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KyLinTV Terms of Services (Set Top Box)

 

 

 

KyLinTV Terms of Services

(For Service via KyLinTV Set-top Box (STB), including STB with Own Devices in United States and Canada)

 

1.      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 all other video related services (collectively, the "Services") in the United States and Canada to you (the “Agreement”) via KyLinTV Set-top Box (“STB”) Version 4.0 and above along with devices including Smart TV(including but not limited to Panasonic® TV featuring VIERA® Connect), third party STB devices (including but not limited to Google TV™), Personal Computer (PC), iPad® and other tablet devices supporting KyLinTV application (collectively, the “Own Devices”). 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 Services electronically during registration; (iii) your initialing on the KyLinTV Terms of Services 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.

2.      Other Versions of Terms of Services: All current Terms of Servicesfor various devices can be found at http://www.kylintv.com/kylintv/page/terms-of-service.  Please review the appropriate one depending on your Services.

A. If you are a customer to only the Own Device Services, please refer to the Terms of Services for Own Devices.

B. If you are a customer to the STB Services Version 3.9 and below, please refer to the Terms of Services for Services via Set-top Box version 3.0.

3.      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 Services 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.

4.      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.

5.      Payment of Charges: 

A.    You may find the current effective subscription fees information of KyLinTV packages at our official website http://www.kylintv.com. Under this Agreement, the payment processing services for goods and/or Services purchased from KyLinTV are provided by KyLinTV Europe Limited, a wholly owned subsidiary of KyLinTV on behalf of KyLinTV or by KyLinTV directly, depending on the type of payment method used for the purchase of the goods and/or Services. In the event you choose to pay with credit card and the payment will be processed via a European Acquirer, these terms are an Agreement between you and KyLinTV Europe Limited. For any other type of purchases, these terms are an Agreement between you and KyLinTV and goods and/or services will be delivered by KyLinTV directly.

B.     You agree to pay all charges for the Equipment(s) and the Services, including any charges for Late Payment if applicable. 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 form of payment (including but not limited to credit card, etc.) acceptable to KyLinTV to pay for your subscribed Services 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 form of payment is refused by the merchant account for any reason (card expiry, insufficient credit limit or insufficient fund, 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.    Fees: You agree to pay all amount billed for the Services, including all taxes, fees and other charges (if any) that are now or may in the future be assessed in connection with any Services you received from us, and any other charges due and owing to us. You agree to authorize KyLinTV to automatically charge your designated form of payment for the following types of fees (including tax applicable):
i.
For Monthly Subscription of Base Channel Package (for clarity, Monthly Subscription of Base Channel Package is available to you only after Multi-month Subscription or Prepaid Subscription has expired), 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 fee plus tax applicable. 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 Multi-month Subscription (includes 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 Prepaid Subscription 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 begins 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 Subscription, 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 KyLinTV STB and Own Devices 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) Applicable Service Fees, Shipping and Handling Fees: The charges for shipping and handling and other applicable Service fees are set out in your order form. KyLinTV will charge you for shipping and handling 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 Services. You acknowledge and agree that ALL shipping and handling and other applicable service fees are non-refundable.

(c) Equipment Fee and Equipment Deposit: as set out in Section6B and 6C.

(d) Late Payment Charge:  as set out in Section 8.

(e) Suspension Fee: as set out in Section 11.

(f) Cancellation Fee: as set out in Section 12.

(g) Any additional charges for failure to return Leased Equipment: as set out and defined in Section 6D.

v. Certain fees and charges may apply in certain circumstances to your payment for the Services, including without limitation, those expressly set forth in Exhibit 1 attached hereto and incorporated herein by reference.
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 or emailing KyLinTV at contact information listed in Exhibit 2. 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.

6.      Equipment: To receive the Services from KyLinTV, you may use our Services via (i) your Own Devices: Smart TV (including but not limited to Panasonic® TV featuring VIERA® Connect), third party STB devices with KyLinTV application (including but not limited to Google TV™), Personal Computer (PC), iPad® and other tablet devices supporting KyLinTV application; or (ii) KyLinTV STB. You may purchase or lease KyLinTV STB (the “Equipment”) from KyLinTV. The Equipment consists primarily of, but not limited to, cables, wires, amplifiers, STB/receivers and remotes. For clarity, the KyLinTV wireless adaptor is not a part of the Equipment and a separate purchase is required.

A.    Own Devices: If you elect to use our Services via your Own Devices including but not limited to Smart TV, third party STB devices, Personal Computer (PC), iPad® and other tablet devices supporting KyLinTV application, you need to have a KyLinTV Application in order to use our Services.  Your device may come with our Application or you may download it via your device. You understand that only one access is allowed to receive the Services at the same time under the same account.

B.     Purchased Equipment: If you elect to purchase KyLinTV STB ("Purchased Equipment"), you agree to pay the Equipment Charge set forth in Exhibit 1 and any applicable sales, usage, and other taxes for each Equipment set you purchase.

C.    Leased Equipment: If you elect to lease STB from KyLinTV (the “Leased Equipment”), you agree to pay a refundable one-time Equipment Deposit set forth in Exhibit 1 for each Equipment set that you lease. In addition, you will be subject to a monthly Equipment Rental Fee set forth in Exhibit 1 and tax applicable.  KyLinTV will charge your account for the applicable Equipment Deposit at the time the order is received.

D.    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 6E). 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 Equipment Charge 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.

E.     Additional Equipment: We may allow you to place up to three additional STB (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 requested pursuant to Section 6C if you elect to lease the Equipment(s) or an Equipment Charge for each purchased Additional Equipment requested pursuant to Section 6B if you elect to purchase the Equipment.  In additional, If you lease Equipment, you will also need to pay each month an Equipment Rental Fee set forth in Exhibit 1 and tax applicable for each leased 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 cancel the Leased Additional Equipment, you must return the Additional Equipment set(s) within ten (10) business days upon KyLinTV’s notice.

F.     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 Equipment or Application from its initial installation. Any alteration, tampering, removal, etc., or the use of Equipment or Application 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 Equipment or Application is allowed.

G.    You agree that, you will not try to reverse-engineer, decompile or disassemble any software or hardware contained within any Equipment or Application 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.

7.      Cross Platform Access: With subscription to any Base Channel Package on KyLinTV Equipment, you will have complimentary access to the same Services via Own Devices (including but not limited to Smart TV, third party STB devices, PC, iPad® and other tablet devices supporting KyLinTV application). You understand that only one access from Own Devices is allowed to receive the Services at the same time under the same account. The charges of VOD by usage you order through all the Equipments and other receiving devices will be merged and listed together in your monthly statement. If you wish to have access on multiple Own Devices at the same time, you will need to register different accounts and subscribe to individual Services for each Own Device.

8.      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 of fees as set out in Section 5C, KyLinTV will initiate the collection procedure and may charge you a Late Payment fee set forth in Exhibit 1. If we use an attorney or a collection agency to collect any money you owe us or to assert any other right that we may have against you, including without limitation, any breach of any agreement you may have with KyLinTV, you agree to pay the reasonable costs of such collection or other action. These costs may include, without limitation, the costs of a collection agency, reasonable attorneys’ fees and court costs. 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.

9.      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 will automatically renew on a monthly basis at the completion of the mandatory subscription period for the same package at the then prevailing monthly subscription fee of that package; Prepaid Subscription of Base Channel Package will automatically renew on annual basis at the completion of the pre-paid Annual Subscription period as calculated from that period’s billing start date at the then prevailing subscription fee for the same package. The subscription fee will be charged in accordance with Section 5(D).

10.  Subscription Plan Changes: 
A. 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 form of payment for the new Prepaid Subscription fee according to Section 5(D) (iii) or for Multi-month Subscription fee according to Section 5(D) (ii).
B. 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).

C. 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 Subscription of new package you change to will be due immediately.

11.  Suspension:  You may suspend your subscription up to a maximum period of six (6) consecutive months within a twelve (12) months period at a suspension fee (“Suspension Fee”) set forth in Exhibit 1. 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 date 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.
A. 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.
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 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.

12.  Cancellation:  You may cancel your subscription for any reason at any time by calling us. 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 Services will be due immediately and be charged on your designated form of payment. For avoidance of doubt, if you subscribed the Services through a promotion of KyLinTV, any additional charges associated with the termination set forth in the terms and conditions of the promotion shall also apply.
A. Monthly Subscription can be cancelled at any time.

B. Multi-month Subscription: If you cancel the Services prior to the completion of  the mandatory commitment period, you will be charged an Early Cancellation Fee set forth in Exhibit 1 for the number of month remaining in your term commitment.

C. Prepaid Subscription: 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.

13.  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.

14.  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.

15.  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 an 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.

16.  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.

17.  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, third party STB devices, iPad®, other tablet 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.

18.  Access to Your 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.

19.  Your Privacy:

A.    KyLinTV maintains your personal identification information for the purpose of account management, billing and collection matters, service management and customer support. 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.

20.  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 Services, 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.

21.  KyLinTV's Rights: 
A. KyLinTV has no obligation to monitor content or Services accessible by means of the KyLinTV distribution platforms. 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.

22.  Customer Service: If you experience any technical fault, have any administration question or want to request any change in your KyLinTV account, you may contact us at the contact information set forth in Exhibit 2 hereto. The most updated contact information of KyLinTV is available at http://www.kylintv.com/kylintv/page/contact-us.

23.  Assignment or Transfer:  This Agreement and the Leased Equipment are not assignable or otherwise transferable by you.

24.  Breach of Agreement:  KyLinTV, at its option, may suspend or terminate the Services and remove the Leased Equipment (if any) 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 or suspend/terminate the Services 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.

25.  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.

26.  Changing the Term of Services: KyLinTV may change the Term of Services at any time. We will publish details of all changes online at http://www.kylintv.com/kylintv/page/terms-of-service.

27.  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 could manually adapt the picture quality of the KyLinTV STB and PC Services by accessing the “Setting” section of your account to better adjust your data use. For more information, please contact KyLinTV customer service.

28.  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.

29.  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.

30.  The Chinese translated version of this Agreement is for reference purpose only. In case of any discrepancy, the original version in English shall prevail.

31.  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 States and the State laws of the State of New York without reference to its principles of conflicts of law.

 

 

EXHIBIT 1- Fees

 

In addition to any amounts due for your Services and any other amounts due under this Agreement or any applicable Package Plan Agreement, you agree to pay the fees listed in the table below (“Fees”) and tax applicable. KyLinTV may adjust these Fees, or impose additional Fees.  You may find the current effective subscription fees information of KyLinTV Packages at our official website http://www.kylintv.com.

Discounts on certain Fees may be available from time to time if you subscribe to Promotional Plan.

