Terms of Service

Last Modified: June 9, 2025

OVERVIEW

These Terms of Use, including any policies, rules and other terms that are expressly incorporated herein by reference (collectively, these “Terms of Service” or “Terms”), set forth a legally binding agreement between you (“you” or “your”) and 5&2 Studios, Inc. (“we”, “us” and “our”). These Terms govern your use of our website located at gifts.thechosen.tv (the “Site”) and The Chosen Adventures, however accessed and/or used, whether via personal computers, mobile devices, television, tablets or other means (collectively, the “Services”).  The Terms also apply to interactive features or downloads that are owned or operated by 5&2 Studios, Inc., are available through the Services, or that interact with the Services and are linked to these Terms. The Chosen website, located at thechosen.tv, and The Chosen mobile application are owned by the Come and See Foundation. For information about the use of these services, please see Come and See Foundation’s Terms of Service, located here.

Please read these Terms carefully before accessing or using our Services. 

ARBITRATION NOTICE: SECTION 23 (ARBITRATION) OF THESE TERMS CONTAINS A MUTUAL ARBITRATION AGREEMENT (THAT WAIVES YOUR RIGHT TO A COURT HEARING AND JURY TRIAL) AND A CLASS ACTION WAIVER.  YOU AGREE THAT ANY AND ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION.  YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. PLEASE READ SECTION 23 (ARBITRATION) CAREFULLY.  

By accessing or using any part of the Site or the Services, by purchasing something from us, or by clicking to accept these Terms when this option is made available to you, you accept and agree to be bound by these Terms. In addition to these Terms, your access to and use of certain portions or aspects of the Site, or your ability to access and/or use certain Services, may require you to accept additional terms and conditions (collectively, “Additional Terms”). The Additional Terms are hereby incorporated and made a part of these Terms by this reference. 

THESE TERMS GOVERN YOUR ACCESS TO AND USE OF THE SITE AND THE SERVICES.  BY USING THE SITE AND/OR ANY OF THE SERVICES, YOU EXPRESSLY AGREE TO BE BOUND BY THESE TERMS.  IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SITE OR THE SERVICES. 

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We may amend or modify these Terms at any time. We post a notification on the Site in the event of any material changes to these Terms. Such changes, whether in the form of modifications, additions or deletions, shall be effective when specified in the relevant notification or, if the change is immaterial, immediately upon appearing on the Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site and/or Services following the posting of any changes to these Terms constitutes your acceptance of and agreement to those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - AGE REQUIREMENTS 

You must be at least the age of 18 and the age of majority in your state of residence, and fully able and competent to enter into and abide by the terms and conditions of these Terms, in order to access and use the Site and/or the Services, or, with respect to The Chosen Adventures, if you are a minor between the age of 13 years and 18 years, you are permitted to access and use the Site and/or the Services only with the permission of your parent or legal guardian and your parent or legal guardian agrees to these Terms on your behalf. Except for The Chosen Adventures, individuals under the age of 13 years are not eligible to access or use the Site or the Services and may not submit any personal information to us. For more information about our collection and use of children’s data on The Chosen Adventures, please see the Children’s Privacy Policy, located here. You acknowledge and agree that your ability to access and/or use certain Services may require a minimum age that is higher than the applicable age of majority. By accessing or using the Site and/or the Services, or by clicking to accept these Terms when this option is made available to you, you represent and warrant that you are at least the age of majority in your state of residence, are legally entitled to enter into these Terms, are legally able to enter into any and all purchase agreements with us and our partners, vendors, agents and service providers, and have the right, authority and capacity to enter into and abide by the terms and conditions of these Terms. 

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

The division of these Terms into sections and headings of the various sections in these Terms are for convenience of reference only and shall not affect the construction or interpretation of these Terms. You acknowledge and agree that any principle of construction or rule of law that provides that an agreement shall be construed against the drafter of the agreement in the event of any inconsistency or ambiguity in such agreement shall not apply to these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on through the Services is not accurate, complete or current. The material on the Services are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material provided through the Services is at your own risk.

