Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Drift Channel network and its apps and channels, the Drift Channel website at driftchannel.tv, and any related features, content, and services we make available (together, the "Services"). The Services are provided by Silver Stream Studio LLC ("Drift Channel," "we," "us," or "our"). "You" and "your" mean you as a user of the Services.

Drift Channel is a network of always-on, lean-back ambient visual channels for the television. Each channel — for example, the art channel, "Art Drift," which is one of several — presents public-domain and openly licensed (including CC0) imagery drifting full-screen, with optional narrated text and an ambient music bed. Drift Channel is designed for passive, lean-back viewing; there is no interactivity beyond navigating between and within channels. Drift Channel is currently available on Apple TV, with support for Amazon Fire TV and Roku planned. The Services offer a free tier with limited daily viewing and an optional paid subscription. Drift Channel is a software service only. We do not sell physical goods, and there is no shipping, fulfillment, or e-commerce transaction for tangible products.

Please read these Terms carefully. By downloading, accessing, or using any part of the Services, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, do not access or use the Services. These Terms contain a binding arbitration agreement and a class-action waiver that affect your legal rights; please review Section 15 (Dispute Resolution; Binding Arbitration; Class-Action Waiver) carefully.

1. Acceptance & Eligibility

By accessing or using the Services, you represent and warrant that you are at least the age of majority in your state, province, or country of residence, and that you have the legal capacity to enter into a binding agreement. The Services are not directed to, and are not intended for use by, children.

If you are a parent or guardian and you permit a minor dependent to use the Services, you do so on the condition that you agree to these Terms on their behalf and accept full responsibility for their use of the Services. You may not use the Services if you are barred from doing so under the laws of the United States or any other applicable jurisdiction.

2. License to Use the Apps

Subject to your continued compliance with these Terms, we grant you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to download and use the Drift Channel apps on a device you own or control, and to access the Services, solely for your own personal, non-commercial use. All rights not expressly granted to you are reserved by Drift Channel and its licensors.

You agree that you will not, and will not permit or enable any third party to:

• copy, modify, adapt, translate, or create derivative works of the Services or any part of them, except as expressly permitted by these Terms;
• reverse-engineer, decompile, disassemble, or otherwise attempt to discover the source code, underlying models, algorithms, or trade secrets of the Services;
• rent, lease, lend, sell, sublicense, distribute, publicly perform or display, or otherwise commercially exploit the Services or make them available to any third party;
• use any robot, spider, scraper, crawler, or other automated means to access, monitor, extract, index, download, or copy any content, data, or portion of the Services, or bulk-download any content;
• except for the temporary caching your device performs automatically to run the app, cache, mirror, archive, store, frame, deep-link, capture, record, re-stream, or otherwise retain copies of the channel imagery, narrated stories or tours, or ambient audio, or make any of them available offline or through any other product, site, or service;
• circumvent, disable, or interfere with any security, rate-limiting, entitlement, viewing-meter, or access-control feature of the Services;
• remove, obscure, or alter any proprietary notice, label, or attribution displayed in or on the Services; or
• use the Services in any manner that could disable, overburden, damage, or impair them, or interfere with any other party's use of the Services.

This license terminates automatically if you violate any of these restrictions and may be terminated by us at any time as described in Section 17. Your use of the Drift Channel apps is also subject to the applicable app store's usage rules, and you agree to comply with them.

3. Imagery, Narration & Curation

3.1 The Curated Channels

The Services present curated channels of imagery that we source from public-domain and openly licensed (including CC0) collections, presented alongside narrated stories or tours and an ambient music bed. Where practicable, we provide attribution and source information for the works we show. The public-domain or open-license status of a source work applies to that underlying work; it does not grant you any rights in Drift Channel's own curation, arrangement, narration, presentation, or other proprietary materials, which are governed by Section 4.

