Agreement: This Agreement sets out
how KyLinTV Inc. (“KyLinTV”) will provide the access to KyLinTV
Internet Protocol Television (“IPTV”) broadcasts, Video on Demand
(“VOD”) and other video related services (the "Services") to you (the
“Agreement”) for via the PC platform (including iPad® tablet PC device)
in United States and Canada. For the purpose of this Agreement, “you”
and “your” shall refer to the individual who wishes to use the
Services. By (i) your submission of an online order; (ii) your
acceptance of the Terms of Service electronically during registration;
and/or (iii) your use of Services, you agree to be bound by this
Agreement, including future revisions. Any specific terms, conditions,
instructions or service limits relating to the Services that you chose
in your KyLinTV subscription package will be treated as part of this
Agreement.
Other Versions of Terms of Service:All current Terms of Service for various platform Services can be found at http://www.kylintv.com/kylintv/page/terms-of-service. Please review the appropriate one depending on your Service.
2.1 If you are a customer to the STB Service Version
4.0 and above (including STB and PC Service), please refer to the Terms
of Service for Service via Set-top Box Version 4.0 and above.
2.2 If you are a customer to the STB Service Version 3.9 and
below (including STB and PC Service), please refer to the Terms of
Service for Service via Set-top Box Version 3.0.
Authorized User, Use, and Responsibility: A. You must be 18 years of age or older and have
the legal authority to enter into this Agreement. You affirm that the
information you supplied is correct and complete. B. You understand that all information provided
by you will be relied upon by KyLinTV for the provision of Services and
must be true and accurate. You agree that KyLinTV may disable or
terminate the Services in the event that you provide false or incorrect
information. You shall promptly notify KyLinTV whenever your personal
information or billing information changes (including but not limited
to, your name, email address, address, telephone number, and credit card
information and expiration date). C. You agree to use the Services for personal use
only and in compliance with the then current KyLinTV Authorized Use
Policy and any applicable laws and regulations. You understand that any
use of KyLinTV Service for commercial purpose is prohibited. D. You accept that KyLinTV considers anyone using
the Services with your user name and password to be authorized by you
(unless evidences support otherwise) and you must pay all charges due
from that use.
Term: This Agreement goes into effect upon
your acceptance of this Agreement and shall continue until canceled or
terminated by either party as permitted by this Agreement.
Payment of Charges: A. The current effective subscription fees for KyLinTV PC only packages are set out at http://www.kylintv.com.
B. You agree to pay all charges for the Services,
including any charges for late payment. The method of payment will be
either as set out in this Agreement or as we otherwise agree with you.
C.You agree to provide KyLinTV, at initial
sign-up, with a valid major credit card or an authorized bank account
acceptable to KyLinTV as the designated form of payment to pay for your
subscribed Service, and will maintain the validity of payment
information while your subscription is active unless we otherwise agree
upon. If the charge transaction against your designated credit card is
refused by the merchant account for any reason (card expiry,
insufficient credit limit, etc.), KyLinTV will be entitled to
immediately at any time suspend the Services and/or lock your account
without notice. You must contact KyLinTV customer service to unlock
your account.
D. Authorization: You agree to authorize KyLinTV
to automatically charge your designated form of payment for the
following types of fees (including tax applicable):
i. Subscription Fee:For subscription to any Monthly plan
of Base Channel Package, Premium Package and VOD Package (collectively
the “Monthly Subscription”), you will be charged in advance at the
beginning of each billing cycle for the applicable Monthly Subscription
plus taxes applicable. Billing for new Monthly Subscriptions will
begin right after the date KyLinTV receives and processes your new
order (the “Billing Start Date”). You authorize KyLinTV to automatically
charge your designated form of payment for all fees if your
subscription is automatically renewed according to Section 7.
ii. Late Payment Charge: as set forth in Section 6.
E. Dispute of Charges:Your monthly statement of
KyLinTV Services will be available online through your KyLinTV account.
If there is any disputed item in the statement, you shall notify
KyLinTV of such disputed item within thirty (30) days of notice to you
that your monthly statement is available, or such greater amount of
time as permitted by law. Failure to timely notify us of a dispute
shall constitute your acceptance of the corresponding bill. Undisputed
portions of a billing statement must be paid before the next billing
statement is issued or you agree to pay a Late Payment Charge as
described in Section 6. Disputes can be filed by calling KyLinTV at
1-877-888-8598 or sending an e-mail to info@KyLinTV.com. Please retain your proof of filing a dispute claim.
F. You agree that KyLinTV is not responsible for
any charges or expenses (e.g., for overdrawn accounts, exceeding credit
card limits, etc.) resulting from charges billed by KyLinTV.
G. Your Reaffirmation:Every time
you use KyLinTV Services, you reaffirm that (i) KyLinTV is authorized to
charge your designated form of payment; (ii) KyLinTV may submit
charges incurred under your account for payment; and (iii) you will be
responsible for such charges incurred, even if your Subscription is
canceled or terminated.
Late Payment: If you delay payment,
KyLinTV will send you a notice via email or call you, and may
temporarily disconnect you to the Services. The Services may be
reinstated after you paid in full the amount demanded by KyLinTV. If
you delay your payment for one (1) month from the date of billing, or
there is non-payment as set out in Section 5C, KyLinTV will initiate
the collection procedure and may charge you a Late Payment Charge of
twenty-five US dollars ($25 USD) and tax applicable. You agree that in
the case of late payment or non-payment for any Services ordered by you
or for any of the charges stated above, KyLinTV, in its sole
discretion, may report such late payment or non-payment to credit
reporting agencies.
Renewal:You may change your subscription in
accordance with Section 8 of this Agreement or cancel the Services in
accordance with Section 9. If you do not choose either of the actions
as instructed in each section, the Monthly Subscription will
automatically be renewed each month at the then prevailing subscription
fee for the same package.
Subscription Plan Changes:You may change from your existing channel package to a new channel package any
time by calling our customer service number. Requests will be
processed by the close of the next business day. KyLinTV will credit to
you a pro-rated fee for the partial month and charge your designated
form of payment for the new subscription fee of the new channel package
according to Section 5Di.
Cancellation:You may cancel a Monthly
Subscription for any reason at any time by notifying us at
1-877-888-8598. You must pay all outstanding balances accrued, including
without limitation, any applicable fees. Charges for the Services,
once charged to your account, are non-refundable, and no refund or
credit will be provided in connection with the cancellation of the
Service. The cancellation will take effect on the 1st day of your next
billing cycle.
Disruption of Services:You agree that in no
event shall KyLinTV be liable for any failure or interruption of
program transmissions or Services resulting in part or entirely from
circumstances beyond KyLinTV's reasonable control. Subject to applicable
law, credit will be given for qualifying outages. In any event, if
there is a known program or service interruption in excess of 24
consecutive hours (or in excess of such lesser time period pursuant to
state law), you shall prompt notify of such failure or interruption to
KyLinTV and KyLinTV may either provide you with a pro-rata credit
relating to such failure or interruption or, at its discretion, in lieu
of the credit provide alternative programming during any program
interruption. You agree that KyLinTV shall not be liable for any
incidental or consequential damages.
