| 1. |
Agreement: Agreement: This is an agreement between KyLinTV and the Customer (the "Agreement"), to provide access to KyLinTV IPTV broadcasts, Video on Demand and video related services (the "Services"). By (i) the Customer’s submission of an online order; (ii) Customer’s acceptance of the Terms of Service electronically during registration; or (iii) Customer’s use of Services, you agree to be bound by this Agreement, including future revisions and to use the Services in compliance with the then current KyLinTV Authorized Use Policy. |
| 2. |
Authorized User, Use, and Responsibility: Customer acknowledges that he or she is 18 years of age or older, and has the legal authority to enter into this Agreement and affirms that the information Customer supplied is correct and complete. Customer understands that KyLinTV relies on the information Customer supplies and that providing false or incorrect information may result in provisioning or delivery delays or the suspension or termination of Customer’s Services. Customer agrees to promptly notify KyLinTV whenever Customer’s personal or billing information changes (including for example, Customer name, address, telephone number, and credit card number and expiration date). |
| 3. |
Term: This Agreement goes into effect upon Customer’s acceptance of this Agreement and shall continue until canceled or terminated by either party as permitted by this Agreement. |
| 4. |
Payment of Charges:
A. Customer will 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 Customer’s membership is active. KyLinTV will automatically charge Customer’s designated credit card for subscription fees, one-time equipment deposits, applicable service, activation, shipping and handling fees as may occur during the course of Customer’s membership and any additional charges for failure to return any KyLinTV Equipment. Types of fees for which credit card payment will be utilized include:
i. For Monthly Subscriptions (including, but not limited to KyLinTV Basic Plan, Great Wall TV Plan, KyLinTV Basic + Great Wall Super Bundle Plan, China TV Select Plan, KyLinTV Basic + Phoenix Plan, Mother’s Day Plan, IAVC Premium On Demand Option, Sky Link Premium Option, STAR TV Premium Option and Phoenix Premium Channel Option) KyLinTV will automatically charge the Customer’s designated credit card each month for the balance of that month’s fees. Customer will be billed monthly at the beginning of each calendar month for the Monthly Subscription Fee. In addition, Customer will be billed monthly for Video on Demand (VOD) viewing fees as applicable based on actual usage or orders placed during the previous month, however, each title will be charged only once during the same calendar month. 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 Customer starts using the Services. If the billing start date falls in the middle of the month, Customer will be charged the full monthly fee at the beginning of the next month and a pro-rated fee for the partial month subscription. Cancellation of Customer’s Monthly Subscription to either (i) the Basic Package within first 12 months of subscription or (ii) the Mother’s Day Package within the first 18 months of the subscription will be subject to a cancellation fee. Applicable sales, usage, and other taxes may apply to these transactions and will be charged in accordance with applicable state and local law. Customer agrees to pay any such taxes, in addition to the monthly balance for Services and Equipment provided. Customer must pay all undisputed monthly charges as itemized on the KyLinTV monthly statement and/or notify KyLinTV of disputed items within thirty (30) days of receipt, or such greater amount of time as permitted by law. Customer authorizes KyLinTV to automatically debit the Customer’s credit card on record each month for the balance of that month’s subscription fee, any additional VOD usage fees, taxes and any other fees.
ii. For Annual Subscriptions (including, but limited to KyLinTV Basic Plan, Great Wall TV Plan, KyLinTV Basic + Great Wall Super Bundle Plan, China TV Select Plan, KyLinTV Basic + Phoenix Plan, KyLinTV Super Value VOD Option, Sky Link Premium Option, and Phoenix Premium Channel Option) KyLinTV will automatically charge the Customer’s designated credit card the Annual Subscription Fee at the time the order is received, 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 Customer starts using the Services. KyLinTV will provide Customer access to the Services for the 12 consecutive month period beginning from the billing start date. At the end of the Annual Subscription period, Customer has the option to: (a) prepay for another Annual Subscription; (b) change to a Monthly Subscription; or (c) cancel and return all KyLinTV Equipment not purchased by Customer. If Customer does not specifically elect one of the aforementioned options at least thirty (30) days before the expiration of the Annual Subscription period, Customer’s subscription will automatically renew for another Annual Subscription of the same package and Customer authorizes KyLinTV to automatically debit Customer’s credit card for all fees under the Annual Subscription for that package. Customers will be billed monthly for any applicable VOD fees for VOD orders placed during the previous month in addition to the initial Annual Subscription Fee. IAVC Premium On Demand Option and Phoenix Premium Channel Option Customers not under annual billing for same will be billed monthly, as described above in Section 4 (A) (i), for this additional service in addition to the Initial Annual Subscription Fee.