 

Type of Fee

Amount

Description of When Fee Applies

Suspension

$5 USD / month

You are subject to a suspension fee per month when you choose to suspend the services

Early Cancellation Fee

$12 USD / month

You are subject to a cancellation fee for each remaining month of the contract when you cancel the Services prior to the completion of contract commitment period

Equipment Charge

$99 USD

The market price of the Equipment

Equipment Deposit

$50 USD

A refundable one-time deposit of the Leased Equipment

Equipment Rental Fee

$3 USD / month

You are subject to a monthly Equipment Rental Fee if you lease Equipment

Late Payment Charge

$25 USD

A Late Payment Charge applies when you do not pay your fee in full on or before its due date

 

EXHIBIT 2 - Contact Information

 

Region

Contact Number

Email

US and Canada

1 (877)888-8598

info@kylintv.com

 

Glossary

 

“Base Channel Package” shall mean a Channel Package(s) which are requires to be ordered before the Premium Package Service and VOD Service are available. It includes KyLinTV Package; Taiwan TV Package; Great Wall TV Package; KyLinTV + Taiwan Package; KyLinTV + Great Wall Package, Panorama China Package and KyLinTV Super Package.

 “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 is not limited to Phoenix TV Package, ETTV America Package, Religious Option, and STAR TV Premium 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 VOD Kids Package, VOD Select Package and Panorama China VOD Package.

“Promotional Plan” 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.

 

Google TV™ is the registered trademark of Google Inc.

iPad® is the registered trademark of Apple Inc.

Panasonic® and VIERA® are the registered trademarks of Panasonic Corporation.

 

KyLinTV Terms of Service (Own Devices)

 

 

1.      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 all other video related services (the "Services") in the United States and Canada to you (the “Agreement”) via devices including Smart TV (including but not limited to Panasonic® TV featuring VIERA® Connect), third party STB devices (including but not limited to Google TV™), Personal Computer (PC), iPad® and other tablet devices supporting KyLinTV application (collectively, the “Own Devices”). 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.

2.      Other Versions of Terms of Service: All current Terms of Service for various Devices can be found at http://www.kylintv.com/kylintv/page/terms-of-service.  Please review the appropriate one depending on your Service.

A. If you are a customer to the STB Service Version 4.0 and above, please refer to the Terms of Service for Service via KyLinTV Set-top Box.

B. 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.

3.      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 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 proven otherwise) and you must pay all charges due from that use.

4.      Term:  This Agreement goes into effect upon your acceptance of this Agreement electronically or otherwise and shall continue until canceled or terminated by either party as permitted by this Agreement.

5.      Payment of Charges: 

A.    You may find the current effective subscription fees information of KyLinTV Packages at our official website http://www.kylintv.com. Under this Agreement, the payment processing services for goods and/or Services purchased from KyLinTV are provided by KyLinTV Europe Limited, a wholly owned subsidiary of KyLinTV on behalf of KyLinTV or by KyLinTV directly, depending on the type of payment method used for the purchase of the goods and/or Services. In the event you choose to pay with credit card and the payment will be processed via a European Acquirer, these terms are an Agreement between you and KyLinTV Europe Limited. For any other type of purchases, these terms are an Agreement between you and KyLinTV and goods and/or services will be delivered by KyLinTV directly.

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 form of payment acceptable to KyLinTV (including but not limited to credit card etc.) 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 form of payment is refused by the merchant account for any reason (card expiry, insufficient credit limit or insufficient fund, 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.    Fees: You agree to pay all amount billed for the Service, including all taxes, fees and other charges (if any) that are now or may in the future be assessed in connection with any Service you received from us, and any other charges due and owing to us. You agree to authorize KyLinTV to automatically charge your designated form of payment for the following types of fees (including tax applicable):
i.
For Monthly Subscription of Base Channel Package 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 fee plus tax applicable. 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. For Multi-month Subscription (includes 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 after 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 10). You authorize KyLinTV to automatically charge your designated form of payment for all fees if your subscription is automatically renewed according to Section 7.

iii. For Prepaid Subscription of Base Channel Package, Premium Package and VOD Package, or Promotional Plan which require 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. The billing start date will begin after 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 begins 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 7

iv. Suspension Fee: You may suspend your subscription up to a maximum period of six (6) consecutive months within a twelve (12) months period at a suspension fee (“Suspension Fee”) listed in Exhibit 1 attached hereto. 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 date 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. 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.

v. Certain fees and charges may apply in certain circumstances to your payment for the Service, including without limitation, those expressly set forth in Exhibit 1 attached hereto and incorporated herein by reference.

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 or emailing KyLinTV at contact information listed in Exhibit 2 attached hereto. 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.

6.      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 of fees as set out in Section 5C, KyLinTV will initiate the collection procedure and a Late Payment Charge (listed in Exhibit 1) will apply. If we use an attorney or a collection agency to collect any money you owe us or to assert any other right that we may have against you, including without limitation, any breach of any agreement you may have with KyLinTV, you agree to pay the reasonable costs of such collection or other action. These costs may include, without limitation, the costs of a collection agency, reasonable attorneys’ fees and court costs. KyLinTV, in its sole discretion, may report such late payment or non-payment to credit reporting agencies.

7.      Renewal: You may change your subscription in accordance with Section 9 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, the Monthly Subscription will automatically be renewed each month at the then prevailing subscription fee for the same package.

8.      You understand that only one access is allowed to receive the Service at the same time under the same account. If you would like to have access on multiple devices at the same time, you will need to register different accounts and subscribe to individual Service for each device.

9.      Subscription Plan Changes:  You may change from your existing channel package to a new channel package at any time by calling us. 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.

10.  Cancellation:  You may cancel your subscription for any reason at any time by calling us. 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 Services will be due immediately and be charged on your designated form of payment. For avoidance of doubt, if you subscribed the Services through a promotion of KyLinTV, any additional charges associated with the termination set forth in the terms and conditions of the promotion shall also apply.
A. Monthly Subscription can be cancelled at any time.

B. Multi-month Subscription: If you cancel the Services prior to the completion of  the mandatory commitment period, you will be charged an Early Cancellation Fee set forth in Exhibit 1 for the number of month remaining in your term commitment.

C. Prepaid Subscription: 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.

11.  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.

12.  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.

13.  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 devices supporting KyLinTV application, modem and router. You shall be responsible for the repair and maintenance of any equipment you use.

14.  Your Privacy:

A.    KyLinTV maintains your personal identification information for the purpose of account management, billing and collection matters, service management and customer support. 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.

15.  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.

16.  KyLinTV's Rights: 
A. KyLinTV has no obligation to monitor content or Services accessible by means of the Own Devices. 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.

17.  Customer Service: If you experience any technical faults and or have any administration question or want to request any change in your KyLinTV account, you may contact us at the contact information set forth in Exhibit 2 hereto. The most updated contact information of KyLinTV is available at http://www.kylintv.com/kylintv/page/contact-us.

18.  Assignment or Transfer:  This Agreement is not assignable or otherwise transferable by you.

19.  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.

20.  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.

21.  Changing the Term of Service: KyLinTV may change the Term of Service at any time. We will publish details of all changes online at http://www.kylintv.com/kylintv/page/terms-of-service.

22.  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. For more information, please contact KyLinTV customer service.

23.  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.

24.  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.

25.  The Chinese translated version of this Agreement is for reference purpose only. In case of any discrepancy, the original version in English shall prevail.

26.  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.

 

EXHIBIT 1 - Fees

 

In addition to any amounts due for your Services and any other amounts due under this Agreement or any applicable Package Plan Agreement, you agree to pay the fees listed in the table below (“Fees”) and tax applicable. KyLinTV may adjust these Fees, or impose additional Fees.  You may find the current effective subscription fees information of KyLinTV Packages at our official website http://www.kylintv.com.

Discounts on certain Fees may be available from time to time if you subscribe to Promotional Plan.

Type of Fee

Amount

Description of When Fee Applies

Suspension

$5 USD / month

You are subject to a suspension fee per month if you choose to suspend the Services.

Late Payment Charge

$25 USD

Late Payment Charge applies when you you do not pay your fee in full on or before its due date

 

EXHIBIT 2 - Contact Information

 

Region

Contact Number

Email

US and Canada

1 (877)888-8598

info@kylintv.com

 

 

 

Glossary

 

“Base Channel Package” shall mean a Channel Package(s) which requires to be ordered before the Premium Packages and VOD Service are available. It includes KyLinTV Package; Taiwan TV Package; Great Wall TV Package; KyLinTV + Taiwan Package; KyLinTV + Great Wall Package, Panorama China Package and KyLinTV Super Package.

“Premium Package” shall mean the Add-on Channel Package(s) 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, Religious Option and STAR TV Premium Package.

“VOD Packages” shall mean the Video on Demand Package(s) which is available only with order of one of the Base Channel Packages. It includes but not limited to the VOD Kids Package, VOD Select Package and Panorama China VOD Package.

 

Google TV™ is the registered trademark of Google Inc.

iPad® is the registered trademark of Apple Inc.

Panasonic® and VIERA® are the registered trademarks of Panasonic Corporation.

 

 

 

 

 

KyLinTV Terms of Service

 

Terms of Service (PC)

Terms of Service (STB + PC)

Terms of Service (iPAD)

Terms of Service (PC)

1.      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.

2.      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.

3.      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.

4.      Payment of Charges:

A. The current effective subscription fees for KyLinTV PC only packages are set out at http://www.kylintv.com.  Under this Agreement, the payment processing services for goods and/or Services purchased from KyLinTV are provided by KyLinTV Europe Limited, a wholly owned subsidiary of KyLinTV on behalf of KyLinTV or by KyLinTV directly, depending on the type of payment method used for the purchase of the goods and/or Services. In the event you choose to pay with credit card and the payment will be processed via a European Acquirer, these terms are an Agreement between you and KyLinTV Europe Limited. For any other type of purchases, these terms are an Agreement between you and KyLinTV and goods and/or services will be delivered by KyLinTV directly.

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.

5.      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.

6.      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.

7.      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.

8.      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.

9.      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.

10.      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.

11.      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.

12.      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.

13.      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.

14.      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.

15.      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

16.      Assignment or Transfer: This Agreement is not assignable or otherwise transferable by you.

17.      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.

18.      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.

19.      Changing the Term of Service: KyLinTV may change the Term of Service at any time. We will publish details of all changes online at http://www.kylintv.com/kylintv/page/terms-of-service.

20.      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).

21.      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.

22.      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.

23.      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.

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Terms of Service (STB + PC)

KyLinTV Terms of Service

 

(For Service via Set-top Box Version 4.0 and above,

Including STB and Personal Computer (“PC”) in United States and Canada)

 

1.      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.

2.      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.

A. If you are a customer to only the PC Service, please refer to the Terms of Service for PC Service.

B. 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.

3.      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.

4.      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.

