麒麟電視機頂盒服務條款

 

KyLinTV服務條款協議

(適用于在美國和加拿大經由麒麟電視機頂盒,包括同時經由麒麟電視機頂盒和自有設備提供的服務)

 

1. 本協議:本協議(以下簡稱“本協議”)列明了麒麟電視有限公司(KyLinTV Inc.,以下簡稱“KyLinTV”或者“麒麟電視”)經由機頂盒4.0及以上版本,包括同時使用機頂盒和以下其它設備:智能電視(包括但不限於具有VIERA® Connect的Panasonic®電視)、第三方機頂盒(包括但不限於Google TV™)、個人電腦、iPad®和支持麒麟電視應用程式的其它平板電腦(合稱“自有設備”)在美國和加拿大如何向您提供KyLinTV互聯網協議電視(以下簡稱“IPTV”或者“網路電視”)的播放、視頻點播(“點播”)以及其它與視頻有關的服務(以下簡稱“服務”)。本協議中,“您”指想要使用服務的個人。通過(i)您提交網上訂單;(ii)在註冊的過程中您以電子形式接受《服務條款》;及/或(iii)您在訂單的KyLinTV《服務條款》下簽字,以及(iv)您使用服務,您同意接受本協議及其未來版本的約束。與您的KyLinTV訂購套裝中您所選擇的服務有關的任何具體的條款、條件、說明或者服務限制,應被視為本協議的一部分。

2. 其它版本的《服務條款》:針對各種平臺所提供的服務的最新《服務條款》均可在http://www.kylintv.com/kylintv/page/terms-of-service找到。請根據您的服務,瀏覽相應的《服務條款》。

A.如果您使用自有設備所提供的服務,請參閱適用于自有設備服務的《服務條款》。

B.如果您使用機頂盒3.9及以下版本的服務,請參閱適用于機頂盒3.0版本的服務的《服務條款》。

3. 授權用戶,使用及責任:

A. 您必須年滿18周歲,並具有法定權力才能參與本協議。您確認您所提供的信息是正確和完整的。

B. 您理解KyLinTV將有賴於您所提供的所有信息提供服務,因此您所提供的所有信息必須是真實、準確的。您同意,如果您提供虛假或者不正確的信息,KyLinTV可能會禁用或者終止服務。無論何時,只要您的個人信息或者帳單信息(包括,但不限於您的姓名、電子郵寄地址、位址/住址、電話號碼、以及信用卡號碼及到期日)變更,您應當立即通知KyLinTV。

C. 您同意,服務僅供您個人使用,您須按照所適用的法律、法規使用本服務。您理解,將KyLinTV的服務和相關設備用於任何商業目的都是禁止的。

D. 任何在您的帳戶下或者經由您的註冊設備使用服務的一方將被KyLinTV視為經過您所授權而使用(除非有相反證據),對此您予以接受,因此您需要支付該使用所產生的所有收費。

4. 期限:本協議自您在註冊過程中以電子或其它形式接受本協議時起生效,並應一直有效,直至任何一方根據本協議取消或者終止時止。

5. 費用的支付:

A. 您可以在我們的官網http://www.kylintv.com找到針對KyLinTV套裝的最新的和有效的訂購費用信息。根據本協議,從麒麟電視處購買貨物和/或服務的支付處理服務將根據您購買貨物和/或服務時使用的付款方式來決定由麒麟電視歐洲有限公司(該企業為麒麟電視的全資子公司)或由麒麟電視直接提供。倘若你選擇用信用卡支付且支付將通過歐洲方處理,這些條款是您和麒麟電視歐洲有限公司之間的協議。對於任何其他類型的購買,這些條款是您和麒麟電視之間的協議,您購買的商品和/或服務將由麒麟電視直接提供。

B. 您同意支付設備服務的所有費用,包括滯納金。支付方法為本協議列明的方式或者我們雙方另行約定的方式。

C. 您同意,在初始簽約時向KyLinTV提供一個有效的付款方式(包括但不限於信用卡),以支付您所訂購的服務,並同意在您訂購期間保持該付款方式一直有效,除非我們雙方另行約定付款方式。如果從您所指定的付款方式收取款項時,因任何原因(信用卡到期或餘額不足等)被拒絕,KyLinTV將有權無需通知即可立即暫停服務及/或鎖定您的帳戶。您必須自行聯絡麒麟電視客戶服務部門討論重新激活。

D. 收費:您同意支付為收看麒麟電視服務而產生的任何費用,包括所有的稅收和服務費、其它現在或將來因使用我們提供的任何服務而產生的收費以及任何應收或到期未支付的費用。您授權KyLinTV從您指定的付款方式自動收取下列費用(包括相應稅款)

i. 訂購基本頻道套裝基本頻道套裝的月度訂購僅適用于多月訂購預付費計畫到期之後)、加選套裝以及沒有合約期限限制的點播套裝月度計畫(合稱“月度訂購”),KyLinTV會在相應的月度訂購的每個計費週期開始時提前向您收取月度訂購的費用及相應的稅款。如果您的訂購按照第9項的規定自動續約,您授權KyLinTV從您指定的付款方式自動收取所有費用 。

ii .訂購基本頻道套裝24個月固定期限計畫(下稱“多月訂購”)的,會在每個計費週期開始時提前向您收取該月的多月訂購套裝費用及相應的稅款。對於新的多月訂購的收費將會在KyLinTV收到並且處理您的新訂單後最多五(5)天開始計算。您的計費週期將在每個月的收費起始日開始。您必須完成所訂購的基本頻道套裝的固定承諾期限;否則,將產生提前終止費(如第12項所列)。如果您的訂購按照第9項的規定自動續約,您授權KyLinTV從您指定的付款方式自動收取所有費用。

iii. 訂購任何要求提前支付全部訂購費用的基本頻道套裝、加選套裝、點播套裝或者促銷計畫預付費計畫(合稱“預付費訂購”)的,會在KyLinTV收到訂單時向您預收整個強制訂購期間的訂購費用及相應的稅款。但是,計費開始日將在KyLinTV收到並且處理了您的新訂單後最多五(5)天開始計算。KyLinTV將向您提供約定期限的連續月份的服務,您的預付費訂購收費起始日開始。如果您的訂購按照第9項的規定自動續約,您同意KyLinTV可以從您指定的付款方式自動收取所有費用。

iv.其它費用:

(a) 視頻點播使用費:視頻點播使用費將在您點擊的節目信息屏幕上列出。在同一計費周期內,每部片子僅收一次費用。如果您是月度訂購或者多月訂購的客戶,除了每月的訂購費用外,會根據您的實際使用或者選購向您收取上一個計費周期每月的點播收視費(如有)。如果您是預付費計劃的客戶,除了初始的預付訂購費外,會向您收取前一個計費周期每月所下點播訂單的相應點播費及相應稅款。為澄清起見,對同一帳戶通過所有麒麟電視機頂盒和自有設備服務所使用的點播收費將合併列在您的月度帳單明細中。如果您訂購了預付費點播套裝計劃,本條不適用。

(b) 運輸及手續費,以及相應的服務費:運輸和手續費及相應服務費等會在您的訂單中詳列。KyLinTV將收取您或者在訂購訂單的過程中或者在使用KyLinTV服務的過程中已經預先批准的運輸、手續費以及其它相應服務費和相應稅款。您承認並同意,所有的運輸、手續費以及其它相應服務的服務費均不退還。

(c) 設備費及設備押金:如第6B和6C所列。

(d) 滯納金:如第8項所列。

(e) 暫停費:如第11項所列。

(f) 取消費:如第12項所列。

(g) 未能歸還租賃設備的任何額外費用:如第6D項所列。

v. 某些費用和收費將在某種特定狀況下向您收取,請參閱附录一中所列明的部分。
E. 收費爭議:通過登陸您在網上的KyLinTV帳戶,可以看到您的KyLinTV服務每月帳單的明細。如果在該明細中對任何項目有爭議,您應當在通知您可以查看帳單明細後的30天內或者法律允許的最多天數內,通知KyLinTV您對該項目有爭議。如您未能及時通知我們您對該項目存在爭議,將視為您接受了相應的帳單。計費帳單明細中無爭議部分必須在下個計費帳單發出前支付;否則,您同意支付第8項所描述的滯納金。爭議可以按照本文件結尾的附录二中的聯絡方式致電或者發送電子郵件到KyLinTV進行提交。請保留您提交爭議請求的證據。

F. 您同意,KyLinTV不對因KyLinTV收費所產生的任何其它費用或支出(例如,帳戶透支、超出信用卡限額等)負責。

G.您重申:每次您使用KyLinTV服務,您重申(i)KyLinTV獲得授權從您的指定付款方式進行收費;(ii)KyLinTV可以就您帳戶因付款產生的收費提交收費;以及(iii)您會對所產生的該等收費負責,即使您的訂購已被取消或者終止。

6. 設備:您可以經由以下設備來接收我們的服務:(i)自有設備:智能電視(包括但不限於具有VIERA® Connect的Panasonic®電視)、安裝有KyLinTV應用程式的第三方機頂盒(包括但不限於Google TV™)、個人電腦、iPad®和支持麒麟電視應用程序的其它平板電腦;或(ii)KyLinTV機頂盒。您可以購買或者租賃我們的機頂盒,包括但不限於網線、音頻視頻線、寬頻放大器、機頂盒/接收器和遙控器(合稱“設備”)。特此澄清,KyLinTV的無線網卡不是設備的一部分,需要單獨購買。

A. 自有設備:如果您選擇使用自有設備,您的設備必須安裝KyLinTV的應用程式,該應用程式可能已經安裝于您的相關設備中,或者您可以自行下載。您瞭解,在同一帳戶下,相同的時間裡只能有一臺自有設備可以登錄並接收到我們的服務。

B. 購買的設備:如果您購買KyLinTV的機頂盒(“購買的設備”),您同意支付附錄一中列出的設備的市場價格以及您購買每一台設備所適用的任何銷售、使用及其它稅款。

C. 租賃的設備:如果您向KyLinTV租賃機頂盒(“租賃的設備”),您同意支付附錄一中列出的為每一台您租賃的設備所收取的一次性可退還押金(“設備押金”)。另外KyLinTV將按月收取設備接通費(在附錄一中列明)以及相應的稅款。KyLinTV將在收到訂單時向您的帳戶收取相應的設備押金

D. KyLinTV的財產;租賃的設備的歸還:所有的租賃的設備均為KyLinTV的財產。服務一經終止或者取消或者一經收到KyLinTV取消額外設備(如第6E項所做定義)授權的通知起十(10)個工作日內,您必須自費將所有租賃的設備直接歸還到KyLinTV的指定位址。如果租賃的設備按時歸還並且運行狀況良好,KyLinTV將向您指定的信用卡帳戶或者其它付款方式退還您當初所支付的設備押金。在歸還租赁的設備時,您需要保留您所使用的郵遞服務公司所提供的郵寄查詢號碼(比如FedEx查詢號碼)作為您遵守租賃的設備返還義務的證據。您同意承擔KyLinTV確保租賃的設備歸還所產生的任何額外費用。如果在您訂購結束後未能及時歸還租賃的設備,包括不論其是丟失(由於失竊或其它原因)或損毀(由於事故、不可抗力或其它原因),將導致(對於每一台未歸返還的租賃的設備):(i)沒收相應的設備押金,(ii)收取屆時其市場價格與您當初所支付的設備押金之間的差額,以及(iii)KyLinTV將啟動第8項所列明的收賬程式並收取滯納金

E. 額外設備: 您可以在您的帳戶下要求不多於三個的額外的機頂盒(“額外設備”)。每台額外設備都將獲得授權接收與您初始設備同樣的服務。您瞭解您初始設備和額外設備必須連接在同一個賬戶上登記的地址,並連接在同一個網絡調製解調器上。在上述條件以外之使用將視為濫用,KyLinTV將有權無需通知即可立即暫停服務及/或鎖定您的賬戶。除非您接收服務及/或設備所依據的促銷所適用的條款(如有的話)另行約定,否則KyLinTV將按照第6C項的規定針對每一台額外設備向您收取對應的設備押金(假如您是租賃設備)或按照第6B項對每一台額外設備按市場價格向您收取相應的費用(假如您是購買設備)。無論您是月度訂購多月訂購還是預付費訂購,如果您選擇租賃設備,除了初始設備必須支付的服務費外,您也必須對您帳戶下激活的每一額外租賃的設備按月支付附錄一中列出的設備租賃費。通過您所訂購的所有設備的視頻點播使用費將會合並列在您的月度帳單明細中。如果您取消額外的租賃設備,您必須在收到KyLinTV確認通知後的10個工作日內退回被取消的額外設備