The imagery we display comprises faithful two-dimensional reproductions of works we believe to be in the public domain or openly licensed. A faithful reproduction of a public-domain two-dimensional work does not, in our view, create any new copyright in the reproduction. We present these images to create an ambient viewing experience and to support our narration and curation; we do not assert, and do not grant you, any copyright in the underlying works or in their faithful reproductions.

Public-domain and open-license classifications, source attributions, and other rights information shown in the Services are provided on a best-effort basis and may be incomplete, outdated, or incorrect. We do not warrant that any work is in fact in the public domain, is openly licensed, is correctly attributed, or is free for you to use, and we make no representation about the copyright status of any work in any jurisdiction. You are responsible for independently confirming the rights status of any work before you rely on or reuse it, and you use rights information from the Services at your own risk. If you believe a work is mislabeled, see Section 7.2.

3.2 Narration, Stories & Arrangement

The narrated text, stories, and tours; the sequencing, pacing, and arrangement of imagery within each channel; the selection of works and channels; and the ambient presentation are created and assembled by Drift Channel. These materials are Drift Channel's proprietary content, are provided solely for your personal, lean-back viewing within the Services, and are governed by Section 4. No license or other right in any underlying source work is granted to you by virtue of your use of the Services, your viewing of any channel, or your exposure to any narration or arrangement.

4. Drift Channel Intellectual Property

The Services and all materials within them that are not sourced public-domain or openly licensed works — including the Drift Channel apps and website, the narrated stories, tours, and editorial text, the selection, sequencing, and arrangement of imagery and channels, the ambient audio programming, software, design, layout, graphics, text, and the Drift Channel and Art Drift names, logos, and branding — are the property of Drift Channel or its licensors and are protected by copyright, trademark, trade-secret, and other laws. Our curation and programming methods, configurations, and pipeline are proprietary and confidential.

Except for the limited license granted in Section 2, nothing in these Terms grants you any right, title, or interest in or to the Services or any Drift Channel intellectual property. You may not copy, reproduce, republish, resell, distribute, publicly display or perform, modify, create derivative works from, reverse-engineer, or scrape any part of the Services or Drift Channel's proprietary content, and you may not register or attempt to register any intellectual-property right in any Drift Channel content or output. All goodwill arising from use of Drift Channel's marks inures solely to Drift Channel.

4.1 No Competing or Derivative Dataset

The imagery catalogue, the narration and stories, and the selection and arrangement of channels are, individually and as a compilation, the result of Drift Channel's substantial investment in selecting, sourcing, arranging, narrating, and programming. Drift Channel owns all rights in this compilation and in the coordination and arrangement of its contents, separate from the copyright status of any individual source work. You will not use the Services, or any content accessed through them, to build, train, populate, seed, benchmark, reproduce, or contribute to any dataset, database, index, catalogue, model, machine-learning or AI system, or product that competes with or is derived from the Services, the imagery catalogue, the narration, or the arrangement. You will not aggregate, combine, or store content from the Services in any collection intended to substitute for the Services. These restrictions apply whether the content is accessed manually or by automated means, and whether or not any individual work is in the public domain.

4.2 Feedback

If you send us feedback, ideas, or suggestions about the Services, you grant Drift Channel a perpetual, irrevocable, worldwide, royalty-free license to use them for any purpose without any obligation to you.

4.3 Equitable Relief and Deletion of Unlawfully Obtained Content

You agree that any scraping, bulk extraction, recording, re-streaming, or unauthorized copying of the imagery catalogue, narration, or arrangement causes Drift Channel irreparable harm for which monetary damages are inadequate, and that Drift Channel is entitled to injunctive and equitable relief without posting bond. If you obtain any content from the Services in violation of these Terms, you must, on our request, immediately cease all use, permanently delete all copies of that content and any dataset, database, index, or model derived from or trained on it, and certify that deletion to us in writing.

