For Service via Set-top Box Version 4.0 and above, 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 Internet Protocol Television (“IPTV”) broadcasts, Video on Demand (“VOD”) and other video related services (the "Services") in United States and Canada to you (the “Agreement”) for Services via the Set-top Box (“STB”) Version 4.0 and above (including STB and Personal Computer (PC) Service) platform. For the 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 on the KyLinTV Terms of Service in an order form, and/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: All current Terms of Servicefor various platform services can be found at http://www.kylintv.com/kylintv/page/terms-of-service. Please review the appropriate one depending on your Service.
2.1 If you are a customer to only the PC Service, please refer to the Terms of Service for PC Service.
2.2 If you are a customer to the STB Service Version 3.9 and below, please refer to the Terms of Service for Service via Set-top Box version 3.0.
Authorized User, Use, and Responsibility: A. 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.
B. You understand that all information provided by you will be relied upon by KyLinTV for the provision of Services and must 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 but not limited to, your name, email address, address, telephone number, and credit card number and expiration date).
C.You agree to use the Services for personal use only and in compliance with any applicable laws and regulations. You understand that any use of KyLinTV Service and Equipment (defined in Section 6) for commercial purpose is prohibited.
D. You accept that KyLinTV considers anyone using the Services under your account or with your registered Equipment to be authorized by you (unless proven otherwise) and you must pay all charges due from that use.
Term: This Agreement goes into effect upon your acceptance of this Agreement during registration (electronically or otherwise) and shall continue until canceled or terminated by either party as permitted by this Agreement.
Payment of Charges: A.You may find the current effective subscription fees information of KyLinTV packages at our official website http://www.kylintv.com.
B.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.
C.You agree to provide KyLinTV, at initial sign-up, with a valid major credit card or an authorized bank account acceptable to KyLinTV as the designated form of payment to pay for your subscribed Service, and will maintain the validity of the payment information while your subscription is active unless we otherwise agree upon. If the charge transaction against your designated credit card is refused by the merchant account for any reason (card expiry, insufficient credit limit, etc.), KyLinTV will be entitled to immediately at any time suspend the Services and/or lock your account without notice. A reactivation fee of twenty-five US dollars ($25 USD) applies whenever we unlock your account. Notwithstanding the preceding sentence, reactivation fee does not apply in cases where you subscribe to Service by leasing Equipment from KyLinTV.
D. Authorization: You agree to authorize KyLinTV to automatically charge your designated credit card for the following types of fees (including tax applicable):
i. For subscription to any monthly plan of Base Channel Package (for clarity, monthly plan of Base Channel Package is available to customers with Purchased Equipment, defined in Section 6A below, only), Premium Package and VOD Package which has no mandatory commitment period requirement (collectively the “Monthly Subscription”), you will be charged in advance at the beginning of each billing cycle for the applicable Monthly Subscription plus tax applicable. Billing for new Monthly Subscriptions will begin up to five (5) days after the date KyLinTV receives and processes your new order (“Billing Start Date”). Accordingly, your billing cycle will start on the Billing Start Date of each calendar month. You authorize KyLinTV to automatically charge your designated form of payment for all fees if your subscription is automatically renewed according to Section 9.
ii. For subscription to 24-months Fixed-term plan of the Base Channel Package (the “Multi-month Subscription”), you will be charged in advance at the beginning of each billing cycle for that month's Multi-month Subscription fee and tax applicable. Billing for new Multi-month Subscription will begin up to five (5) days after the date KyLinTV receives and processes your new order. Accordingly, your billing cycle will start on the Billing Start Date of each calendar month. You must fulfill the fixed commitment period to the subscribed Base Channel Package; otherwise an early termination fee applies (as set out in Section 12). You authorize KyLinTV to automatically charge your designated form of payment for all fees if your subscription is automatically renewed according to Section 9..
iii. For subscription to any Prepaid plan of Base Channel Package, Premium Package and VOD Package, or Promotional Plan which requires payment of total subscription fee upfront (collectively, the “Prepaid Subscription”), you will be charged upfront for the subscription Fee of the entire mandatory subscription period and tax applicable at the time the order is received by KyLinTV. However, the billing start date will begin up to five (5) days after the date KyLinTV receives and processes your new order. KyLinTV will provide you access to the Services for the number of consecutive months for the period as specified and your Prepaid Subscription beginning from the Billing Start Date. You agree that KyLinTV can automatically charge your designated form of payment for all fees if your subscription is automatically renewed according to Section 9.