Communication Charges: In order to receive
Services from KyLinTV, you agree that you are responsible for obtaining
and maintaining at your own expense all equipment and services needed
to access KyLinTV Services. You also agree to bear any communication
charges incurred by accessing KyLinTV Services through a third-party
network, such as a cable, wireless carrier or your Internet service
provider.
Your Property:KyLinTV assumes no
responsibility for the maintenance or repair of equipment you use,
including but not limited to any personal computer, iPad® tablet PC
device, modem and router. You shall be responsible for the repair and
maintenance of any equipment you use.
Customer Privacy: A. KyLinTV maintains your personal
identification information for the purpose of account management,
billing and collection matters, customer support and service
management. You agree that KyLinTV may also aggregate anonymous,
non-personal information for reporting and analysis purposes related to
your viewing and usage of KyLinTV Services. B. You agree that KyLinTV may record your
conversations with KyLinTV call center representatives for the purpose
of tracking records and improvement of our customer service.
Reproduction of Programs:You agree that the
programs provided by KyLinTV will be utilized solely for your personal,
non-commercial use and will not be duplicated except in compliance
with applicable law. If we reasonably believe you have misused the
Service, we may take immediate action to disconnect you from the
Services or terminate your Agreement with us, without limiting our
rights or remedies under this Agreement and applicable laws and KyLinTV
reserves the rights to take legal actions for breach of copyright
terms of any program reproduced, or inform the copyright holder of the
breach.
KyLinTV's Rights:
A. KyLinTV has no obligation to monitor content or
Services accessible by means of the PC Service. However, you
acknowledge and agree that KyLinTV has the right to monitor content
from time to time and to disclose any information as necessary to
satisfy any law or regulation to operate its programming properly, or
to protect itself or its customers.
B. KyLinTV shall have the right to determine in its sole
discretion what constitutes a "misuse" or "commercial use" of KyLinTV's
Services.
Customer Service: If you have any technical
faults and administration questions or want to request any changes in
your KyLinTV account, you may contact us at 1-877-888-8598. The contact
information of KyLinTV is also available at http://www.kylintv.com/kylintv/page/contact-us.
Assignment or Transfer: This Agreement is not assignable or otherwise transferable by you.
Breach of Agreement: KyLinTV, at its option,
may suspend or terminate the Services without notice if: (i) you break
any terms or conditions of this Agreement or make a material
misstatement in any information supplied to us; (ii)you fail to pay the
payment due for the Services within the time permitted; (iii) if for
reasons outside KyLinTV’s control, KyLinTV cannot continue to provide
the Services; or (iv) if you are involved in unlawful copying or
infringement of the content of any of the Services. You agree to pay
for reasonable legal and attorney's fees to KyLinTV in the event that
KyLinTV shall find it necessary to preserve and protect its rights
under this Agreement.
Programming: All programming, program services,
program packages, number of channels, channel allocations and broadcast
channels are at the sole discretion of KyLinTV and are subject to
change at any time in accordance with applicable law. You may find the
information about latest version of packages and channels available at: http://www.kylintv.com.
Disclaimer:
A. KyLinTV assumes no liability to you for any program or
information distributed over the system unless locally produced by
KyLinTV. KyLinTV shall not be responsible for any products, merchandise
or prizes promoted on or purchased through the use of the system,
unless such product, merchandise or prizes are provided directly by
KyLinTV.
B.Adaptive Streaming: KyLinTV utilizes adaptive streaming technology by
default which will automatically adapt the best picture quality based
on your detected Internet speed. Please note, if your Internet service
provider imposes additional charges above a limited amount of data, you
should manually adapt the picture quality by accessing the “Setting”
section of your account to better adjust your data use. For more
information, please call our customer service (see Section 16).
Limitation of Liability:KyLinTV aims to
provide a continuous, high-quality service, but KyLinTV does not
warrant that the Services will perform at a particular speed or will be
uninterrupted, or error-free. The Services can vary depending on
location, line quality, inside wiring, Internet traffic, and other
factors beyond the control of KyLinTV. To the fullest extent permitted
in law, in no event shall KyLinTV (or its officers, employees, parent,
subsidiaries, or affiliates), its third party licensors, providers or
suppliers, be liable for: (i) any indirect, special, consequential or
incidental damages, including without limitation, lost profits or loss
of revenue or damage to data arising out of the use, partial use or
inability to use the Services, regardless of the type of claim or the
nature of the cause of action, including without limitation, those
arising under contract, tort, negligence or strict liability, even if
KyLinTV has been advised of the possibility of such damages, or (ii)
any claims against you by any other party.
Severability:If any part, term or provision of
this Agreement is found to be illegal or unenforceable by the court,
the remainder of this Agreement shall continue to govern KyLinTV’s
provision of the Services to you.
Choice of Law:You and KyLinTV agree that this
Agreement, and any supplements, modifications, addendums and any other
change, and the relationship it creates between you and KyLinTV, shall
be construed by and covered under and in accordance with the Federal
laws of the United States and the State laws of the State of New York
without reference to its principles of conflicts of laws.
Glossary
"Base Channel Package" shall mean the packages which are
required to be ordered before availability of Premium Packages and Video
on Demand (VOD) Packages (defined hereinafter). It includes KyLinTV
Package; Taiwan Package; Great Wall Package; KyLinTV + Taiwan Package;
KyLinTV + Great Wall Package; KyLinTV Super Package; China TV Select
Package (Canada Only). "Premium Package" shall mean the packages which are available
only with order of one of the Base Channel Packages, excluding VOD
Packages. It includes but not limited to Phoenix TV Package, ETTV
America Package, CTI Zhong-Tian Package, Religious Option, STAR TV
Premium Package and English Channel Select Package. "VOD Packages" shall mean the Video on Demand Packages which are
available only with order of one of the Required Packages. It includes
but not limited to Happy Kids VOD Package and Select VOD Package.
iPad® and PayPal® are the registered trademarks of Apple Inc. and PayPal, Inc. respectively.
Agreement: This Agreement sets out how KyLinTV
Inc. (“KyLinTV”) will provide the access to KyLinTV Internet Protocol
Television (“IPTV”) broadcasts, Video on Demand (“VOD”) and other video
related services (the "Services") in United States and Canada to you
(the “Agreement”) for Services via the Set-top Box (“STB”) Version 4.0
and above (including STB and Personal Computer (PC) Service) platform.
For the purpose of this Agreement, “you” and “your” shall refer to the
individual who wishes to use the Services. By (i) your submission of an
online order; (ii) your acceptance of the Terms of Service
electronically during registration; (iii) your initialing on the
KyLinTV Terms of Service in an order form, and/or (iv) your use of
Services, you agree to be bound by this Agreement, including future
revisions. Any specific terms, conditions, instructions or service
limits relating to the Services that you chose in your KyLinTV
subscription package will be treated as part of this Agreement.
Other Versions of Terms of Service: All current Terms of Servicefor various platform services can be found at http://www.kylintv.com/kylintv/page/terms-of-service. Please review the appropriate one depending on your Service.
2.1 If you are a customer to only the PC Service, please refer to the Terms of Service for PC Service.
2.2 If you are a customer to the STB Service Version 3.9 and
below, please refer to the Terms of Service for Service via Set-top Box
version 3.0.