5. Drift Channel Pro Subscriptions

The Services offer a free tier with limited daily viewing. Once you reach the daily free-tier viewing limit, further viewing requires an active subscription until the limit resets. The Services also offer an optional paid subscription, "Drift Channel Pro," which unlocks unlimited viewing. Drift Channel Pro is sold and billed through the app store you subscribe through (Apple, and, where the Services are available, Amazon or Roku), and your entitlement is managed on our behalf through RevenueCat. Your subscription is subject to the applicable app store's terms and policies in addition to these Terms.

• Pricing. Drift Channel Pro is offered at $5.99 per month or $39.99 per year. Prices may vary by store and region, and the price applicable to you will be disclosed at the point of sale before you complete your purchase.
• Billing and auto-renewal. Drift Channel Pro is an auto-renewable subscription. Unless you cancel, your subscription will automatically renew at the end of each billing period, and your app store account will be charged the applicable price for the renewal term at the then-current rate, in accordance with the pricing disclosed to you at the time of purchase.
• Apple auto-renew disclosure. For subscriptions purchased through the Apple App Store, payment is charged to your Apple Account at confirmation of purchase. Your subscription automatically renews unless auto-renew is turned off at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period, at the applicable price. You can manage your subscription and turn off auto-renewal in your Apple Account settings after purchase.
• Managing and canceling. You can manage, upgrade, downgrade, or cancel your subscription, and turn off auto-renewal, through the account settings of the app store you subscribed through (Apple, Amazon, or Roku). To avoid being charged for the next period, you must cancel at least 24 hours before the current period ends, or as otherwise specified by that app store.
• Restoring purchases. If you reinstall an app or set up a new device, you can restore an existing Drift Channel Pro subscription from within the app using the "Restore Purchases" option, subject to the applicable app store's account and family-sharing rules.
• Free trials. Where a free trial or introductory offer is made available, its specific terms will be disclosed at the point of sale. Unless you cancel before the trial ends, the trial will automatically convert into a paid subscription and your account will be charged. Any unused portion of a free trial is forfeited when you purchase a subscription.
• Trial eligibility and abuse. Free trials and introductory offers are limited as determined by the applicable app store and by us in our reasonable discretion. You may not take steps designed to obtain more than one free trial or introductory offer, or to evade our free-tier viewing limits. We may withhold, modify, shorten, deny, or revoke a trial or introductory offer, and may charge the applicable price or terminate access, if we determine that you are not eligible or are abusing these offers or our free-tier limits.
• Payment and refunds. Your payment is processed by the app store you subscribe through under its own terms; we do not receive or store your full payment-card details. All purchases are final except as required by applicable law. Refunds, cancellations, and billing disputes are handled by the applicable app store in accordance with its policies, and Drift Channel generally does not have the ability to grant refunds directly.
• Pro access is a revocable license. A Drift Channel Pro subscription grants you a limited, personal, revocable license to unlimited viewing for the paid period; it does not transfer ownership of anything and does not exempt you from these Terms. If we suspend or terminate your access under Section 6 or Section 17 because you violated these Terms, you are not entitled to any refund for the remainder of the paid period, and any Pro entitlement ends immediately.
• Chargebacks and payment reversals. If any payment for Drift Channel Pro is charged back, reversed, refunded, or disputed after you have received the benefit of the subscription, or if we reasonably determine that you have engaged in payment fraud, we may immediately suspend or permanently revoke your access to Drift Channel Pro, downgrade you to the free tier, and decline to provide the Services to you in the future, in each case without notice. Initiating a chargeback or payment dispute for a subscription you in fact ordered and used is a breach of these Terms. We reserve the right to dispute or contest any chargeback, to recover the amounts owed to us together with any fees or costs we incur, and nothing in this section limits any remedy available to us under applicable law.
• Suspected fraud. We may decline, suspend, or cancel a subscription, and disable the associated Pro access, if we reasonably believe the purchase is fraudulent, was made with an unauthorized or stolen payment method, or was obtained in violation of these Terms, the applicable app store's terms, or a payment processor's terms. Where a subscription is canceled for suspected fraud, any related Pro entitlement ends immediately.
• Amounts owed. You are responsible for all charges incurred under your subscription, including any applicable taxes. If any amount you owe is not paid, is reversed, or is charged back, it remains a debt you owe to us, and you agree to reimburse us for the reasonable costs of collecting it, including reasonable attorneys' fees, to the extent permitted by applicable law.
• Changes to features and pricing. We may add, modify, suspend, or remove features of the Services, including features offered under Drift Channel Pro and the limits of the free tier, and we may change subscription pricing. Price changes will apply on a going-forward basis in accordance with the applicable app store's requirements, and where required we will give you advance notice and the opportunity to cancel before a change takes effect.

