For Service via Set-top Box Version 3.9 and below, Including STB and Personal Computer in United States and Canada
Agreement: This Agreement sets out how KyLinTV
Inc. (“KyLinTV”) will provide the access to KyLinTV IPTV broadcasts,
Video on Demand (“VOD”) and video related services (the "Services") to
you in the United States and Canada (the “Agreement”) for Services via
Set-top Box version 3.9 and below (“STB”). For purpose of this
Agreement, “you” and “your” shall refer to the individual who wishes to
use the Services. By (i) your submission of an online order; (ii) your
acceptance of the Terms of Service electronically during registration;
(iii) your initialing the KyLinTV Term of Service in an Order Form, or
(iv) your use of Services, you agree to be bound by this Agreement,
including future revisions. Any specific terms, conditions,
instructions or service limits relating to the Services that you chose
in your KyLinTV subscription package will be treated as part of this
Agreement.
Other Versions of Terms of Service:2.1 Please
note, access to KyLinTV for iPad® is not included in KyLinTV STB or
KyLinTV STB with PC Service subscription and it requires a separate
subscription purchase. If you are a customer to KyLinTV for iPad® ONLY
Service, please refer to the Terms of Service for iPad® Service at http://www.kylintv.com/kylintv/page/terms-of-service#iPad .
2.2 If you are a customer to PC ONLY Service, please refer to the Terms of Service for PC Service at http://www.kylintv.com/kylintv/page/terms-of-service#pc.
2.3 If you are a customer to Set-top Box (STB) Version 4.0 and above
Service (including STB and PC service), please refer to the Terms of
Service for Service via STB version 4.0 at http://www.kylintv.com/kylintv/page/terms-of-service#set-top-box.
Authorized User, Use, and Responsibility:
You must be 18 years of age or older and have the legal authority
to enter into this Agreement. You affirm that the information you
supplied is correct and complete.
You understand that all information provided by you will be
relied upon by KyLinTV for the provision of Services thus shall be true
and accurate. You agree that KyLinTV may disable or terminate the
Services in the event that you provide false or incorrect information.
You shall promptly notify KyLinTV whenever your personal information or
billing information changes (including for example, your name, email
address, address, telephone number, and credit card number and
expiration date).
You agree to use the Services for personal use only and in
compliance with the then current KyLinTV Authorized Use Policy and any
applicable laws and regulations. You understand that any use of KyLinTV
Service and Equipment for commercial purpose is prohibited.
You accept that KyLinTV considers anyone using the Services at
the installation address you provided to be authorized by you and you
must pay all charges due from that use.
Term: This Agreement goes into effect upon your
acceptance of this Agreement and shall continue until canceled or
terminated by either party as permitted by this Agreement.
Payment of Charges:
The current effective subscription fees for KyLinTV packages are set out at http://www.kylintv.com
You agree to pay all charges for the Equipment(s) and the
Services, including any charges for late payment. The method of payment
will be either as set out in this Agreement or as we otherwise agree
with you.
You agree to provide KyLinTV with a valid major credit card as
the designated form of payment at initial sign-up, and will maintain
the validity of the credit card information while your subscription is
active unless we otherwise agree upon.
Authorization: You agree to authorize KyLinTV to
automatically charge your designated credit card for the following
types of fees (including tax applicable):
i. Monthly Subscription Fee: For subscription to any
monthly plan of Base Channel Package and Premium Package and to
Promotional Plan which requires monthly payment (excluding 24-months
plans) (collectively the “Monthly Subscription”), you will be charged
at the beginning of each calendar month for the balance of that month's
subscription fee and taxes applicable. Billing for new Monthly
Subscriptions will begin on the earlier of (i) seven (7) days after the
date KyLinTV receives and processes the new order; or (ii) the date you
start using the Services. If the billing start date for new Monthly
Subscription falls in the middle of a month, you will be charged a
pro-rated fee for this partial month at the beginning of the next month
together with the full monthly fee of the next month. A minimum 12
months commitment required for Monthly Subscription.
ii. Subscription Fee for 24-month Plan:
For subscription to any 24-month Plan of Base Channel Package (the
“24-month Subscription”), you will be charged at the beginning of each
calendar month for the balance of that month's subscription fee and
taxes applicable. Billing for new 24-month Subscription will begin on
the earlier of (i) seven (7) days after the date KyLinTV receives and
processes the new order; or (ii) the date you start using the Services.
