Your use of TVFAN's products, software,
services and websites (referred to collectively as the “Services” in this document
and excluding any services provided to you by TVFAN under a separate written
agreement) is subject to the terms of a legal agreement between you and "TVFAN",
as used in this agreement means CloudBIZ OTT LTD (“TVFAN”). TVFAN's principal place
of business is at 20 Guild Road, London, United Kingdom, SE7 8HN. This
document explains how the agreement is made up, and sets out some of the terms of
that agreement.
“Services” include the following products
developed by TVFAN: TVFAN websites; TVFAN Android App; TVFAN App for TV’s;
TVFAN Uploader; TVFAN Android Lite App; TVFAN Backup; TVFAN Discovery and
TVFAN Discovery Launcher;
Unless otherwise agreed in writing with
TVFAN, your agreement with TVFAN will always include, at a minimum, the terms
and conditions set out in this document. These are referred to below as the
“Universal Terms”.
Your agreement with TVFAN will also
include the terms of any Legal Notices applicable to the Services, in addition to
the Universal Terms. All of these are referred to below as the “Additional Terms”.
Where Additional Terms apply to a Service, these will be accessible for you to read
either within, or through your use of, that Service.
The Universal Terms, together with the
Additional Terms, form a legally binding agreement between you and TVFAN in
relation to your use of the Services. It is important that you take the time to read
them carefully. Collectively, this legal agreement is referred to below as the
“Terms”.
If there is any contradiction between the
Additional Terms and the Universal Terms, then the Additional Terms shall take
precedence in relation to that Service.
Accepting the Terms
In order to use the Services, you must first
agree to the Terms. You may not use the Services if you do not accept the Terms.
You can accept the Universal Terms by:
Clicking to accept or agree to the
Terms, where this option is made available to you by TVFAN in the user
interface for any Service; or
By actually using the Services. In
this case, you understand and agree that TVFAN will treat your use of the
Services as acceptance of the Terms from that point onwards.
You may not use the Services and may not
accept the Terms if: (a) you are not of legal age to form a binding contract with
TVFAN, or (b) you are a person barred from receiving the Services under the laws
of the country in which you are resident or from which you use the Services.
Before you continue, you should print off or
save a local copy of the Universal Terms for your records.
Language of the Terms
Where TVFAN has provided you with a
translation of the English language version of the Terms, then you agree that the
translation is provided for your convenience only and that the English language
versions of the Terms will govern your relationship with TVFAN.
If there is any contradiction between the
English language version of the Terms and the translation, then the English language
version shall take precedence.
Provision of Services by TVFAN
By creating a user account for one of the
Services provided by TVFAN, you will have automatic access to all other Services
made available by TVFAN by logging-in into such Services using your account
details (username and password). As referred above, the use of each specific Service
may be subject to specific Terms which you will have to accept and comply with in
order to use such Service.
TVFAN Services enable you to access,
browse, download and purchase applications and other digital products for devices
running the Android operative system ("Apps"). Apps include any content, ads,
services, technology, data, in-app products and other digital materials included in
or made available through an App (including after you download it). Apps also
include any updates, upgrades and other changes and versions that you later use or
download from us. The party that provides an App to us for distribution is the
"Developer" of the App, which may be the developer, owner or - the person authorised
to distribute such App.
TVFAN may have subsidiaries and affiliated
legal entities around the world ("Subsidiaries and Affiliates"). Sometimes, these
companies will be providing the Services to you on behalf of TVFAN. You
acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide
the Services to you.
TVFAN is constantly innovating in order to
provide the best possible experience for its users. You acknowledge and agree that
the form and nature of the Services which TVFAN provides may change from time to
time without prior notice to you.
As part of this continuing innovation, you
acknowledge and agree that TVFAN may stop (permanently or temporarily) providing
the Services (or any features within the Services) to you or to users generally at
TVFAN’s sole discretion, without prior notice to you. You may stop using the
Services at any time. You do not need to specifically inform TVFAN when you stop
using the Services.
The software which you use to have access to
the Services may automatically download and install updates from time to time from
TVFAN. These updates are designed to improve, enhance and further develop the
Services and may take the form of bug fixes, enhanced functions, new software
modules and completely new versions. You agree to receive such updates (and permit
TVFAN to deliver these to you) as part of your use of the Services.