Authorized User, Use, and Responsibility: A. You must be 18 years of age or older and have the
legal authority to enter into this Agreement. You affirm that the
information you supplied is correct and complete.
B. You understand that all information provided by you
will be relied upon by KyLinTV for the provision of Services and must
be true and accurate. You agree that KyLinTV may disable or terminate
the Services in the event that you provide false or incorrect
information. You shall promptly notify KyLinTV whenever your personal
information or billing information changes (including but not limited
to, your name, email address, address, telephone number, and credit
card number and expiration date).
C.You agree to use the Services for personal use only
and in compliance with any applicable laws and regulations. You
understand that any use of KyLinTV Service and Equipment (defined in
Section 6) for commercial purpose is prohibited.
D. You accept that KyLinTV considers anyone using the
Services under your account or with your registered Equipment to be
authorized by you (unless proven otherwise) and you must pay all
charges due from that use.
Term: This Agreement goes into effect upon your
acceptance of this Agreement during registration (electronically or
otherwise) and shall continue until canceled or terminated by either
party as permitted by this Agreement.
Payment of Charges: A.You may find the current effective subscription fees information of KyLinTV packages at our official website http://www.kylintv.com.
B.You agree to pay all charges for the Equipment(s)
and the Services, including any charges for Late Payment. The method of
payment will be either as set out in this Agreement or as we otherwise
agree with you.
C.You agree to provide KyLinTV, at initial sign-up,
with a valid major credit card or an authorized bank account acceptable
to KyLinTV as the designated form of payment to pay for your
subscribed Service, and will maintain the validity of the payment
information while your subscription is active unless we otherwise agree
upon. If the charge transaction against your designated credit card is
refused by the merchant account for any reason (card expiry,
insufficient credit limit, etc.), KyLinTV will be entitled to
immediately at any time suspend the Services and/or lock your account
without notice. A reactivation fee of twenty-five US dollars ($25 USD)
applies whenever we unlock your account. Notwithstanding the preceding
sentence, reactivation fee does not apply in cases where you subscribe
to Service by leasing Equipment from KyLinTV.
D. Authorization: You agree to authorize KyLinTV to
automatically charge your designated credit card for the following types
of fees (including tax applicable):
i. For subscription to any monthly plan
of Base Channel Package (for clarity, monthly plan of Base Channel
Package is available to customers with Purchased Equipment, defined in
Section 6A below, only), Premium Package and VOD Package which has no
mandatory commitment period requirement (collectively the “Monthly
Subscription”), you will be charged in advance at the beginning of each
billing cycle for the applicable Monthly Subscription plus tax
applicable. Billing for new Monthly Subscriptions will begin up to five
(5) days after the date KyLinTV receives and processes your new order
(“Billing Start Date”). Accordingly, your billing cycle will start on
the Billing Start Date of each calendar month. You authorize KyLinTV to
automatically charge your designated form of payment for all fees if
your subscription is automatically renewed according to Section 9.
ii. For subscription to 24-months Fixed-term plan
of the Base Channel Package (the “Multi-month Subscription”), you will
be charged in advance at the beginning of each billing cycle for that
month's Multi-month Subscription fee and tax applicable. Billing for
new Multi-month Subscription will begin up to five (5) days after the
date KyLinTV receives and processes your new order. Accordingly, your
billing cycle will start on the Billing Start Date of each calendar
month. You must fulfill the fixed commitment period to the subscribed
Base Channel Package; otherwise an early termination fee applies (as
set out in Section 12). You authorize KyLinTV to automatically charge
your designated form of payment for all fees if your subscription is
automatically renewed according to Section 9..
iii. For subscription to any Prepaid plan
of Base Channel Package, Premium Package and VOD Package, or
Promotional Plan which requires payment of total subscription fee
upfront (collectively, the “Prepaid Subscription”), you will be charged
upfront for the subscription Fee of the entire mandatory subscription
period and tax applicable at the time the order is received by KyLinTV.
However, the billing start date will begin up to five (5) days after
the date KyLinTV receives and processes your new order. KyLinTV will
provide you access to the Services for the number of consecutive months
for the period as specified and your Prepaid Subscription beginning
from the Billing Start Date. You agree that KyLinTV can automatically
charge your designated form of payment for all fees if your
subscription is automatically renewed according to Section 9.
iv. Other Fees: (a) VOD Fee by Usage: The charge for VOD by usage
will be set out on your program information screen. Each title will be
charged only once during the same billing cycle. If you are a
subscriber of a Monthly Subscription or Multi-month Subscription, you
will be billed each month for the VOD viewing fees if applicable based
on actual usage or orders placed during the previous billing cycle in
addition to the subscription fees of each month. If you are a subscriber
of a prepaid plan(s), you will be billed monthly for any applicable
VOD fees for VOD orders placed and tax applicable during the previous
billing cycle in addition to the initial Prepaid Subscription fee. For
clarity, the charges of VOD by usage through all the Equipments and PC
Service of the same account will be merged and listed together on your
monthly statement. This clause does not apply if you subscribe to
Prepaid VOD Package plan(s).
(b) Shipping and Handling Fee, Activation Fee, and Applicable Service Fees: The
charges for shipping and handling, activation and applicable Service
fees are set out in your order form. KyLinTV will charge you for
shipping and handling fees, activation fees, as well as other
applicable service fees and tax applicable that you have pre-approved
either during your initial subscription order or during the course of
your usage of KyLinTV Service. You acknowledge and agree that ALL
shipping and handling, activation and other applicable service fees are
non-refundable.
(c) Equipment Fee and Equipment Deposit: as set forth in Section 6A, 6B and 6D.
(d) PC Access Fee: as set forth in Section 7.
(e) Late Payment Charge: as set forth in Section 8.
(f) Suspension Fee: as set forth in Section 11.
(g) Cancellation Fee: as set forth in Section 12.
(h) Any additional charges for failure to return Leased Equipment: as set forth in Section 6C.
E. Dispute of Charges:Your monthly statement of
KyLinTV Services will be available online through your KyLinTV account.
If there is any disputed item in the statement, you shall notify
KyLinTV of such disputed item within thirty (30) days of notice to you
that your monthly statement is available, or such greater amount of
time as permitted by law. Failure to timely notify us of a dispute
shall constitute your acceptance of the corresponding bill. Undisputed
portions of a billing statement must be paid before the next billing
statement is issued or you agree to pay a Late Payment Charge as
described in Section 8. Disputes can be filed either by calling KyLinTV
at 1-877-888-8598 or sending e-mail to info@KyLinTV.com. Please retain your proof of filing a dispute claim.
F.You agree that KyLinTV is not responsible for any
charges or expenses (e.g., for overdrawn accounts, exceeding credit
card limits, etc.) resulting from charges billed by KyLinTV. G. Your Reaffirmation: Every time
you use KyLinTV Services, you reaffirm that (i) KyLinTV is authorized to
charge your designated form of payment; (ii) KyLinTV may submit
charges incurred under your account for payment; and (iii) you will be
responsible for such charges incurred, even if your Subscription is
canceled or terminated.
Equipment:To receive the Services from
KyLinTV, you may either purchase or lease equipment which consists
primarily of, but not limited to, cables, wires, amplifiers,
STB/receivers and remotes (collectively, the “Equipment”). For clarity,
the KyLinTV wireless adaptor is not a part of the Equipment and a separate purchase is required.