You must make 24 months commitment to the subscribed Channel Package.
You agree that KyLinTV can automatically debit your credit card for all
fees if your subscription is automatically renewed according to
Section 8. iii. Prepaid Subscription Fees: For Subscription to
any prepaid plan of Base Channel Package, Premium Package and VOD
Package and to Promotional Plan which requires payment of total
subscription fee upfront (collectively, the “Prepaid Subscription”), you
will be charged upfront for the Subscription Fee and tax applicable of
the complete mandatory subscription period at the time the order is
received by KyLinTV. However, the billing start date will begin on the
earlier of (i) seven (7) days after the date KyLinTV receives and
processes the new order; or (ii) the date you start using the Services.
KyLinTV will provide you access to the Services for the number of
consecutive months period as specified in terms of applicable Prepaid
Subscription beginning from the billing start date. You agree that
KyLinTV can automatically debit your credit card for all fees if your
subscription is automatically renewed according to Section 8. iii. For All Subscription Plans: (a) VOD Fee by Usage: The charge for VOD by usage
will be set out on your program information screen. Each title will be
charged only once during the same calendar month. If you are a
subscriber of Monthly Subscription or 24-month Subscription, you will
be billed each month for VOD viewing fees if applicable based on actual
usage or orders placed during the previous month in addition to Monthly
Subscription fees. If you are a subscriber of Prepaid Channel Package
Plan(s), you will be billed monthly for any applicable VOD fees for VOD
orders placed during the previous month in addition to the initial
Prepaid Subscription Fee. This clause does not apply if you subscribe
Prepaid VOD Package Plan(s).
(b) Shipping and Handling, Activation, and Applicable Service Fees: The
charges for shipping and handling, activation and applicable service
fees are set out in your Order Form. KyLinTV will charge your designated
credit card for shipping and handling fees, activation fee, as well as
other applicable service fees that you have pre-approved either during
your initial subscription order or during the course of your usage of
KyLinTV. You acknowledge and agree that ALL shipping and handling,
activation and other applicable service fees are non-refundable. (c) Equipment Fee and Equipment Deposit: as set forth in Section6A, 6B and 6D. (d)Late Payment Charge: as set forth in Section 7. (e)Suspension Fee: as set forth in Section 10. (f)Cancellation Fee: as set forth in Section 11. (g) Any additional charges for failure to return Leased Equipment: as set forth in Section 6C. E.Dispute of Charges: Your monthly
statement of KyLinTV Services will be available online through your
KyLinTV account. If there is any dispute item in the statement, you
shall notify KyLinTV of such disputed items within thirty (30) days of
receipt, or such greater amount of time as permitted by law. Failure to
timely notify us of a dispute shall constitute your acceptance of the
corresponding bill. Undisputed portions of a billing statement must be
paid before the next billing statement is issued or you agree to pay a
Late Payment Fee as described in Section 7. Disputes can be filed
either by calling KyLinTV at 1-877-888-8598 or sending e-mail to info@kylintv.com. Please retain your proof of filing a dispute claim. F. You agree that KyLinTV is not responsible for any
charges or expenses (e.g., for overdrawn accounts, exceeding credit
card limits, etc.) resulting from charges billed by KyLinTV. If the
charge transaction against your designated credit card is refused by
the merchant account for any reason (card expired, insufficient credit
limit, etc.), KyLinTV will suspend the Services until you pay all
amounts due upon demand by KyLinTV. G. Currency Loss: You understand that you will take
the risk of the fluctuation of currency exchange rate by your own if
the charges are billed in currency other than US dollar. You agree that
KyLinTV is not responsible for any money loss resulting from the
fluctuation of currency exchange rate. H. Customer Reaffirmation: Every time you use
KyLinTV Services, you reaffirm that (i) KyLinTV is authorized to charge
your designated credit card; (ii) KyLinTV may submit charges incurred
under your account for payment; and (iii) you will be responsible for
such charges, even if your Subscription is canceled or terminated.