This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify, update, amend or clarify the contents of this Site or the Services at any time, but we have no obligation to update, modify, amend or clarify any information on the Site or the Services, except as required by law. You agree that it is your responsibility to monitor changes to our site. No specified update or refresh date applied on the Site should be taken to indicate that all information on the Site or the Services has been modified or updated. Please remember when reviewing information on the Site or the Services that such information may not represent the complete information available on a subject. In addition, subsequent events or changes in circumstances may cause existing information on the Site or the Services to become inaccurate or incomplete. 

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Products offered on the Site are offered subject to availability. All products should be used strictly in accordance with any applicable instructions, precautions and guidelines. All prices, discounts and promotions posted on the Site are subject to change without notice to the extent permitted by applicable law. We may, from time to time, offer promotions or other discounts on product purchases. We reserve the right to suspend any such promotions, update product information and change prices at any time without notice. We will not be liable if, for any reason, all or part of the Site or the Services is ever unavailable. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or the Services (or any part or content thereof), with or without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the Services. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 – SHIPPING AND RETURN POLICY


Payments


All applicable prices are set forth alongside the goods and services offered on the Services. Such prices are subject to change at any time by us in our sole discretion. Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. By entering into any transaction on the Site, you represent, warrant and covenant that all information you provide is true, correct and complete (including, without limitation, your credit card information and billing address); that any credit card transactions submitted by you are authorized; that charges incurred by you will be honored by your credit card company; that you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order; and that you are the legal holder of any credit card or payment account used to enter into any transaction on the Site.


If, in our sole discretion, we determine that: (i) your means of payment is not valid, (ii) a transaction is not authorized, (iii) your means of payment cannot be processed or verified at the time of any charge, (iv) a charge is disputed for any reason other than failure by us to deliver the item(s) purchased by you, (v) you have abused or misused promotions or promotion codes, as applicable, or (vi) you have otherwise used the Site to enter into an improper transaction, we reserve the right to immediately terminate any pending transactions, suspend your access to the Site, and terminate all of our obligations hereunder.  


When placing an order on our Services, you are effectively offering to purchase whatever products and services you select. 


By agreeing to these Terms, you consent that the payment processing services for products purchased on the Site are provided by a third-party payment processer. 


Shipment


To the extent applicable, we will arrange for shipment of the products to you (subject to any territorial restrictions placed by us).  Risk of loss passes to you upon delivery of the products to the carrier.  You will pay all shipping and handling charges specified during the ordering process.  Shipping and delivery dates are estimates only and cannot be guaranteed.  We are not liable for any delays in shipments. 


Returns/Refunds

With respect to the products offered via the Site, please see the Site for any applicable return policy (it being acknowledged that certain products may not be eligible for returns). If a product is eligible for returns, unless otherwise specified on the Site, our policy is to accept returns of products within thirty (30) days following placement of order and refund your purchase price, less the original shipping and handling costs and less the shipping and handling costs for such return, so long as such return is made with valid proof of purchase and original packing slip and provided such products are returned in unused and unopened condition.  Unless otherwise specified on the Site, to return products, you must first email us at gifts@thechosen.tv including your order number in the subject line in order to initiate the return and to receive instructions for such return.  You are responsible for all shipping and handling charges on returned items unless otherwise specified.  If you feel that you did not receive your purchased product and you have been charged, please contact us at gifts@thechosen.tv.

SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Return Policy.

SECTION 8 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 9 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third parties.