iv. Other Fees: (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 billing cycle. If you are a subscriber of a Monthly Subscription or Multi-month Subscription, you will be billed each month for the VOD viewing fees if applicable based on actual usage or orders placed during the previous billing cycle in addition to the subscription fees of each month. If you are a subscriber of a prepaid plan(s), you will be billed monthly for any applicable VOD fees for VOD orders placed and tax applicable during the previous billing cycle in addition to the initial Prepaid Subscription fee. For clarity, the charges of VOD by usage through all the Equipments and PC Service of the same account will be merged and listed together on your monthly statement. This clause does not apply if you subscribe to Prepaid VOD Package plan(s).
(b) Shipping and Handling Fee, Activation Fee, 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 you for shipping and handling fees, activation fees, as well as other applicable service fees and tax applicable that you have pre-approved either during your initial subscription order or during the course of your usage of KyLinTV Service. 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 Section 6A, 6B and 6D.
(d) PC Access Fee: as set forth in Section 7.
(e) Late Payment Charge: as set forth in Section 8.
(f) Suspension Fee: as set forth in Section 11.
(g) Cancellation Fee: as set forth in Section 12.
(h) 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 disputed item in the statement, you shall notify KyLinTV of such disputed item within thirty (30) days of notice to you that your monthly statement is available, 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 Charge as described in Section 8. 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. G. Your Reaffirmation: Every time you use KyLinTV Services, you reaffirm that (i) KyLinTV is authorized to charge your designated form of payment; (ii) KyLinTV may submit charges incurred under your account for payment; and (iii) you will be responsible for such charges incurred, even if your Subscription is canceled or terminated.
Equipment:To receive the Services from KyLinTV, you may either purchase or lease equipment which consists primarily of, but not limited to, cables, wires, amplifiers, STB/receivers and remotes (collectively, the “Equipment”). For clarity, the KyLinTV wireless adaptor is not a part of the Equipment and a separate purchase is required.
A.Purchased Equipment:If you elect to purchase KyLinTV Equipment ("Purchased Equipment"), you agree to pay the then effective market price of the Equipment (currently $99 USD per Equipment set) and any applicable sales, usage, and other taxes for each Equipment set you purchase.
B. Leased Equipment: If you elect to lease Equipment from KyLinTV (the “Leased Equipment”), you agree to pay a refundable one-time deposit for each Equipment set that you lease (the “Equipment Deposit”) equal 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 charge your account for the applicable Equipment Deposit at the time the order is received.
C. KyLinTV Property; Return of Leased Equipment: All Leased Equipment remains the property of KyLinTV. You must return all Leased Equipment 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 (herein defined in Section 6D). If the Leased Equipment is returned on time and in good working condition, KyLinTV will refund to your designated credit card account or other payment method the amount of the original Equipment Deposit(s) you paid. You need to keep the tracking number provided by the delivery service you use (for example, the UPS tracking number) as evidence of your compliance with your obligation to return the Leased Equipment. You agree to bear any additional costs incurred by KyLinTV to insure return of the Leased Equipment. Failure to timely return the Leased Equipment after the end of your subscription including whether the Equipment is lost (through theft or otherwise) or destroyed (through accident, act of God or otherwise) will result in (for each Leased Equipment not returned): (i) forfeiture of the applicable Equipment Deposit, (ii) a charge for the difference between the-then market price of the Equipment (currently $99 USD per Equipment set with tax applicable) and the Equipment Deposit you paid and (iii) KyLinTV will initiate the collection procedure and the Late Payment Charge set out in Section 8.
D. Additional Equipment:We may allow you to place up to three additional Equipment sets 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 set. You understand that this option is only available if your initial Equipment set and any Additional Equipment set(s) are located at the same residence registered with your account and are continuously connected to the same IP address as you use for the initial Equipment set; any usage outside the conditions set out above may result in the suspension of access to Services for all of the Equipment sets. 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 equal to five dollars ninety-nine cents US dollar ($5.99 USD) and tax application for each Additional Equipment set you activate under the account in addition to the subscription fees you pay for the initial Equipment set, regardless of whether it is a Monthly Subscription, Multi-month Subscription or Prepaid Subscription. The charges of VOD by usage through all the Equipment you order will be merged and listed together on your monthly statement. If you wish 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 out above. In that event, you agree to return the Additional Equipment set(s) within ten (10) business days upon KyLinTV’s notice and, in addition to all other applicable fees, you agree to pay KyLinTV the difference between the amounts actually received by us and the full retail price KyLinTV is entitled to charge for the Services at the separate location and the amount actually received by KyLinTV.