5.      Payment of Charges: 

A.    You may find the current effective subscription fees information of KyLinTV packages at our official website http://www.kylintv.com.  Under this Agreement, the payment processing services for goods and/or Services purchased from KyLinTV are provided by KyLinTV Europe Limited, a wholly owned subsidiary of KyLinTV on behalf of KyLinTV or by KyLinTV directly, depending on the type of payment method used for the purchase of the goods and/or Services. In the event you choose to pay with credit card and the payment will be processed via a European Acquirer, these terms are an Agreement between you and KyLinTV Europe Limited. For any other type of purchases, these terms are an Agreement between you and KyLinTV and goods and/or services will be delivered by KyLinTV directly.

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 form of payment 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 out in Section6A, 6B and 6D.

(d) PC Access Fee: as set out in Section 7.

(e) Late Payment Charge:  as set out in Section 8.

(f) Suspension Fee: as set out in Section 11.

(g) Cancellation Fee: as set out in Section 12.

(h) Any additional charges for failure to return Leased Equipment: as set out and defined 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.

6.      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.

7.      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).

8.      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 fee 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.

9.      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 will automatically renew on a monthly basis at the completion of the mandatory subscription period for the same package at the then prevailing monthly subscription fee of that package; Prepaid Subscription of Base Channel Package will automatically renew on annual basis at the completion of the pre-paid Annual Subscription period as calculated from that period’s billing start date at the then prevailing subscription fee for the same package (“Renewed Subscription”). The subscription fee will be charged in accordance with Section 5(D)(i).

10.  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). 

11.  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.

12.  Cancellation: 
A. With Leased Equipment:

i. Monthly Subscription of 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.

13.  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.

14.  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.

15.  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.

16.  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..

17.  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.

18.  Access to Your 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.

19.  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.

20.  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.

21.  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.

22.  Customer Service: If you experience any technical fault, have any administration question or want to request any change 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.

23.  Assignment or Transfer:  This Agreement and the Leased Equipment are not assignable or otherwise transferable by you.

24.  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.

25.  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.

26.  Changing the Term of Service: KyLinTV may change the Term of Service at any time. We will publish details of all changes online at http://www.kylintv.com/kylintv/page/terms-of-service.

27.  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.

28.  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.

29.  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.

30.  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, Religious Option, STAR TV Premium 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 is not limited to Happy Kids VOD Package and Select VOD Package.

“Promotional Plan” 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.

 

 

 

 

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Terms of Service (iPAD)

For iPad® ONLY Service in United States and Canada

1.      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.

2.      Other Versions of Terms of Service: 2.1 Please note, if you are customer to KyLinTV STB or KyLinTV STB with PC Service subscription and it requires a separate subscription purchase. please refer to the Terms of Service for PC Service at http://www.kylintv.com/kylintv/page/terms-of-service#set-top-box 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 3.9 and below Service (including STB and PC service), please refer to the Terms of Service for Service via STB version 3.0 at http://www.kylintv.com/kylintv/page/old-terms-of-service.

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.

3.      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.

4.      Payment of Charges:
A. The current effective subscription fees for KyLinTV for iPad® only packages are set out at http://www.kylintv.com.  Under this Agreement, the payment processing services for goods and/or Services purchased from KyLinTV are provided by KyLinTV Europe Limited, a wholly owned subsidiary of KyLinTV on behalf of KyLinTV or by KyLinTV directly, depending on the type of payment method used for the purchase of the goods and/or Services. In the event you choose to pay with credit card and the payment will be processed via a European Acquirer, these terms are an Agreement between you and KyLinTV Europe Limited. For any other type of purchases, these terms are an Agreement between you and KyLinTV and goods and/or services will be delivered by KyLinTV directly.

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.

5.      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.

6.      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.

7.      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.

8.      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.

9.      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.

10.      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.

11.      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.

12.      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.

13.      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.

14.      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.

15.      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.

16.      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.

17.      Assignment or Transfer: This Agreement is not assignable or otherwise transferable by you.

18.      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.

19.      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.

20.      Changing the Term of Service: KyLinTV may change the Term of Service at any time. We will publish details of all changes online at http://www.kylintv.com/kylintv/page/terms-of-service.

21.      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).

22.      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.

23.      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.

24.      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.

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Old KylinTV Terms of Service

 


KyLinTV Terms of Service V1

1.      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”). 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.

2.      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 (including for example, 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 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.

D.    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.

3.      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.

4.      Payment of Charges: 

A.    The current effective subscription fees for KyLinTV packages are set out at http://www.kylintv.com.  Under this Agreement, the payment processing services for goods and/or Services purchased from KyLinTV are provided by KyLinTV Europe Limited, a wholly owned subsidiary of KyLinTV on behalf of KyLinTV or by KyLinTV directly, depending on the type of payment method used for the purchase of the goods and/or Services. In the event you choose to pay with credit card and the payment will be processed via a European Acquirer, these terms are an Agreement between you and KyLinTV Europe Limited. For any other type of purchases, these terms are an Agreement between you and KyLinTV and goods and/or services will be delivered by KyLinTV directly.

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 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:
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.

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 7.

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 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 7.

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 Section5A, 5B and 5D.

(d) Late Payment Charge:  as set forth in Section 6.

(e) Suspension Fee: as set forth in Section 9.

(f) Cancellation Fee: as set forth in Section 10.

(g) Any additional charges for failure to return Leased Equipment: as set forth in Section 5C.
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 support@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.

5.      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”).

A.    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 $198 USD per Equipment) and any applicable sales, usage, and other taxes for each Equipment you purchase.

B.     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) one hundred and ninety-eight US dollars ($198 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.

C.    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 $198 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).

D.    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 5B. 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 $198 per Equipment) for the Services authorized for the Additional Equipment(s) on your account.

E.     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.

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.

6.      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. If you delay your payment for three (3) months from the date of billing, your action will be deemed as early termination of this Agreement (“Early Termination”) as of the date of billing. If the Early Termination occurs (a) in the initial 12 months of a Monthly Subscription, or (b) in the initial 24 months of a 24-month Subscription, or (c) if you subscribe a subscription plan with minimum commitment period and the Early Termination occurs before reaching the minimum commitment period, you will be subject to a one hundred and twenty US dollars ($120 USD) early termination fee (“Early Termination Fee”). 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.

7.      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 and 24-month Subscription will automatically be renewed each month at the then prevailing subscription fee for the same package; Prepaid Subscription for Base Channel Package, Premium Package and VOD Package will automatically renew on annual 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 4 (D).  This clause does not apply if you subscribe to Prepaid VOD 3-month Package plan and 6-month Package plan.

8.      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 4(D) (iii) or for 24-month Subscription Fee according to Section 4(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 4(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 4(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 4(D) (i). 

9.      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.

10.  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. You will be subject to a one hundred and twenty US dollars ($120.00 USD) cancellation fee if you cancel the Services prior to reaching twelve (12) months of subscription.

B. For 24-month Subscription, you may not cancel the Services until 24 months subscription period is satisfied. If you terminate your subscription prior to the completion of 24 months subscription period, you will be subject to a cancellation fee equal to one hundred and twenty US dollars ($120 USD). 

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 10(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.

11.  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.

12.  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.

13.  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.

14.  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.

15.  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.

16.  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.

17.  Customer Information:

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.

18.  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.

19.  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.

20.  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.

21.  Assignment or Transfer:  This Agreement and the Leased Equipment are not assignable or otherwise transferable by you.

22.  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.

23.  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

24.  Changing the Term of Service: Sometimes, KyLinTV will change the Term of Service. We will publish details of all changes online at http://www.kylintv.com/kylintv/page/terms-of-service .

25.  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.

26.  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.

27.  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.

28.  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, Religious Option, STAR TV Premium 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.

 

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KyLinVoice Terms of Service

1.    Agreement:  This Agreement (the “Agreement”) sets out how KyLinTV Inc. (“KyLinTV”) will provide KyLinTV’s communications services, phone adaptor and Internet Protocol phone set or any other IP connection device or related products or services (the “KyLinVoice ” or “Services”) in the United States and Canada to you. For the purpose of this Agreement, “you” and “your” shall refer to the individual who wishes to use the KyLinVoice. You must be 18 years of age or older and have the legal authority to enter into this Agreement. By (i) your submission of an online order; (ii) your acceptance of this Terms of Services electronically during registration for the KyLinVoice; (iii) your initialing on the Terms of Services in an KyLinVoice order form, and/or (iv) your use of KyLinVoice, you agree to be bound by this Agreement, including future revisions. Any specific terms, conditions, instructions or service limits relating to the KyLinVoice that you chose in your KyLinVoice plan will be treated as part of this Agreement.

2.    Emergency Services - 911 Dialing: KyLinVoice offers 911 Emergency Dialing Services to customers. Please note that KyLinVoice’s Emergency Dialing Services are VoIP based services and are different from traditional landline 911 and cellular/wireless 911. There are certain limitations and outage factors that are different from traditional 911 services.  It is important that you read and understand about these important limitations.
A.    Power Outages; Broadband Outages or Congestion; Service Interruption; and other Outages: 
i. You acknowledge that the Services will not function in the absence of electrical power or in the event of other interruption to your electricity service. Your emergency dialing services may not be restored automatically following a power failure or disruption and you may need to reset your Equipment prior to using the Services.
ii. You acknowledge that a high speed internet connection is required in order to use KyLinVoice and KyLinVoice (including emergency dialing service) will not function if there is an interruption of your internet access service. 
iii. You acknowledge that the Services, including the emergency dialing services, will not function if your account is suspended or cancelled for any reason.
iv. Some outages for any reason may prevent 911 dialing from functioning: including, but not limited to network congestion, inability to provision E911 address in real time, programming or software errors, or a third party outage. E911 provides reduced speed in the routing of a 911 call compared to the traditional 911 dialing over traditional public telephone networks. E911 services do not guarantee that emergency call will be answered by live operator. Calls over E911 services have higher risk of encountering a busy signal. 
B. Registration of Physical Location Required: You are required to register a physical location of your Public Switched Telephone Network (PSTN) phone number with KyLinTV and agree to update the location whenever the physical location of Services changes. You acknowledge that KyLinVoice’s only mechanism for routing 911 calls to the correct emergency call taker is the physical location currently registered for the account by you. In the event that the physical location has not been updated or is not complete, any 911 calls you make may be routed to the wrong emergency center and may result in help being sent to the wrong address. If you fail to provide a valid physical address to us, you will not be able to utilize 911 services and you agree to waive any claim of liability against KyLinTV. E911 services are subject to availability within your calling jurisdiction. Where E911 services are available, when you dial 911 or another emergency dial number configured in your account, your current E911 address and an automatically assigned E911 call-back telephone number is transmitted to the local emergency center based on your current E911 address selection. Emergency operators have access to the information they need to send assistance and reach you via a callback. You acknowledge that you may receive limited E911 or no E911 services at all if the address you use our Services is geographic location different from your current configured E911 address or if a third party fails to properly deliver address information and telephone number to the emergency response center. Where E911 services is not available, the local emergency operator answer the call may not have your call-back number or your exact location, so you must be prepared to provide them with your information. Until you provide the operator your phone number, he/she may not be able to call you back or dispatch assistance if the call is dropped, disconnected, or if you are unable to speak. Some customers may not have access to either basic 911 or E911 services, in which case, your 911 call will be sent to the national emergency call center where a trained agent will ask for your name, telephone number, and location, and then transfer you to the local emergency center nearest to your location. You authorize us to disclose your name and address to third-parties involved with providing 911 emergency services to you, including but not limited to, call routers, call centers and local emergency centers.
C.    Important Limitations: You understand and acknowledge that the KyLinVoice emergency dialing feature cannot be used in conjunction with a KyLinVoice "Virtual Telephone Number". A KyLinVoice Virtual Telephone Number is assigned to each of your additional Equipment under your main account. The number always begins an area code of “11”. These Virtual Telephone Numbers are NOT loaded into national emergency databases and will NOT function to access emergency service. PSTN traditional telephone number assigned by KyLinVoice has access to KyLinVoice Emergency Services. 
D.    Acknowledgement and Alternative 911 Services: You affirmatively acknowledge that KyLinTV has advised you of the circumstances under which KyLinVoice’s E911 services may not be available or may be limited in comparison to traditional 911 emergency dialing and you agree to notify any potential user of the Services, who may place calls using your KyLinVoice account, of the 911 limitations described herein. KyLinTV advises you to maintain an alternative means of accessing traditional 911 services.