We may provide links and pointers to websites, goods and/or services maintained, owned or controlled by others (“Third-Party Sites”) that are not affiliated with us and may be located in different countries and that may subject to different regulatory and other legal requirements. We have not reviewed all of the Third-Party Sites linked to the Site or the Services and are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties, including, but not limited to, any advertising, order processing and fulfilment, or payment terms related to such Third-Party Sites.  Access to Third-Party Sites through the Site or the Services does not constitute an endorsement by us or any of our subsidiaries or affiliates of any such Third-Party Sites, or the content or services offered by them.  We have no responsibility or liability for these Third-Party Sites’ independent policies or actions and are not responsible for the privacy practices of such Third-Party Sites.  Complaints, claims, concerns or questions regarding Third-Party Sites should be directed to the applicable third party.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

If we provide links to social media platforms, such as Facebook, TikTok, Instagram or X, and you choose to visit any such social media platforms through our links, please note that the personal information you post, transmit or otherwise make available on or through such social media platforms may be viewed by the general public.  We do not control any content or information made available on such social media platforms and we are not responsible for any third-party use of any such content or information, including, without limitation, personally identifiable information, that you have posted, transmitted or otherwise made available on such social media platforms.

You shall not mirror or frame the Site or the Services or any part thereof. You shall not link to the Site or the Services on any other site, service or product which, as determined by 5&2 Studios, Inc. in its sole discretion, (i) publishes, contains, broadcasts or promotes libelous, abusive, offensive, harassing, violent, inflammatory, threatening, defamatory, obscene, indecent, sexually explicit, pornographic or otherwise objectionable materials, (ii) promotes discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation or age, or (iii) publishes, contains, broadcasts or promotes materials that could give rise to any civil or criminal liability under U.S. or international law. You also shall not link to the Site or Services in such a way as to suggest any form of association, approval or endorsement on 5&2 Studios, Inc.’s or its affiliates’ part. If we notify you of a violation of this paragraph, you shall immediately take down the link to the Site or the Services.

SECTION 10 – REVIEWS, USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

We may provide specific opportunities for you to tell us and other users what you think about our products or other services made available on our Site (“Reviews”).  If you take elect to provide a Review, you understand and agree that you shall state your opinions lawfully, honestly and in good faith and reveal to others any conflict of interest or relationship that might influence your views, if applicable.  You hereby grant to us and our affiliates, the royalty-free, perpetual, irrevocable, worldwide, transferable, non-exclusive right and license to use, reproduce, modify, adapt, publish, share, re-post, translate, create derivative works of, and display your Reviews, without payment, royalties, or other consideration to you, in connection with (i) the operation of the Site and/or the Services, and (ii) for our business purposes, including, without limitation, promotion, advertising or marketing of 5&2 Studios, Inc., in any form, medium or technology now known or later developed (including, without limitation, on any of our social media accounts). All Reviews are strictly the opinion of the user posting such Review, and we do not endorse or approve any such Reviews, nor do we have any responsibility or liability for the accuracy, appropriateness or content of such Reviews

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, feedback, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium such ideas, feedback, suggestions, ideas or comments that you forward to us on a royalty-free, perpetual, irrevocable, worldwide, transferable, unrestricted basis. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. 

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 11 – RESTRICTIONS ON USE

You may use the Site and the Services solely for your personal use and enjoyment. The Site, the Services or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.  

To access parts of the Site or the Services, you may be asked to provide certain, sometimes personal, information. It is a condition of your use of the Site or the Services that all the information you provide on the Site or the Services is correct, current and complete.  

When accessing or using the Site or the Services you may not:

  • Use any device, software or routine to interfere with the proper functioning of the Site;

  • Transmit any unlawful, threatening, abusive, libelous, defamatory, discriminatory, obscene, vulgar, pornographic (including, but not limited to, child pornography), profane, obscene, lewd, lascivious, filthy, vile or indecent information of any kind, including images and language;

  • Transmit any message that constitutes, encourages or incites conduct that would constitute a criminal offense or give rise to civil liability;

  • Transmit or solicit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights; is protected by copyright, trademark, or other intellectual property or proprietary rights; or is a derivative work with respect thereto, without first obtaining permission from the owner or right holder; 

  • Transmit any information, software or other material that contains a virus, Trojan horse, time bomb, worm or other rogue programming or other harmful component;