F. KyLinTV財產的保管:您同意無論是您還是任何其它人(KyLinTV授權人員除外)均不得從初始安裝端打開、篡改、服務、修理、維護、改裝或者拆除任何設備應用程式的任何部分。任何變動、改裝、拆除等等,或者是對設備應用程式的使用而導致未經授權允許的接收服務,或者允許未經授權的端口接收服務,或在未經授權的地點接收服務,均被KyLinTV視為對服務的盜竊並為KyLinTV所禁止。在本協議期間,不允許對租賃的設備設置第三方留置權。

G. 您同意,您不得試圖對KyLinTV所提供的任何設備應用程式內所包含的任何軟體或硬體進行反向工程、編譯或者分解。這些行為是嚴格禁止的,並可能導致本協議的終止、中斷對您的服務、及/或法律訴訟。

7. 跨平臺登錄:只要您在KyLinTV設備、智能電視或第三方機頂盒上訂購任何基本頻道套裝,您將可以在自有設備(包括但不限於智能電視、第三方機頂盒、個人電腦、iPad®和支持麒麟電視應用程式的其它平板電腦)上收到免費的同樣套裝的服務。您瞭解,在同一帳戶下,相同的時間裡只能有一臺自有設備可以登錄並接收到我們的服務。通過您所訂購的所有設備的視頻點播使用費將會合並列在您的月度帳單明細中。如果您想在多個自有設備/設備上同時接收我們的服務,您必須註冊不同的帳號並為每一臺自有設備/設備訂購單獨的套裝。

8. 滯納金:如果您逾期付款,KyLinTV將向您發電子郵件提醒或者致電給您,並可以暫停您的服務。在您全額支付KyLinTV所要求的費用後,服務可以恢復。如果您自帳單應付之日起逾期付款達到一個月,或者沒有支付在第5D項中所列明的款項,KyLinTV將啟動催款程式並會向您收取附錄一中列出的滯納金。假如我們聘請律師或催款機構向您收取您欠付的款項或爭取我們對您的其它權利,您同意支付合理的催款或其它行動的花費。這些花費包括但不限於催款機構收取的費用,合理的律師費和出庭費。您同意一旦您所訂購的任何服務或者上述任何收費出現逾期付款或者未付款,KyLinTV可以自行決定向信用評審機構報告部門報告該等逾期付款或未付款。

9. 續約: 您可以按照本協議第10項的規定變更訂購,或者按照第12項的規定取消服務。如果您不選擇這兩項中任何一項,您的月度訂購將于每個月按照相同套裝屆時實行的訂購費自動續約;多月訂購在強制訂購合約期完成後,將按同樣的頻道套裝屆時的月度訂購費自動按月續約;預付費訂購(包括基本頻道套裝)在強制訂購合約期完成後,將按同樣的套裝和屆時的訂購費自動續約一年(“續約訂購”)。訂購費將按照第5(D)項的規定收取。

10. 訂購計畫的變更:
A.月度訂購變更為預付費訂購多月訂購:

i. 您可以隨時提出請求月度訂購變更為預付費訂購多月訂購。請求將在下個工作日結束前或者在預付費訂購開始日前辦理。對於不滿一個月的,KyLinTV將按使用天數比例退還已收取的當月原頻道套裝訂購費,新的預付費訂購費將按照第5(D)(iii)項的規定向您指定的付款方式收費,對於多月訂購費,將按照第5(D)(ii)項的規定向您指定的付款方式收費。

B. 除非在促銷計畫的條款和限制中另行約定,否則,預付費訂購變更到月度訂購多月訂購或一個不同頻道套裝的預付費訂購,需要您至少在現有的預付費訂購期滿前30天通知KyLinTV在現有的預付費訂購期滿時,將會按照第5(D)項的規定向您收取頻道套裝的新的預付費訂購月度訂購多月訂購的訂購費。

C. 除非在促銷計畫的條款中另行約定,否則,在強制承諾合約期限完成前,基本不允許多月訂購變更到預付費訂購或者月度訂購但是,您可以從多月訂購合約期的第13個月從多月訂購升級到預付費訂購。您的請求將在下個工作日結束時或者在預付費訂購開始日前處理,您必須立刻支付對您新套裝的收費。

11. 暫停服務:

您可以請求在一年中對您的服務暫停最長六(6)個連續的整月。暫停服務收費(暫停費)可參閱附錄一。在12個月的期間內,暫停的最短期間為一(1)個月,最長為六(6)個月。在提出請求時,您必須指明暫停服務的起始日期和暫停服務的月份數(須整月預設)。在您提出請求時,將按照您請求的月份數向您提前收取一個一次性的、不退還的暫停費服務將在您指定的日期停止,並將在暫停結束時自動啟動。為澄清起見,暫停的期間不算作在訂購期間的一部分。
A.月度訂購和多月訂購,對於暫停開始日後開始的下一個計費週期,對請求暫停的期間,除了月度暫停費外,您不用支付月度訂購費,但是在暫停開始日起的下一個計費週期,會收取前一個計費週期所收看視頻點播的收視費。
B.對於預付費訂購,您同意暫停會延長相對應的訂購期限。如果您訂購基本頻道套裝,在暫停開始日後的下一個計費週期,會收取前一個計費週期所收看視頻點播的收視費。

12. 取消:您可以隨時撥打附錄二所列的本地電話通知我們取消服务。取消將在下個計費週期的第一天生效。一旦您的帳戶被取消,服務終止前所收看的所有點播電影和電視劇的收費將會立即到期並將從您指定的付款方式收取。假如您訂購的是KyLinTV的促銷計畫,促銷計畫的條款和限制中與終止合約有關的額外費用將被收取。

A. 月度訂購可以隨時取消。

B. 多月訂購:如果您在強制承諾合約期完結之前終止服務,將向您收取附錄一所列的合約剩餘月份的提前終止費。

C. 預付費訂購:如果您在合約強制訂購期完結之前終止服務,KyLinTV將不會退還您已支付的預付費訂購的費用,也不會按比例退還預付費用。

13. 服務的中斷:您同意,KyLinTV決不會對於部分或者全部超出KyLinTV合理控制範圍所產生的節目傳輸、服務故障或者中斷承擔責任。根據所適用的法律,對於符合法律規定的中斷將給予補償。在任何情況下,如果有一個已知的節目或者服務中斷持續超過24小時(或者根據州法律超過更少的時間),您應當將該等故障或中斷立即通知KyLinTV,KyLinTV可以按照該等故障或中斷與訂購期限的相關比例給予補償,或者KyLinTV亦可自行選擇,在任何節目中斷期間提供一個替代節目,而不提供補償。您同意KyLinTV不會對任何偶然或者結果性的損害承擔責任。