Equipment: To receive the Services from KyLinTV,
you may either purchase or lease the equipment which constitutes
primarily by, but not limited to, cables, wires, amplifiers,
STB/receivers and remotes (the “Equipment”).
Purchased Equipment: If you elect to purchase
KyLinTV Equipment(s) ("Purchased Equipment"), you agree to pay the then
effective market price of the Equipment (currently $99 USD per
Equipment) and any applicable sales, usage, and other taxes for each
Equipment you purchase.
Leased Equipment: If you elect to lease Equipment
from KyLinTV (the “Leased Equipment”), you will need to pay a one-time
deposit for each Equipment you lease (the “Equipment Deposit”) equals
to the amount of (i) fifty US dollars ($50 USD) if your designated form
of payment is credit card; or (ii) ninety-nine US dollars ($99 USD) if
your designated form of payment is other than credit card. KyLinTV
will automatically charge your designated credit card for the
applicable Equipment Deposit at the time the order is received.
KyLinTV Property; Return of Leased Equipment:
All Leased Equipments remain the property of KyLinTV. You must return
all Leased Equipments directly to KyLinTV’s designated return address
at your own cost within ten (10) business days upon termination or
cancellation of the Services or upon receiving KyLinTV’s notice of
revoking the grant of Additional Equipment(s) (herein defined in
Section 5D). If the Leased Equipment is returned on time and in good
working condition, KyLinTV will credit your designated credit card
account for the amount of the original Equipment Deposit you paid. You
need to keep the tracking number provided by the delivery service you
use (for example, UPS tracking number) as evidence of your compliance
with your obligation to return the Equipment. You agree to bear any
additional costs incurred by KyLinTV to insure return of the Equipment.
Failure to timely return Leased Equipment at the end of your
subscription will result in for each Leased Equipment not returned: (i)
forfeiture of the Equipment Deposit, and (ii) a charge for the
difference between then market price of the Equipment (currently $99 USD
per Equipment) and the Equipment Deposit you paid. You agree to pay
such charges whether the Equipment is lost (through theft or otherwise)
or destroyed (through accident, act of God or otherwise).
Additional Equipment: We may allow you to place
up to three additional Equipments on your account in our sole
discretion (the “Additional Equipment”). Each Additional Equipment will
be authorized to receive the same Services as your initial Equipment.
You understand that this option is only available if your initial
Equipment and Additional Equipment(s) are located at the same residence
registered with your account and are continuously connected to the
same modem as you use for the initial Equipment; any usage outside the
conditions set forth above may result in the denial of access to
Services of all of the Equipments. Unless otherwise specified in the
terms and restrictions, if any, applicable to the promotion(s) pursuant
to which you are receiving Services and/or Equipment, KyLinTV will
charge you an Equipment Deposit for each Additional Equipment pursuant
to Section 6B. You will also need to pay each month an Additional
Equipment Service fee equals to eight dollars ninety-nine cents US
dollar ($8.99 USD) multiply the number of Additional Equipment(s) you
activated under the account in addition to the subscription fees you
pay for the initial Equipment, regardless of whether it is a Monthly
Subscription, 24-month Subscription or Prepaid Subscription. The
charges of VOD by Usage through all the Equipments you ordered will be
merged and listed together on your monthly statement. If you desire to
receive Services at two different residential locations, you must open a
separate account for each location. KyLinTV reserves the right to
revoke the grant of Additional Equipment(s) if KyLinTV reasonably
believes that you fail to meet the conditions set forth above. In that
event, you agree to return the Additional Equipment(s) within ten (10)
business days upon KyLinTV’s notice and, in addition to all other
applicable fees, you agree to pay us the difference between the amounts
actually received by us and the full retail price (currently $99 per
Equipment) for the Services authorized for the Additional Equipment(s)
on your account.
Care of KyLinTV Property: You agree that
neither you nor any other person (except KyLinTV's authorized
personnel) will open, tamper with, service, make any alterations to, or
remove any Leased Equipment from its point of initial installation.
Any alteration, tampering, removal, etc., or the use of Leased
Equipment which permits the receipt of Services without authorization or
the receipt of Services to an unauthorized number of outlets, or to
unauthorized locations constitutes theft of Services and is prohibited.