iii. For All Subscription Plans
a. Equipment Purchase, Customer purchase of KyLinTV Equipment ("Purchased Equipment") is subject to applicable sales, usage, and other taxes, which will be charged in accordance with applicable state and local law. Customer agrees to pay any such taxes.
b. Equipment Deposits Fees, KyLinTV will automatically charge the Customer’s designated credit card all KyLinTV Equipment deposit fees for KyLinTV non-purchased Equipment ordered by Customer. Deposit fees shall be pre-approved by Customer. Upon return of KyLinTV non-purchased Equipment, in good working order, for which a deposit fee was charged to Customer’s designated credit card, KyLinTV shall credit the Customer’s credit card account for the amount of the original deposit fee. Failure to timely return all KyLinTV non-purchased Equipment at the end of Customer’s subscription will result in (i) forfeiture of Customer’s deposit fee charged for the KyLinTV Equipment not returned, or (ii) a charge to Customer for the original value of the KyLinTV Equipment, whichever is greater.
c. Shipping and Handling, Activation, and Applicable Service Fees, KyLinTV will automatically charge the Customer’s designated credit card for shipping and handling fees, activation, as well as other applicable service fees that Customer has pre-approved either during Customer’s initial subscription order or during the course of Customer’s usage of KyLinTV. Customer acknowledges and agrees that ALL shipping and handling, activation and other applicable service fees are non-refundable.
B. 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 the credit card is refused by the merchant account for any reason (card expired, insufficient credit limit, etc.), KyLinTV will disable access and Customer agrees to pay all amounts due upon demand by KyLinTV. Customer may access and view monthly statements online through his or her KyLinTV account. Every time Customer uses a KyLinTV Service, Customer reaffirms that (i) KyLinTV is authorized to charge Customer’s designated credit card; (ii) KyLinTV may submit charges incurred under Customer’s account for payment; and (iii) Customer will be responsible for such charges, even if Customer’s membership is canceled or terminated. |
| 5. |
Renewal Unless cancelled in accordance with Section 20 of this Agreement: Monthly Subscriptions will automatically renew each month at the then prevailing subscription fee for the same package and Annual Subscriptions will automatically renew 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. |
| 6. |
Subscription Plan Changes:
A. Changing from Monthly Subscription Plan to Annual Subscription Plan can be done any time upon Customer’s request. Requests will be processed by the close of the next business day. KyLinTV will credit Customer a pro-rated fee for the partial month and bill Customer for the new Annual Subscription Fee.
B. Changing between Annual Subscriptions requires notification from Customer at least thirty (30) days prior to the expiration of the existing Annual Subscription. At the expiration of the existing Annual Subscription, Customer will be billed according to the new Annual Subscription Payment of Charges as described above under Section 4 (A) (ii).