14. 租賃設備的修理: 只要不是由於您的誤用或者其它不恰當操作和處理所致,KyLinTV將會維修及/或更換有缺陷的租賃的設備。如果是由於您的不當使用或者誤用/濫用導致設備的損壞,或者KyLinTV並未發現系統或者設備有任何問題,將可能向您收取服務費。而且,對於任何丟失、被竊、或者損壞的KyLinTV租賃的設備的修理或者更換,我們將會向您收取設備費。對於KyLinTV所提供的KyLinTV租賃的設備或者服務,KyLinTV不對其與任何用戶自有設備的兼容性提供保證。在法律允許的最大限度內,KYLINTV明確表示,不提供並排除其它保證、條款或條件,不論是明示還是默示的,不論是事實上的還是通過法律的實施進行的,也不論是法定的還是其它的。

15. KyLinTV對於購買的設備的保證
A. KyLinTV向您保證,購買的設備在正常使用和服務下,自您購買之日起一年內,在做工和材料方面沒有缺陷。您同意,KyLinTV在本明示保證項下的唯一責任應為:由KyLinTV自行決定並自擔有關費用,修理有缺陷的購買的設備或其部分零件,或者提供給您一個同等的設備或部分零件,以替換有缺陷的設備或部分零件,如果前述兩種選擇均無法合理提供,KyLinTV可以自行決定,退還您為有缺陷的購買的設備所支付的購買價款。被替換的購買的設備或者部分零件將成為KyLinTV的財產。替換的購買的設備或者部分零件可能是新的或者翻新的。KyLinTV保證任何替換的或者維修的購買的設備或部分零件將在正常使用和服務下,自運輸日起九十(90)天內或者在最初的保修期限的剩餘期限內,以兩者中的期限長者為准,在做工和材料方面沒有缺陷。
B.
您必須立即通知針對KyLinTV購買的設備運行不良所提起的保修申請,以獲得一個“退還設備授權”號碼和退貨郵寄資料。一旦收到並且證實設備運行不良,KyLinTV將把修理或更換的購買的設備寄送給您。
C. 如果檢測顯示,您所聲稱的購買的設備的缺陷或者故障不存在,或者是產生于您(i)未能遵守KyLinTV的安裝、操作或者維修說明;(ii)未經授權的更改或者變動;(iii)您自己或者在您控制下,因人為的濫用、誤用、過失或者疏忽行為;或者第三方的行為、不可抗力、意外事故、火災、閃電、電湧或者停電,或者其它災害所引起,KyLinTV不承擔此有限保證責任。
D.您承認並同意,如果購買的設備沒有如上述保證那樣運行,對於違反該保證,您的唯一救濟,應為由KYLINTV自行決定修理、更換或者退還所支付的價款。 在法律允許的最大限度內,前述保證和救濟是排他的、並替代所有其它保證、條款或條件,無論其為明示的還是默示的,也不論其為事實上的還是通過法律的實施進行的,也無論是法定的還是其它的,包括適銷性、適合某一目的、令人滿意的品質、符合描述以及不侵權的保證、條款或條件,所有這些都明確聲明免責。KYLINTV既不承擔也不授權任何其他人替它承擔與其產品的銷售、安裝、維護或使用有關的任何其它責任。

16. 通訊費:為了從KyLinTV接收服務,您同意,對於獲得並維護使用KyLinTV服務所需要的所有設備和服務,您須自行負責並承擔費用。您同意承擔通過第三方網路,比如寬頻、無線運營商或者您的網路服務提供商使用KyLinTV服務所產生的任何通訊費用。

17. 您的財產:對於您所使用的設備,包括但不限於任何電視機、個人電腦、第三方机顶盒设备、iPad®平板电脑设备、其它平板电脑设备、錄影機或其它視頻設備、遙控器、無限網卡以及立體聲或其它音響設備的維護或修理,KyLinTV不承擔責任。您應當自行負責您所使用的任何設備的修理和維護。

18. 進入您的處所:當您提出上門技術支持(如果適用)時,您同意並允許KyLinTV的代表可以在合理情況下進入您所指定的地方,對設備進行安裝、搬移、修理、檢查以及維護。必要時,您還必須在KyLinTV的上門技術支持前,為預計的安裝工作獲得第三方(比如,房東)的許可。

19. 您的隱私

A. 為了進行帳戶管理、結算、客戶支持和服務管理,KyLinTV將保留您的身份信息。您同意,KyLinTV可以為了改進服務品質,對與您收看和使用KyLinTV的服務有關的信息進行匿名的和非個人用途的信息集成。

B. 您同意,為了追蹤記錄和提高客戶服務,KyLinTV可以記錄您與KyLinTV電話呼叫中心代表的談話內容。

20. 節目的複製:您同意,除非按照適用法律的規定進行,否則KyLinTV所提供的節目將僅供您個人而非商業使用,並不得複製。如果我們有理由認為您濫用了服務,我們可以立即採取行動切斷提供給您的服務,或者終止您與我們的協議,而不限制我們在本協議和適用法律項下所享受的權利或救濟,而且KyLinTV保留針對您違反被覆制節目版權條款的行為,提起法律訴訟的權利,或者告知版權人這一侵權的權利。

21. KyLinTV的權利:
A. KyLinTV沒有義務監控您通過訪問KyLinTV傳輸平臺可以接收到的內容或服務。然而,您承認並同意,為妥善管理我們的節目,或為保護本公司及/或其客戶,KyLinTV有權隨時監控內容,並披露滿足任何法律或法規所必需的任何信息。

B. KyLinTV有權自行決定,何者構成對KyLinTV服務的“濫用”或“商業使用”。

22. 客戶服務:如果您碰到任何技術故障、任何問題,或者想要請求對您的KyLinTV帳戶作任何變更,您可以通過附錄二的方式聯絡我們。附錄二上的聯絡方式可能會發生變更,我們會在www.kylintv.com/kylintv/page/contact-us公佈最新的聯繫方式。