3.    Incompatibility With Other Services:
A.    Non-voice systems: You acknowledge that the Services may not set up to function with outbound dialing systems including home security systems, medical monitoring equipment, TTY equipment, and entertainment or satellite television systems. You have no claim against KyLinTV for any interruption or disruption of such systems by the Services.
B.    Certain Broadband, Cable Modem, and Other Services: You acknowledge that KyLinVoice may not be compatible with certain cable broadband services. There may also be other services with which our Services may be incompatible. Some providers of broadband services may provide modems that prevent the transmission of communications using our Services. We do not warrant that our Services will be compatible with all broadband services and disclaim any express or implied warranties regarding the compatibility of our Services with any particular broadband service.

4.    Telephone Numbers and Phone Condition:
A.    Number: You may port out telephone number assigned to your account only in countries that support such porting. You acknowledge that KyLinTV reserves the right to cancel, substitute or change telephone numbers allocated to you in its sole discretion. You acknowledge that KyLinTV shall not be liable for any damages (including consequential or special damages) arising out of telephone number allocations. The phone numbers you get from us will not be listed by us in any telephone directories. Upon termination of your KyLinVoice account for any reason, you will no longer have access to telephone numbers allocated to you; consequently these telephone numbers will be reassigned to other customers and once reassigned KyLinTV will not be able to assign the same telephone number to you in the future. KyLinTV tries its best to ensure interoperability of KyLinVoice telephone numbers in order to make the telephone numbers reachable from as many mobile and fixed networks as possible. However, as KyLinTV relies on the interoperability of services from its local partner(s) in each country for end-to-end connectivity, KyLinTV does not warrant and represent that the telephone numbers will be reachable from all mobile and fixed networks. KyLinVoice cannot be used to trigger callback services or collect calls. 
B.    Caller Identity (Caller ID): KyLinVoice offers a feature that gives you ability to produce Caller ID different from KyLinVoice allocated phone numbers. No use of the phone number, Caller ID, or other identity of any person or entity is permitted without his/her, or its express permission. If KyLinTV determines or suspects, in its sole and absolute discretion, that you have used or are using an identity without right or permission, we may immediately suspend or terminate your Services without notice.

5.    Term:  This Agreement shall be effective from the date of your registration for the Services (electronically or otherwise) and shall last until the end of your Service Term. 
A.    The Service term is the term that you selected from the options available when you signed up for our Services. Your first Service Term begins on the date the Services are activated for you. 
B.    Renewal:  Your Service Term automatically renews as described below after your current Service Term unless you call us to cancel your Services before the end of your then current Service Term. Monthly plan and 24-month planautomatically renews on a monthly basis after the initial Service Term; prepaid plan automatically renews for the same term you selected at the time of order.  

6.    Fees:
A.    Fees and Charges: The current effective rates and charges for the Services are available at our official website http://www.KyLinTV.com. These fees and charges may change from time to time. At our discretion, we may change introductory pricing. Please note that all the minute usage calculation will be based on Eastern Standard Time (“EST”).  Under this Agreement, the payment processing services for goods and/or Services purchased from KyLinTV are provided by KyLinTV Europe Limited, a wholly owned subsidiary of KyLinTV on behalf of KyLinTV or by KyLinTV directly, depending on the type of payment method used for the purchase of the goods and/or Services. In the event you choose to pay with credit card and the payment will be processed via a European Acquirer, these terms are an Agreement between you and KyLinTV Europe Limited. For any other type of purchases, these terms are an Agreement between you and KyLinTV and goods and/or services will be delivered by KyLinTV directly.
B.    Billing increments: The usage charges will be willed in full minute increments. We round partial minutes up to the next full minute and we bill fractional usage charges in full cents. 
C.    Taxes: Taxes, surcharges, or fees, or all of these, may be assessed by State and local governments on your use of the Services. These charges may be a flat fee or a percentage of your KyLinVoice charges and may change without notice. These charges are based on the rates applicable to the address you provided to us. You are responsible for all applicable taxes, fees, or charges for your order, use, or payment for our Services. These amounts are in addition to the payment for your Services or Equipment. You authorize us to bill these charges to your selected payment method according to the terms in this Agreement.
D.    Please find Exhibit 1 attached hereto for Certain fees and charges may apply in certain circumstances to your payment for the Services, including but not limited to Activation Fee, Shipping and Handling Charges, Early Termination Fee, Late Fee and Equipment Deposit.  
E.    No Credit for Non-Usage or Misdialing: Neither non-usage of the Services nor misdialing while using the Services entitle you to a credit for, or refund of, any portion of a payment made to us.

7.    Payment, Billing and Collection:
A.    Payment: 
i. You agree to provide KyLinTV, at initial sign-up, with a valid payment method (including but not limited to credit card, etc.) acceptable to KyLinTV to pay for your subscribed Services and will maintain the validity of payment information while your subscription is active unless we otherwise agree upon. You authorize us to collect from your payment method, including, if applicable, Equipment Deposit, monthly service fees, usage fees, shipping charges, Early Termination Fees, activation fee, Late Fee, taxes and all other applicable charges. 
ii. 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.
iii. If the charge transaction against your designated form of payment is refused by the merchant account for any reason (card expiry, insufficient credit limit or insufficient fund, etc.), KyLinTV will be entitled to immediately at any time suspend the Services to you and/or suspend your account without notice. You must contact KyLinTV customer service to unlock your account. 
iv. 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.
v. You agree to promptly update your account information whenever your personal or billing information changes (including, for example, your name, address, e-mail address, telephone number, credit/debit card number and expiration date or other payment method information). You authorize KyLinTV to send you notifications and information regarding your Services via e-mail over the Internet. If notifications are sent by us to the last email address provided by you, you agree that we have provided sufficient email notification and you waive any rights to assert failure of notice.
B.    Billing. 
i. We will charge your payment method in advance for monthly service fee or the monthly fee of 24 months plan, associated taxes and surcharges. We will charge you in arrears on a monthly basis for any usage and calls not covered by your plan, and immediately on disconnection for any accrued and unbilled amounts, late fee or Early Termination Fees (including taxes), if applicable, that are due. 
ii. If you subscribe to a prepaid annual plan, we will bill you in advance for the service plan fee due for the entire year, plus any associated taxes, fees and surcharges. We will charge you in arrears on a monthly basis for usage and calls not covered by your plan, and immediately on disconnection for any unbilled amounts and, if applicable. 
iii. KyLinTV reserves the right to charge Customer's payment method at any time during a service month if Customer's usage charge exceeds $24.00 dollars. Billing for monthly service fees, deposits and other applicable charges commences upon purchase of Services, and the first month's monthly service fees will be prorated to take into account for any partial month of Services. 
iv. Dispute of Charges: Your monthly statement of KyLinVoice will be available online through your KyLinVoice 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 Fee as described in Section 7C. Disputes can be filed either by calling or emailing KyLinTV at contact information listed inExhibit 2. Please retain your proof of filing a dispute claim.
C.    Late Fee and Collection: If you delay payment, KyLinTV will send you a reminder or call you, and may temporarily suspend the Services to you. The Services may be reinstated after you paid in full the amount demanded by KyLinTV. If you delay payment for one (1) month from the date of billing or non-payment, KyLinTV will initiate the collection procedure and may charge you a Late Fee set forth in Exhibit 1. If we use an attorney or a collection agency to collect any money you owe us or to assert any other right that we may have against you, including without limitation, any breach of any agreement you may have with KyLinTV, you agree to pay the reasonable costs of such collection or other action. These costs may include, without limitation, the costs of a collection agency, reasonable attorneys’ fees and court costs. 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.

8.    Equipment: 
A. To receive the Services, you must use KyLinVoice phone adaptor or Internet Protocol phone set (each being a set of “Equipment”). For clarity, the KyLinVoice wireless adaptor is not a part of the Equipment and a separate purchase is required.  You can lease the Equipment from KyLinTV by paying a refundable one-time Equipment Deposit set forth in Exhibit 1 for each Equipment set that you lease (the “Leased Equipment”). KyLinTV will charge your account for the applicable Equipment Deposit at the time the order is received.
B.    Additional Equipment: You may request up to three additional sets of Equipment under your account (the “Additional Equipment”) provided that you pay Equipment Deposit for each Additional Equipment you request. Each Additional Equipment will share the plan under your account. Usages (including, but not be limited to Outbound Calland call forwarding) through all the KyLinVoice Equipment(s) under your account will be merged and charged based on the rate applicable to your account, regardless of where the Additional Equipment locates. For example, if your account is registered in United States and one of your Additional Equipment is in China, the usage through this Additional Equipment will be charged based on the U.S. rate. 
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 8B). If the Leased Equipment is returned on time and in good working condition, KyLinTV will refund to your designated 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 your cancellation 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 Equipment Charge per Equipment set with tax applicable and the Equipment Deposit you paid and (iii) KyLinTV will initiate the collection procedure and the Late Fee set out in Section 7C. 
D.    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 Equipment from its initial installation. Any alteration, tampering, removal, etc., or the use of Equipment which permits the receipt of Services without authorization or the receipt of Services to an unauthorized number of outlet 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 Equipment is allowed. 
E.    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.
F.    Software Upgrades. From time to time, the Equipment may need to be updated. Such upgrades occur automatically and last approximately 1-5 minutes. During the process of upgrading, you may not be able to obtain dial tone or make and receive calls, including the ability to make 911 calls.
G.    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.