A.Purchased Equipment:If you elect to
purchase KyLinTV Equipment ("Purchased Equipment"), you agree to pay
the then effective market price of the Equipment (currently $99 USD per
Equipment set) and any applicable sales, usage, and other taxes for
each Equipment set you purchase.
B. Leased Equipment: If you elect to lease Equipment
from KyLinTV (the “Leased Equipment”), you agree to pay a refundable
one-time deposit for each Equipment set that you lease (the “Equipment
Deposit”) equal to the amount of (i) fifty US dollars ($50 USD) if your
designated form of payment is credit card; or (ii) ninety-nine US
dollars ($99 USD) if your designated form of payment is other than
credit card. KyLinTV will charge your account for the applicable
Equipment Deposit at the time the order is received.
C. KyLinTV Property; Return of Leased Equipment: All
Leased Equipment remains the property of KyLinTV. You must return all
Leased Equipment directly to KyLinTV’s designated return address at
your own cost within ten (10) business days upon termination or
cancellation of the Services or upon receiving KyLinTV’s notice of
revoking the grant of Additional Equipment (herein defined in Section
6D). If the Leased Equipment is returned on time and in good working
condition, KyLinTV will refund to your designated credit card account
or other payment method the amount of the original Equipment Deposit(s)
you paid. You need to keep the tracking number provided by the delivery
service you use (for example, the UPS tracking number) as evidence of
your compliance with your obligation to return the Leased Equipment.
You agree to bear any additional costs incurred by KyLinTV to insure
return of the Leased Equipment. Failure to timely return the Leased
Equipment after the end of your subscription including whether the
Equipment is lost (through theft or otherwise) or destroyed (through
accident, act of God or otherwise) will result in (for each Leased
Equipment not returned): (i) forfeiture of the applicable Equipment
Deposit, (ii) a charge for the difference between the-then market price
of the Equipment (currently $99 USD per Equipment set with tax
applicable) and the Equipment Deposit you paid and (iii) KyLinTV will
initiate the collection procedure and the Late Payment Charge set out
in Section 8.
D. Additional Equipment:We may allow you to place up to
three additional Equipment sets on your account in our sole discretion
(the “Additional Equipment”). Each Additional Equipment will be
authorized to receive the same Services as your initial Equipment set.
You understand that this option is only available if your initial
Equipment set and any Additional Equipment set(s) are located at the
same residence registered with your account and are continuously
connected to the same IP address as you use for the initial Equipment
set; any usage outside the conditions set out above may result in the
suspension of access to Services for all of the Equipment sets. Unless
otherwise specified in the terms and restrictions, if any, applicable to
the promotion(s) pursuant to which you are receiving Services and/or
Equipment, KyLinTV will charge you an Equipment Deposit for each
Additional Equipment pursuant to Section 6B. You will also need to pay
each month an Additional Equipment Service fee equal to five dollars
ninety-nine cents US dollar ($5.99 USD) and tax application for each
Additional Equipment set you activate under the account in addition to
the subscription fees you pay for the initial Equipment set, regardless
of whether it is a Monthly Subscription, Multi-month Subscription or
Prepaid Subscription. The charges of VOD by usage through all the
Equipment you order will be merged and listed together on your monthly
statement. If you wish to receive Services at two different residential
locations, you must open a separate account for each location. KyLinTV
reserves the right to revoke the grant of Additional Equipment(s) if
KyLinTV reasonably believes that you fail to meet the conditions set
out above. In that event, you agree to return the Additional Equipment
set(s) within ten (10) business days upon KyLinTV’s notice and, in
addition to all other applicable fees, you agree to pay KyLinTV the
difference between the amounts actually received by us and the full
retail price KyLinTV is entitled to charge for the Services at the
separate location and the amount actually received by KyLinTV.
E. Care of KyLinTV Property: You agree that neither
you nor any other person (except KyLinTV's authorized personnel) will
open, tamper with, service, repair, maintain, make any alterations to,
or remove any part from any Leased Equipment from its initial
installation. Any alteration, tampering, removal, etc., or the use of
Leased Equipment which permits the receipt of Services without
authorization or the receipt of Services to an unauthorized number of
outlet, or to an unauthorized location is regarded by KyLinTV to be
theft of Services and is prohibited. During the Term of the Agreement,
no right of lien and retention by third parties over the Leased
Equipment is allowed.
F.You agree that, you will not try to
reverse-engineer, decompile or disassemble any software or hardware
contained within any Equipment provided by KyLinTV. Such actions are
strictly prohibited and may result in the termination of this
Agreement, disconnection of your Services and/or legal action.
PC Access:
With subscription to any Base Channel Package, you may
purchase access to the KyLinTV PC platform (the “PC Access”), including
access to iPad® tablet PC device, for the same Services as on your
Equipment with a monthly prepaid access fee of $6.99 USD each (“PC
Access Fee”) and tax applicable (for clarity, based on the distribution
rights agreements between KyLinTV and its channel partners, the
Service you receive on the PC may be slight different from the one you
receive on Equipment). You understand and agree that only one access to
PC per account is permitted at the same time. The charges of VOD by
usage you order through all the Equipments and PC platform will be
merged and listed together in your monthly statement. You may cancel
your PC Access at any time by calling KyLinTV’s customer service (as
set out in Section 22).
Late Payment: If you delay payment, KyLinTV will
send you a reminder or call you, and may temporarily disconnect you
to the Services. The Services may be reinstated after you paid in full
the amount demanded by KyLinTV. If you delay your payment for one (1)
month from the date of billing, or there is non-payment as set out in
Section 5C, KyLinTV will initiate the collection procedure and may
charge you a Late Payment Charge of twenty-five US dollars ($25 USD)
and tax applicable. As the case may be, a further reactivation fee of
-five US dollars ($25 USD) and tax applicable may also apply to unlock
your account. You agree that in case of late payment or nonpayment for
any Services ordered by you or for any of the charges stated above,
KyLinTV, in its sole discretion, may report such late payment or
non-payment to reporting agencies.
Renewal: You may change your subscription in
accordance with Section 10 of this Agreement or cancel the Services in
accordance with Section 12. If you do not choose either of the actions
as instructed in each section, the Monthly Subscription will
automatically be renewed each month at the then prevailing subscription
fee for the same package; Multi-month Subscription and Prepaid
Subscription will automatically renew on a monthly basis (“Renewed
Subscription”) at the completion of the mandatory subscription period
for the same package at the then prevailing monthly subscription fee of
that package. The subscription fee will be charged in accordance with
Section 5(D)(i).
