Hulu has developed a Beta Program (“Beta Program”) to allow a limited number of current Hulu subscribers, if selected, to use and provide feedback regarding pre-release versions of certain Hulu services, platforms, or features (“Beta Product”). The Beta Program is designed to, among other things, assist Hulu in researching, analyzing, and validating the usability and reliability of the Beta Product before it is rolled out to the general public (“Purpose”).
By completing the survey to participate in the Beta Program and/or by participating in the Beta Program, you agree to be bound by the terms set forth below, and further certify that: (i) you are over the age of 18; (ii) you have the right and authority to legally bind yourself; and (iii) you or any member of your household do not work for a streaming video service (or comparable company engaged in Internet-based delivery of media content) other than Hulu. If you do not accept these Beta Terms or cannot provide these certifications, you must immediately notify Hulu, and you will be ineligible to: (i) complete the survey to participate in the Beta Program; and (ii) access and use the Beta Product if you are selected to participate.
- Ownership. You acknowledge and agree that Hulu owns all right, title and interest in and to the Beta Product and in any and all intellectual property rights therein, including but not limited to any and all copyrights, patents, patent applications, trade secrets, trademarks and other intangible rights. You will not earn or acquire any ownership rights in any copyrights, patents, trade secrets, trademarks or other intellectual property rights on account of these Beta Terms or your performance thereunder. You understand and agree that your completion of a Beta Program survey and, if applicable, continuing participation in the Beta Program does not obligate Hulu to provide you with any Beta Product.
- License Grant and Restrictions. To the extent you are selected to participate in the Beta Program, and subject to your agreement to and compliance with these Beta Terms, Hulu hereby grants you a limited, personal, nonexclusive, nontransferable and revocable license to use the Beta Product solely for testing and evaluation purposes in connection with the Beta Program. Your use of the Beta Product is limited to: (i) downloading, testing, and evaluating the Beta Product; and (ii) from time to time, sharing your comments, feedback, suggestions and other information regarding your use of the Beta Product (collectively, “Feedback”). You may not use the Beta Product for any other purpose, commercial or otherwise (including reverse engineering, disassembling, or decompiling any prototypes, software or tangible objects provided to you in connection with the Beta Program). All rights not expressly granted to you with respect to the Beta Product are reserved by Hulu.
- Confidentiality and Non-Disclosure. YOU ACKNOWLEDGE AND AGREE THAT ALL ASPECTS OF THE BETA PROGRAM, INCLUDING WITHOUT LIMITATION THE INTRODUCTORY SURVEY, THE BETA PRODUCT, YOUR PARTICIPATION IN THE BETA PROGRAM, YOUR COMMUNICATIONS WITH HULU ABOUT THE BETA PROGRAM, THE RESULTS OF YOUR EVALUATION, OPERATION, AND TESTING OF THE BETA PRODUCT, YOUR FEEDBACK, AND ALL INFORMATION AND MATERIALS DISCLOSED TO YOU BY HULU IN CONNECTION WITH THE BETA PROGRAM, ARE AND WILL REMAIN THE CONFIDENTIAL INFORMATION OF HULU. CONFIDENTIAL INFORMATION INCLUDES, BUT IS NOT LIMITED TO, ALL NON-PUBLIC DOCUMENTS, DESIGNS, TECHNIQUES, SPECIFICATIONS, PRODUCT/FEATURE PLANS, STRATEGIC INFORMATION, EXISTING OR PROSPECTIVE BUSINESS PLANS, EXISTING OR PROSPECTIVE PRODUCT STUDY OR PILOT TEST OBJECTIVES AND/OR RESULTS, AND OTHER INFORMATION RELATED TO THE BETA PRODUCT.
Your Obligations Regarding Confidential Information. All Confidential Information remains the sole property of Hulu, and you have no implied licenses or rights in the Confidential Information not specified in these Beta Terms. To that end, you agree to maintain the Confidential Information in strict confidence and use Confidential Information only for the Purpose. You further agree that you: (i) will not share or discuss Confidential Information with any third parties, including by posting about the Beta Program or Beta Product on any social media or other public platforms (i.e., Twitter, Facebook, Instagram, message boards, blogs, etc.), with the exception of posting within the private Hulu Beta community forum (“Community Forum”); and (ii) will use all reasonable efforts to prevent the unauthorized use, dissemination or publication of Confidential Information. You acknowledge that damages for improper disclosure of Confidential Information may be irreparable; therefore, in the event of any breach of the provisions of these Beta Terms with respect to Confidential Information, Hulu shall be entitled to seek equitable relief, including injunction and preliminary injunction, in addition to all other remedies available at law or in equity.