During the Term of the Agreement, rights of lien and retention by
third parties over the Leased Equipment are expressed waived.
You agree that you will not try to reverse-engineer, decompile or
disassemble any software or hardware contained within any Equipment
provided by KyLinTV. Such actions are strictly prohibited and may
result in the termination of this Agreement, disconnection of your
Services and/or legal action.
Late Payment: If you delay payment, KyLinTV will
send you a reminder or call you and temporarily disconnect
you to the Services. The Services will be reinstated soon after you pay
in full the amount demanded by KyLinTV. If you delay your payment for
one (1) months from the date of billing, KyLinTV will initiate the
collection procedure and charge you a late payment charge of twenty-five
US dollars ($25 USD) (the “Late Payment Charge”) by way of
compensation to KyLinTV for breaching the terms of this Agreement. You
agree that in the case of late payment or nonpayment for any Services
ordered by you or for any of the charges stated above, KyLinTV, in its
sole discretion, may report such late payment or nonpayment to credit
reporting agencies.
Renewal: You may change your subscription in
accordance with Section 9 of this Agreement or cancel the Services in
accordance with Section 11. If you do not choose either of the actions
as instructed in each section, Monthly Subscription and 24-month
Subscription will automatically be renewed each month at the then
prevailing subscription fee for the same package; Prepaid Subscription
will automatically renew at annually basis at the completion of the
mandatory subscription period for the package at the then prevailing
subscription fee of the package. The subscription fee will be charged
in accordance with Section 5(D). For clarity, automatic renewal does
not apply to Prepaid Subscription of VOD Package.
Subscription Plan Changes: A. Unless otherwise provided in the terms and restrictions of the Promotional Plan(s), changing from Monthly Subscription to Prepaid Subscription or 24-month Subscription can
be done at any time upon your request. Requests will be processed by
the close of the next business day and the change of the plan will take
effect from the 1st day of the following month. For avoidance of
doubt, you are still obligated to pay the full monthly subscription fee
under the fee schedule of the original plan you subscribed to for the
month immediately before the change of plan takes effect. KyLinTV will
charge your designated credit card for the new Prepaid Subscription Fee
according to Section 5(D) (iii) or for 24-month Subscription Fee
according to Section 5(D) (ii). B. Changing between Prepaid Subscription of Channel Package Plans requires
you to notify KyLinTV at least thirty (30) days prior to the
expiration of the existing Prepaid Subscription. At the expiration of
the existing Prepaid Subscription, you will be billed for subscription
fee of new Prepaid Subscription of channel package according to Section
5(D) (iii).
C. Changing from Prepaid Channel Package Plan or 24-month Channel Package Plan to Monthly Channel Package Plan requires
you to notify KyLinTV at least thirty (30) days prior to the
expiration of the existing Prepaid Subscription or 24-month
Subscription. At the expiration of the existing Prepaid Subscription or
24-month Subscription, you will be billed according to Section 5(D)
(i) for the new package you changed to. D. Changing between Monthly Subscription Plans can
be done at any time upon your request. Request will be processed by the
close of next business day and the change of plan will take effect
from the 1st day of the following month. KyLinTV will bill you for the
new package according to Section 5(D) (i).
Suspension: You may request suspension of your
subscription up to a maximum period of six (6) consecutive whole months
at a suspension fee (“Suspension Fee”) of five US dollars ($5.00 USD)
per month per account. The minimum period for suspension is one (1)
month and the maximum is six (6) months. You must specify the
suspension start month and duration in whole months at the time of
request. You will be charged in advance the one-time non-refundable
Suspension Fee at time of request for the number of months requested.
Services will be stopped from the 1st day of the suspension start month
you specified and will be automatically reactivated on the same
calendar date of the last elapse month for the period specified. For
clarity, the suspension period does not count as part of subscription
period. A. For Monthly Subscriptions and 24-month Subscription,
there will be no Monthly Subscription Fee, apart from the monthly
Suspension Fee, for the number of months requested beginning with the
next calendar month following the suspension date; however, in the
calendar month immediately following the suspension date there will be a
charge for any applicable VOD viewing fees for titles viewed in the
prior month before the suspension date. B. For Prepaid Subscriptions, you agree that there
will be an extension of the Subscription period of Prepaid Subscription
by the number of elapsed months specified at the time of suspension.