Subscription Plan Changes: A. With Leased Equipment: i. Changing from Monthly Subscription to Prepaid Subscription or Multi-month Subscription
can be done at any time upon your request. Requests will be processed
by the close of the next business day or before the starting date of
the Prepaid Subscription. KyLinTV will credit to you a pro-rated fee
for the partial month and charge your designated credit card for the
new Prepaid Subscription fee according to Section 5(D) (iii) or for
Multi-month Subscription fee according to Section 5(D) (ii).
ii.Unless otherwise provided in the terms and restrictions of the Promotional Plan(s),
changing from Prepaid Subscription to Monthly Subscription or
Multi-month Subscription or new Prepaid Subscription of a different
channel package requires you to notify KyLinTV at least thirty
(30) days prior to the expiration of the existing Prepaid
Subscription. At the expiration of the existing Prepaid Subscription,
you will be billed for the subscription fee of the new Prepaid
Subscription or Monthly Subscription or Multi-month Subscription of
channel package according to Section 5(D).
iii.Unless otherwise specified in promotion terms of the Promotional Plan,
changing from Multi-month Subscription to Prepaid Subscription or
Monthly Subscription prior to the completion of the mandatory
commitment period is generally not allowed. However, you may upgrade from Multi-month Subscription to Prepaid Subscription from
the 13th month of the Multi-month Subscription commitment period. Your
Request will be processed by the close of the next business day or
before the starting date of the Prepaid Subscription and the charges
for the prepaid plan of new package you change to will be due
immediately.
B. With Purchased Equipment: i. Changing Subscription between monthly Channel Package Plans can
be done at any time upon your request. Requests will be processed by
the close of the next business day. KyLinTV will bill you for the new
package according to Section 5(D) (i).
Suspension: A. With Leased Equipment: You may request suspension
of your subscription up to a maximum period of six (6) consecutive
whole months at a suspension fee (“Suspension Fee”) of five US dollars
($5.00 USD) and tax applicable per month per account. The minimum period
for suspension is one (1) month and the maximum is six (6) months
within a twelve (12) months period. You must specify the suspension
start month and duration in whole months at the time of request. You
will be charged in advance the one-time non-refundable Suspension Fee
at the time of request for the number of months requested. Services
will be stopped from the date you specify and will be automatically
reactivated at the end of the suspension period. For clarity, the
suspension period does not count as part of a subscription period.
i. For Monthly Subscriptions and Multi-month Subscription, there
will be no monthly subscription fee, apart from the monthly Suspension
Fee, for the number of months requested beginning with the next
billing cycle following the suspension start date; however, in the
billing cycle immediately following the suspension start date there
will be a charge for any applicable VOD viewing fees for titles viewed
in the prior billing cycle.
ii. For Prepaid Subscriptions, you agree that there
will be an extension of the subscription period of Prepaid Subscription
by the number of elapsed months specified at the time of suspension. In
addition, if you subscribe to the Base Channel Packages, there will be
a charge in the calendar month immediately following the suspension
start date for any applicable VOD viewing fees for titles viewed in the
prior month. B. Suspension is not available to customers with Purchased Equipment.
Cancellation:
A. With Leased Equipment:
i. Monthly Subscriptionof the VOD Package and Premium package and the Renewed Subscription
can be cancelled for any reason at any time by notifying us at
1-877-888-8598. The cancellation will take effect on the 1st day of
your next billing cycle. In the event that your account is cancelled,
fees for all VOD movies and TV drama episodes viewed before the
termination of the Service will be due immediately and be charged on
your designated form of payment.
ii.You may cancel the Multi-month Subscription for
any reason at any time by notifying us at 1-877-888-8598. If you cancel
the Service prior to the completion of the mandatory commitment
period, you will be charged a cancellation fee equal to twelve US
dollars (USD $12) multiplying the months remaining in your term
commitment (maximum US$288). The cancellation will take effect on next
business day. In the event that your account is cancelled, the
cancellation fee, fees for all VOD movies and TV drama episodes viewed
before the termination of the Service will be due immediately and be
charged on your designated form of payment.
iii. You can cancel the Prepaid Subscription
at any time by notifying us at 1-877-888-8598. If you terminate your
subscription prior to the completion of the mandatory subscription
period, KyLinTV will not pro-rate, nor refund to you the subscription
fees of the Prepaid Subscription you ordered.
iv. You may cancel the PC Access at
any time by notifying us at the customer service number. The prepaid
PC Access fee of the month will be refunded to your account on prorated
basis. The cancellation will take effect on the 1st day of your next
billing cycle.
B. With Purchased Equipment:
i.You may cancel the Monthly Subscription,
for any reason at any time by notifying us at 1-877-888-8598. The
cancellation will take effect on the 1st day of the following billing
cycle. In the event that your account is cancelled, all VOD movies and
TV drama episodes viewed before termination of the Service will be
charged. Please note, each time you reactivate the Service after
cancellation, you will be subject to a reactivation fee of twenty-five
US dollars (USD $25) and tax applicable.
ii.You may cancel the PC Access at any time by
notifying us at the customer service number. The prepaid PC Access Fee
of the month will be refunded to your account on prorated basis. The
cancellation will take effect on the 1st day of the following billing
cycle.
Disruption of Services: You agree that in no
event shall KyLinTV be liable for any failure or interruption of
program transmissions or Services resulting in part or entirely from
circumstances beyond KyLinTV's reasonable control. Subject to applicable
law, credit will be given for qualifying outages. In any event, if
there is a known program or service interruption in excess of 24
consecutive hours (or in excess of such lesser time period pursuant to
state law), you shall prompt notify of such failure or interruption to
KyLinTV and KyLinTV may either provide you with a pro-rata credit
relating to such failure or interruption or, at its discretion, in lieu
of the credit provide alternative programming during any program
interruption. You agree that KyLinTV shall not be liable for any
incidental or consequential damages.
Repair of Leased Equipment:KyLinTV will repair
and/or replace defective Leased Equipment as long as such damage was
not caused by your misuse or other improper operations or handling. A
service charge may be imposed if damage to Leased Equipment is due to
your negligent use or abuse or if no fault is discovered in KyLinTV's
system or Equipment. In addition, an Equipment charge may be imposed
for the repair or replacement of any lost, stolen or damaged KyLinTV
Leased Equipment. KyLinTV makes no warranties, with respect to KyLinTV
Leased Equipment or Services provided by KyLinTV or with respect to the
Equipment's compatibility with any Customer-owned equipment. TO THE
FULLEST EXTENT ALLOWED BY LAW, KYLINTV EXPRESSLY GIVES NO AND EXCLUDES
OTHER WARRANTIES, TERMS, OR CONDITIONS, EXPRESS OR IMPLIED, EITHER IN
FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE.
KyLinTV Purchased Equipment Warranty: A. KyLinTV warrants to you that the Purchased
Equipment will be free from defects in workmanship and materials, under
normal use and service, for one year from your date of purchase. You
agree that KyLinTV's sole obligation under this express warranty shall
be, at KyLinTV's option and expense, to repair the defective Purchased
Equipment or part, deliver to you equivalent Equipment or part to
replace the defective item, or if neither of the two foregoing options
are reasonably available, KyLinTV may, on its sole discretion, refund
to you the purchase price paid for the defective Purchased Equipment.
Purchased Equipment or part that is replaced will become the property
of KyLinTV. Replaced Purchased Equipment or parts will be free from
defects in workmanship and materials, under normal use and service and
may be new or reconditioned. KyLinTV warrants any replaced or repaired
Purchase Equipment or part for ninety (90) days from shipment, or the
remainder of the initial warranty period, whichever is longer.
B. You shall promptly notify KyLinTV for warranty
claims that Purchased Equipment is non-conforming to obtain a “Return
Materials Authorization” number and return shipping information. Upon
receipt and verification of non-conformity, KyLinTV will ship the
repaired or replaced Purchased Equipment to you.