9.    Cancellation:  you may cancel the Services by calling our Customer Service Department via telephone. Please note that simply disconnecting or returning your Leased Equipment to us or sending us cancellation request via email will not cancel your Services and you will remain responsible for all costs and fees associated with your account, including but not limited to, monthly recurring fees for your service plan. 
A.    Cancellation by You: If you attempt to cancel the Services before the end of your current Service Term, you will be responsible for all the charges for your current term, including unbilled charges, plus an Early Termination Fee as provided in Exhibit 1. Cancellation is effective on the 1st day of your next billing cycle. Annual prepaid plan charges are not subject to refund. Charges for any overages, and out-of-plan local and international calls or any other features and Services outside your rate plan are separately billed and charged to your selected payment method after cancellation.  For avoidance of doubt, if you subscribed the Services through a promotion of KyLinVoice, any additional charges associated with the termination set forth in the terms and conditions of the promotion shall also apply. 
B.    Cancelation by KyLinTV:
i. Cancellation by us with a cause: If we disconnect your Services for any of the following reasons, you will be responsible for all charges through the end of your current Service Term, including unbilled charges, plus any applicable Late Fee, Early Termination Fees and any disconnection charges: Unlawful or illegal activities 
(Section 10), late payment or Non-payment (Section 7C), Violation of laws of jurisdictions and violation of Section 8D of this Agreement.
ii. Cancellation by us without a cause: If we discontinue Services generally, you will only be responsible for the charges that have accrued through the date of the disconnection, including a pro-rated portion of the final Service Term charges.
C.    Cancellation by Number Porting: If you request to port out your number to other providers, the cancellation process will start right after your phone number is successfully transferred and cancellation will take effect on the 1st day of your next billing. You will be responsible for all charges through the end of your current Service Term, including unbilled charges, plus any applicable Late Fee, Early Termination Fees and any disconnection charges. There will be no refund for prepaid any monthly service fee.

10.    Spamming and Illegal Activities:
You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or in association with the transmission of material that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, contains viruses, or that infringes or may infringe the intellectual property or other rights of another. You agree not to use the Services for the transmission of “junk mail”, “spam”, “chain letters”, or unsolicited calls. The transmission of unsolicited phone calls, voicemails, using the Services is illegal under foreign and domestic laws, federal laws, including the Federal Telephone Consumer Protection Act of 1991 and a number of similar local laws. Distributions of unsolicited voicemail, broadcast advertisements through the Services are prohibited. You shall not use the Services to send or transmit any unsolicited communications or advertisements. You acknowledge and agree that KyLinTV does not do and assumes no responsibility for verification of call campaign participants against various federal and local Do Not Call lists. You acknowledge that all phone call recipients are in full compliance with all federal and local Do Not Call Lists and you have their consent of contacting them. KyLinTV reserves the right to terminate your access to the Services if KyLinTV believes in its sole discretion, that you have used the Services for any illegal or unauthorized activity. At KyLinTV option and without further notice, KyLinTV may use various technologies, such as filters, that may terminate such unsolicited advertisements without delivering them. You hereby release and agree to hold harmless KyLinTV from and against any damages or liabilities of any kind related to any voicemail, voice broadcast or solicitations that you may send and/or receive using the Services.  

11.    Fair Residential Use Policy
A.    You understand and acknowledge that the KyLinVoice is for normal residential or personal, noncommercial, non-professional use. You further agree and acknowledge that KyLinVoice's residential service is intended for use by you and your immediate family only. If your Plan allows you to extend the Services or feature(s) to one or more mobile devices, land or VoIP numbers, such use is also considered to be use under the same Plan and subject to KyLinVoice's Fair Residential Use Policy.
B.    Impermissible Use(s)
i.    Each of the following is considered to be outside of normal residential use:
(i)   use by or for others who are not members of Customer's immediate family residing in Customer's home;
(ii)   business use of any type, including home office businesses;
(iii)  operating a customer care, support or call center;
(iv)  resale to others;
(v)   auto-dialing or fax/voice blasts;
(vi)  telemarketing;
(vii) all other non-residential uses.
ii.    Monthly usage which is 30% higher than the average usage by KyLinVoice residential customers is considered unusual and excessive usage and is subject to evaluation by KyLinTV. In addition, usage involving specific numbers called, average call durations, forwarding and transferring, conferencing and unusually short duration calling may, constitute impermissible use(s) of the Services.
C.    Enforcement of Fair Residential Use Policy
KyLinTV reserves the right to review and evaluate all customer accounts and to take action if an account does not comply with this Fair Residential Use Policy or involves impermissible, detrimental or unlawful use. KyLinTV may assess abnormal usage based on comparisons to the usage patterns and levels of our other customers. We reserve the right immediately to either suspend your Service and offer you an alternative plan or terminate your Service with or without notice if we determine, in our sole and absolute discretion, that your use of the Service or the Equipment is, or at any time was, inconsistent with normal residential usage patterns or constitutes Impermissible Use(s) set out above. In addition, you will be required to pay our higher rates for commercial service for all periods in which your use of the Services or the Equipment was inconsistent with normal residential use or constitutes Impermissible Use(s) set out above. If your use is determined to be unlawful, KyLinTV will immediately suspend or terminate the Services with or without notice. KyLinTV may notify all proper authorities of any illegal use of the Services and will cooperate with all such authorities regarding investigation and prosecution. KyLinTV hereby reserves all of its legal rights.

12.    Limitation on Warranties, Remedies and Liability.
A.    No Warranties on Services or Software.
You agree that our Services are provided “as is”. We make no warranties, express or implied, including but not limited to, any implied warranties of merchantability, fitness of the Services or Equipment for a particular purpose, title or non-infringement or any warranty arising by usage of trade, course of dealing or course of performance. In addition, we do not warrant that the Services, software or Equipment will be without failure, delay, interruption, error, omission, degradation of voice quality, or loss of content, data, or information. Neither KyLinTV nor its officers, directors, employees, affiliates, reseller, supplier or agents will be liable for unauthorized access to our or your transmission facilities or premises or Equipment or for unauthorized access to, or alteration, theft, or destruction of, customer's data files, programs, procedures, or information through accident, fraudulent means, devices, or any other method, regardless of whether such damage occurs as a result of KyLinTV’s or its service provider’s negligence. The entire risk associated with the use of the Services shall be borne solely by you. Although KyLinTV makes every effort to ensure that voice and data transmissions are secure, KyLinTV makes no guarantees of security. KyLinTV does not warrant the reliability or accuracy of the results obtained by using the Services. KyLinTV does not authorize anyone to make a warranty of any kind on our behalf including, without limitation, KyLinTV’s employees and Resellers and you should not rely on any such statement. This paragraph shall survive termination of this agreement. As certain jurisdictions do not allow some of the exclusions, disclaimers, or limitations as set forth above in this section, some of these exclusions, disclaimers, or limitations may not apply to you.
B.    Disruption of Services:  We will not give you credit for any interruption of the Services, including international calling services.
C.    Limitation of Liability: In no event will KyLinTV, its parents, subsidiaries, affiliates and their respective members, managers, directors, officers, employees, stockholders, agents and any underlying carrier be liable for any delay or failure to provide Services, including 911 Dialing, or your blocking of an emergency number (e.g., Police, Fire Department, Hospital) at any time or any interruption or degradation of voice quality that is caused by any of third party omission, Equipment failure, Equipment/software upgrade, Force Majeure, Internet connection outage, power outage, any act or omission by you or any person using our Services or the device provided to you; or any other cause that is beyond our control, including, without limitation, a failure of or defect in any Equipment, the failure of an incoming or outgoing communication, the inability of communications (including, without limitation, 911 Dialing) to be connected or completed, or forwarded. 
D.    Disclaimer of Liability for Damages: In no event will KyLinTV, its officers, directors, employees, affiliates or agents or any other service provider who furnishes Services or devices to you in connection with our Services be liable for any damages, including but not limited to personal injury, wrongful death, property damage, loss of data, loss of revenue or profits, or damages arising out of or in connection with the use or inability to use a device or the Services, including inability to get or receive dial tone, access emergency service personnel through the 911 dialing services, or delays in the delivery of emergency services accessed through the 911 dialing services, or to obtain emergency help. KyLinTV further disclaims any and all liability arising out of any resale, reuse, or refurbishment of the Equipment without KyLinTV’s prior authorization. In no event shall KyLinTV, its parents, subsidiaries, affiliates and their respective members, managers, directors, officers, employees, stockholders, agents and any underlying carrier be liable to you or any third party for special, indirect, incidental or consequential damages whether arising under contract, warranty, or tort (including negligence or strict liability) or any other theory of liability. These limitations apply whether or not we were informed of the likelihood of any particular type of damages.
*Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. However, with respect to 911 dialing and other aspects of KyLinTV’s Services, there may be federal or state laws that exclude such damages and provide other protections to KyLinTV which KyLinTV does not waive or limit in any manner whatsoever.
E.    Disclaimer of Liability and Indemnification for 911 Service: KyLinTV does not have any control over whether, when or how 911 calls are answered or handled by any emergency response center. KyLinTV disclaims all responsibility for the ability of the Equipment to connect to an emergency response center, the conduct of the local emergency response center and the national emergency calling center. KyLinTV relies on third parties to assist us in routing 911 calls to emergency response centers and to a national emergency calling center. We disclaim any and all liability or responsibility in the event such third party data used to route calls is incorrect or yields an erroneous result or results in the delay of the delivery of emergency services. In no event shall KyLinTV (or its officers, employees, parent, subsidiaries, or affiliates), its third party licensors, providers or suppliers, be liable for, from any and all claims, losses, damages, fines, penalties, costs, and expenses (including, without limitation, attorneys' fees) by, or on behalf of, you or any third party or user of the Services relating to the absence, failure, or outage of the Services or Equipment, including 911 dialing, incorrectly routed 911 dialing calls, and/or the inability of any user of the equipment to be able to use 911 dialing or access emergency services personnel. If you are not comfortable with the limitations of the E911 dialing services, you may use alternative means of accessing traditional 911 services or discontinue using KyLinVoice.  
F.    Limit on Total Liability: if, notwithstanding the other terms of this Agreement, KyLinTV should have any liability to you or any third party for any loss, harm or damage. You and KyLinTV agree that KyLinTV’s total liability to you for any reason shall be limited and capped in their entirety to the monthly fees KyLinTV charged you during the one (1) month immediately prior to the date that the events giving rise to the action or claim first occurred.

13.    Indemnification and Waiver of Claims.
A.    Indemnification: You shall defend, indemnify, and hold harmless KyLinTV, its officers, directors, employees, affiliates and agents, and any other service provider who furnishes services to you for our Services, from any and all claims, losses, damages, fines, penalties, costs, and expenses (including, without limitation, attorneys fees) by, or on behalf of, you or any third party or user of our Services, relating to our Services, including, without limitation, 911 Dialing, or Equipment, or use of our Services by you or others using your account (whether or not such usage is expressly authorized by you).
B.    Waiver of Claim or Causes of Action: You waive all claims or causes of action arising from or relating to our 911 dialing services unless the claims or causes of action arise from our gross negligence, recklessness, or willful misconduct.
C.    Content: You are liable for all liability that may arise from the content transmitted to any person, whether or not you authorize it, using your Services or Equipment(s). You promise that you and anyone who uses your Services comply at all times with all laws, regulations, and written and electronic instructions for using our Services and Equipment.