You acknowledge and agree that if TVFAN
disables access to your account, you may be prevented from accessing the Services,
your account details or any files or other content which is contained in your
account.
You acknowledge and agree that while TVFAN
may not currently have set a fixed upper limit on the number of transmissions you
may send or receive through the Services or on the amount of storage space used for
the provision of any Service, such fixed upper limits may be set by TVFAN at any
time, at TVFAN’s discretion.
Your passwords and account security
You agree and understand that you are
responsible for maintaining the confidentiality of passwords associated with any
account you use to access the Services.
Accordingly, you agree that you will be
solely responsible to TVFAN for all activities that occur under your account.
If you become aware of any unauthorized use
of your password or of your account, you agree to notify TVFAN immediately at [email protected].
Access to Apps
Apps may include offers for digital products
that are intended to be accessed or used within an App, such as additional or
enhanced functionality, media content, or subscription access to content or services
("In-App Products").
The Apps or In-App Products available via
the TVFAN Services are provided by the Developer, who determines if they are made
available at no charge or for a price. The Apps or In-App Products are sold to you
by the Developer. When you complete a purchase using TVFAN Services, TVFAN acts
in the capacity of an authorized commercial agent of the Developer to conclude the
sale of the App or the In-App Product. TVFAN is not a party to, and has no
responsibility for any payment or purchase transactions you make through an App.
Once you have purchased an App or an In-App
Product, we encourage you to download (if applicable) and access it promptly to be
sure you have received it. If you are unable to complete a download or access an App
or an In-App Product, please contact TVFAN customer service for assistance. You
bear responsibility for completing the download (if applicable) and for all risk of
loss after downloading or accessing the App or the In-App Product, including any
loss due to a mobile device malfunction. We will only accept refund requests made
within 24 hours after a purchase.
The Developer of an App may provide an
End-User License Agreement ("Developer’s EULA") with any App. TVFAN does not have
any responsibility or liability related to compliance or non-compliance by you or
the Developer under a Developer’s EULA. If the Developer does not make available a
Developer’s EULA, the following will constitute the entire EULA between the
Developer and you (the "Standard EULA"):
The Developer is the licensor of the
App.
If the App does not include a
Developer’s EULA that specifies license rights, Developer grants the end
user a limited, non-transferable license to download and use the App only
for personal and non-commercial purposes.
You may not modify, reverse
engineer, decompile or disassemble the App in whole or in part, or create
any derivative works from or sublicense any rights in the App, unless
otherwise expressly authorized in writing by Developer.
The App is protected by copyright
and other intellectual property laws and treaties. Unless otherwise
expressly stated in the Developer’s EULA, Developer or its licensors own all
title, copyright and other intellectual property rights in the App, and the
App is licensed, not sold.
The end user acknowledges and agrees
that TVFAN has no responsibility or liability with respect to your use of
the App or any content or functionality in the App.
If there are any conflicts between the
Developer’s EULA and the Standard EULA, then to the extent of such conflict, the
Standard EULA will control.
Use of the Services by You
You agree to use the Services only for
purposes that are permitted by: (a) the Terms and (b) any applicable law, regulation
or generally accepted practices or guidelines in the relevant jurisdictions. This is
applicable to any information that you may upload through the use of the Services,
including, but not limited to reviews or ratings.
If you intend to upload or otherwise making
available Apps or any other materials in the TVFAN Services, you must enter into
with TVFAN a distribution agreement.
You agree that you will not engage in any
activity that interferes with or disrupts the Services (or the servers and networks
which are connected to the Services).
Unless you have been specifically permitted
to do so in a separate agreement with TVFAN, you agree that you will not
reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
You agree not to access (or attempt to
access) any of the Services by any means other than through the interface that is
provided by TVFAN, unless you have been specifically allowed to do so in a
separate agreement with TVFAN. You specifically agree not to access (or attempt to
access) any of the Services through any automated means (including use of scripts or
web crawlers) and shall ensure that you comply with the instructions set out in any
robots.txt file present on the Services.
You are solely responsible for (and that
TVFAN has no responsibility to you or to any third party for) any breach of your
obligations under the Terms and for the consequences (including any loss or damage
which TVFAN may suffer) of any such breach.