23. 轉讓:您不得對本協議租賃的設備進行轉讓或者以其它方式進行轉移。

24. 違約:如果(i)您違反了本協議的任何條款或條件,或者在您提供給我們的信息中做出了實質性的失實陳述;(ii)在允許的時間內,未能支付到期的服務費;(iii)如果由於非超出KyLinTV控制之外的原因,KyLinTV無法繼續提供服務;或者(iv)如果您參與對任何服務內容的非法複製或侵權;KyLinTV可以不經通知自行中斷或者終止服務並取回租賃的設備(如果適用)。如KyLinTV未收回該租賃的設備,不應被視為放棄該設備。一旦KyLinTV認為有必要保留及保護其在本協議項下的權利,您同意支付合理的法律和律師費用給KyLinTV。

25. 節目:所有的節目、節目服務、節目套裝、頻道數量、頻道配置和播放的頻道都由KyLinTV自行決定,並且會在遵守所適用的法律的情況下隨時進行變更。您可以在http://www.kylintv.com找到有關訂購套裝和頻道的最新版本的信息。

26. 變更《服務條款》:KyLinTV可以隨時更新《服務條款》。我們會在http://www.kylintv.com/kylintv/page/terms-of-service公佈最新的《服務條款》。

27. 免責聲明:

A. 對於通過系統傳輸給您的任何節目或者信息,KyLinTV無須承擔任何責任,除非該節目或者信息是由KyLinTV在其所在地製作的。同時,KyLinTV對於在系統上促銷、購買或者獲得的任何產品、商品或者獎品,不承擔責任,除非該等產品、商品或者獎品是由KyLinTV直接提供的。

B. 在“免費互聯網視頻”部分所展示的內容(“免費互聯網內容”)是由第三方網站在公共互聯網上免費提供的。通過點擊“免費互聯網視頻”部分所顯示的“繼續”按鈕,您會被轉接到與KyLinTV無關的第三方網站所提供的免費互聯網內容服務。免費互聯網內容的速度和畫質取決於第三方服務以及您的互聯網服務提供商所允許的互聯網速度。KyLinTV不保證任何免費互聯網內容的服務和品質。KyLinTV對第三方網站的任何產品或信息均不承擔責任,KyLinTV也不對第三方網站上的任何服務或內容承擔責任。第三方網站可能會有與KyLinTV不同的隱私政策,並可能提供更少的安全性;欲獲知進一步的信息,請參考第三方網站的隱私政策。

C.自動適配頻寬技術:在默認情況下,KyLinTV使用自動適配頻寬技術,該技術將基於所檢測到的您的互聯網速度,自動適配最佳畫質。如果您的互聯網服務提供商在數據流量限額之上額外收費的話,您應當通過進入您帳戶上的“設置”部分手動調整網路碼流。欲瞭解更多信息,請通過附錄二的方式聯絡我們。

28. 責任的限額:KyLinTV的宗旨是提供持續的高品質服務,但是KyLinTV並不保證服務將在特定速度下運行,不受干擾,或者不發生錯誤。服務可能會因地點、線路質量、內部/室內佈線、互聯網流量以及超出KyLinTV控制的因素而有所不同。在法律允許的最大限度內,KyLinTV(或其負責人、雇員、母公司、子公司或關聯公司)、其第三方許可人、供貨商或供應商,在任何情況下,均不會對(i)任何間接的、特別的、結果性的或附隨性損害賠償請求,包括但不限於出於使用、部分使用或者不能使用服務所產生的利潤損失或收入損失或者數據損害,不論索賠的種類或者原因,包括但不限於那些產生于合同、侵權、疏忽或者嚴格責任的索賠或者訴因,即使KyLinTV已經被告知可能出現此類損害賠償責任的可能性,或者(ii)任何其它方對您提出的任何索賠,承擔責任。

29. 不可分割:如果本協議的任何部分、條款或者約定被法院發現違法或無法執行,本協議的其餘部分應對KyLinTV向您提供服務繼續進行管轄。

30. KyLinTV《服務條款》協議的中文譯文僅供參考。若中文翻譯與《服務條款》協議英文版存在內容衝突,應以英文為准。

31. 法律的選擇:您和KyLinTV均同意,本協議以及其補充、修改、附件及任何其它變更,以及在您和KyLinTV之間所創設的關係,應按照美國聯邦法律以及美國紐約州法律解釋,受其約束,據其執行,而無需參照其衝突規範。

 

 

附錄一:收費

 

除了服務費和按照本協議或其他任何適用的 KyLinTV套裝協議收取的費用外,您同意支付下表中列出的款項 (收費) 和相應的稅款。KyLinTV可能對相關的收費做適時的調整,或者增加其他種類的收費。 您可以在我們的官方網站 www.kylintv.com 上取得我們現行有效的套裝訂購收費信息。假如您在促銷期間訂購 KyLinTV服務,某些收費項目可能會有一定的折扣。

 

收費種類

金額

費用描述

暫停費

$5 美金 / 月

您選擇暫停服務時,需每月支付暫停費

提前終止費

$12 美金 / 月

提前終止費將按您合約剩餘期限來計算, 每個合約未完成月將收取12美元提前終止費

設備收費

$99 美金

設備的市場價格

設備押金

$50 美金

一次性收取的可退還的押金

設備租賃費

$5 美金 / 月

您必須每月為每個租賃的設備付相對的租賃費

滯納金

$25  

若您在賬戶收費到期日前未能付清賬戶欠款,將被收取滯納金

 

附錄二:聯絡方式

 

地區

聯繫電話

電子郵件

美國/加拿大

1(877)888-8598

info@kylintv.com



詞彙表

 

基本頻道套裝”應指只有訂購了該套裝後,才可以訂購加選套裝服務和點播服務的頻道套裝。它包括麒麟頻道套裝、臺灣頻道套裝、長城平臺套裝、麒麟+臺灣頻道套裝、麒麟+長城平臺套裝、全景中國套裝和麒麟超級套裝。

 

加選套裝”應指加選頻道套裝,該套裝只有在訂購了一個基本頻道套裝(不包括點播套裝)的情況下才可以訂購。它包括但不限於鳳凰電視套裝、東森美洲套裝、宗教頻道加選和STAR TV套裝。

 

點播套裝”應指視頻點播套裝,該點播套裝僅在訂購了一個基本頻道套裝後,才可訂購。包括但不限於兒童天地點播套裝、影視點播精選套裝和全景中國點播套裝。

 

促銷計畫”應指在特定有限的期間向用戶提供的特別套裝。它有嚴格的資格規定並設置有承諾最短訂購期,是對符合資格的用戶提供優惠的促銷活動。

 