E. Care of KyLinTV Property: You agree that neither you nor any other person (except KyLinTV's authorized personnel) will open, tamper with, service, repair, maintain, make any alterations to, or remove any part from any Leased Equipment from its 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 outlet, or to an unauthorized location is regarded by KyLinTV to be theft of Services and is prohibited. During the Term of the Agreement, no right of lien and retention by third parties over the Leased Equipment is allowed.
F.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.
PC Access:
With subscription to any Base Channel Package, you may purchase access to the KyLinTV PC platform (the “PC Access”), including access to iPad® tablet PC device, for the same Services as on your Equipment with a monthly prepaid access fee of $6.99 USD each (“PC Access Fee”) and tax applicable (for clarity, based on the distribution rights agreements between KyLinTV and its channel partners, the Service you receive on the PC may be slight different from the one you receive on Equipment). You understand and agree that only one access to PC per account is permitted at the same time. The charges of VOD by usage you order through all the Equipments and PC platform will be merged and listed together in your monthly statement. You may cancel your PC Access at any time by calling KyLinTV’s customer service (as set out in Section 22).
Late Payment: If you delay payment, KyLinTV will send you a reminder or call you, and may temporarily disconnect you to the Services. The Services may be reinstated after you paid in full the amount demanded by KyLinTV. If you delay your payment for one (1) month from the date of billing, or there is non-payment as set out in Section 5C, KyLinTV will initiate the collection procedure and may charge you a Late Payment Charge of twenty-five US dollars ($25 USD) and tax applicable. As the case may be, a further reactivation fee of -five US dollars ($25 USD) and tax applicable may also apply to unlock your account. You agree that in 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 non-payment to reporting agencies.
Renewal: You may change your subscription in accordance with Section 10 of this Agreement or cancel the Services in accordance with Section 12. If you do not choose either of the actions as instructed in each section, the Monthly Subscription will automatically be renewed each month at the then prevailing subscription fee for the same package; Multi-month Subscription and Prepaid Subscription will automatically renew on a monthly basis (“Renewed Subscription”) at the completion of the mandatory subscription period for the same package at the then prevailing monthly subscription fee of that package. The subscription fee will be charged in accordance with Section 5(D)(i).
Subscription Plan Changes: A. With Leased Equipment: i. Changing from Monthly Subscription to Prepaid Subscription or Multi-month Subscription can be done at any time upon your request. Requests will be processed by the close of the next business day or before the starting date of the Prepaid Subscription. KyLinTV will credit to you a pro-rated fee for the partial month and charge your designated credit card for the new Prepaid Subscription fee according to Section 5(D) (iii) or for Multi-month Subscription fee according to Section 5(D) (ii).
ii.Unless otherwise provided in the terms and restrictions of the Promotional Plan(s), changing from Prepaid Subscription to Monthly Subscription or Multi-month Subscription or new Prepaid Subscription of a different channel package 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 the subscription fee of the new Prepaid Subscription or Monthly Subscription or Multi-month Subscription of channel package according to Section 5(D).
iii.Unless otherwise specified in promotion terms of the Promotional Plan, changing from Multi-month Subscription to Prepaid Subscription or Monthly Subscription prior to the completion of the mandatory commitment period is generally not allowed. However, you may upgrade from Multi-month Subscription to Prepaid Subscription from the 13th month of the Multi-month Subscription commitment period. Your Request will be processed by the close of the next business day or before the starting date of the Prepaid Subscription and the charges for the prepaid plan of new package you change to will be due immediately.
B. With Purchased Equipment: i. Changing Subscription between monthly Channel Package Plans can be done at any time upon your request. Requests will be processed by the close of the next business day. KyLinTV will bill you for the new package according to Section 5(D) (i).