- Beta Product May Replace Existing Hulu Services. If you are selected to participate in the Beta Program, Hulu may provide you with access to the Beta Product in addition to or in lieu of the current, publicly-available Hulu services corresponding to your subscription. For clarity, you may not be able to use the publicly-available Hulu interface on certain devices while you participate in the Beta Program. If you want to access your existing Hulu experience, you may be required to end your participation in the Beta Program. You acknowledge that you must continue to pay for your Hulu subscription for so long as you participate in the Beta Program. If you cancel your Hulu subscription, your access to the Beta Program will be discontinued. To the extent Hulu gives you complimentary access to one or more services not covered by your subscription, that access will end at the conclusion of your participation in the Beta Program.
- Use of the Beta Product. You agree that you will only use the Beta Product in your personal residence or, if you need to access the Beta Product through a mobile device, you will take reasonable steps to limit public use or display of the Beta Product. You further agree to advise other members of your household who use the Beta Product that the Beta Program is highly confidential and that it cannot be shared with other people, especially via social media. Remember that you are responsible for ensuring their compliance with all terms of these Beta Terms, including the confidentiality obligations discussed in Section 3.
- No Compensation or Employment. You acknowledge that you are participating in the Beta Program on a purely voluntary basis, in consideration of the opportunity to assist Hulu with the Purpose. Hulu makes no guarantee or representation as to whether your Feedback regarding the Beta Product will be used, and you understand and acknowledge that Hulu will not compensate you for your participation in the Beta Program. Furthermore, you acknowledge and agree that nothing in these Beta Terms or in your voluntary submission of Feedback creates any employment or independent contractor relationship between you and Hulu.
- Disclaimer of Warranties, Limitation of Liability, and Indemnity. YOU EXPRESSLY AGREE THAT YOUR PARTICIPATION IN THE BETA PROGRAM IS AT YOUR OWN RISK. THE BETA PRODUCT IS PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE AVAILABILITY, ACCURACY OR CONTENT OF ANY INFORMATION, SERVICES, OR PRODUCTS IN CONNECTION WITH THE BETA PROGRAM. SPECIFICALLY, YOU AGREE THAT YOU MAY ENCOUNTER CERTAIN BUGS, TEMPORARY SERVICE OUTAGES, OR LOSS OF CERTAIN FUNCTIONALITIES IN CONNECTION WITH THE BETA PRODUCT. WITHOUT LIMITING THE FOREGOING, HULU DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY AND PRIVACY OF YOUR DATA, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE BETA PRODUCT WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE. HULU MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD PARTY SERVICE PROVIDERS THAT HELP ADMINISTER AND OPERATE ANY ASPECT OF THE BETA PROGRAM.
IN NO EVENT SHALL HULU OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, THIRD PARTY SERVICE PROVIDERS (INCLUDING THOSE WHO HELP ADMINISTER AND OPERATE THE BETA PROGRAM), AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT LICENSORS) (COLLECTIVELY, THE “HULU PARTIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE BETA PROGRAM OR THE BETA PRODUCT, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE HULU PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN NO EVENT SHALL THE HULU PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED $50. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY. THE PARTIES AGREE THAT THE FOREGOING LIMITATIONS ARE MATERIAL TO THESE BETA TERMS.
YOU FURTHER AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE HULU PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE BETA TERMS, YOUR USE OF THE BETA PRODUCT, OR YOUR FEEDBACK. HULU RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
- Termination. The term of these Beta Terms will commence on the date of your first acceptance of these Beta Terms and continue until the earliest of: (i) the date specified by Hulu as being the end of the period of the Beta Program; (ii) the date upon which Hulu, in its sole discretion, provides notice to you of termination of these Beta Terms or your participation in the Beta Program; (iii) your cancelation of your existing, paid Hulu subscription; and (iv) your violation or breach of any provisions of these Beta Terms (the “Term”). You may also discontinue your participation in the Beta Program at any time, for any reason, by clicking the "Stop Previewing" link at the bottom of any electronic communication Hulu sends to you in connection with the Beta Program and following the instructions.
At the end of the Term or upon your decision to stop participating in the Beta Program: (i) you will promptly deliver to Hulu all Confidential Information, or destroy and certify the destruction of all Confidential Information, including software agents and applications associated with the Beta Product; (ii) the rights granted to you under these Beta Terms with respect to the Beta Product and the Confidential Information will immediately terminate; and (iii) provided you have an active, paid subscription, your access will return to the then publicly-available version of the Hulu services corresponding to your subscription. Hulu’s ownership of your already-submitted Feedback, as well as your confidentiality obligations, the various limitations on Hulu’s liability, and the dispute resolution process, among others, will survive any expiration or termination of these Beta Terms.
- Export Controls. Software and the transmission of applicable technical data, if any, in connection with the Beta Product are subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.
For inquiries or questions regarding these Beta Terms or the Beta Program, please contact us through https://help.hulu.com/.