Google TV™是Google Inc.的注冊商標。

iPad®是Apple Inc.的注冊商標。

Panasonic®和VIERA®是Panasonic Corporation的注冊商標。

 

 

 

 

 

麒麟電視自有設備服務條款

 

KyLinTV服務條款協議

(適用於在美國和加拿大經由自有設備提供的服務)

 

1. 本協議本協議(以下簡稱“本協議”)列明了麒麟電視有限公司( KyLinTV Inc.,以下簡稱“KyLinTV”或者“麒麟電視”)經由智能電視(包括但不限於具有VIERA® Connect的Panasonic®電視)、第三方機頂盒(包括但不限於Google TV™)、個人電腦、iPad®和支持麒麟電視應用程式的其它平板電腦(合稱“自有設備”)在美國和加拿大如何為您提供KyLinTV互聯網協議電視(以下簡稱“IPTV”或者“網路電視”)的播放、視頻點播(“點播”)以及其它與視頻有關的服務(以下簡稱“服務”)。本協議中,“您”以及“您的”指想要使用服務的個人。通過(i)您提交網上訂單;(ii)在註冊的過程中您以電子形式接受《服務條款》;及/或(iii)您使用服務,您同意接受本協議及其未來版本的約束。與您的KyLinTV訂購套裝中您所選擇的服務有關的任何具體的條款、條件、說明或者服務限制,應被視為本協議的一部分。

2. 其它版本的《服務條款》: 針對各種平臺所提供的服務的所有的最新《服務條款》均可在http://www.kylintv.com/kylintv/page/terms-of-service找到。請根據您的服務,瀏覽相應的《服務條款》。

A.如果您使用機頂盒4.0及以上版本的服務,請參閱適用於麒麟電視機頂盒服務的《服務條款》。

B.如果您使用機頂盒3.9及以下版本的服務(包括機頂盒),請參閱適用於機頂盒3.0版本的服務的《服務條款》。

3. 授權用戶,使用及責任:

A. 您必須年滿18周歲,並具有法定權力才能參與本協議。您確認您所提供的信息是正確和完整的。

B. 您理解KyLinTV將有賴於您所提供的所有信息提供服務,因此您所提供的所有信息必須是真實、準確的。您同意,如果您提供虛假或者不正確的信息,KyLinTV可能會禁止或者終止服務。無論何時,只要您的個人信息或者帳單信息(包括,但不限於,您的姓名、電子郵寄地址、住址、電話號碼、以及信用卡號碼及到期日)變更,您應當立即通知KyLinTV。

C. 您同意,服務僅供您個人使用,您須按照所適用的法律、法規使用本服務。您理解,將KyLinTV的服務用於任何商業目的都是禁止的。

D. KyLinTV將視以您的用戶名和密碼使用服務的人為經過您所授權而使用(除非有相反證據),對此您予以接受,因此您需要支付該使用所產生的所有收費。

4. 期限:本協議自您在註冊過程中以電子形式接受本協議時起生效,並應一直有效,直至任何一方根據本協議取消或者終止時止。

5. 費用的支付:

A. 您可以在我們的官網http://www.kylintv.com找到針對KyLinTV用戶的最新和有效的訂購費用信息。根據本協議,從麒麟電視處購買貨物和/或服務的支付處理服務將根據您購買貨物和/或服務時使用的付款方式來決定由麒麟電視歐洲有限公司(該企業為麒麟電視的全資子公司)或由麒麟電視直接提供。倘若你選擇用信用卡支付且支付將通過歐洲方處理,這些條款是您和麒麟電視歐洲有限公司之間的協議。對於任何其他類型的購買,這些條款是您和麒麟電視之間的協議,您購買的商品和/或服務將由麒麟電視直接提供。

B. 您同意支付服務的所有費用,包括滯納金。支付方法為本協議列明的方式或者我們雙方另行約定的方式。

C. 您同意,在初始簽約時,向KyLinTV提供一個有效的付款方式(包括但不限於信用卡),以支付您所訂購的服務,並同意在您訂購期間保持該付款方式一直有效,除非我們雙方另行約定付款方式。如果從您所指定的付款方式收取款項時,因任何原因(信用卡到期或餘額不足等)被拒絕,KyLinTV將有權無需通知您即可暫停服務及/或鎖定您的帳戶。您必須自行聯繫KyLinTV客戶服務部門討論重新激活。

D. 收費:您同意支付為收看麒麟電視服務而產生的任何費用,包括所有的稅款和服務費,其它現在或將來因使用我們提供的任何服務而產生的收費以及任何應收或到期未支付的費用。您授權KyLinTV從您指定的付款方式自動收取下列費用(包括相應稅款)

i. 訂購基本頻道套裝基本頻道套裝的月度訂購僅適用于多月訂購預付費計畫到期之後)、加選套裝以及沒有合約期限限制的點播套裝月度計畫(合稱“月度訂購”),KyLinTV會在相應的月度訂購的每個計費週期開始時提前向您收取月度訂購的費用及相應的稅款。如果您的訂購按照第7項的規定自動續約,您授權KyLinTV從您指定的付款方式自動收取所有費用 。

ii .訂購基本頻道套裝24個月固定期限計畫(下稱“多月訂購”)的,會在每個計費週期開始時提前向您收取該月的多月訂購套裝費用及相應的稅款。對於新的多月訂購的收費,將會在KyLinTV收到並且處理您的新訂單後開始計算。您的計費週期將在每個月的收費起始日開始。您必須完成所訂購的基本頻道套裝的固定承諾期限;否則,將產生提前終止費(如第10項所列)。如果您的訂購按照第7項的規定自動續約,您授權KyLinTV從您指定的付款方式自動收取所有費用。

iii.訂購任何要求提前支付全部訂購費用的基本頻道套裝、加選套裝、點播套裝或者促銷計畫預付費計畫(合稱“預付費訂購”)的,會在KyLinTV收到訂單時向您預收整個強制訂購期間的訂購費用及相應的稅款。但是,計費開始日將在KyLinTV收到並且處理了您的新訂單後開始計算。KyLinTV將向您提供約定期限的連續月份的服務,您的預付費訂購收費起始日開始。如果您的訂購按照第7項的規定自動續約,您同意KyLinTV可以從您指定的付款方式自動收取所有費用。

 iv. 暂停服务費:

您可以請求在一年中對您的服務暫停最長六( 6)個連續的整月。暫停服務收費 (暫停費)可參閱附錄一。在12個月的期間內,暫停的最短期間為一(1)個月,最長為六(6)個月。在提出請求時,您必須指明暫停服務的起始日期和暫停服務的月份數(須整月預設)。在您提出請求時,將按照您請求的月份數向您提前收取一個一次性的、不退還的暫停費服務將在您指定的日期停止,並將在暫停結束時自動啟動。為澄清起見,暫停期間不算作訂購期間的一部分。對於暫停開始日後開始的下一個計費週期,對請求暫停的期間,除了月度暫停費外,您不用支付月度訂購費,但是在暫停開始日起的下一個計費週期,會收取前一個計費週期所收看視頻點播的收視費。

v.   某些費用和收費將在某種特定狀況下向您收取,包括但不限於附錄一中列明的部分。
E. 收費爭議:通過登陸您在網上的KyLinTV帳戶,可以看到您的KyLinTV服務每月帳單的明細。如果在該明細中有對任何項目有爭議,您應當在通知您可以查看帳單明細後的30天內或者法律允許的最多天數內,通知KyLinTV你對該項目有爭議。如您未能及時通知我們您對該項目存在爭議,將視為您接受了相應的帳單。計費帳單明細中無爭議部分必須在下個計費帳單發出前支付,否則,您同意支付第6項所描述的滯納金。爭議可以按照附錄二中的聯絡方式致電或者發送電子郵件到KyLinTV進行提交。請保留您提交爭議請求的證據。

F. 您同意,KyLinTV不對因KyLinTV收費所產生的任何其它費用或支出(例如,帳戶透支、超出信用卡限額等)負責。

G.您重申:每次您使用KyLinTV服務,您重申(i)KyLinTV獲得授權從您的指定付款方式進行收費;(ii)KyLinTV可以就您帳戶因付款產生的收費提交收費;以及(iii)您會對所產生的該等收費負責,即使您的訂購已被取消或者終止。

6.滞纳金:如果您逾期付款,KyLinTV將向您發電子郵件提醒或者致電給您,並可以暫停您的服務。在您全額支付KyLinTV所要求的費用後,服務可以恢復。如果您自賬單應付之日起逾期付款達到一個月,或者沒有支付在第5D項中所約定的款項,KyLinTV將啟動催款程序並會向您收取附錄一中列出的滯納金。假如我們聘請律師或催款機構向您收取您欠付的款項或爭取我們對您的其它權利,您同意支付合理的催款或其它行動的花费。這些花费包括但不限於催款機構收取的費用,合理的律師費和出庭費。您同意一旦您所訂購的任何服務或者上述任何收費出現逾期付款或者未付款,KyLinTV可以自行決定向信用評審機構報告部門報告該等逾期付款或未付款。

7. 續約:您可以按照本協議第9項的規定變更訂購套裝,或者按照第10項的規定取消服務。如果您不選擇這兩項中任一項,您的月度訂購將於每個月按照相同套裝屆時實行的訂購費自動續約。

8. 您瞭解在同一帳戶下,相同的時間裡只能有一臺自有設備可以登錄並接收到我們的服務。如果您想在多臺自有設備上同時接收我們的服務,您必須註冊不同的帳號並為每一台設備訂購單獨的計畫。

9. 訂購計畫的變更:您可以隨時撥打我們的客服電話變更您現有的頻道套裝。變更請求將在下一個工作日結束前得到處理。KyLinTV將按訂購天數比例退還已收取的當月原頻道套裝訂購費,並按照5Di項的規定收取當月新頻道套裝的訂購費。

10. 取消訂購:您可以隨時撥打附錄二所列的本地電話通知我們取消服務。取消將在下個計費週期的第一天生效。一旦您的帳戶被取消,服務終止前所收看的所有點播電影和電視劇的收費將會立即到期並將從您指定的付款方式收取。假如您訂購的是KyLinTV的促銷計畫,促銷計畫的條款和限制中與終止合約有關的額外費用將被收取。

A. 月度訂購可以隨時取消。

B. 多月訂購:如果您在強制承諾合約期完結之前終止服務,將向您收取附錄一所列的合約剩餘月份的提前終止費。

C. 預付費訂購: 如果您在合約強制訂購期完結之前終止服務,KyLinTV將不會退還您已支付的預付費訂購的費用,也不會按比例退還預付費用。

11. 服務的中斷:您同意,KyLinTV決不會對於部分或者全部超出KyLinTV合理控制範圍所產生的節目傳輸、服務故障或者中斷承擔責任。根據所適用的法律,對於符合法律規定的中斷將給予補償。在任何情況下,如果有一個已知的節目或者服務中斷持續超過24小時(或者根據州法律超過更少的時間),您應當將該等故障或中斷立即通知KyLinTV,KyLinTV可以按照該等故障或中斷與訂購期限的相關比例給予補償,或者KyLinTV亦可自行選擇,在任何節目中斷期間提供一個替代節目,而不提供補償。您同意KyLinTV不會對任何偶然或者結果性的損害承擔責任。

12. 通訊費:為了從KyLinTV接收服務,您同意,對於獲得並維護使用KyLinTV服務所需要的所有設備和服務,您須自行負責並承擔費用。您同意承擔通過第三方網絡網路,比如寬頻、無線運營商或者您的網路服務提供商使用KyLinTV服務所產生的任何通訊費用。

13. 您的財產:對於您所使用的設備,包括但不限於任何個人電腦、iPad®平板電腦設備、調製解調器和路由器的維護或修理,KyLinTV無須承擔任何責任。您應當自行負責您所使用的任何設備的修理和維護。

14. 您的隱私:

A. 為了進行帳戶管理、結算、客戶支援和服務管理,KyLinTV將保留您的身份信息。您同意,KyLinTV可以為了改進服務品質,對與您所收看和使用KyLinTV的服務有關的信息進行匿名的和非個人用途的信息集成。

B. 您同意,為了追蹤記錄和提高客戶服務,KyLinTV可以記錄您與KyLinTV電話呼叫中心代表的談話內容。

15. 節目的複製:您同意,除非按照適用法律的規定進行,否則KyLinTV所提供的節目將僅供您個人而非商業使用,並不得複製。如果我們有理由認為您濫用了服務,我們可以立即採取行動切斷提供給您的服務,或者終止您與我們的協議,而不限制我們在本協議和適用法律項下所享受的權利或救濟,而且KyLinTV保留針對您違反被覆制節目版權條款的行為,提起法律訴訟的權利,或者告知版權人這一侵權的權利。