Acceptable Use Policy
TVFAN, at its sole discretion and without
the consent of any other parties, reserves the right to distribute, withhold
distribution, and remove from distribution in the TVFAN App Store all Apps
submitted for distribution and being distributed. If an app meets all TVFAN
distribution policy requirements but it does not comply with the local laws or
customs of one or more countries in which the App is distributed, the App will not
be distributed in such countries.
If users find App content or functions to be
objectionable to users, to no longer comply with local laws, or to no longer comply
with TVFAN Terms, TVFAN may stop the distribution of the App.
You undertake not to upload or otherwise
make available Apps or any other materials, or use the Services for any illegal,
harmful, fraudulent, infringing or offensive use, or to transmit, store, display,
distribute or otherwise make available content that is illegal, harmful, fraudulent,
infringing or offensive.
Apps and other materials made available
while using the Services (“Content”) must comply with the following:
Sexual Content: Content cannot
contain or promote sexual content or profanity, including pornography, or
any content or services intended to be sexually gratifying. Content that
contains nudity may be allowed if the primary purpose is educational,
documentary, scientific or artistic, and is not gratuitous.
Child Endangerment: Content that
sexualizes minors, including but not limited to, Content that promotes
pedophilia or inappropriate interaction targeted at a minor (e.g. groping or
caressing) is not allowed.
Hate Speech: Content cannot promote
violence, or incite hatred against individuals or groups based on race or
ethnic origin, religion, disability, age, nationality, veteran status,
sexual orientation, gender, gender identity, or any other characteristic
that is associated with systemic discrimination or marginalization.
Violence: Content cannot depict or
facilitate gratuitous violence or other dangerous activities nor be related
to terrorism, such as content that promotes terrorist acts, incites
violence, or celebrates terrorist attacks. Content that depict fictional
violence in the context of a game, such as cartoons, hunting or fishing, are
generally allowed.
Dangerous Products: Content cannot
facilitate the sale of explosives, firearms, ammunition, or certain firearms
accessories or instructions for the manufacture of explosives, firearms,
ammunition, restricted firearm accessories, or other weapons.
Alcohol, tobacco and drugs: Content
cannot facilitate the sale alcohol, tobacco or drugs or encourage the
illegal or inappropriate use of alcohol or tobacco.
Financial Services: Content cannot
expose users to deceptive or harmful financial products and services.
Gambling: Content and services that
facilitate online gambling may be allowed to be distributed in certain
locations and if it meets certain requirements which are analysed on a
case-by-case basis and subject to applicable laws and other criteria.
(i)Illegal activities:
Content cannot promote or facilitate illegal activities.
Intellectual Property: Content
cannot violate intellectual property rights, including patent, copyright,
trademark, trade secret, or other proprietary right of any party or
encourage or induce infringement of intellectual property rights.
Privacy: Content must comply with
all applicable local laws, the European Union’s General Data Protection
Regulation (GDPR).
You also undertake not to upload or otherwise make available Apps or any other
materials that:
contain viruses, trojans, spyware,
adware, ransomware, rootkits, back doors, worms and any other malware or any
similar mechanism or device, or any other code designed or intended to have,
or intended to be capable of performing, any of the following functions: (a)
disrupting, disabling, harming, or otherwise impeding in any manner the
access to or the operation of, or providing unauthorized access to, a
computer system or network or other device on which such code is stored or
installed; or (b) accessing, copying, blocking, encrypting, damaging or
destroying any data or file, in each case, without the user’s consent.
harm user devices or personal
data.
create unpredictable network usage
that has an adverse impact on a user's service charges or an Authorized
Carrier's network.
knowingly violate an Authorized
Carrier's terms of service for allowed usage.
create a spammy user experience,
whether by posting repetitive content or misleading information about an
App's purpose.
In case TVFAN detects Content that does
not comply with these Terms, TVFAN may, without prejudice of TVFAN’s rights to
terminate any agreement with you, remove or disable access to such Content.
We may report any activity that we suspect
violates any law or regulation to appropriate law enforcement officials, regulators,
or other appropriate third parties. Our reporting may include disclosing appropriate
user information. We also may cooperate with appropriate law enforcement agencies,
regulators, or other appropriate third parties to help with the investigation and
prosecution of illegal conduct related to alleged violations of these Terms.
Purchasing agent & Subscription agent
TVFAN provides proxy purchasing and proxy subscription services for apps and in-app
products made available by third parties through the Services.