C.KyLinTV will not be liable under this limited
warranty if its testing and examination disclose that the alleged
defect or malfunction in the Purchased Equipment does not exist or
results from: (i) failure to follow KyLinTV's installation, operation,
or maintenance instructions; (ii) unauthorized product modification or
alteration; (iii) abuse, misuse, negligent acts or omissions of yourself
and persons under your control; or acts of third parties, acts of God,
accident, fire, lightning, power surges or outages, or other hazards.
D. YOU ACKNOWLEDGE AND AGREE THAT IF PURCHASED EQUIPMENT
DOES NOT OPERATE AS WARRANTED ABOVE, YOUR SOLE REMEDY FOR BREACH OF
THAT WARRANTY SHALL BE REPAIR, REPLACEMENT, OR REFUND OF THE PURCHASE
PRICE PAID, AT KYLINTV'S OPTION. TO THE FULLEST EXTENT ALLOWED BY LAW,
THE FOREGOING WARRANTIES AND REMEDIES ARE EXCLUSIVE AND ARE IN LIEU OF
ALL OTHER WARRANTIES, TERMS, OR CONDITIONS, EXPRESS OR IMPLIED, EITHER
IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING
WARRANTIES, TERMS, OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, SATISFACTORY QUALITY, CORRESPONDENCE WITH
DESCRIPTION, AND NON-INFRINGEMENT, ALL OF WHICH ARE EXPRESSLY
DISCLAIMED. KYLINTV NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO
ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH THE SALE,
INSTALLATION, MAINTENANCE OR USE OF ITS PRODUCTS.
Communication Charges: In order to receive
Services from KyLinTV, you agree that you are responsible for obtaining
and maintaining at your own expense all equipment and services needed
to access KyLinTV Services. You also agree to bear any communication
charges incurred by accessing KyLinTV Services through a third-party
network, such as a cable or wireless carrier or your Internet service
provider.
Your Property: KyLinTV assumes no responsibility
for the maintenance or repair of equipment you use, including but not
limited to any television set, personal computer, iPad® tablet PC
device, VCR or other video equipment, remote control, wireless card,
and stereo or other audio equipment. You shall be responsible for the
repair and maintenance of any equipment you use.
Access to Customer Premises: When you elect
onsite technical support (if available), you agree to provide KyLinTV's
representatives with access at reasonable times to your premises to
install, remove, repair, inspect and maintain the Equipment. Where
necessary, you must also obtain permission from third parties (as the
landlord for example) for the planned installation work before the
KyLinTV onsite technical support is carried out.
Your Privacy:
A. KyLinTV maintains your personal identification information
for the purpose of account management, billing and collection matters,
customer support and service management. You agree that KyLinTV may
also aggregate anonymous, non-personal information for reporting and
analysis purposes related to your viewing and usage of KyLinTV
Services.
B. You agree that KyLinTV may record your conversations with
KyLinTV call center representatives for the purpose of tracking records
and improvement of our Customer Service customer service.
Reproduction of Programs:You agree that the
programs provided by KyLinTV will be utilized solely for your personal,
non-commercial use and will not be duplicated except in compliance
with applicable law. If we reasonably believe you have misused the
Service, we may take immediate action to disconnect you from the
Services or terminate your agreement with us, without limiting our
rights or remedies under this Agreement and applicable laws and KyLinTV
reserves the rights to take legal actions for breach of copyright
terms of any program reproduced, or inform the copyright holder of the
breach.
KyLinTV's Rights:
A. KyLinTV has no obligation to monitor content or Services
accessible by means of the KyLinTV Equipment or wireless adaptor.
However, you acknowledge and agree that KyLinTV has the right to
monitor content from time to time and to disclose any information as
necessary to satisfy any law or regulation to operate its programming
properly, or to protect itself or its customers.
B. KyLinTV shall have the right to determine in its sole
discretion what constitutes a "misuse" or "commercial use" of KyLinTV's
Equipment and Services.
Customer Service: If you have any technical faults and
administration questions or want to request any changes in your KyLinTV
account, you may contact KyLinTV customer service. The contact
information of KyLinTV is available at http://www.kylintv.com/kylintv/page/contact-us .
Assignment or Transfer:This Agreement and the Leased Equipment are not assignable or otherwise transferable by you.
Breach of Agreement:KyLinTV, at its option, may
suspend or terminate the Services and remove the Leased Equipment
without notice if: (i) you break any terms or conditions of this
Agreement or make a material misstatement in any information supplied to
us; or (ii)you fail to pay the payment due for the Services within the
time allowed; or (iii) if for reasons outside KyLinTV’s control,
KyLinTV cannot continue to provide the Services; or (iv) if you are
involved in unlawful copying or infringement of the content of any of
the Services. KyLinTV’s failure to remove such Equipment shall not be
deemed abandonment thereof. You agree to pay for reasonable legal and
attorney's fees to KyLinTV in the event that KyLinTV shall find it
necessary to preserve and protect its rights under this Agreement.
Programming: All programming, program services,
program packages, number of channels, channel allocations and broadcast
channels are at the sole discretion of KyLinTV and are subject to
change at any time in accordance with applicable law. You may find the
information about latest version of packages and channels available at: http://www.kylintv.com.
Disclaimer: A.KyLinTV assumes no
liability to you for any program or information distributed over the
system unless locally produced by KyLinTV. KyLinTV shall not be
responsible for any products, merchandise or prizes promoted on or
purchased through the use of the system, unless such product,
merchandise or prizes are provided directly by KyLinTV. B.The contents displayed in the “Free Internet Video”
section (“Free Internet Contents”) are provided by third party
distributors free of charge on the public Internet. By clicking the
“continue” button displayed in the “Free Internet Video” section, you
will be re-directed to the Free Internet Contents service provided by
third party websites that are not related to KyLinTV. The speed and
picture quality of Free Internet Contents depend on the service of the
third party and the Internet speed allowed by your Internet service
provider. KyLinTV does not guarantee the service and quality of any
Free Internet Contents. KyLinTV is not responsible for any product or
information at the third party website, nor is KyLinTV liable for any
services or content on the third party websites. The third party
website may have a privacy policy that is different than that of
KyLinTV’s and that may provide less security; please consult the third
party website's privacy policy for further information. C. Adaptive Streaming:KyLinTV utilizes adaptive
streaming technology by default which will automatically adapt the best
picture quality based on your detected Internet speed. Please note, if
your Internet service provider imposes additional charges above a
limited amount of data, you should manually adapt the picture quality
by accessing the “Setting” section of your account to better adjust
your data use. For more information, please contact us at
1-877-888-8598.
Limitation of Liability: KyLinTV aims to provide a
continuous, high-quality service, but KyLinTV does not warrant that
the Services or Equipment will perform at a particular speed or will be
uninterrupted, or error-free. The Services can vary depending on
location, line quality, inside wiring, Internet traffic, and other
factors beyond the control of KyLinTV. To the fullest extent permitted
in law, in no event shall KyLinTV (or its officers, employees, parent,
subsidiaries, or affiliates), its third party licensors, providers or
suppliers, be liable for: (i) any direct, indirect, special,
consequential or incidental damages, including without limitation, lost
profits or loss of revenue or damage to data arising out of the use,
partial use or inability to use the Services, regardless of the type of
claim or the nature of the cause of action, including without
limitation, those arising under contract, tort, negligence or strict
liability, even if KyLinTV has been advised of the possibility of such
claim or damages, or (ii) any claims against you by any other party.