  • Use any software, tool, data, device or other mechanism to navigate or search the Site, other than generally available browsers or a search engine provided by us;

  • Use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute any information or content available on the Site;

  • Frame or utilize framing techniques to enclose any aspect of the Site, including any trademark, logo or other proprietary information (including, but not limited to, images, text, page layout or form) without our express written consent; 

  • Use any metatags or any other “hidden text” utilizing our name or trademarks without our express written consent; 

  • Violate or attempt to violate any security features of the Site (it being acknowledged that any violation of system or network security may subject you to civil and/or criminal liability);

  • Violate security features that prevent or restrict use or copying of any content or enforce limitations on use of the services or the content on the Site, including, without limitation, by use of any manual or automated software, devices, scripts bots, crawlers, spiders, data miners, scraping or other automatic access tools; 

  • Access content or data not intended for you or logging onto a server that you are not authorized to access;

  • Attempt to probe, scan or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization;

  • Interfere or attempt to interfere with service to any visitor, host or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing” or “crashing;”

  • Use the Site to send unsolicited e-mail, promotions, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or advertisements;

  • Forge any TCP/IP packet header or any part of the header information in any e-mail or in any posting; or

  • Attempt to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing the Site.

You will not use the Site or the Services, including but not limited to any text, photographs, images, audio/video clips, “look and feel,” metadata, or compilations of the Site or the Services, for the development of any media, material, entertainment programming, or software program, including, but not limited to, training or otherwise developing a machine learning or artificial intelligence system or algorithm.


A breach or violation of any of the Terms will result in an immediate termination of your access to the Services.


SECTION 12 – USER COVENANTS


By accessing or using the Site and/or the Services, you agree to, acknowledge, and represent as follows: 

  • You will comply with all applicable federal, state or local laws, rules and regulations in using the Site and/or the Services, and you will not perform or fail to perform any act that you know or reasonably should know would place us or our affiliates in violation of any applicable law, rule or regulation.  


  • You have the authority and capacity, under the laws of the state or jurisdiction in which you reside, to make the representations and warranties and be bound by the covenants provided herein.

  • You will abide by these Terms.

  • You are solely responsible for your interaction with anyone on the Services. You agree that we are not responsible or liable for the conduct of any other Service user.   

  • You are solely responsible for obtaining and maintaining all telephone, computer hardware, software, accessories, and other equipment needed for you to access and to use the Services.

  • You will not impersonate any person or entity; falsely claim an affiliation with any person or entity; access the accounts of others without permission; forge another person’s digital signature; misrepresent the source, identity, or content of information transmitted via the Services; or perform any other similar fraudulent activity.

  • You must not stream, broadcast or post or otherwise use information via the Services that may lead to violations of data privacy laws or other harmful violations of personal identity or privacy, including, without limitation, your or any other person’s credit card information, non-public phone numbers, or non-public e-mail addresses. 

  • You will not interfere or disrupt the Services or its servers or networks connected to the Services including by transmitting any worms, viruses, spyware, malware, malicious code, or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with how any Chosen page is rendered or displayed in a browser or on a device.

SECTION 13 – COPYRIGHTS, TRADEMARKS AND OTHER PROPRIETARY RIGHTS 

When accessing and using the Site and/or the Services, you agree to obey all applicable laws and to respect the intellectual property rights of others.  

As between you and us, all content on the Site and the Services, including text, hidden text within our source code, trademarks, software, photos, video, images, graphics, music, audio content, audio-visual content, podcasts, recordings, sound or any other digital media, is owned by us and/or our licensors and is subject to protection by patent, copyright, trademark or other intellectual property or proprietary rights. In addition, the entire content of the Site is copyrighted as a collective work under the United States copyright laws, and we own the copyright in the selection, coordination, arrangement and enhancement of such content. 

