules”). If a single arbitrator cannot be agreed upon, then you and Cinderblock TV will each appoint one arbitrator and then both arbitrators, in turn, will appoint a third neutral arbitrator to hear the matter. 

Any arbitration hearings will be conducted by phone or videoconference to the extent possible. If the arbitrator determines a hearing should be held in person, the location for such hearing will be determined by the arbitrator in accordance with AAA Rules. 

The decision and award of the arbitrator will be binding, and the award may be entered in any court having jurisdiction. Each party will pay its own costs and expenses related to the arbitration and will split the cost of the arbitrator equally. The arbitrator must follow these Terms. The arbitrator will have no authority to award punitive or other non-compensatory damages to either party, and each party hereby irrevocably waives any right to recover such damages. No damages excluded by or in excess of any damage limitations set forth in these Terms can be awarded. All documents and information disclosed during the arbitration process must be kept strictly confidential by the recipient and may not be used by the recipient for any purpose other than for the purposes of arbitration or enforcement of the arbitrator’s award and may not be disclosed except to persons who have a need to know such purposes (for example, a party’s attorney or accountant). 

A party who intends to seek arbitration must first send written notice of the dispute to the other party, by mail to To: Cinderblock TV LLC, attn: Allen Bryson, PLLC, 211 N. Center St., Longview, Texas 75601, in the case of notice to Cinderblock TV, and to your current email on file, in the case of notice to you, and such written notice must also be sent to Cinderblock TV by certified mail to attn: Allen Bryson, PLLC, 211 N. Center St., Longview, Texas 75601 (the “Notice”). The Notice must describe the nature and basis of the claim and set forth the specific relief sought. Cinderblock TV agrees to use good faith efforts to resolve the claim directly, but if we do not reach an agreement within 30 days after the Notice is received, you or Cinderblock TV may begin an arbitration proceeding. 

This arbitration provision and class action waiver will survive termination of these Terms and your Cinderblock TV membership.

9. General

Governing Law. These Terms will be construed and governed according to the laws of the State of Texas, without giving effect to principles of conflicts of laws.

Changes. These Terms may be changed from time to time. Such revisions will be effective immediately. Any such changes, however, will not apply to any dispute between you and Cinderblock TV arising prior to the date on which these Terms were changed. Your continued use of the Cinderblock TV Service after such change will constitute your acceptance of the changes to the Terms. As always, you may terminate your use of the Cinderblock TV Service if you do not agree to the Terms. 

Agreement. These Terms constitute all the terms and conditions between you and Cinderblock TV and supersede any prior agreements between you and Cinderblock TV related to these Terms. Other terms and conditions governing use of the Cinderblock TV Service are incorporated herein by reference. 

Severability. In the event any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be unenforceable, that provision will be enforced to the maximum extent permissible under applicable law, and the other provisions of these Terms will remain in full force and effect. 

Waiver. Any failure by Cinderblock TV or its assignees to enforce these Terms or any provision in the Terms will not waive Cinderblock TV’s or the assignee’s right to enforce the Terms in the future. 

Assignment. Cinderblock TV may assign these Terms, in whole or in part, along with any of its rights or obligations related to these Terms. You may not assign these Terms or sub-license any rights or obligations under these Terms to any third party.