Suspension: A. With Leased Equipment: 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) and tax applicable per month per account. The minimum period for suspension is one (1) month and the maximum is six (6) months within a twelve (12) months period. 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 the time of request for the number of months requested. Services will be stopped from the date you specify and will be automatically reactivated at the end of the suspension period. For clarity, the suspension period does not count as part of a subscription period.
i. For Monthly Subscriptions and Multi-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 billing cycle following the suspension start date; however, in the billing cycle immediately following the suspension start date there will be a charge for any applicable VOD viewing fees for titles viewed in the prior billing cycle.
ii. 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 to the Base Channel Packages, there will be a charge in the calendar month immediately following the suspension start date for any applicable VOD viewing fees for titles viewed in the prior month. B. Suspension is not available to customers with Purchased Equipment.
Cancellation:
A. With Leased Equipment:
i. Monthly Subscriptionof the VOD Package and Premium package and the Renewed Subscription can be cancelled for any reason at any time by notifying us at 1-877-888-8598. The cancellation will take effect on the 1st day of your next billing cycle. In the event that your account is cancelled, fees for all VOD movies and TV drama episodes viewed before the termination of the Service will be due immediately and be charged on your designated form of payment.
ii.You may cancel the Multi-month Subscription for any reason at any time by notifying us at 1-877-888-8598. If you cancel the Service prior to the completion of the mandatory commitment period, you will be charged 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, fees for all VOD movies and TV drama episodes viewed before the termination of the Service will be due immediately and be charged on your designated form of payment.
iii. You can cancel the Prepaid Subscription at any time by notifying us at 1-877-888-8598. If you terminate your subscription prior to the completion of the mandatory subscription period, KyLinTV will not pro-rate, nor refund to you the subscription fees of the Prepaid Subscription you ordered.
iv. You may cancel the PC Access at any time by notifying us at the customer service number. The prepaid PC Access fee of the month will be refunded to your account on prorated basis. The cancellation will take effect on the 1st day of your next billing cycle.
B. With Purchased Equipment:
i.You may cancel the Monthly Subscription, for any reason at any time by notifying us at 1-877-888-8598. The cancellation will take effect on the 1st day of the following billing cycle. In the event that your account is cancelled, all VOD movies and TV drama episodes viewed before termination of the Service will be charged. Please note, each time you reactivate the Service after cancellation, you will be subject to a reactivation fee of twenty-five US dollars (USD $25) and tax applicable.
ii.You may cancel the PC Access at any time by notifying us at the customer service number. The prepaid PC Access Fee of the month will be refunded to your account on prorated basis. The cancellation will take effect on the 1st day of the following billing cycle.
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. TO THE FULLEST EXTENT ALLOWED BY LAW, KYLINTV EXPRESSLY GIVES NO AND EXCLUDES OTHER WARRANTIES, TERMS, OR CONDITIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE.
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 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 or part that is replaced will become the property of KyLinTV. Replaced Purchased Equipment or parts will be free from defects in workmanship and materials, under normal use and service and 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 yourself 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 FULLEST 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 or your Internet service provider.
Your Property: KyLinTV assumes no responsibility for the maintenance or repair of equipment you use, including but not limited to any television set, personal computer, iPad® tablet PC device, VCR or other video equipment, remote control, wireless card, and stereo or other audio equipment. You shall be responsible for the repair and maintenance of any equipment you use.
Access to Customer Premises: When you elect onsite technical support (if available), you agree to provide KyLinTV's representatives with access at reasonable times to your premises to install, remove, repair, inspect and maintain the Equipment. Where necessary, you must also obtain permission from third parties (as the landlord for example) for the planned installation work before the KyLinTV onsite technical support is carried out.
Your Privacy:
A. KyLinTV maintains your personal identification information for the purpose of account management, billing and collection matters, 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.
B. 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 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 from the Services or terminate your agreement with us, without limiting our rights or remedies under this Agreement and applicable laws and KyLinTV reserves the rights to take legal actions for breach of copyright terms of any program reproduced, or inform the copyright holder of the breach.