All trademarks, trade names, trade dress, logos and service marks (collectively, the “Trademarks”) appearing on the Site and/or the Services are the property of their respective owners, including, in some instances, us and/or our partner companies. Nothing contained on the Site, the Services or these Terms serves to grant you, by implication or otherwise, a license or right to use any of the Trademarks or copyrights owned by us or by any third party.  

Except as expressly provided herein, you may not use, modify, create derivative works of, copy, redistribute, reproduce, publish, transmit, display, commercialize, or in any other way exploit any content from the Site or the Services without express written permission from us and, if applicable, the respective copyright owner. You acknowledge and agree that you do not acquire any ownership rights by accessing or using the Site and/or the Services.


SECTION 14 – PRIVACY

Our Privacy Policy  governs the processing of all personal data collected from you in connection with your use of the Site and/or the Services. The Privacy Policy and its terms and provisions are hereby incorporated and made a part of these Terms by this reference.  You must agree to the Privacy Policy in order to use the Site and/or the Services..


Electronic Communications


You agree that we or our authorized agents may provide you in electronic form any information or other communications regarding our Services. These communications may be provided through our Site, e-mail, text message or another website. When you visit our Site, use the Services, or communicate with us electronically, you consent to receive communications from us electronically.


We may send you responses or notices by e-mail, posting to the Site, or written communication sent by U.S. Postal Service. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.  

SECTION 15 – MOBILE SERVICES 

Certain of the Services are available via a mobile device. To the extent you access the Services through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing or using certain Services, may be prohibited or restricted by your carrier, and not all Services may work with all carriers or devices. You agree that we may communicate with you by SMS, MMS, text message or other electronic means to your mobile device. 

You agree to receive automated marketing calls or texts (e.g., marketing, promotions, discounts, offers for products and/or services, etc.) from or on behalf of 5&2 Studios, Inc. at the phone number(s) you have provided to 5&2 Studios, Inc. Such consent is not a condition of purchasing products or services from us. You acknowledge that message frequency varies and that message and data rates may apply. You further acknowledge that certain of such calls or texts may be artificial and/or pre-recorded. You may opt out at any time by following the applicable instructions provided in such calls or texts.

SECTION 16 – ACCOUNT ACCESS INFORMATION 

In the event you are required to create an account to access any part of the Site and/or the Services, you must treat your account information (including, without limitation, your username, password and any other piece of information required as part of our security procedures) as confidential, and you must not disclose the foregoing to any other person or entity.  You also acknowledge that your account is personal to you and agree not to provide any other person or entity with access to the Site and/or the Services or portions of it using your username, password or other security information.  You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.  You agree to be responsible for any use of the Site and/or the Services or portions of it using your username, password or other security information.  We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time, if you have violated any provision of these Terms.

SECTION 17 – CONTENT 

Subject to, and conditioned upon, your strict compliance with these Terms at any and all times, 5&2 Studios, Inc. grants you a limited, personal, non-exclusive, revocable, non-sublicensable and non-transferable right and license to display, view, use and play certain content streamed from the Site and to download certain content using the features of the Site where the appropriate functionality has been enabled by 5&2 Studios, Inc., in each case, solely for your personal, non-commercial use and enjoyment, and subject to any other limitations and/or conditions applicable to such content as posted on the Site or otherwise disclosed to you. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, any content, and (ii) may be suspended or terminated for any reason, in 5&2 Studios, Inc.’s sole discretion, and without advance notice or liability. Your unauthorized use of the content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.

You may display, view, use and play content on a reasonable number of compatible devices that you own or control (subject to compliance with any applicable device limit restrictions placed by us). If content is made available for download, you shall limit to a reasonable number of downloads (subject to compliance with any applicable download limit restrictions placed by us). Some downloaded content may expire after a given amount of time after downloaded or first played. Certain content may not be available for download at all. Content also may be removed from the Services at any time, and we reserve the right at any time to remove or modify the content, with or without notice. We will not be liable if, for any reason, all or part of the content is ever unavailable.  