C. Changing from Annual Subscription Plan to Monthly Subscription Plan requires notification from Customer at least thirty (30) days prior to the expiration of the existing Annual Subscription. At the expiration of the existing Annual Subscription, Customer will be billed according to the Monthly Subscription Payment of Charges as described above under Section 4 (A) (i). |
| 7. |
Communication Charges: Customer is responsible for obtaining and maintaining at Customer’s expense all equipment and services needed to access KyLinTV Services. Customer is also responsible for any communication charges incurred by accessing KyLinTV Services through a third-party network, such as a cable or wireless carrier. |
| 8. |
KyLinTV Property: All non-purchased Equipment, including but not limited to cables, wires, amplifiers, STB/receivers and remotes delivered to and/or installed in the Customer’s home by KyLinTV ("Equipment") remains the property of KyLinTV. Customer must return all non-purchased Equipment upon termination of Services. Failure to do so will result in a charge to be determined with reference to KyLinTV’s then current penalty schedule, which amount shall be due immediately. Customer agrees to pay such charges whether the Equipment is lost (through theft or otherwise) or destroyed. |
| 9. |
Disruption of Service: 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), KyLinTV, upon prompt notification of such failure or interruption from Customer, will either provide Customer 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. KyLinTV shall not be liable for any incidental or consequential damages. |
| 10. |
Repair of Non-Purchased Equipment: KyLinTV will repair and/or replace defective non-purchased Equipment as long as such damage was not caused by misuse or other improper operations or handling by Customer. KyLinTV is not responsible for the maintenance or repair of Customer-provided equipment, including but not limited to television sets, VCRs or other video equipment, remote controls, wireless cards, and stereos or other audio equipment. A service charge may be imposed if damage to KyLinTV non-purchased Equipment is due to 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 non-purchased Equipment. KyLinTV makes no warranties, with respect to KyLinTV non-purchased Equipment or Services provided by KyLinTV or with respect to the Equipment’s compatibility with any Customer-owned equipment. |
| 11. |
KyLinTV Purchased Equipment Warranty:
A. KyLinTV warrants to Customer that the Purchased Equipment will be free from defects in workmanship and materials, under normal use and service, for one year from the date of purchase by Customer. 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 Customer 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 Customer the purchase price paid for the defective Purchased Equipment. All Purchased Equipment that is replaced will become the property of KyLinTV. Replacement Purchase 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. Customer shall promptly notify KyLinTV for warranty claims that Purchased Equipment are 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 Customer.
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 Customer and persons under Customer’s control; or acts of third parties, acts of God, accident, fire, lightning, power surges or outages, or other hazards.
D. IF PURCHASED EQUIPMENT DOES NOT OPERATE AS WARRANTED ABOVE, CUSTOMER’S 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.
|
| 12. |
Customer Property: KyLinTV assumes no responsibility for the condition or repair of any Customer-provided equipment. Customer is responsible for the repair and maintenance of any Customer-provided equipment. |
| 13. |
Customer Information: KyLinTV maintains Customer-supplied personal identification information for the purpose of account management, billing and collections, and customer support and service management. KyLinTV may also aggregate anonymous, non-personal information for reporting and analysis purposes related to your viewing and usage of KyLinTV Services. |
| 14. |
Reproduction of Programs: Customer agrees that the programs provided by KyLinTV will be utilized solely for Customer’s personal, non-commercial use and will not be duplicated except in compliance with applicable law. |
| 15. |
KyLinTV’s Rights:
A. KyLinTV has no obligation to monitor content or Services accessible by means of the KyLinTV STB or wireless card. However, Customer acknowledges and agrees 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. |
| 16. |
Care of KyLinTV Property: Customer agrees that neither Customer nor any other person (except KyLinTV’s authorized personnel) will open, tamper with, service, make any alterations to, or remove any non-purchased Equipment from its point of initial installation. Any alteration, tampering, removal, etc., or the use of non-purchased 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. |
| 17. |
Access to Customer Premises: Customer agrees to provide KyLinTV’s representatives with access at reasonable times to Customer’s premises to inspect and maintain the non-purchased Equipment supplied by KyLinTV and, upon termination of Services, to remove the same from the premises. KyLinTV’s failure to remove it property shall not be deemed abandonment thereof. |
| 18. |
Assignment or Transfer: This Agreement and the non-purchased Equipment are not assignable or otherwise transferable by Customer. |
| 19. |
Suspension: Customer may request suspension of Customer’s Subscription up to a maximum period of six (6) consecutive whole months at a Monthly Suspension Fee of $5.00 per month of suspension. The minimum period for suspension is one (1) month and the maximum is six (6) months. Customer must specify the suspension start date and duration in whole months at time of request. Customer will be charged in advance the one-time Suspension Fee at time of request for the number of months requested. Service will be stopped on the suspension start date and will be automatically reactivated on the same calendar date of the last elapse month for the period specified.