14.    Your Property.  
KyLinTV assumes no responsibility for the maintenance or repair of equipment you use, including but not limited to any modem, router and phone set. You shall be responsible for the repair and maintenance of any equipment you use.

15.    Access to Your 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.

16.    Your Privacy.
A.    The Service utilizes, in whole or in part, the public networks such as Internet and third party networks to transmit voice and other communications. KyLinTV is not liable for any lack of privacy which may be experienced with regard to the Services. You agree that KyLinTV may also aggregate anonymous, non-personal information for reporting and analysis purposes related to your usage of KyLinVoice Services. 
B.    You authorize our recording and monitoring of your calls to our customer service phone numbers and you consent to KyLinTV may contact, survey, solicit you from time to time by various means including, without limitation, automated dialing, your account inbox records, internal communication and email.

17.    Cooperation with Government Authorities.
In accordance with applicable law, KyLinTV will cooperate with local, state, federal, international and/or worldwide government authorities to protect its website, Services, materials, accounts, visitors, customers, KyLinTV, its parents, subsidiaries, affiliates and their respective members, employees, directors, officers, stockholders and agents and operational providers, from the unauthorized use of its website, materials, Services and accounts. KyLinTV means to be in full compliance with Communications Assistance for Law Enforcement Act ('CALEA'). By using the Services, you hereby agree and consent to KyLinTV’s right to monitor, tap, trace and otherwise disclose the nature, content and history of your communications if and as required by CALEA without any notice to you.

18.    Customer Service. If you experience any technical fault, have any administration question or want to request any change in your KyLinVoice account, you may contact us at the contact information set forth in Exhibit 2 hereto. The most updated contact information of KyLinVoice is available at http://www.KyLinTV.com/KyLinTV/page/contact-us.

19.    Assignment or Transfer.  This Agreement and the Leased Equipment are not assignable or otherwise transferable by you.

20.    Breach of Agreement.  KyLinTV, at its option, may suspend or terminate the Services and remove the Leased Equipment (if any) 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 activities utilizing the Services. KyLinTV’s failure to remove such Equipment or suspend/ terminate the Services 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.

21.    Change to Service Plan. Your service plan includes terms and conditions such as monthly service allowances, limitations and features, and the associated charges, all as described at www.kylintv.com or in other communications and materials made available to you in connection with your order or changes to your Services. You acknowledge that your service plan is also subject to these Terms and Conditions and this Agreement. We may change our business policies, practices and procedures at any time without notice. Unless otherwise prohibited by applicable law, we may also change the terms and conditions of your service plan (such as features and prices) at any time, with or without notice. If we do give you notice, it may be provided on your account web page or monthly bill, in a newsletter, in a mailing, by e-mail, by telephone or other communication permitted under applicable law.

22.    Changing the Term of Services: KyLinTV may change the Term of Services for the Services at any time. We will publish details of all changes online at http://www.KyLinTV.com/KyLinTV/page/terms-of-service.

23.    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.


24.    Force Majeure: Under no circumstances shall KyLinTV be held liable for any delay or failure in performance of the Services or Equipment or related any other service or products resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of god, war, governmental actions and orders of domestic or foreign courts or tribunals.

25.    The Chinese translated version of this Agreement is for reference purpose only. In case of any discrepancy, the original version in English shall prevail.

26.    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 States and the State laws of the State of New York without reference to its principles of conflicts of law. You and KyLinTV agree that, by entering into this agreement, you and KyLinTV are waiving the right to a trial by jury.

27.    Waiver of Class Actions.
You and KyLinTV agree that you and KyLinTV may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. 


EXHIBIT 1- Fees

In addition to any amounts due for your Services and any other amounts due under this Agreement or any applicable service Plan Agreement, you agree to pay the fees listed in the table below (“Fees”) and tax applicable. KyLinTV may adjust these Fees, or impose additional Fees. You may find the current effective fees information of the Services and calling rate at our official website http://www.KyLinTV.com.

Type of Fee

Amount

Description of When Fee Applies

Equipment Deposit

$50 USD

A refundable one-time deposit of the Leased Equipment

Equipment Charge

$99 USD

The market price of the Equipment

Shipping Fee

$15 USD / Unit

A shipping fee applies when we ship out Equipment to United State or Canada

$10 USD / Unit

A shipping fee applies when we ship out Equipment to Mainland China, HK, Macau or Taiwan

$50 USD / Unit

A shipping fee applies when we ship out Equipment to countries and regions other than United State, Canada, Mainland China, HK, Macau  and Taiwan

Activation Fee

$15 USD

A non-refundable one-time fee to activate the Services

Early Termination Fee

$12 USD/month for KyLinVoice Unlimited package (Max. USD$240)

You are subject to a cancellation fee for each remaining month under the contract when you cancel the Services before the end of your current Service Term.  Please contact our customer service for detail.

$5 USD/month for KyLinVoice Basic, KyLinVoice Plus or KyLinVoice Canada package (Max. USD$120)

Late Fee

$25 USD

A Late Fee applies when you do not pay your fee in full on or before its due date

 

EXHIBIT 2 - Contact Information

Contact Number

Email

1 (877)888-8598

support@KyLinTV.com

 

Corporate Address:

U.S. Entity (Headquarter): KyLinTV, Inc.
Address: 1600 Old Country Road, Plainview, 
New York, 11803, 
United States

EU Entity: KYLIN TV Europe Limited
Address: 41, Propylaion Street, Rita Court 50, 4th Floor, Office 401
Nicosia 1048
Cyprus

Singapore Entity: KyLinTV Asia Pacific Pte. Ltd.
Address: 3 Shenton Way, #14-05 Shenton House, 
Singapore 068805

 

 

Terms of Service

for KyLinMobile

 

 

1.      Agreement:  This Agreement (the “Agreement”) sets out how KyLinTV, Inc. (“KyLinTV”) will provide KyLinTV’s internet communications services or other related services (the “KyLinMobile” or “Service”) to you on smartphones with iOS version 7.1 or above or Android version 4.0 or above via KyLinMobile application (the “Software”) in the United State and Canada. For the purpose of this Agreement, “you” and “your” shall refer to the individual who wishes to use the Service. By (i) your submission of an online order; (ii) your clicking to accept the Terms of Service electronically during registration; (iii) you download and/or the Software, Service and or KyLinMobile website, you agree to be bound by this Agreement, including future revisions. Any specific terms, conditions, instructions or service limits relating to the Service that you chose in your KyLinMobile order will be treated as part of this Agreement.

 

2.      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 Service thus shall be true and accurate. You agree that KyLinTV may disable or terminate the Service 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 understand and acknowledge that the Service is for residential use only and agrees to comply with any applicable laws and regulations. You understand that any use of the Software and KyLinMobile Service for commercial purpose is prohibited.

D.    You accept that KyLinTV considers anyone using the Software 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. You are solely responsible and liable for all activities conducted through your KyLinMobile account. To prevent unauthorized use, you shall keep your password confidential and shall not share it with any third party or use it to access third party websites or services.it is your responsibility to ensure that you do not respond to any unsolicited requests for credit card details, passwords or other data. KyLinTV takes no responsibility for your failure to comply with the obligations in this Section 2D.

 

3.      Licence:

A.    This Software and associated documentation (whether in printed or electronic form) including any improvements, modifications, enhancements, fixes, updates, upgrades and future versions thereto (“Updates”) and whether made available for free or for a fee are licensed (not sold) to you by KyLinTV.

B.     Subject to your compliance with this Agreement, you are granted a limited, non-exclusive, non-sublicensable, non-assignable, royalty-free license to download and install the Software on a mobile phone or other devices permitted by KyLinTV; and personally use the Software through your individual KyLinMobile account. KyLinTV reserves all rights not expressly granted to you under this Agreement.

C.    Restrictions: you shall not and you agree not to:

(a) sub-license, sell, assign, rent, lease, export, import, distribute or transfer or otherwise, grant rights to any third party in the Software;

(b) undertake, cause, permit or authorize the modification, creation of derivative works or improvements, translation, reverse engineering, decompiling, disassembling, decryption, emulation, hacking, discovery or attempted discovery of the source code or protocols of the Software or any part or features thereof (except to the extent permitted by law);

(c) remove, obscure or alter any copyright notices or other proprietary notices included in the Software.

 

4.      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.

 

5.      No Access to Emergency Service:

A.    This Software is not a replacement for your ordinary mobile or fixed line telephone. In particular, the Software does NOT support or carry emergency calls to any type of hospitals, law enforcement agencies, medical care unit or any type of emergency services of any kind (“Emergency Services”). There are important differences between traditional telephone services and the Software. You must make alternative communications arrangements to ensure that you can make emergency calls if needed.

You acknowledge and agree that (a) KyLinMobile is not required to offer access to Emergency Services under any applicable federal, state or local laws or regulations; (b) it is your responsibility to purchase or use, separately from KyLinMobile, smart phone, traditional wireless, landline telephone services or other services that offer access to Emergency Services; (c) the Software and KyLinMobile is not a replacement for your primary telephone service.

 

6.      Internet:

In order to use the Software and KyLinMobile, you must have access to an Internet broadband connection. You are responsible for providing all equipment required to access the Internet or enable communications such as headsets, microphones and webcams. If your use of the Software is dependent upon the use of a processor and bandwidth owned or controlled by a third party, you acknowledge and agree that your license to use the Software is subject to your obtaining consent from the relevant third party for such use. You represent and warrant that by accepting these Terms, you have obtained such consent.

 

7.      No Ownership of Numbers: If KyLinTV allocate a KyLinMobile number to you, you do not own the number or have a right to retain that number forever. The number provided to you is subject to applicable numbering rules and regulatory practices. You acknowledge that KyLinTV reserves the right to cancel, substitute or change telephone numbers allocated to you in its sole discretion. You will not transfer or attempt to transfer your KyLinMobile number to anyone else.

 

8.      Update to the Software: KyLinTV may automatically check your version of the Software. You may be required to update the Software in order to continue using KyLinMobile. You agree to accept such updates subject to these Terms and other terms applicable to the updates. If you do not agree, please discontinue use of and uninstall the Software. KyLinTV is not obligated to make any updates available and does not guarantee that we will continue to support the version of the devices for which you are licensed the Software or that updated Software will be compatible for use with end user running older versions of the Software.

 

9.      Fees:

A.      Charges: The current effective rates and charges for the Service are available at our official website www.kylinmobile.com. The charges for the Service/products will be confirmed to you before you complete a purchase from KyLinMobile. KyLinTV may change the charges/fees payable for the purchase of such Service at any time without any notice to you. You can choose whether or not to accept the new charges prior to completing your next purchase of the applicable Service. Please note that all the minute usage calculation will be based on Eastern Standard Time (“EST”).