16. KyLinTV的權利:
A. KyLinTV沒有義務監控您通過自有設備可以訪問的內容或服務。然而,您承認並同意,為妥善管理我們的節目,或為保護本公司及/或其客戶,KyLinTV有權隨時監控內容,並披露滿足任何法律或法規所必需的任何信息。

B. KyLinTV有權自行決定,何者構成對KyLinTV服務的“濫用”或“商業使用”。

17. 客戶服務:如果您碰到任何技術故障、任何問題,或者想要請求對您的KyLinTV帳戶作任何變更,您可以通過附錄二中的方式聯絡我們。附錄二中的聯絡方式可能會發生變更,我們會www.kylintv.com/kylintv/page/contact-us公佈最新的聯繫方式。

18. 轉讓:您不得對本協議進行轉讓或者以其它方式進行轉移。

19. 違約:如果(i)您違反了本協議的任何條款或條件,或者在您提供給我們的信息中做出了實質性的失實陳述;(ii)在允許的時間內,未能支付到期的服務費;(iii)如果由於超出KyLinTV控制之外的原因,KyLinTV無法繼續提供服務;或者(iv)如果您參與對任何服務內容的非法複製或侵權;KyLinTV可以不經通知自行中斷或者終止服務。一旦KyLinTV認為有必要保留及保護其在本協議項下的權利,您同意支付合理的法律和律師費用給KyLinTV。

20. 節目:所有的節目、節目服務、節目套裝、頻道數量 、頻道配置和播放的頻道都由KyLinTV自行決定,並且會在遵守所適用法律的情況下,隨時進行變更。您可以在http://www.kylintv.com找到有關訂購套裝和頻道的最新版本的信息。

21. 變更《服務條款》:KyLinTV可以隨時更新《服務條款》。我們會在http://www.kylintv.com/kylintv/page/terms-of-service公佈最新的《服務條款》。

22. 免責聲明:

A.對於通過系統傳輸給您的任何節目或者信息,KyLinTV無須承擔任何責任,除非該節目或者信息是由KyLinTV在其所在地製作的。同時,KyLinTV對於在系統上促銷、购买或者获得的任何產品、商品或者奖品,不承擔責任,除非該等產品、商品或者奖品是由KyLinTV直接提供的。

B. 自動適配頻寬技術:在預設情況下,KyLinTV使用自動適配頻寬技術,該技術將基於所檢測到的您的互聯網速度,自動適配最佳畫質。如果您的互聯網服務提供商在數據流量限額之上額外收費的話,您應當通過進入您帳戶上的“設置”部分手動調整網路碼流。欲瞭解更多信息,請通過附錄二中的方式聯絡我們。

23. 責任的限額:KyLinTV的宗旨是提供持續的高品質服務,但是KyLinTV並不保證服務將在特定速度下運行,不受干擾,或者不發生錯誤。服務可能會因地點、線路質量、內部/室內佈線、互聯網流量以及超出KyLinTV控制的因素而有所不同。在法律允許的最大限度內,KyLinTV(或其負責人、雇員、母公司、子公司或關聯公司)、其第三方許可人、供應商或供應商在任何情況下,均不會對(i)任何間接的、特別的、結果性的或附隨性損害賠償請求,包括但不限於利潤損失、收入損失或者出於使用、部分使用或者不能使用服務所產生的損害,不論索賠的種類或者原因,包括但不限於那些產生於合同、侵權、疏忽或者嚴格責任的索賠或者訴因,即使KyLinTV已經被告知可能出現此類損害賠償責任的可能性,或者(ii)任何其它方對您提出的任何索賠,承擔責任。

24. 不可分割:如果本協議的任何部分、條款或者約定被法院發現違法或無法執行,本協議的其餘部分應對KyLinTV向您提供服務繼續進行管轄。

25. KyLinTV《服務條款》協議的中文譯文僅供參考。若中文翻譯與《服務條款》協議英文版存在內容衝突,應以英文為准。

26. 法律的選擇:您和KyLinTV均同意,本協議,以及其補充、修改、附件及任何其它變更,以及在您和KyLinTV之間所創設的關係,應按照美國聯邦法律以及美國紐約州法律解釋,受其約束,據其執行,而無需參照其衝突規範。

 

 

附錄一:收費

 

除了服務費和按照本協議或其它任何適用的KyLinTV套裝協議收取的費用外,您同意支付下表中列出的款項( 收費)和相應的稅款。KyLinTV可能對相關的收費做適時的調整,或者增加其它種類的收費。您可以在我們的官方網站www.kylintv.com上取得我們現行有效的套裝訂購收費信息。假如您在促銷期間訂購KyLinTV服務,某些收費項目可能會有一定的折扣。

 

費用種類

金額

費用描述

暫停費

$5 美金 / 月

您選擇暫停服務時,需每月支付暫停費

滯納金

$25美金

您在賬戶收費到期日前未能付清賬戶欠款,將被收取滯納金

 

附錄二:聯絡方式  

 

地區

聯繫電話

電子郵件

美國 / 加拿大

1 (877)888-8598

info@kylintv.com

 

 

 

詞彙表

 

基本頻道套裝”應指只有訂購了該套裝後,才可以訂購加選套裝服務和點播服務的頻道套裝。它包括麒麟頻道套裝、臺灣頻道套裝、長城平臺套裝、麒麟+臺灣頻道套裝、麒麟+長城平臺套裝、全景中國套裝和麒麟超級套裝。

 

加選套裝”應指加選頻道套裝,該套裝只有在訂購了一個基本頻道套裝(不包括點播套裝)的情況下才可以訂購。它包括但不限於鳳凰電視套裝、東森美洲套裝、宗教頻道加選和STAR TV套裝。

 

點播套裝”應指視頻點播套裝,該點播套裝僅在訂購了一個基本頻道套裝後,才可訂購。包括但不限於兒童天地點播套裝、影視點播精選套裝和全景中國點播套裝。

 

Google TV™是Google Inc.的注冊商標。

iPad®是Apple Inc.的注冊商標。

Panasonic®和VIERA®是Panasonic Corporatio的注冊商標。

 

 

麒麟電視服務條款2.0

 

KyLinTV Terms of Service - Old 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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麒麟電視服務條款1.0

 


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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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: 1600 Old Country Road, Plainview,

New York, 11803,

United States

 

 

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