In addition, if you subscribe the Base Channel Packages, there will be a
charge in the calendar month immediately following the suspension date
for any applicable VOD viewing fees for titles viewed in the prior
month before the suspension date.
Cancellation: A. For Monthly Subscription, except otherwise set
out in this Agreement or in the terms and restrictions of the Promotion
Plan, you may request cancellation of the subscription at anytime. The
cancellation will take effect on the 1st day of the following month.
In the event that your account is cancelled, all VOD movies and TV
Drama Episodes viewed during that month will be charged. A minimum 12
months commitment required for Monthly Subscription. You will be
subject to a cancellation fee equal to twelve US dollars (USD $12)
multiplying the months remaining in your term commitment (maximum 144)
if you cancel the Services prior to reaching twelve (12) months of
subscription.
B. For 24-month Subscription, if you cancel the
Service prior to the completion of mandatory commitment period, you
will be subject to a cancellation fee equal to twelve US dollars (USD
$12) multiplying the months remaining in your term commitment (maximum
US$288). The cancellation will take effect on next business day. In the
event that your account is cancelled, the cancellation fee, all VOD
movies and TV Drama Episodes viewed before the termination of the
Service will be due immediately and be charged on your designated credit
card. C. For Promotional Plans which have mandatory subscription period,
unless otherwise provided in specific terms and restrictions of the
promotion offer, if you cancel your Services prior to the expiration of
that mandatory subscription period, you will continue to be charged a
minimum monthly subscription fee until payment of same for complete
mandatory subscription period have been made. In addition, KyLinTV may,
at its sole option, charge back the promotion offers we have been given
at the standard retail price. After mandatory subscription period has
been reach, you may cancel the applicable Promotional Plans at anytime
and the calculation of balance due shall follow Section 11(A),
regardless of the cancellation clause. D. For Prepaid Subscription, except where legitimate
reason for cancellation exist, you may not cancel Prepaid Subscription
until the mandatory subscription period is satisfied. If you terminate
your subscription prior to the completion of the mandatory subscription
period, KyLinTV will not prorate, nor refund you the Subscription Fees
of the Prepaid Subscription you ordered.
Disruption of Services: You agree that in no
event shall KyLinTV be liable for any failure or interruption of
program transmissions or Services resulting in part or entirely from
circumstances beyond KyLinTV's reasonable control. Subject to
applicable law, credit will be given for qualifying outages. In any
event, if there is a known program or service interruption in excess of
24 consecutive hours (or in excess of such lesser time period pursuant
to state law), you shall prompt notify of such failure or interruption
to KyLinTV and KyLinTV may either provide you with a pro-rata credit
relating to such failure or interruption or, at its discretion, in lieu
of the credit provide alternative programming during any program
interruption. You agree that KyLinTV shall not be liable for any
incidental or consequential damages.
Repair of Leased Equipment: KyLinTV will repair
and/or replace defective Leased Equipment as long as such damage was
not caused by your misuse or other improper operations or handling. A
service charge may be imposed if damage to Leased Equipment is due to
your negligent use or abuse or if no fault is discovered in KyLinTV's
system or Equipment. In addition, an Equipment charge may be imposed
for the repair or replacement of any lost, stolen or damaged KyLinTV
Leased Equipment. KyLinTV makes no warranties, with respect to KyLinTV
Leased Equipment or Services provided by KyLinTV or with respect to the
Equipment's compatibility with any Customer-owned equipment.