6. Acceptable Use & Prohibited Conduct

You agree to use the Services only for lawful purposes and in accordance with these Terms. You may access and use the Services only through the interfaces and means we provide and only as expressly authorized by these Terms; any other access to or use of the Services, our systems, or our data is unauthorized. Without limiting anything else in these Terms, you are prohibited from using the Services or any of their content:

• for any unlawful purpose or to solicit others to perform or participate in any unlawful act;
• to violate any applicable international, federal, provincial, state, or local law, regulation, or ordinance;
• to infringe upon or violate our intellectual-property rights or the intellectual-property or other rights of others;
• to capture, record, re-stream, publicly perform or display, or otherwise redistribute the imagery, narration, or ambient audio presented through the Services;
• to introduce or transmit viruses, worms, or any other type of malicious code that will or may be used in any way that affects the functionality or operation of the Services;
• to collect or track the personal information of others;
• to spam, phish, pharm, pretext, spider, crawl, scrape, or otherwise harvest data from the Services;
• to interfere with, disrupt, or circumvent the security features, rate limits, entitlement checks, viewing meter, or infrastructure of the Services, or any related networks;
• to reverse-engineer, extract, or attempt to replicate our curation or programming systems, configurations, or other proprietary technology;
• to access or attempt to access any account, server, system, network, data, or non-public area of the Services that you are not expressly authorized to access;
• to probe, scan, or test the vulnerability of the Services or any related system or network, or breach or attempt to breach any security or authentication measure, without our prior written permission;
• to circumvent, disable, bypass, defeat, or tamper with the Drift Channel Pro paywall, any entitlement, license, or subscription check, or any free-tier or daily viewing limit, or otherwise access, unlock, or use any paid feature without an active, validly purchased entitlement;
• to forge, spoof, replay, tamper with, or share any purchase receipt, subscription token, license key, or entitlement response, or otherwise misrepresent your subscription or entitlement status;
• to take any steps, by automated, deceptive, or bulk means, in order to evade a free-tier or daily viewing limit, obtain more than one free trial or introductory offer, or circumvent a suspension or termination; or
• to initiate a chargeback, payment reversal, or billing dispute in bad faith for a subscription you in fact purchased and used, or to otherwise defraud us or the applicable app store in connection with billing.

A violation of this Section is a material breach of these Terms and is grounds for immediate suspension or termination of your access to the Services, in whole or in part, at our sole discretion, with or without notice. We may also refuse any current or future use of the Services. If we terminate or suspend your access because of a violation of these Terms, you will not be entitled to any refund of any subscription fees or any other amounts, and any remaining subscription time or entitlements are forfeited to the fullest extent permitted by applicable law. Our right to suspend or terminate is in addition to, and not in place of, any other remedy available to us at law or in equity.

We may investigate any suspected violation of these Terms, security incident, or misuse of the Services. In connection with any such investigation, and to the extent permitted by law, we may access, preserve, and disclose information about your use of the Services, and we may report suspected unlawful activity to, and cooperate with, law enforcement and other authorities, including in response to lawful requests. We have no obligation to monitor the Services or to act on any report, but we may do so where we believe in good faith that doing so is reasonably necessary to enforce these Terms, to comply with law or legal process, to protect the rights, safety, or property of Drift Channel, our users, or the public, or to detect and prevent fraud, security, or technical issues.