KyLinTV's Rights:
A. KyLinTV has no obligation to monitor content or Services accessible by means of the KyLinTV Equipment or wireless adaptor. 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 a "misuse" 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 information supplied to us; or (ii)you fail to pay the payment due for the Services within the time allowed; 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 or infringement of the content of any of the Services. KyLinTV’s failure to remove such Equipment shall not be deemed abandonment thereof. You agree to pay for reasonable legal and 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: A.KyLinTV assumes no liability to you 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. B.The contents displayed in the “Free Internet Video” section (“Free Internet Contents”) are provided by third party distributors free of charge on the public Internet. By clicking the “continue” button displayed in the “Free Internet Video” section, you will be re-directed to the Free Internet Contents service provided by third party websites that are not related to KyLinTV. The speed and picture quality of Free Internet Contents depend on the service of the third party and the Internet speed allowed by your Internet service provider. KyLinTV does not guarantee the service and quality of any Free Internet Contents. KyLinTV is not responsible for any product or information at the third party website, nor is KyLinTV liable for any services or content on the third party websites. The third party website may have a privacy policy that is different than that of KyLinTV’s and that may provide less security; please consult the third party website's privacy policy for further information. C. Adaptive Streaming:KyLinTV utilizes adaptive streaming technology by default which will automatically adapt the best picture quality based on your detected Internet speed. Please note, if your Internet service provider imposes additional charges above a limited amount of data, you should manually adapt the picture quality by accessing the “Setting” section of your account to better adjust your data use. For more information, please contact us at 1-877-888-8598.
Limitation of Liability: KyLinTV aims to provide a continuous, high-quality service, but KyLinTV does not warrant that the Services or Equipment 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. To the fullest extent permitted in law, 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 you 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 KyLinTV’s 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 you and KyLinTV, shall be construed by and governed by in accordance with the Federal laws of the United State and the State laws of the State of New York without reference to its principles of conflicts of law.
Glossary
"Base Channel Package"shall mean a Channel Package(s) which are requires to be ordered before the Premium Package Service and Video on Demand (VOD) Service are available. It includes KyLinTV Basic Package; Taiwan Package; Great Wall TV Package; KyLinTV Basic + Taiwan Package; KyLinTV Basic + Great Wall Package; KyLinTV Super Package and China TV Select Package (Canada Only).
"Premium Package"shall mean the Add-on Channel Packages which is 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.
"VOD Packages" shall mean the Video on Demand Package(s) which is available only with order of one of the Required Packages. It includes but not limited to Happy Kids VOD Package and Select VOD 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.
iPad® and PayPal® are the registered trademarks of Apple Inc. and PayPal, Inc. respectively.
For Personal Computer (PC) Service in United States and Canada
Agreement: This Agreement sets out how KyLinTV Inc. (“KyLinTV”) will provide the access to KyLinTV Internet Protocol Television (“IPTV”) broadcasts, Video on Demand (“VOD”) and other video related services (the "Services") to you (the “Agreement”) for via the PC platform (including iPad® tablet PC device) in United States and Canada. For the 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; and/or (iii) 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:All current Terms of Service for various platform Services can be found at http://www.kylintv.com/kylintv/page/terms-of-service. Please review the appropriate one depending on your Service.
2.1 If you are a customer to the STB Service Version 4.0 and above (including STB and PC Service), please refer to the Terms of Service for Service via Set-top Box Version 4.0 and above.
2.2 If you are a customer to the STB Service Version 3.9 and below (including STB and PC Service), please refer to the Terms of Service for Service via Set-top Box Version 3.0.
Authorized User, Use, and Responsibility: A. 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. B. You understand that all information provided by you will be relied upon by KyLinTV for the provision of Services and must 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 but not limited to, your name, email address, address, telephone number, and credit card information and expiration date). C. 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 for commercial purpose is prohibited. D. You accept that KyLinTV considers anyone using the Services with your user name and password to be authorized by you (unless evidences support otherwise) 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: A. The current effective subscription fees for KyLinTV PC only packages are set out at http://www.kylintv.com.
B. You agree to pay all charges for 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.
C.You agree to provide KyLinTV, at initial sign-up, with a valid major credit card or an authorized bank account acceptable to KyLinTV as the designated form of payment to pay for your subscribed Service, and will maintain the validity of payment information while your subscription is active unless we otherwise agree upon. If the charge transaction against your designated credit card is refused by the merchant account for any reason (card expiry, insufficient credit limit, etc.), KyLinTV will be entitled to immediately at any time suspend the Services and/or lock your account without notice. You must contact KyLinTV customer service to unlock your account.
D. Authorization: You agree to authorize KyLinTV to automatically charge your designated form of payment for the following types of fees (including tax applicable):
i. Subscription Fee:For subscription to any Monthly plan of Base Channel Package, Premium Package and VOD Package (collectively the “Monthly Subscription”), you will be charged in advance at the beginning of each billing cycle for the applicable Monthly Subscription plus taxes applicable. Billing for new Monthly Subscriptions will begin right after the date KyLinTV receives and processes your new order (the “Billing Start Date”). You authorize KyLinTV to automatically charge your designated form of payment for all fees if your subscription is automatically renewed according to Section 7.
ii. Late Payment Charge: as set forth in Section 6.