KyLinTV Purchased Equipment Warranty: A. KyLinTV warrants to you that the Purchased
Equipment will be free from defects in workmanship and materials, under
normal use and service, for one year from your date of purchase. You
agree that KyLinTV's sole obligation under this express warranty shall
be, at KyLinTV's option and expense, to repair the defective Purchased
Equipment or part, deliver to you equivalent Purchased Equipment or
part to replace the defective item, or if neither of the two foregoing
options are reasonably available, KyLinTV may, on its sole discretion,
refund to you the purchase price paid for the defective Purchased
Equipment. Purchased Equipment that is replaced will become the property
of KyLinTV. Replaced Purchased Equipment or parts may be new or
reconditioned. KyLinTV warrants any replaced or repaired Purchase
Equipment or part for ninety (90) days from shipment, or the remainder
of the initial warranty period, whichever is longer. B. You shall promptly notify KyLinTV for warranty
claims that Purchased Equipment is non-conforming to obtain a Return
Materials Authorization number and return shipping information. Upon
receipt and verification of non-conformity, KyLinTV will ship the
repaired or replaced Purchased Equipment to you. C. KyLinTV will not be liable under this limited
warranty if its testing and examination disclose that the alleged defect
or malfunction in the Purchased Equipment does not exist or results
from: (i) failure to follow KyLinTV's installation, operation, or
maintenance instructions; (ii) unauthorized product modification or
alteration; (iii) abuse, misuse, negligent acts or omissions of you and
persons under your control; or acts of third parties, acts of God,
accident, fire, lightning, power surges or outages, or other hazards. D. YOU ACKNOWLEDGE AND AGREE THAT IF PURCHASED
EQUIPMENT DOES NOT OPERATE AS WARRANTED ABOVE, YOUR SOLE REMEDY FOR
BREACH OF THAT WARRANTY SHALL BE REPAIR, REPLACEMENT, OR REFUND OF THE
PURCHASE PRICE PAID, AT KYLINTV'S OPTION. TO THE FULL EXTENT ALLOWED BY
LAW, THE FOREGOING WARRANTIES AND REMEDIES ARE EXCLUSIVE AND ARE IN
LIEU OF ALL OTHER WARRANTIES, TERMS, OR CONDITIONS, EXPRESS OR IMPLIED,
EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE,
INCLUDING WARRANTIES, TERMS, OR CONDITIONS OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, CORRESPONDENCE WITH
DESCRIPTION, AND NON-INFRINGEMENT, ALL OF WHICH ARE EXPRESSLY
DISCLAIMED. KYLINTV NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO
ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH THE SALE,
INSTALLATION, MAINTENANCE OR USE OF ITS PRODUCTS.
Communication Charges: In order to receive
Services from KyLinTV, you agree that you are responsible for obtaining
and maintaining at your own expense all equipment and services needed
to access KyLinTV Services. You also agree to bear any communication
charges incurred by accessing KyLinTV Services through a third-party
network, such as a cable or wireless carrier.
Customer Property: KyLinTV assumes no
responsibility for the maintenance or repair of equipment you provided,
including but not limited to television sets, VCRs or other video
equipment, remote controls, wireless cards, and stereos or other audio
equipment. You shall be responsible for the repair and maintenance of
any equipment you provided.
Access to Customer Premises: When you elect
onsite installation, you agree to provide KyLinTV's representatives
with access at reasonable times to your premises to inspect and
maintain the Leased Equipment, and upon termination of Services, to
remove the same from the premises. Where necessary, you must also
obtain permission from third parties (as the landlord for example) for
the planned installation work before the KyLinTV onsite installation is
carried out.
Customer Information:
KyLinTV maintains your personal identification information for
the purpose of account management, billing and collections, customer
support and service management. You agree that KyLinTV may also
aggregate anonymous, non-personal information for reporting and
analysis purposes related to your viewing and usage of KyLinTV
Services.
You agree that KyLinTV may record your conversations with KyLinTV
call center representatives for the purpose of tracking records and
improvement of our Customer Service.
Reproduction of Programs: You agree that the
programs provided by KyLinTV will be utilized solely for your personal,
non-commercial use and will not be duplicated except in compliance with
applicable law. If we reasonably believe you have misused the Service,
we may take immediate action to disconnect you to the Services or
terminate your agreement with us.
KyLinTV's Rights: A. KyLinTV has no obligation to monitor content or
Services accessible by means of the KyLinTV STB or wireless card.
However, you acknowledge and agree that KyLinTV has the right to
monitor content from time to time and to disclose any information as
necessary to satisfy any law or regulation to operate its programming
properly, or to protect itself or its Customers. B. KyLinTV shall have the right to determine in its
sole discretion what constitutes an "inappropriate" or "commercial
use" of KyLinTV's Equipment and Services.