7. Copyright Complaints & DMCA Takedown

Drift Channel respects the intellectual-property rights of others and expects its users to do the same. The Services present curated public-domain and openly licensed works. If you believe that content available through the Services infringes a copyright you own or control, you may submit a written notice to our designated copyright agent that includes all of the following, as required by the Digital Millennium Copyright Act (17 U.S.C. § 512):

• a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
• identification of the copyrighted work claimed to have been infringed;
• identification of the material that is claimed to be infringing, and information reasonably sufficient to permit us to locate it within the Services;
• your contact information, including your name, address, telephone number, and email address;
• a statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

Notices should be sent to our designated copyright agent:

We will respond to valid notices in accordance with applicable law, which may include removing or disabling access to the material claimed to be infringing. We reserve the right to remove content alleged to be infringing without prior notice.

7.1 Repeat-Infringer Policy

Drift Channel has adopted and will reasonably implement a policy of terminating, in appropriate circumstances, the access of users who are repeat infringers, and of removing works that are the subject of valid notices of claimed infringement. We maintain a record of notices we receive, and we may terminate access without prior notice. Nothing in this policy limits our right to suspend or terminate any user under Section 17.

7.2 Rights Disputes and Catalogue Corrections

Our public-domain and open-license metadata is compiled on a best-effort basis from the sources we rely on, and it can be incomplete or wrong. We do not warrant that any work is in fact in the public domain, is openly licensed, or is free of any third-party right. If you own or control rights in a work that appears in the Services and you believe it is mislabeled or should not be shown, you do not need to file a formal DMCA notice: you may email us at [email protected] identifying the work and the basis for your claim, and we will review it in good faith and may remove or restrict the work while we do. Removing a work is not an admission of infringement, and nothing in this Section limits your other rights or our rights under this Section 7.

Please be accurate. Under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material is infringing may be liable for damages, including costs and attorneys' fees. We may, in our discretion, decline to act on, or seek clarification of, any notice that we determine is incomplete, abusive, or submitted in bad faith.

8. Service Availability & Changes

The Services depend on third-party service providers and third-party infrastructure. We do not guarantee that the Services, or any particular channel or feature, will be available at all times, uninterrupted, timely, secure, or error-free. We reserve the right, at any time and from time to time, to modify, suspend, or discontinue the Services or any channel or feature, temporarily or permanently, with or without notice, and without liability to you or any third party.

9. Third-Party Services & Links

The Services rely on and may interoperate with third-party service providers, including the app stores, subscription-management infrastructure, and hosting infrastructure, and may contain links to websites or resources operated by third parties. We do not control and are not responsible for third-party services, content, terms, or privacy practices, or their availability or accuracy. Your use of any third-party service or website is at your own risk and may be subject to that third party's own terms.

10. Accuracy of Information

Narrated material, attributions, and other information presented through the Services are provided for general informational purposes and may not always be accurate, complete, or current. Colors and imagery may appear differently depending on your television, display, calibration, and viewing conditions. Any reliance on material available through the Services is at your own risk.

The public-domain, open-license, and other rights status we associate with works is provided on a best-effort basis and may be incomplete, out of date, or incorrect. We do not warrant the accuracy of any rights, licensing, provenance, attribution, or public-domain metadata, and you must not rely on it as legal advice or as a determination of the rights status of any work. You are solely responsible for independently confirming the rights status of any work before relying on it, and Drift Channel disclaims all liability arising from your reliance on such metadata.

11. Disclaimer of Warranties

The services, including all content, imagery, narration, ambient audio, and rights and public-domain metadata, are provided on an "as is" and "as available" basis, with all faults and without warranties of any kind, whether express, implied, statutory, or otherwise. To the fullest extent permitted by applicable law, Drift Channel and its affiliates, licensors, and suppliers expressly disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, and non-infringement.