You may not: (i) adapt, modify, copy, republish, make available or otherwise communicate to the public, display, perform, transfer, share, distribute, create derivative works of or otherwise use or exploit any content at any and all times, without express written permission from us and, if applicable, the respective copyright owner; (ii) rent, sell, or lease access to, any content; (iii) use any content in any way that is designed to create a separate content service or that replicates any part of the Site; (iv) copy, rip or capture, or attempt to copy, rip or capture, any content from the Site, other than by means of download or store for offline listening in circumstances where 5&2 Studios, Inc. has elected to permit downloads or offline listening of the relevant item of content; (v) burn any content to disc, unless otherwise expressly permitted by us; or (vi) alter or remove, or attempt to alter or remove, any copyright, trademark or other proprietary or legal notices contained in, or appearing on, any content.

SECTION 18 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our Site or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services or the Site is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information on the Site or the Services, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or the Site, should be taken to indicate that all information in the Services or the Site has been modified or updated.

SECTION 19 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site, Services or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of the Site, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or the Site, other websites, or the Internet. We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses.

SECTION 20 – DIGITAL MILLENNIUM COPYRIGHT ACT


5&2 Studios, Inc. is committed to respecting and protecting the legal rights of copyright owners. As such, we adhere to the following notice and take down policy, in full compliance with Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.). We may, in appropriate circumstances, terminate the access of users who infringe or otherwise violate the rights of others.  While we reserve the right to terminate the access of users who infringe or otherwise violate the rights of others in our sole discretion, if you are a Repeat Offender (as defined below), your access to the Site or the Services will be suspended or terminated. “Repeat Offender” shall mean any user of the Site or the Services against whom we receive three (3) or more Infringement Notifications (as defined below). If you believe that your work has been copied and is accessible on the Site or the Services in a way that constitutes copyright infringement, you may notify us (each, a "DMCA Takedown Notice"). To be valid, a DMCA Takedown Notice must (i) be provided to 5&2 Studio, Inc.’s designated agent, ("Copyright Agent"), as set forth below, and (ii) include the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. sec. 512):


  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;


  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;


  • Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;


  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;


  • 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 that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.


Our Copyright Agent to receive DMCA Takedown Notices is: email: legal@thechosen.tv. For clarity, only DMCA Takedown Notices should go to the Copyright Agent; any other feedback, comments, online purchases or other communications should be directed to the applicable customer service links posted on the Services. You acknowledge that in order for Chosen to be authorized to takedown any Content, your DMCA Takedown Notice must comply with all of the requirements of this Section.