E. Dispute of Charges:Your monthly statement of KyLinTV Services will be available online through your KyLinTV account. If there is any disputed item in the statement, you shall notify KyLinTV of such disputed item within thirty (30) days of notice to you that your monthly statement is available, 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 Charge as described in Section 6. Disputes can be filed by calling KyLinTV at 1-877-888-8598 or sending an 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.
G. Your Reaffirmation:Every time you use KyLinTV Services, you reaffirm that (i) KyLinTV is authorized to charge your designated form of payment; (ii) KyLinTV may submit charges incurred under your account for payment; and (iii) you will be responsible for such charges incurred, even if your Subscription is canceled or terminated.
Late Payment: If you delay payment, KyLinTV will send you a notice via email or call you, and may temporarily disconnect you to the Services. The Services may be reinstated after you paid in full the amount demanded by KyLinTV. If you delay your payment for one (1) month from the date of billing, or there is non-payment as set out in Section 5C, KyLinTV will initiate the collection procedure and may charge you a Late Payment Charge of twenty-five US dollars ($25 USD) and tax applicable. You agree that in the case of late payment or non-payment 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 non-payment to credit reporting agencies.
Renewal:You may change your subscription in accordance with Section 8 of this Agreement or cancel the Services in accordance with Section 9. If you do not choose either of the actions as instructed in each section, the Monthly Subscription will automatically be renewed each month at the then prevailing subscription fee for the same package.
Subscription Plan Changes:You may change from your existing channel package to a new channel package any time by calling our customer service number. Requests will be processed by the close of the next business day. KyLinTV will credit to you a pro-rated fee for the partial month and charge your designated form of payment for the new subscription fee of the new channel package according to Section 5Di.
Cancellation:You may cancel a Monthly Subscription for any reason at any time by notifying us at 1-877-888-8598. You must pay all outstanding balances accrued, including without limitation, any applicable fees. Charges for the Services, once charged to your account, are non-refundable, and no refund or credit will be provided in connection with the cancellation of the Service. The cancellation will take effect on the 1st day of your next billing cycle.
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.
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, wireless carrier or your Internet service provider.
Your Property:KyLinTV assumes no responsibility for the maintenance or repair of equipment you use, including but not limited to any personal computer, iPad® tablet PC device, modem and router. You shall be responsible for the repair and maintenance of any equipment you use.
Customer Privacy: A. KyLinTV maintains your personal identification information for the purpose of account management, billing and collection matters, 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. B. 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 from the Services or terminate your Agreement with us, without limiting our rights or remedies under this Agreement and applicable laws and KyLinTV reserves the rights to take legal actions for breach of copyright terms of any program reproduced, or inform the copyright holder of the breach.
KyLinTV's Rights:
A. KyLinTV has no obligation to monitor content or Services accessible by means of the PC Service. 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 a "misuse" or "commercial use" of KyLinTV's 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 us at 1-877-888-8598. The contact information of KyLinTV is also available at http://www.kylintv.com/kylintv/page/contact-us.
Assignment or Transfer: This Agreement is not assignable or otherwise transferable by you.
Breach of Agreement: KyLinTV, at its option, may suspend or terminate the Services without notice if: (i) you break any terms or conditions of this Agreement or make a material misstatement in any information supplied to us; (ii)you fail to pay the payment due for the Services within the time permitted; (iii) if for reasons outside KyLinTV’s control, KyLinTV cannot continue to provide the Services; or (iv) if you are involved in unlawful copying or infringement of the content of any of the Services. You agree to pay for reasonable legal and 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:
A. KyLinTV assumes no liability to you 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.
B.Adaptive Streaming: KyLinTV utilizes adaptive streaming technology by default which will automatically adapt the best picture quality based on your detected Internet speed. Please note, if your Internet service provider imposes additional charges above a limited amount of data, you should manually adapt the picture quality by accessing the “Setting” section of your account to better adjust your data use. For more information, please call our customer service (see Section 16).
Limitation of Liability:KyLinTV aims to provide a continuous, high-quality service, but KyLinTV does not warrant that the Services 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. To the fullest extent permitted in law, 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 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 damages, or (ii) any claims against you by any other party.