Drift Channel does not warrant that the services will meet your requirements, be available on an uninterrupted, secure, or error-free basis, be free of viruses or other harmful components, or that defects will be corrected. No advice or information, whether oral or written, obtained from Drift Channel or through the services, creates any warranty not expressly stated in these terms. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

12. Limitation of Liability

To the fullest extent permitted by applicable law, in no event will Drift Channel or its affiliates, or their respective officers, directors, employees, agents, licensors, or suppliers, be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or relating to your access to or use of, or your inability to access or use, the services, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not Drift Channel has been advised of the possibility of such damages.

To the fullest extent permitted by applicable law, the total aggregate liability of Drift Channel and its affiliates for all claims arising out of or relating to these terms or the services will not exceed the greater of (a) the total amounts you paid to Drift Channel, if any, in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred U.S. dollars ($100.00).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such cases, our liability will be limited to the greatest extent permitted by law.

13. Force Majeure

Drift Channel will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations that is caused by events outside its reasonable control, including acts of God, natural disasters, epidemics or pandemics, fire, flood, war, terrorism, civil unrest, governmental action, labor disputes, failures or interruptions of the internet, telecommunications, hosting, or other third-party infrastructure, power outages, or cyberattacks.

14. Indemnification

You agree to indemnify, defend, and hold harmless Drift Channel and its affiliates, and their respective officers, directors, employees, agents, licensors, and suppliers, from and against any and all claims, demands, actions, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your access to or use of the Services; (b) your violation of these Terms; or (c) your violation of any applicable law or the rights of any third party. Drift Channel reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense.

15. Dispute Resolution; Binding Arbitration; Class-Action Waiver

Please read this Section carefully. It affects your legal rights, including your right to file a lawsuit in court and to have a jury trial.

15.1 Informal Resolution

Before initiating any formal dispute-resolution proceeding, you agree to first contact us at [email protected] and provide a brief written description of your dispute and your contact information, and to attempt in good faith to resolve the dispute informally for a period of at least thirty (30) days from the date we receive your notice.

15.2 Binding Arbitration

If the dispute is not resolved within that period, you and Drift Channel agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by final and binding arbitration, rather than in court, except as set out in Section 15.4. The arbitration will be administered by a nationally recognized arbitration provider under its applicable consumer arbitration rules, before a single arbitrator, conducted in the English language. The seat of arbitration will be Delaware, or the arbitration may be conducted remotely or in the county of your residence to the extent required by the provider's rules or applicable law. The arbitrator's award may be entered in any court of competent jurisdiction.

15.3 Class-Action Waiver

You and Drift Channel agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. You and Drift Channel waive any right to a jury trial and any right to participate in a class, collective, or representative action. The arbitrator may not consolidate more than one person's claims and may not preside over any form of a representative or class proceeding.

15.4 Exceptions

Notwithstanding the foregoing, either party may (a) bring an individual action in small-claims court for disputes within that court's jurisdiction, and (b) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of its intellectual-property rights.

15.5 30-Day Opt-Out

You may opt out of this arbitration agreement and class-action waiver within thirty (30) days after first accepting these Terms by sending written notice of your decision to opt out to [email protected], including your name and a clear statement that you wish to opt out of arbitration. If you opt out, neither you nor Drift Channel will be required to arbitrate disputes, but the rest of these Terms will continue to apply. Opting out of this arbitration agreement has no effect on any other arbitration agreement you may currently have or enter into in the future with us.

16. Governing Law

These Terms and any dispute arising out of or relating to them or the Services are governed by and construed in accordance with the laws of the State of Delaware and, where applicable, the Federal Arbitration Act and federal law, without regard to conflict-of-law principles. Subject to the arbitration provisions in Section 15, you agree that any claim not subject to arbitration will be brought exclusively in the state or federal courts located in Delaware, and you consent to the personal jurisdiction of those courts.