Severability:If any part, term or provisions of
this Agreement is found to be illegal or unenforceable by the court,
the remainder of this Agreement shall continue to govern KyLinTV’s
provision of the Services to you.
Choice of Law: You and KyLinTV agree that this
Agreement, and any supplements, modifications, addendums and any other
change, and the relationship it creates between you and KyLinTV, shall
be construed by and governed by in accordance with the Federal laws of
the United State and the State laws of the State of New York without
reference to its principles of conflicts of law.
Glossary
"Base Channel Package"shall mean a Channel Package(s)
which are requires to be ordered before the Premium Package Service and
Video on Demand (VOD) Service are available. It includes KyLinTV Basic
Package; Taiwan Package; Great Wall TV Package; KyLinTV Basic + Taiwan
Package; KyLinTV Basic + Great Wall Package; KyLinTV Super Package and
China TV Select Package (Canada Only).
"Premium Package"shall mean the Add-on Channel
Packages which is available only with order of one of the Base Channel
Packages, excluding VOD Packages. It includes but not limited to
Phoenix TV Package, ETTV America Package, CTI Zhong-Tian Package,
Religious Option, STAR TV Premium Package and English Channel Select
Package.
"VOD Packages" shall mean the Video on Demand Package(s)
which is available only with order of one of the Required Packages. It
includes but not limited to Happy Kids VOD Package and Select VOD
Package.
"Promotional Plans" shall mean the special packages
launched for a limited time promotion which have strict provisions of
qualification, a minimum mandatory subscription period and benefits
exclusively for qualified subscribers.
iPad® and PayPal® are the registered trademarks of Apple Inc. and PayPal, Inc. respectively.
For iPad® ONLY Service in United States and Canada
Agreement: This Agreement sets out how KyLinTV
Inc. ("KyLinTV") will provide the access to KyLinTV IPTV broadcasts,
Video on Demand ("VOD") and video related services (the "Services") to
you (the "Agreement") on KyLinTV for iPad® in United States and Canada.
For purpose of this Agreement, "you" and "your" shall refer to the
individual who wishes to use the Services. By (i) your submission of an
online order; (ii) your acceptance of the Terms of Service
electronically during registration; (iii) your use of Services, you
agree to be bound by this Agreement, including future revisions. Any
specific terms, conditions, instructions or service limits relating to
the Services that you chose in your KyLinTV subscription package will be
treated as part of this Agreement.
Authorized User, Use, and Responsibility:
A. You must be 18 years of age or older and have the legal authority
to enter into this Agreement. You affirm that the information you
supplied is correct and complete.
B. You understand that all information provided by you will be relied
upon by KyLinTV for the provision of Services thus shall be true and
accurate. You agree that KyLinTV may disable or terminate the Services
in the event that you provide false or incorrect information. You shall
promptly notify KyLinTV whenever your personal information or billing
information changes includes but not limited to, your name, email
address, address, telephone number, and credit card information).
C. You agree to use the Services for personal use only and in
compliance with the then current KyLinTV Authorized Use Policy and any
applicable laws and regulations. You understand that any use of KyLinTV
Service for commercial purpose is prohibited.
D. You accept that KyLinTV considers anyone using the Services with
your user name and password to be authorized by you (unless evidences
support otherwise) and you must pay all charges due from that use.
Term: This Agreement goes into effect upon your
acceptance of this Agreement and shall continue until canceled or
terminated by either party as permitted by this Agreement.
Payment of Charges: A. The current effective subscription fees for KyLinTV for iPad® only packages are set out at http://www.kylintv.com.
B. You agree to pay all charges for the Services,
including any charges for late payment. The method of payment will be
either as set out in this Agreement or as we otherwise agree with you.
C. You agree to provide KyLinTV with a valid major
credit card as the designated form of payment at initial sign-up, and
will maintain the validity of the credit card information while your
subscription is active unless we otherwise agree upon.
D. Authorization: You agree to authorize KyLinTV to
automatically charge your designated credit card for the following types
of fees (including tax applicable):
i. Subscription Fee: For subscription to any Monthly plan of Base
Channel Package, and VOD Package (collectively the "Monthly
Subscription"), you will be charged at the beginning of each billing
cycle for the balance of that month's subscription fee and taxes
applicable. Billing for new Monthly Subscriptions will begin on the
fifth (5) days after the date KyLinTV receives and processes the new
order. Accordingly, your billing cycle will start on the Billing Start
Date of each calendar month.
ii. Late Payment Charge: as set forth in Section 6.
iii. Suspension Fee: as set forth in Section 9.
E. Dispute of Charges: Your monthly statement of
KyLinTV Services will be available online through your KyLinTV account.
If there is any dispute item in the statement, you shall notify KyLinTV
of such disputed items within thirty (30) days of receipt, or such
greater amount of time as permitted by law. Failure to timely notify us
of a dispute shall constitute your acceptance of the corresponding bill.
Undisputed portions of a billing statement must be paid before the next
billing statement is issued or you agree to pay a Late Payment Fee as
described in Section 6. Disputes can be filed either by calling KyLinTV
at 1-877-888-8598 or sending e-mail to info@KyLinTV.com. Please retain
your proof of filing a dispute claim.
F. You agree that KyLinTV is not responsible for any charges or
expenses (e.g., for overdrawn accounts, exceeding credit card limits,
etc.) resulting from charges billed by KyLinTV. If the charge
transaction against your designated credit card is refused by the
merchant account for any reason (card expired, insufficient credit
limit, etc.), KyLinTV will suspend the Services until you pay all
amounts due upon demand by KyLinTV.
G. Customer Reaffirmation: Every time you use KyLinTV Services, you
reaffirm that (i) KyLinTV is authorized to charge your designated credit
card; (ii) KyLinTV may submit charges incurred under your account for
payment; and (iii) you will be responsible for such charges, even if
your Subscription is canceled or terminated.
Late Payment: If you delay payment, KyLinTV will
send you a notice via email or call you and temporarily disconnect you
to the Services. The Services will be reinstated soon after you pay in
full the amount demanded by KyLinTV. If you delay your payment for one
(1) months from the date of billing, KyLinTV will initiate the
collection procedure and charge you a late payment charge of twenty-five
US dollars ($25 USD) (the "Late Payment Charge") by way of compensation
to KyLinTV for breaching the terms of this Agreement. You agree that in
the case of late payment or nonpayment for any Services ordered by you
or for any of the charges stated above, KyLinTV, in its sole discretion,
may report such late payment or nonpayment to credit reporting
agencies.
Renewal: You may change your subscription in
accordance with Section 8 of this Agreement or cancel the Services in
accordance with Section 10. If you do not choose either of the actions
as instructed in each section, Monthly Subscription will automatically
be renewed each month at the then prevailing subscription fee for the
same package.