B.      Billing increments: The usage charges will be billed in full minute increments. We round partial minutes up to the next full minute and we bill fractional usage charges in full cents.

C.       Third Party Charges: Unless you use KyLin Hotspot service provided by our third party provider, using the Software on mobile application will use some of the data allowance available on the data package which you have subscribed with your mobile network operator. Out-of-country usage may lead to significantly higher costs than regular usage, and you are solely responsible for keeping yourself informed and paying for possible roaming and other applicable charges levied by your mobile network operator.

D.       Taxes: Taxes, surcharges, or fees, or all of these, may be assessed by local governments on your use of the Service. These charges may be a flat fee or a percentage of your KyLinMobile charges and may change without notice. These charges are based on the rates applicable to the address you provided to us. You are responsible for all applicable taxes, fees, or charges for your order, use, or payment for our Service. These amounts are in addition to the payment for your Service. You authorize us to bill these charges to your selected payment method according to the terms in this Agreement.

E.       Please find Exhibit 1 attached hereto for Certain fees and charges may apply in certain circumstances to your payment for the Services, including but not limited to Shipping and Handling Charges, Early Termination Fee, Late Fee, Equipment Deposit and Replacement Charges. 

F.       No Credit for Non-Usage or Misdialing: Neither non-usage of the Service nor misdialing while using the Service entitle you to a credit for, or refund of, any portion of a payment made to us.

 

10.     Payment, Dispute and Collection

A.     Payment:

i. You agree to provide KyLinTV, at initial sign-up, with a valid payment method (including but not limited to credit card, etc.) acceptable to KyLinTV to pay for your Service and will maintain the validity of payment information while your account is active unless we otherwise agree upon. You authorize us to collect from your payment method, including, if applicable, Equipment Deposit, Service Fees, usage fees, Shipping and Handling Fee, Early Termination Fees, Late Fee, Late Return Fee, Replacement Charges taxes and all other applicable charges.

ii. 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.

iii. You accept that KyLinTV considers anyone using the Service under your account be authorized by you (unless proven otherwise) and you must pay all charges due from that use.

iv. If the charge transaction against your designated form of payment is refused by the merchant account for any reason (card expiry, insufficient credit limit or insufficient fund, etc.), KyLinTV will be entitled to immediately at any time suspend the Services to you and/or suspend your account without notice. You must contact KyLinTV customer service to unlock your account.

B.     Dispute of Charges: If you subscribe to any of the KyLinMobile Traveler Packages, you will be able to view the billing statement in the order confirmation letter sent to you designated email address. If you subscribe to any of the KyLinMobile Home Packages, your monthly statement will be available online through your KyLinMobile account on www.kylintv.com. If you believe that KyLinTV has charged you in error for the KyLinMobile Service, you must contact KyLinTV Customer Service within 30 days of such charge. No refund will be given for any charges more than 30 days old. Please retain your proof of filing a dispute claim.

Late Fee and Collection: If you delay payment, KyLinTV will send you a reminder or call you, and may temporarily suspend the Services to you. The Services may be reinstated after you paid in full the amount demanded by KyLinTV. If you delay payment for one (1) month from the date of billing or non-payment, KyLinTV will initiate the collection procedure and may charge you a Late Fee set forth in Exhibit 1. If we use an attorney or a collection agency to collect any money you owe us or to assert any other right that we may have against you, including without limitation, any breach of any agreement you may have with KyLinTV, you agree to pay the reasonable costs of such collection or other action. These costs may include, without limitation, the costs of a collection agency, reasonable attorneys’ fees and court costs. 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.

 

11.  Billing, Cancellation and Renewal for KyLinMobile Traveler Service

The following policies apply to KyLinMobile Traveler Packages only. If you are a subscriber of KyLinMobile Home Packages, please refer to the policies for KyLinMobile Home Packages in section 12 of this Agreement.

A.    Billing: KyLinMobile Traveler Packages requires prepayment of the total amount of Service charge for any service plan(s) you choose. We will charge your payment method in advance for Service fee due for the entire service period, plus any associated taxes, fees and surcharges.

B.     Cancellation: Service Fees forservice plans of KyLinMobile Traveler Packages are non-refundable. You may contact KyLinTV customer service phone number listed at the end of this document to cancel the Services at any time. To the greatest extent permitted by law, if you elect to terminate your Service prior to the completion of the Services term, KyLinTV will not pro-rate, nor refund to you the service fees you paid.

C.    Renewal: Subscription Plans to KyLinMobile Traveler Packages does not automatically renew after the initial service period.

 

 

12.  Billing, Cancellation and Renewal for KyLinMobile Home Service

The following policies apply to KyLinMobile Home Packages only. If you are a subscriber of KyLinMobile Traveler Packages, please refer to the policies for KyLinMobile Traveler Packages above in section 11 of this Agreement.

A.    Billing:

i. We will charge your payment method in advance for monthly service fee or the monthly fee of 24 months plan of the KyLinMobile Home Packages (collectively, “Monthly Plan”), associated taxes and surcharges. We will charge you in arrears on a monthly basis for any usage and calls not covered by your plan, and immediately on cancellation for any accrued and unbilled amounts, late fee or Early Termination Fees (including taxes), if applicable, that are due.

ii. If you subscribe to a prepaid annual plan of KyLinMobile Home Package(s), we will bill you in advance for the service plan fee due for the entire year, plus any associated taxes, fees and surcharges. We will charge you in arrears on a monthly basis for usage and calls not covered by your plan, and immediately on termination for any unbilled amounts and, if applicable.

iii. KyLinTV reserves the right to charge your payment method at any time during a service month if your usage charge exceeds $24.00 dollars. Billing for monthly service fees, deposits and other applicable charges commences upon purchase of Services, and the first month's monthly service fees will be prorated to take into for account any partial month of Services.

B.     Cancellation: you may cancel your subscription to service plan(s) of KyLinMobile Home Packages by calling our Customer Service Department via telephone.

i. Please note that simply discontinuing the use of the Service or sending us cancellation request via email will not cancel your Services and you will remain responsible for all costs and fees associated with your account, including but not limited to, monthly recurring fees for your service plan.

ii. If you attempt to cancel your subscription to service plan(s) of KyLinMobile Home Packages before the end of your current Service Term, you will be responsible for all the charges for your current term, including unbilled charges, plus an Early Termination Fee as provided in Exhibit 1. Cancellation is effective on the 1st day of your next billing cycle. Annual prepaid plan charges are not subject to refund. Charges for any overages, and out-of-plan local and international calls or any other features and Services outside your rate plan are separately billed and charged to your selected payment method after cancellation.  For avoidance of doubt, if you subscribed the Services through a promotion of KyLinMobile, any additional charges associated with the termination set forth in the terms and conditions of the promotion shall also apply.

iii. Renewal:  Your subscription to KyLinMobile Home Packages automatically renews as described below after your current Service Term unless you call us to cancel your Services before the end of your then current Service Term. Monthly plan and 24-month plan automatically renews on a monthly basis after the initial Service Term; prepaid plan automatically renews for the same term you selected at the time of order. 

 

 

13.  KyLin Hotspot:

A.    Hotspot Service Providers

The hotspot service and the Hotspot Equipment (defined in section 13B below) are provided by third party service provider (the “Hotspot Service Provider”). The third party hotspot services or equipment are subject to the third party providers own terms and privacy policy that you will have to accept upon installation and/or use. Here are the links to the third party Terms of Services for services in China: http://st.51buy.com/help/heyueji-07.html; and for services in the rest of the world:

 http://www.skyroam.com/Learn_about_Skyroams_Terms. You should review such terms and conditions before making any purchase or using any third party hotspot products or services and KyLinTV shall not be responsible for your failure to do so. While KyLinTV takes no responsibility for such products or services, if you encounter any problems with payment for, or use of installation of such products or services, KyLinTV will use commercially reasonable endeavors to assist or resolve the problems for you.

B.     Hotspot Equipment

(i)     To receive the hotspot services from Hotspot Service Provider, you must use the hotspot equipment which constitutes primarily by, but not limited to, Hotspot device, user guide, cable, battery (the “Hotspot Equipment”).

(ii)   Equipment Lease and Equipment Deposit: To make you access the hotspot easier, KyLinTV provides you with the option to lease one Hotspot Equipment per KyLinMobile account by paying a one-time Equipment deposit listed in Exhibit 1 (the “Equipment Deposit”). KyLinTV will automatically charge your designated credit card for the applicable Equipment Deposit at the time the order is received.

(iii)  KyLinTV Property; Return of Leased Equipment:  All Leased Equipment remains the property of KyLinTV. Upon the expiration or cancellation of the Services, you must return all Leased Equipment to KyLinTV’s designated return address at your own expense. Leased Equipment must be returned in good working order, normal wear and tear excepted.  If we haven’t received your Leased Equipment within ten (10) days of termination/expiration of the Services you purchased, you will be subject to a late return fee (“Late Return Fee”) of eight US dollars and ninety-nine cents (US$9.99) per day (up to five (5) calendar days, i.e. until the 15th day of cancellation/expiration of the Services) for each of the day you delayed to return the Leased Equipment. You acknowledge and agree that KyLinTV may deduct the Late Return Fee from the Equipment Deposit. If we haven’t received your Leased Equipment within fifteen (15) calendar days of termination/expiration of the Services you purchased, or if the Leased Equipment is returned in damaged condition, we will forfeit the original amount of Equipment Deposit you have with KyLinTV for the Leased Equipment. If any part of the Leased Equipment is damaged or loss, you will be subject to the Replacement Charge specified in Exhibit 1 and you agree that KyLinTV may deduct the applicable Replacement Charge from the Equipment Deposit. 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 Leased Equipment. You agree to pay such charges whether the Leased Equipment is lost (through theft or otherwise) or destroyed (through accident, act of God or otherwise).

(iv)  Care of KyLinTV Property:  You agree that neither you nor any other person will open, tamper with, service or make any alterations to any Leased Equipment. Any alteration, tampering, etc., or the use of Leased Equipment which permits the receipt of hotspot services without authorization 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 Leased 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.

 

14.   Your Contents:

KyLinMobile’s text message function allows you to store or share your content (“Your Content”) or receive material from others. We don’t claim ownership of Your Content. Your Content remains Your Content and you are responsible for it.

a. You represent and warrant that for the duration of Service period, you have (and will have) all the rights necessary for Your Content that is uploaded, stored or shared on or through the Services and that the collection, use, and retention of Your Content will not violate any law or rights of others. KyLinTV cannot be held responsible for Your Content or the material others upload, store or share using the Services.

b. To the extent necessary to provide the Services to you and others, you grant to KyLinTV a worldwide and royalty-free intellectual property license to make copies of, retain, transmit, reformat, display, and distribute via communication tools Your Content on the Services.