17. Termination

These Terms remain in effect while you use the Services. You may stop using the Services at any time. We may suspend or terminate your access to all or part of the Services at any time, with or without cause and with or without notice, including if we believe you have violated these Terms. Upon termination, the license granted to you in Section 2 ends immediately, and you must cease all use of the Services. Any provisions that by their nature should survive termination — including Sections 3 through 23 — will survive.

18. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect. If the class-action waiver in Section 15.3 is found to be unenforceable as to a particular claim, then that claim will be severed and adjudicated in court, and the remaining claims will proceed in arbitration.

19. Assignment

You may not assign or transfer these Terms, or any of your rights or obligations under them, without our prior written consent, and any attempted assignment in violation of this Section is void. We may freely assign or transfer these Terms and our rights and obligations under them, in whole or in part, without restriction, including in connection with a merger, acquisition, reorganization, or sale of assets. These Terms bind and inure to the benefit of the parties and their permitted successors and assigns.

20. Electronic Communications

By using the Services or providing us with your email address, you consent to receive communications from us electronically, including service-related messages and notices. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.

21. Entire Agreement; Changes to These Terms

These Terms, together with our Privacy Policy and any additional terms presented to you within the Services, constitute the entire agreement between you and Drift Channel regarding the Services and supersede any prior agreements between you and us on that subject. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of that right or provision.

We may update these Terms from time to time to reflect changes to the Services, our practices, or for legal, regulatory, or operational reasons. When we do, we will revise the "Effective" date above and, where required, provide additional notice. Changes are effective when posted, unless otherwise stated. Your continued use of the Services after changes take effect constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Services.

22. App Store & Platform Terms

Your download and use of the Drift Channel apps, and any Drift Channel Pro subscription, are subject to the terms, usage rules, and policies of the app store through which you obtain the app and subscribe. Section 23 sets out additional terms that apply because Drift Channel is available on the Apple App Store for Apple TV. When Drift Channel launches on Amazon Fire TV and Roku, the additional platform terms of the Amazon Appstore and Roku, respectively, will also apply to your use of Drift Channel on those platforms, in addition to these Terms.

23. Apple App Store — Additional Terms

The Drift Channel app is licensed, not sold, to you, and your license is subject to the App Store's usage rules. These additional terms apply because you obtained the app through the Apple App Store. In them, "Apple" means Apple Inc.

• This agreement is with Drift Channel, not Apple. These Terms are between you and Drift Channel only, and not with Apple. Apple is not a party to these Terms and is not responsible for the app or its content.
• Scope of license. The license granted to you in Section 2 is limited to a non-transferable license to use the app on any Apple-branded device that you own or control, as permitted by the App Store usage rules.
• Maintenance and support. Drift Channel, not Apple, is solely responsible for providing any maintenance and support for the app. Apple has no obligation to furnish any maintenance or support services for the app.
• Warranty. To the maximum extent permitted by applicable law, Apple has no warranty obligation with respect to the app. If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the app to you, if any. Except for that refund, Apple has no other warranty obligation whatsoever with respect to the app. Any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to any warranty are Drift Channel's responsibility, subject to the disclaimers in Section 11 and the limitations in Section 12.
• Product claims. Drift Channel, not Apple, is responsible for addressing any claims by you or any third party relating to the app or your possession or use of it, including product-liability claims, claims that the app fails to conform to any applicable legal or regulatory requirement, claims arising under consumer-protection or privacy law, and claims that the app infringes a third party's intellectual-property rights.
• Intellectual-property claims. In the event of any third-party claim that the app or your possession and use of it infringes that third party's intellectual-property rights, Drift Channel, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of that claim to the extent required by these Terms.
• Legal compliance. You represent and warrant that (a) you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist-supporting" country, and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
• Apple as third-party beneficiary. You acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

24. Contact

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