Spoonful provides a personalized subscription service that allows our members to access videos (“Spoonful Content”) streamed over the Internet to certain Internet-connected TVs, computers and other devices (“Spoonful Ready Devices”).
As used in these Terms of Use, “Spoonful Service”, “Our Service” or “The Service” means the personalized service provided by Spoonful for discovering and watching Spoonful Content and interacting with all features and functionalities of Spoonful including recommendations and reviews, the website, user interfaces, as well as all associated content and software.
These Terms of Use govern your use of Our Service.
1.1. Your Spoonful membership will continue until terminated by either you or Spoonful. Spoonful reserves the right to terminate your membership. In the event that Spoonful terminates your membership, there will be no additional charges to your account other than those incurred prior to the date of termination.
1.2. To use the Spoonful Service you must have Internet access and a Spoonful Ready Device, 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. Unless you cancel your membership before your billing date, you authorize us to charge the membership fee for the next billing cycle to your Payment Method (see “Cancellation” below).
1.3. We may offer a number of membership plans, including special promotional plans or memberships offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. Some membership plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your Spoonful membership by visiting our website and clicking on the “Account” link available at the top of the pages of the Spoonful website under your profile name.
2.1. Your Spoonful membership may start with a free trial. The duration of the free trial period of your membership will be specified during sign-up and is intended to allow new members and certain former members to try The Service.
2.2. Free trial eligibility is determined by Spoonful at its sole discretion and Spoonful may limit eligibility or duration to prevent abuses of free trials. We reserve the right to revoke the free trial and put your account on hold in the event that we determine that you are not eligible. Members of households with an existing or recent Spoonful membership are not eligible. We may use information such as device ID, method of payment or an account email address used in connection with an existing or recent Spoonful membership to determine eligibility. For combinations with other offers, restrictions may apply.
2.3. We will charge the membership fee for the next billing cycle to your Payment Method at the end of the free trial period unless you cancel your membership prior to the end of the free trial period. To view the membership price and end date of your free trial period, visit our website and click the “Billing details” link on the “Account” page.
3.1. Billing Cycle. The membership fee for the Spoonful 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 on the specific billing date indicated on your “Account” page. The length of your billing cycle will depend on the type of subscription that you choose when you sign-up for The Service.
3.2. In some cases your billing date may change. For example, if your payment is unable to be processed at a certain time or if your billing cycle began on a day not contained in a given month, your billing date may change in subsequent months. Visit our website and click on the “Billing details” link on the “Account” page to see your next billing date.
3.3. We may authorize your Payment Method in anticipation of membership or service-related charges, including authorizing it for up to approximately one month of service at the time of registration. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.
3.4. Payment Methods. To use the Spoonful Service you must provide one or more Payment Methods. You authorize us to take payment from any Payment Method associated to your account in the event 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. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.
3.5. Updating your Payment Methods. You can update your Payment Methods by going to the “Account” page. 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).
3.6. Cancellation. You can cancel your Spoonful membership at any time, and you will continue to have access to the Spoonful Service through the end of your billing period. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial membership periods or unwatched Spoonful Content. To cancel, go to the “Account” page and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click “Billing details” on the “Account” page. If you signed up for Spoonful using your account with a third party as a Payment Method and wish to cancel your Spoonful membership, you may need to do so through such third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the Spoonful Service through that third party. You may also find billing information about your Spoonful membership by visiting your account with the applicable third party.
3.7. Changes to the Price and Subscription Plans. We may change our subscription plans and the price of Our Service from time to time; however, any price changes or changes to your subscription plans will apply no earlier than 30 days following notice to you.
4.1. You must be 18 years of age, or the age of majority in your province, territory or country, to become a member of the Spoonful Service. Minors may only use The Service under the supervision of an adult.
4.2. The Spoonful Service and any content viewed through The Service are for your personal and non-commercial use only and may not be shared with individuals beyond your household. During your Spoonful membership we grant you a limited, non-exclusive, non-transferable right to access the Spoonful Service and view Spoonful Content. 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. The Spoonful Service, including Spoonful Content, is regularly updated. In addition, we continually test various aspects of Our Service, including our website, user interfaces, promotional features and availability of Spoonful Content. You can turn off tests participation at any time by visiting the “Account” page and changing the “Test participation” settings
4.4. You agree to use the Spoonful 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 Spoonful Content therein. You agree not to archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) Spoonful Content and information contained on or obtained from or through the Spoonful Service. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Spoonful Service; use any robot, spider, scraper or other automated means to access the Spoonful Service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Spoonful Service; insert any code or product or manipulate the content of the Spoonful 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 Spoonful Service, including any software viruses or any other computer code, files or programs. Spoonful 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.
4.7. The quality of the display of the Spoonful 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 Spoonful 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 0.5 Mbps; however, we recommend a faster connection for improved video quality. A download speed of at least 5.0 Mbps per stream is recommended to receive HD content (defined as a resolution of 720p or higher). A download speed of at least 25.0 Mbps per stream is recommended to receive Ultra HD (defined as a resolution of 1080p or higher) and HDR content. You are responsible for all Internet access charges. Please check with your Internet service provider for information on possible Internet data usage charges. The time it takes to begin watching Spoonful Content will vary based on a number of factors, including your location, available bandwidth at the time, the content you have selected and the configuration of your Spoonful Ready Device.
4.8. Spoonful software is developed by, or for, Spoonful and is designed to enable viewing of Spoonful Content through Spoonful Ready Devices. This software may vary by device and medium, and functionalities and features may also differ between devices. You acknowledge that the use of the service may require third party software that is subject to third party licenses. You agree that you may automatically receive updated versions of the Spoonful Service and related third-party software.
5.1. The member who created the Spoonful account and whose Payment Method is charged (the “Account Owner”) has access and control over the Spoonful account and the Spoonful Ready Devices that are used to access Our Service and is responsible for any activity that occurs through the Spoonful account. To maintain control over the account and to prevent anyone from accessing the account (which would include information on viewing history for the account), the Account Owner should maintain control over the Spoonful Ready Devices that are used to access The Service and not reveal the password or details of the Payment Method associated with the
account to anyone.
5.2. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. Spoonful reserves the right to terminate your account or place your account on hold for any number of reasons, including but not limited to protecting you, Spoonful or our partners from identity theft or other fraudulent activity.
8.1. Governing Law. These Terms of Use shall be governed by and construed in accordance with the laws of Canada.
8.2. Unsolicited Materials. Spoonful does not accept unsolicited materials or ideas for Spoonful Content and is not responsible for any similarity between Spoonful Content and materials, ideas, or other such communications transmitted to Spoonful.
8.3. Customer Support. To find more information about Our Service and its features or if you need assistance with your account, please visit the Spoonful Help Center on our website. In certain instances, Customer Service may best be able to assist you by using a remote access support tool through which we have full access to your computer. If you do not want us to have this access, you should not consent to support through the remote access tool, and we will assist you through other means. In the event of any conflict between these Terms of Use and information provided by Customer Support or other portions of our website, these Terms of Use will control.
8.4. Severability. 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.
8.5. Changes to Terms of Use, Agreement and Assignment. Spoonful may, from time to time, change these Terms of Use. We will notify you at least 30 days before such changes apply to you. We may assign or transfer our agreement with you including our associated rights and obligations at any time and you agree to cooperate with us in connection with such an assignment or transfer.
8.6. Electronic Communications. 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.