SECTION 21 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE AND THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY CONTENT, PRODUCTS AND/OR SERVICES OFFERED VIA THE SITE) IS AT YOUR SOLE RISK. THE SITE AND THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY CONTENT, PRODUCTS AND/OR SERVICES OFFERED VIA THE SITE) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FURTHER, ALL INFORMATION MADE AVAILABLE THROUGH THE SITE AND/OR THE SERVICES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND YOU HEREBY EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANY USE OF, OR RELIANCE ON, SUCH INFORMATION IS AT YOUR SOLE RISK. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SITE OR THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY CONTENT, PRODUCTS AND/OR SERVICES OFFERED VIA THE SITE) WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR THE SERVICES WILL BE ACCURATE OR RELIABLE, THAT THE QUALITY OF ANY CONTENT, INFORMATION OR MATERIALS OBTAINED BY YOU THROUGH THE SITE OR THE SERVICES WILL MEET YOUR EXPECTATIONS, AND THAT ANY ERRORS IN THE SITE OR THE SERVICES WILL BE CORRECTED.    YOUR SOLE REMEDY AGAINST US FOR DISSATISFACTION WITH THE SITE OR THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) IS TO STOP USING THE SITE OR THE SERVICES, AS APPLICABLE.  THE FOREGOING LIMITATION OF RELIEF IS AN ESSENTIAL PART OF THE BARGAIN BETWEEN YOU AND US UNDER THESE TERMS.  PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON THE LENGTH OR SCOPE OF AN IMPLIED WARRANTY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL 5&2 STUDIOS, INC. AND/OR ITS AFFILIATES AND EACH OF OUR AND THEIR RESPECTIVE  LICENSORS, LICENSEES, SERVICE PROVIDERS, CONTENT PROVIDERS, EQUITY HOLDERS, EMPLOYEES, REPRESENTATIVES, AGENTS, OFFICERS, DIRECTORS, MANAGERS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “5&2 STUDIO PARTIES”) BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE REASONABLY FORESEEABLE), RESULTING FROM (I) THE USE OR THE INABILITY TO USE THE SITE OR THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY CONTENT, PRODUCTS AND/OR SERVICES OFFERED VIA THE SITE); (II) ANY ACT OR OMISSION BY YOU THAT IS BASED (IN WHOLE OR IN PART) ON ANY INFORMATION, STATEMENT OR CONTENT THAT IS PROVIDED OR OTHERWISE MADE AVAILABLE TO YOU BY OR THROUGH THE SITE OR THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR OTHER DATA; OR (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE AND/OR SERVICES. IN NO EVENT SHALL THE COLLECTIVE LIABILITY OF THE 5&2 STUDIO PARTIES TO YOU, FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED, IN THE AGGREGATE, ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES AND/OR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.  ACCORDINGLY, IN CERTAIN JURISDICTIONS, SOME OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU; ALL OTHER PROVISIONS OF THESE TERMS REMAIN IN FULL FORCE AND EFFECT.

SECTION 22 - INDEMNIFICATION.

You agree to indemnify, defend and hold harmless the 5&2 Studio Parties from any and all claims, allegations, demands, actions, causes of action, lawsuits, investigations and proceedings (including any and all liability, damages, costs, expenses (including reasonable attorneys’ fees), settlements, fines, penalties and losses of any kind or nature whatsoever resulting from any of the foregoing) arising out or in connection with: (i) your violation or breach of these Terms of Service or the documents they incorporate by reference; (ii) your use of the Site and/or the Services (including, without limitation, any content, products and/or services offered via the Site); (iii) your dispute with another user; (iv) your violation of rights of a third-party; or (v) your violation of applicable law. This indemnification obligation will continue after you stop using the Site and/or the Services. We reserve the right to assume the exclusive defense and control of any claim and matter otherwise subject to indemnification by you at your expense, and you shall not in any event settle or otherwise dispose of any matter without our prior written consent.

SECTION 23 - ARBITRATION


PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY PROVIDE THAT ANY AND ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION.


Timing of Claims


Any Claim (as defined below) you may have with respect to the Site and/or the Services must be commenced within one (1) year after the Claim arises.


Arbitration and Venue 


You agree that any cause of action, claim or dispute (each, a “Claim”) relating in any way to your use of the Site and/or the Services shall be submitted to confidential arbitration as set forth in this Section 23, except that, notwithstanding anything in this Section 23 to the contrary, we may seek injunctive or other appropriate relief in any state or federal court of competent jurisdiction (including, without limitation, if you have in any manner violated or threatened to violate our intellectual property rights), and you consent to jurisdiction and venue in such courts.  YOU AND 5&2 STUDIOS, INC. WAIVE ALL RIGHTS TO A JURY TRIAL, INCLUDING, WITHOUT LIMITATION, ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JURY.