Severability:If any part, term or provision of this Agreement is found to be illegal or unenforceable by the court, the remainder of this Agreement shall continue to govern KyLinTV’s 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 you and KyLinTV, shall be construed by and covered under and in accordance with the Federal laws of the United States and the State 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 Package; Taiwan Package; Great Wall Package; KyLinTV + Taiwan Package; KyLinTV + Great Wall Package; KyLinTV Super Package; China TV Select Package (Canada Only). "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. "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 and Select VOD Package.
iPad® and PayPal® are the registered trademarks of Apple Inc. and PayPal, Inc. respectively.
For iPad® ONLY Service 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 (the "Agreement") on KyLinTV for iPad® in United States and Canada. 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 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.
Authorized User, Use, and Responsibility:
A. 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.
B. 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 includes but not limited to, your name, email address, address, telephone number, and credit card information).
C. 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 for commercial purpose is prohibited.
D. You accept that KyLinTV considers anyone using the Services with your user name and password to be authorized by you (unless evidences support otherwise) 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: A. The current effective subscription fees for KyLinTV for iPad® only packages are set out at http://www.kylintv.com.
B. You agree to pay all charges for 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.
C. 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.
D. Authorization: You agree to authorize KyLinTV to automatically charge your designated credit card for the following types of fees (including tax applicable):
i. Subscription Fee: For subscription to any Monthly plan of Base Channel Package, and VOD Package (collectively the "Monthly Subscription"), you will be charged at the beginning of each billing cycle for the balance of that month's subscription fee and taxes applicable. Billing for new Monthly Subscriptions will begin on the fifth (5) days after the date KyLinTV receives and processes the new order. Accordingly, your billing cycle will start on the Billing Start Date of each calendar month.
ii. Late Payment Charge: as set forth in Section 6.
iii. Suspension Fee: as set forth in Section 9.
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 6. 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. 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.
Late Payment: If you delay payment, KyLinTV will send you a notice via email 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 8 of this Agreement or cancel the Services in accordance with Section 10. If you do not choose either of the actions as instructed in each section, Monthly Subscription will automatically be renewed each month at the then prevailing subscription fee for the same package.
Subscription Plan Changes: You may change from existing channel package to a new channel package any time by calling our customer service number. Requests will be processed by the close of the next business day. KyLinTV will credit you a pro-rated fee for the partial month and charge your designated credit card for the new subscription fee of the new channel package according to Section 5Di.
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 within a twelve (12) months period. 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 date you specified and will be automatically reactivated on the date you requested to activate. 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.
Cancellation: You may cancel Monthly Subscription for any reason at any time by notifying us at 1-877-888-8598. You still must pay all outstanding balances accrued, including without limitation, any applicable fees. Charges for the Services, once charged to your account, are non-refundable, and no refund or credit will be provided in connection with the cancellation of the Service.
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.
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 iPad, modem and router. You shall be responsible for the repair and maintenance of any equipment you provided.
Customer Privacy: A. 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.
B. 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, without limiting our rights to remedies under this Agreement and applicable laws.
KyLinTV's Rights:
A. KyLinTV has no obligation to monitor content or Services accessible by means of the iPad service. 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 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 us at 1-877-888-8598. The contact information of KyLinTV is also available at http://www.kylintv.com/kylintv/page/contact-us.
Assignment or Transfer: This Agreement is not assignable or otherwise transferable by you.
Breach of Agreement: KyLinTV, at its option, may suspend or terminate the Services without notice if: (i) you break any terms or conditions of this Agreement or make a material misstatement in any details supplied to us; (ii)you fail to pay the payment due for the Services within 30 days after KyLinTV's written notice; (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. 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: A. 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.
B. Adaptive Streaming: In order to provide you with the best IPTV experience, KyLinTV utilized the Adaptive Streaming technology by default which will automatically adapt the best picture quality based on your Internet speed. Please note, if your Internet service provider imposed limitation of data allowance to the Internet service you subscribed to, you are advised to manually adapt the picture quality by accessing setting section of your account to better adjust your data use. For more information, please call our customer service (as set forth in Section 16).
Limitation of Liability: KyLinTV aims to provide a continuous, high-quality service, but we do not warrant that the Services 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 Package; Taiwan Package; Great Wall Package; KyLinTV + Taiwan Package; KyLinTV + Great Wall Package; KyLinTV Super Package; China TV Select Package (Canada Only).
"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 and Select VOD Package.