A. For Monthly Subscriptions, 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 Annual Subscriptions, Customer agrees that there will be an extension of the Annual Subscription period by the number of elapsed months specified at the time of suspension. In addition, for Customers of the KyLinTV Basic Package, 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. |
| 20. |
Cancellation:
A. For Monthly Subscriptions Excluding Mother’s Day Package, Customer may cancel the Customer’s Monthly Subscription at anytime. In the event that Customer’s account is cancelled, the Customer will not receive any partial credit for the Monthly Subscription Fee they already paid for that month, and at the time of cancellation, all VOD movies and TV Drama Episodes viewed during that month will be charged. KyLinTV Basic Plan, Great Wall TV Plan, KyLinTV Basic + Great Wall Super Bundle Plan, China TV Select Plan, KyLinTV Basic + Phoenix Plan Customers will be subject to an $80.00 cancellation fee if Customer cancels the Services prior to reaching twelve (12) months of subscription. Mother’s Day Package Customers will continue to be charged a monthly subscription fee of $8.99 per month until payment of eighteen (18) months have been made if Customer cancels the Services prior to reaching eighteen (18) months of subscription. In addition, Customer agrees, at its sole cost, to return all KyLinTV non-purchased Equipment, in good-working order, normal wear and tear excepted, upon the cancellation of the Monthly Subscription and be responsible for any additional costs incurred by KyLinTV to insure return of the Equipment.
B. For Mother’s Day Package, Customer has no cancellation rights prior to reaching eighteen (18) months of subscription and Customer will continue to be charged a monthly subscription fee of $8.99 per month until payment of same for eighteen (18) months have been made. After eighteen (18) months of subscription has been reach, Customer may cancel the Customer’s Monthly Subscription at anytime. In the event that Customer’s account is cancelled, the Customer will not receive any partial credit for the Monthly Subscription Fee they already paid for that month, and at the time of cancellation, all VOD movies and TV Drama Episodes viewed during that month will be charged. In addition, Customer agrees, at its sole cost, to return all KyLinTV non-purchased Equipment, in good-working order, normal wear and tear excepted, upon the cancellation of the Monthly Subscription and be responsible for any additional costs incurred by KyLinTV to insure return of the Equipment.
C. For Annual Subscriptions,Customer has no cancellation rights prior to the expiration of the Annual Subscription period. If Customer terminates his/her subscription prior to the expiration of the Annual Subscription period, KyLinTV will not prorate, nor refund Customer’s prepaid Annual Subscription Fee. In addition, Customer agrees, at its sole cost, to return all KyLinTV non-purchased Equipment, in good working order, normal wear and tear excepted, upon the termination of the Annual Subscription and be responsible for any additional costs incurred by KyLinTV to insure return of the Equipment.
D. For All Subscription Packages, Customer must return all KyLinTV non-purchased Equipment, including the STB, within ten (10) days of cancellation/termination. The Customer shall remain responsible for all shipping charges in connection with the return of the STB. Failure to return all Equipment shall void Customer’s cancellation, result in re-instatement of applicable subscription fees and/or incurring a charge on their account as described above under Section 4 (A) (iii) (a). |
| 21. |
Breach of Agreement: If Customer breaches this Agreement or fails to abide by KyLinTV’s rates, rules and regulations, KyLinTV, at its option, may terminate the Services and remove the non-purchased Equipment. Failure of KyLinTV to remove such Equipment shall not be deemed abandonment thereof. Customer shall pay reasonable collection and/or attorney’s fees to KyLinTV in the event that KyLinTV shall find it necessary to enforce collection or to preserve and protect its rights under this Agreement. |
| 22. |
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. |
| 23. |
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. |
| 24. |
Limitation of Liability: KyLinTV does 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. |
| 25. |
Choice of Law: Customer 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. |
|