Customer Service: If you have any technical
faults and administration questions or want to request any changes in
your KyLinTV account, you may contact KyLinTV customer service. The
contact information of KyLinTV is available at http://www.kylintv.com/kylintv/page/contact-us.
Assignment or Transfer: This Agreement and the Leased Equipment are not assignable or otherwise transferable by you.
Breach of Agreement: KyLinTV, at its option, may
suspend or terminate the Services and remove the Leased Equipment
without notice if: (i) you break any terms or conditions of this
Agreement or make a material misstatement in any details supplied to
us; or (ii)you fail to pay the payment due for the Services within 30
days after KyLinTV’s written notice; or (iii) if for reasons outside
KyLinTV’s control, KyLinTV cannot continue to provide the Services; or
(iv) if you are involved in unlawful copying of content of any of the TV
Services. KyLinTV’s failure to remove such Equipment shall not be
deemed abandonment thereof. You agree to pay for reasonable attorney's
fees to KyLinTV in the event that KyLinTV shall find it necessary to
preserve and protect its rights under this Agreement.
Programming: All programming, program services,
program packages, number of channels, channel allocations and broadcast
channels are at the sole discretion of KyLinTV and are subject to
change at any time in accordance with applicable law. You may find the
information about latest version of packages and channels available at: http://www.kylintv.com
Disclaimer: KyLinTV assumes no liability for any
program or information distributed over the system unless locally
produced by KyLinTV. KyLinTV shall not be responsible for any products,
merchandise or prizes promoted on or purchased through the use of the
system, unless such product, merchandise or prizes are provided
directly by KyLinTV.
Limitation of Liability: KyLinTV aims to provide
a continuous, high-quality service, but we do not warrant that the
Services or Equipment provided by KyLinTV will perform at a particular
speed or will be uninterrupted, or error-free. The Services can vary
depending on location, line quality, inside wiring, Internet traffic,
and other factors beyond the control of KyLinTV. In no event shall
KyLinTV (or its officers, employees, parent, subsidiaries, or
affiliates), its third party licensors, providers or suppliers, be
liable for: (i) any direct, indirect, special, consequential or
incidental damages, including without limitation, lost profits or loss
of revenue or damage to data arising out of the use, partial use or
inability to use the Services, regardless of the type of claim or the
nature of the cause of action, including without limitation, those
arising under contract, tort, negligence or strict liability, even if
KyLinTV has been advised of the possibility of such claim or damages,
or (ii) any claims against Customer by any other party.
Severability: If any part, term or provisions of
this Agreement is found to be illegal or unenforceable by the court,
the remainder of this Agreement shall continue to govern our provision
of the Services to you.
Choice of Law: You and KyLinTV agree that this
Agreement, and any supplements, modifications, addendums and any other
change, and the relationship it creates between Customer and KyLinTV,
shall be construed by and covered under and in accordance with the laws
of the State of New York without reference to its principles of
conflicts of laws.
Glossary
“Base Channel Package” shall mean the packages which
are required to be ordered before availability of Premium Packages and
Video on Demand (VOD) Packages (defined hereinafter). It includes
KyLinTV Basic Package; Great Wall TV Package; KyLinTV Basic Taiwan
Package; Taiwan Select Package; Basic + Great Wall TV Package; Basic +
CCTV Package; Basic + Phoenix TV Package; China TV Select Package. “Premium Package” shall mean the packages which are
available only with order of one of the Base Channel Packages,
excluding VOD Packages. It includes but not limited to Phoenix TV
Package, ETTV America Package, CTI Zhong-Tian Package, Religious
Option, STAR TV Premium Package and English Channel Select Package. “Promotional Plans” shall mean the special packages
launched for a limited time promotion which have strict provisions of
qualification, a minimum mandatory subscription period and benefits
exclusively for qualified subscribers. “VOD Packages” shall mean the Video on Demand
Packages which are available only with order of one of the Required
Packages. It includes but not limited to Happy Kids VOD Package,
Parents World Package and Select VOD Package.