 

15.  Cancelation by KyLinTV:

A.    Cancellation by us with a cause: If we disconnect your Service for any of the following reasons, you will be responsible for all charges through the end of your current Service Term, including any disconnection charges and any loss/damages incurred to KyLinTV: Violation of Fair Usage Policy (Section 16), late payment or Non-payment (Section 10C) and Violation of laws of jurisdictions.

B.     Cancellation by us without a cause: If we discontinue Services generally, you will only be responsible for the charges that have accrued through the date of the disconnection, including a pro-rated portion of the final Service Term charges.

 

16.  Fair Usage Policy:

A.    KyLinMobile’s fair usage policy is designed to prevent fraud and abuse of our products and Services. KyLinMobile Services are for residential purposes only. Each of the following is considered to be outside of normal residential use and shall be prohibited:

(i)      business use of any type, including home office businesses;

(ii)     operating a customer care, support or call center;

(iii)    Re-selling the Service minutes to others;

(iv)    Sharing Service minutes between you and people outside of your household whether via a PBX, call center, computer or any other means;

(v)     auto-dialing or fax/voice blasts;

(vi)    telemarketing;

(vii)   all other non-residential uses.

B.     Spamming and Illegal Activities:

You must use the Software in accordance with laws of where you are located. It is your responsibility to ensure that you are legally allowed to use the Software. You agree to be solely responsible for the Your Content transmitted through the Software. You agree not to use the Software for illegal purposes or in association with the transmission of material or Your Content that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, contains viruses, or that infringes or may infringe the intellectual property or other rights of another. Distributions of unsolicited voicemail, broadcast advertisements through the Service are prohibited. You shall not use the Service to send or transmit any unsolicited communications or advertisements.

C. KyLinTV reserves the right to immediately suspend or terminate the Service provided to you if KyLinTV believes in its sole discretion that you have used the Service for any illegal or unauthorized activity or have breached any terms under this section 16. At KyLinTV option and without further notice, KyLinTV may use various technologies, such as filters, that may terminate such unsolicited advertisements without delivering them. You hereby release and agree to hold harmless KyLinTV from and against any damages or liabilities of any kind related to any voicemail, voice broadcast, content or solicitations that you may send and/or receive using the Service. 

D. Our Fair Usage Policy restricts calls to a maximum of ninety (90) minutes periods.  Once a call has reached ninety (90) minutes, it will be automatically disconnected. However, you’ll be able to dial the same number again straight away.

 

17.  Proprietary Rights

A. The Software contain proprietary and confidential information that is protected by intellectual property laws and treaties.

B. KyLinTV and/or its licensor retain exclusive ownership of the Software, the KyLinMobile website and all intellectual property therein (whether or not registered and anywhere in the world). You shall not take any action to jeopardize, limit or interfere with KyLinTV’s Software.

 

18.  Limitation on Warranties, Remedies and Liability.

A.    No Warranties on Service or Software.

You agree that our Service are provided “as is”. We make no warranties, express or implied, including but not limited to, any implied warranties of merchantability or fitness of the Service, title or non-infringement or any warranty arising by usage of trade, course of dealing or course of performance. In addition, we do not warrant that the Service or Software will be without failure, delay, interruption, error, omission, degradation of voice quality, or loss of content, data, or information. Neither KyLinTV nor its officers, directors, employees, affiliates, reseller, supplier or agents will be liable for unauthorized access to our or your transmission facilities or premises or equipment or for unauthorized access to, or alteration, theft, or destruction of, customer's data files, programs, procedures, or information through accident, fraudulent means, devices, or any other method, regardless of whether such damage occurs as a result of KyLinTV’s negligence. The entire risk associated with the use of the Service shall be borne solely by you. Although KyLinTV makes every effort to ensure that voice and data transmissions are secure, KyLinTV makes no guarantees of security. KyLinTV does not warrant the reliability or accuracy of the results obtained by using the Service. KyLinTV does not authorize anyone to make a warranty of any kind on our behalf including, without limitation, KyLinTV’s employees and Resellers and you should not rely on any such statement. This paragraph shall survive termination of this Agreement. As certain jurisdictions do not allow some of the exclusions, disclaimers, or limitations as set forth above in this section, some of these exclusions, disclaimers, or limitations may not apply to you.

B.     Limitation of Liability: In no event will KyLinTV, its parents, subsidiaries, affiliates and their respective members, managers, directors, officers, employees, stockholders, agents and any underlying carrier be liable for any delay or failure to provide Service, at any time or any interruption or degradation of voice quality that is caused by any of third party omission, equipment failure, equipment/software upgrade, Force Majeure, Internet connection outage, power outage, any act or omission by you or any person using our Service or the device provided by you; or any other cause that is beyond our control, including, without limitation, the failure of an incoming or outgoing communication, the inability of communications to be connected or completed, or forwarded.

C.    Disclaimer of Liability for Damages: In no event will KyLinTV, its officers, directors, employees, affiliates or agents be liable for any damages, including but not limited to personal injury, wrongful death, property damage, loss of data, loss of revenue or profits, or damages arising out of or in connection with the use or inability to use the Software or the Service. In no event shall KyLinTV, its parents, subsidiaries, affiliates and their respective members, managers, directors, officers, employees, stockholders, agents be liable to you or any third party for special, indirect, incidental or consequential damages whether arising under contract, warranty, or tort (including negligence or strict liability) or any other theory of liability. These limitations apply whether or not we were informed of the likelihood of any particular type of damages.

D.    Limit on Total Liability:if, notwithstanding the other terms of this Agreement, KyLinTV should have any liability to you or any third party for any loss, harm or damage, you and KyLinTV agree that KyLinTV’s total liability to you for any reason shall be limited and capped in their entirety to the total Service charge KyLinTV charged you for your purchase of Service plan immediately prior to the date that the events giving rise to the action or claim first occurred.

 

19.  Indemnification and Waiver of Claims.

A.    Indemnification: You shall defend, indemnify, and hold harmless KyLinTV, its officers, directors, employees, affiliates and agents, for our Service and Software, from any and all claims, losses, damages, fines, penalties, costs, and expenses (including, without limitation, attorneys’ fees) by, or on behalf of, you or any third party or user of our Service or Software, relating to our Service or Software,.

B.     Content: You are liable for all liability that may arise from the content transmitted to any person, whether or not you authorize it, using your Service or Software. You promise that you comply at all times with all laws, regulations, and written and electronic instructions for using our Service and Software.

 

20.  Customer Property. 

KyLinTV assumes no responsibility for the maintenance or repair of equipment you use, including but not limited to any modem, router, cellular phone, tablets or all other devises using our Service. You shall be responsible for the repair and maintenance of any equipment you use.

 

21.  Customer Privacy.

A.    KyLinTV is committed to respecting your privacy and the confidentiality of your personal information. We will process your personal information, the traffic data and the contents of your communications in accordance of our privacy policy http://www.kylinmobile.com/privacy-policy/

B.     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 usage of the Software and KyLinMobile Service.

C.    You authorize our recording and monitoring of your calls to our customer service phone numbers and you consent to KyLinTV may contact, survey, solicit you from time to time by various means including, without limitation, automated dialing, your account inbox records, internal communication and email.

 

22.  Customer Service. If you experience any technical fault, have any administration question or want to request any change in your KyLinTV account, you may contact us at the contact information set forth in Exhibit 2 hereto. The most updated contact information of KyLinTV is available at

http://www.KyLinTV.com/KyLinTV/page/contact-us.

 

23.  Assignment or Transfer. This Agreement is not assignable or otherwise transferable by you.

 

24.  Breach of Agreement.  KyLinTV, at its option, may suspend or terminate the Service 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) if for reasons outside KyLinTV’s control, KyLinTV cannot continue to provide the Service. 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.

 

25.  Change to Service Plan. Your service plan includes terms and conditions such as daily service allowances, limitations and features, and the associated charges, all as described at www.kylinmobile.com or in other communications and materials made available to you in connection with your order or changes to your Service. You acknowledge that your service plan is also subject to these Terms and Conditions and this Agreement. We may change our business policies, practices and procedures at any time without notice. Unless otherwise prohibited by applicable law, we may also change the terms and conditions of your service plan (such as features and prices) at any time, with or without notice. If we do give you notice, it may be provided on your account web page, in a newsletter, in a mailing, by e-mail, by telephone or other communication permitted under applicable law.

 

26.  Changing the Term of Service: KyLinTV may change the Terms of Service for the Service at any time. We will publish details of all changes online at www.kylinmobile.com/tos.

 

27.  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 Service and Software to you.

 

28.  Force Majeure: Under no circumstances shall KyLinTV be held liable for any delay or failure in performance of the Service or Software or related any other service or products resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of god, war, governmental actions and orders of domestic or foreign courts or tribunals.

 

29.  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 States and the State laws of the State of New York without reference to its principles of conflicts of law. You and KyLinTV agree that, by entering into this agreement, you and KyLinTV are waiving the right to a trial by jury.

 

30.  Waiver of Class Actions.

You and KyLinTV agree that you and KyLinTV may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

 

 


 

 

EXHIBIT 1- Fees

 

In addition to any amounts due for your Services and any other amounts due under this Agreement or any applicable service Plan Agreement, you agree to pay the fees listed in the table below (“Fees”) and tax applicable. KyLinTV may adjust these Fees, or impose additional Fees. You may find the current effective fees information of the Services and calling rate at our official website http://www.KyLinMobile.com.

 

Type of Fee

Amount

Description of When Fee Applies

Equipment Deposit

US$99.00/USD$59.00 if your travel destination is Mainland China

A refundable one-time deposit for the Leased Equipment.

Shipping and Handling Fee

US$15.00/Unit for regular shipping and $25.00/Unit for express shipping (2 Days).

A one-time non-refundable shipping and handling fee applies to customers residing in the United States and Canada when we ship Leased Equipment to you.  

Late Return Fee

US9.99/day

A non-refundable fee applies for each of the day (up to five days) you delay to return the Leased Equipment to us.

Late Fee

$25.00 USD

A Late Fee applies when you do not pay your fee in full on or before its due date

Early Termination Fee

$4.00 USD/month (Max. USD$96.00)

You are subject to a cancellation fee for each remaining month under the contract when you cancel any Monthly Plan of KyLinMobile Home Services before the end of your current Service Term.

Replacement Charges

Hotspot Equipment

US$99.00/unit USD$59 if your travel destination is Mainland China

Charges that would apply to you if the Hotspot Equipment or any of its parts are damaged or lost.

Battery

US$10.00/each

micro USB Cord

US$4.00/each

Package box and/or start guide

US$10.00/unit

 


 

EXHIBIT 2 - Contact Information

For KyLinMobile Traveler Service

Phone number

Email

1-877-888-7329

ussupport@kylinmobile.com

 

For KyLinMobile Home Service

Phone number

Email

1-877-888-8598

support@kylintv.com

 

 

Corporate Address:

U.S. Entity (Headquarter): KyLinTV, Inc.

Address: 110-25 14th Ave, College point,,

New York, 11356,

United States

 

 

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