Subscription Plan Changes: You may change from
existing channel package to a new channel package any time by calling
our customer service number. Requests will be processed by the close of
the next business day. KyLinTV will credit you a pro-rated fee for the
partial month and charge your designated credit card for the new
subscription fee of the new channel package according to Section 5Di.
Suspension: You may request suspension of your
subscription up to a maximum period of six (6) consecutive whole months
at a suspension fee ("Suspension Fee") of five US dollars ($5.00 USD)
per month per account. The minimum period for suspension is one (1)
month and the maximum is six (6) months within a twelve (12) months
period. You must specify the suspension start month and duration in
whole months at the time of request. You will be charged in advance the
one-time non-refundable Suspension Fee at time of request for the number
of months requested. Services will be stopped from the date you
specified and will be automatically reactivated on the date you
requested to activate. There will be no monthly subscription fee, apart
from the monthly Suspension Fee, for the number of months requested
beginning with the next calendar month following the suspension date.
Cancellation: You may cancel Monthly Subscription
for any reason at any time by notifying us at 1-877-888-8598. You still
must pay all outstanding balances accrued, including without limitation,
any applicable fees. Charges for the Services, once charged to your
account, are non-refundable, and no refund or credit will be provided in
connection with the cancellation of the Service.
Disruption of Services: You agree that in no event
shall KyLinTV be liable for any failure or interruption of program
transmissions or Services resulting in part or entirely from
circumstances beyond KyLinTV's reasonable control. Subject to applicable
law, credit will be given for qualifying outages. In any event, if
there is a known program or service interruption in excess of 24
consecutive hours (or in excess of such lesser time period pursuant to
state law), you shall prompt notify of such failure or interruption to
KyLinTV and KyLinTV may either provide you with a pro-rata credit
relating to such failure or interruption or, at its discretion, in lieu
of the credit provide alternative programming during any program
interruption. You agree that KyLinTV shall not be liable for any
incidental or consequential damages.
Communication Charges: In order to receive
Services from KyLinTV, you agree that you are responsible for obtaining
and maintaining at your own expense all equipment and services needed to
access KyLinTV Services. You also agree to bear any communication
charges incurred by accessing KyLinTV Services through a third-party
network, such as a cable or wireless carrier.
Customer Property: KyLinTV assumes no
responsibility for the maintenance or repair of equipment you provided,
including but not limited to iPad, modem and router. You shall be
responsible for the repair and maintenance of any equipment you
provided.
Customer Privacy: A. KyLinTV maintains your
personal identification information for the purpose of account
management, billing and collections, customer support and service
management. You agree that KyLinTV may also aggregate anonymous,
non-personal information for reporting and analysis purposes related to
your viewing and usage of KyLinTV Services.
B. You agree that KyLinTV may record your conversations with KyLinTV
call center representatives for the purpose of tracking records and
improvement of our Customer Service.
Reproduction of Programs: You agree that the
programs provided by KyLinTV will be utilized solely for your personal,
non-commercial use and will not be duplicated except in compliance with
applicable law. If we reasonably believe you have misused the Service,
we may take immediate action to disconnect you to the Services or
terminate your agreement with us, without limiting our rights to
remedies under this Agreement and applicable laws.
KyLinTV's Rights:
A. KyLinTV has no obligation to monitor content or Services
accessible by means of the iPad service. However, you acknowledge and
agree that KyLinTV has the right to monitor content from time to time
and to disclose any information as necessary to satisfy any law or
regulation to operate its programming properly, or to protect itself or
its Customers.
B. KyLinTV shall have the right to determine in its sole discretion what
constitutes an "inappropriate" or "commercial use" of KyLinTV's
Services.
Customer Service: If you have any technical faults
and administration questions or want to request any changes in your
KyLinTV account, you may contact us at 1-877-888-8598. The contact
information of KyLinTV is also available at http://www.kylintv.com/kylintv/page/contact-us.
Assignment or Transfer: This Agreement is not assignable or otherwise transferable by you.
Breach of Agreement: KyLinTV, at its option, may
suspend or terminate the Services without notice if: (i) you break any
terms or conditions of this Agreement or make a material misstatement in
any details supplied to us; (ii)you fail to pay the payment due for the
Services within 30 days after KyLinTV's written notice; (iii) if for
reasons outside KyLinTV's control, KyLinTV cannot continue to provide
the Services; or (iv) if you are involved in unlawful copying of content
of any of the TV Services. You agree to pay for reasonable attorney's
fees to KyLinTV in the event that KyLinTV shall find it necessary to
preserve and protect its rights under this Agreement.
Programming: All programming, program services,
program packages, number of channels, channel allocations and broadcast
channels are at the sole discretion of KyLinTV and are subject to change
at any time in accordance with applicable law. You may find the
information about latest version of packages and channels available at: http://www.kylintv.com.
Disclaimer: A. KyLinTV assumes no liability for any
program or information distributed over the system unless locally
produced by KyLinTV. KyLinTV shall not be responsible for any products,
merchandise or prizes promoted on or purchased through the use of the
system, unless such product, merchandise or prizes are provided directly
by KyLinTV.
B. Adaptive Streaming: In order to provide you with the best IPTV
experience, KyLinTV utilized the Adaptive Streaming technology by
default which will automatically adapt the best picture quality based on
your Internet speed. Please note, if your Internet service provider
imposed limitation of data allowance to the Internet service you
subscribed to, you are advised to manually adapt the picture quality by
accessing setting section of your account to better adjust your data
use. For more information, please call our customer service (as set
forth in Section 16).
Limitation of Liability: KyLinTV aims to provide a
continuous, high-quality service, but we do not warrant that the
Services provided by KyLinTV will perform at a particular speed or will
be uninterrupted, or error-free. The Services can vary depending on
location, line quality, inside wiring, Internet traffic, and other
factors beyond the control of KyLinTV. In no event shall KyLinTV (or its
officers, employees, parent, subsidiaries, or affiliates), its third
party licensors, providers or suppliers, be liable for: (i) any direct,
indirect, special, consequential or incidental damages, including
without limitation, lost profits or loss of revenue or damage to data
arising out of the use, partial use or inability to use the Services,
regardless of the type of claim or the nature of the cause of action,
including without limitation, those arising under contract, tort,
negligence or strict liability, even if KyLinTV has been advised of the
possibility of such claim or damages, or (ii) any claims against
Customer by any other party.
Severability: If any part, term or provisions of
this Agreement is found to be illegal or unenforceable by the court, the
remainder of this Agreement shall continue to govern our provision of
the Services to you.
Choice of Law: You and KyLinTV agree that this
Agreement, and any supplements, modifications, addendums and any other
change, and the relationship it creates between Customer and KyLinTV,
shall be construed by and covered under and in accordance with the laws
of the State of New York without reference to its principles of
conflicts of laws.
Glossary
"Base Channel Package" shall mean the packages which
are required to be ordered before availability of Premium Packages and
Video on Demand (VOD) Packages (defined hereinafter). It includes
KyLinTV Package; Taiwan Package; Great Wall Package; KyLinTV + Taiwan
Package; KyLinTV + Great Wall Package; KyLinTV Super Package; China TV
Select Package (Canada Only).
"VOD Packages" shall mean the Video on Demand
Packages which are available only with order of one of the Required
Packages. It includes but not limited to Happy Kids VOD Package and
Select VOD Package.