If you elect to seek arbitration, you must first send to us a personal, individualized written notice of your Claim (each, a “Notice”) by e-mail at legal@thechosen.tv.  If we initiate arbitration, we will send a Notice to you in accordance with these Terms. A Notice, whether sent by you or by us, must (i) describe in reasonable detail the nature and basis of the Claim (including the identity of the claimant and the claimant’s counsel (if any), and a detailed description of the legal claims being asserted); and (ii) set forth in reasonable detail the specific relief sought. Following receipt of a Notice, the parties agree to first attempt to negotiate the applicable Claim informally for up to thirty (30) days and you agree to personally participate in such informal negotiations. If the Claim cannot be resolved by the parties through informal negotiation within such thirty (30)-day period, then you or we may commence an arbitration proceeding. During this pre-arbitration negotiation, all offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by either of the parties, or their agents, employees and/or attorneys are confidential, privileged and inadmissible for any purpose, including as evidence of liability, in any arbitration involving the parties.


Arbitration under these Terms shall be submitted to and conducted by the American Arbitration Association under the rules then prevailing of the American Arbitration Association in accordance with its Commercial Arbitration Rules and before a single neutral arbitrator with expertise in the subject matter of the dispute, and in Texas (provided that either party may participate remotely). The expenses of the arbitration charged by the arbitrator shall be appropriately allocated between the parties to the arbitration by the arbitrator in his or her discretion. However, in every other regard, each party shall pay for and bear its own costs and legal fees, costs, and expenses. The arbitration shall be completed within one hundred twenty (120) days of filing a demand to arbitrate with the American Arbitration Association.


Final Arbitration 


The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. The testimony, evidence, ruling and all documentation regarding any arbitration shall be considered confidential information.  Neither party may use, disclose or divulge any such information unless otherwise required by law.


Class Action Waiver


To the fullest extent permitted by applicable law, no arbitration (or other proceeding) under these Terms shall be joined to an arbitration (or other proceeding) involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise.  You agree to an arbitration on an individual basis. IN ANY CLAIM OR DISPUTE, NEITHER YOU NOR WE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER USERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one (1) person’s claims, and may not otherwise preside over any form of a representative or class proceeding.  The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. 

Section 24 – FORCE MAJEURE

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, changes in law, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), cyberattacks, denial of service attacks, restraints or delays affecting carriers, inability to obtain or delay in obtaining adequate or suitable supplies, breakdown of materials or telecommunications, or power outage.

SECTION 25 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any remaining provisions.

SECTION 26 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive any expiration or termination of these Terms and continue in full force and effect. 

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using the Site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 27 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms.  We may assign our rights and duties under these Terms to any party at any time without notice to you and without your express consent.  You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent.  Any purported assignment or delegation in violation of this Section is null and void.  No assignment or delegation relieves you of any of your obligations under these Terms.  There shall be no third-party beneficiaries to these Terms.

These Terms of Service, together with our Privacy Policy, and all other documents incorporated herein by reference and any policies or operating rules posted by us on this site or in respect to the Site and/or the Services constitute the entire agreement and understanding between you and us and govern your use of the Site and/or Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 28 - GOVERNING LAW


These Terms of Service are governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of law. Notwithstanding the foregoing, the Arbitration Agreement in Section 23 above shall be governed by the Federal Arbitration Act.  All claims arising out of or relating to this Agreement, to the Services, or to your relationship with us that for whatever reason are not submitted to arbitration will be litigated exclusively in the federal or state courts of Texas.  You and Chosen consent to the exercise of personal jurisdiction of courts in the State of Texas and waive any claim that such courts constitute an inconvenient forum.

SECTION 29 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 30 – NON-U.S. USE

The Site, and the content, services, products and incentives we may provide from time to time on and through the Site (including the Services) are intended to comply with U.S. state and federal laws and regulations. We make no representation that any of the content or the Services to which you have been given access are available or appropriate for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law. If you are a non-U.S.-based user, be advised that other countries may have laws or regulatory requirements that differ from those in the U.S. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you; all other provisions of these Terms remain in full force and effect.

SECTION 31 - NOTICE FOR CALIFORNIA USERS

Under California Civil Code Section 1789.3, California users of the Site are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N. 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.  

SECTION 32 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at 5&2 Studios, Inc., 8291 Baucum Road, Midlothian, TX 76065 or Gifts@thechosen.tv.