Allowing users to directly purchase apps or subscribe to paid services or
content within the TVFAN shop.
TVFAN is not the seller of such apps and in-app products, but only acts as a
purchasing agent and subscription agent on behalf of the user.
Proxy Mode: As we operate in a proxy mode, once the user completes a purchase or
subscription, TVFAN acts as the user's agent for the transaction. By agreeing to
these terms, the user authorizes TVFAN to make payments on their behalf and provide
the corresponding applications or paid services.
Purchase and Subscription: Users can directly purchase applications or subscribe to
paid services or content within the TVFAN store. Users are responsible for ensuring
the accuracy of their payment information and authorize TVFAN to process payments on
their behalf.
Refund Policy: Due to the proxy mode of operation, TVFAN does not support refunds.
Once a purchase or subscription is completed, the transaction is considered final
and cannot be revoked or refunded.
Limitation of Liability: TVFAN strives to ensure the accuracy and reliability of the
proxy purchase and proxy subscription services. However, TVFAN makes no express or
implied warranties regarding the quality, functionality, or suitability of the
applications or paid services. Users assume all risks associated with the use of the
applications or paid services.
User Responsibilities: Users must comply with applicable laws and regulations and
adhere to relevant provisions when using the proxy purchase and proxy subscription
services. Users shall not engage in illegal activities or infringe upon the rights
of others through the use of these services.
Service Changes: TVFAN reserves the right to modify or terminate the proxy purchase
and proxy subscription services at any time. TVFAN will make reasonable efforts to
notify users in advance and provide alternative solutions within a reasonable scope.
Intellectual Property: The intellectual property rights of the applications and paid
services belong to their respective owners. Users shall not infringe upon the
intellectual property rights of others in any way.
Privacy Protection: TVFAN will protect users' personal information in accordance
with applicable privacy policies. Users can learn more about this in TVFAN's privacy
policy.
Applicable Law and Dispute Resolution: These terms are governed by applicable laws.
Any disputes arising from these terms should be resolved through amicable
negotiations. If negotiations fail, the dispute should be submitted to a competent
court for resolution.
Content in the Services
You understand that all information (such as
data files, written text, computer software, music, audio files or other sounds,
photographs, videos or other images) which you may have access to as part of, or
through your use of, the Services are the sole responsibility of the person from
which such content originated. All such information is referred to below as the
“Content”.
You should be aware that Content presented
to you as part of the Services, including but not limited to Apps, advertisements in
the Services and sponsored Content within the Services may be protected by
intellectual property rights which are owned by the Developer, sponsors or
advertisers who provide that Content to TVFAN (or by other persons or companies on
their behalf). You may not modify, rent, lease, loan, sell, distribute or create
derivative works based on this Content (either in whole or in part) unless you have
been specifically told that you may do so by TVFAN or by the owners of that
Content, in a separate agreement.
TVFAN reserves the right (but shall have
no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or
all Content from any Service. The Apps made available through the Services originate
from Developers that use TVFAN Services, and not by TVFAN, and TVFAN does not
necessarily review such applications before being made available. For some of the
Services, TVFAN may provide tools to filter out explicit sexual content. These
tools include the option to turn Adult Content off. In addition, there are
commercially available services and software to limit access to material that you
may find objectionable.
The Trusted App sign you may encounter on
the TVFAN Services is only a reference to the use by TVFAN, in some selected
Content, of automatic tools that intend to prevent the spread of virus or malware;
it does not mean any review by TVFAN of the Content for any other purposes, namely
copyright infringement.
You understand that by using the Services
you may be exposed to Content that you may find offensive, indecent or objectionable
and that, in this respect, you use the Services at your own risk.
You are solely responsible for (and that
TVFAN has no responsibility to you or to any third party for) any Content that you
create, transmit or display while using the Services and for the consequences of
your actions (including any loss or damage which TVFAN may suffer) by doing so.
You may inform TVFAN of any infringements
of yours or any third party’s intellectual property rights or any other rights by
reason of the storage by TVFAN, at the direction of any user, of infringing
Content.
DMCA Notice of Alleged Infringement
(“Notice”): If you are a copyright owner, authorized to act on behalf of one, or
authorized to act under any exclusive right under copyright, please report alleged
copyright infringements taking place on or through the TVFAN Products by
completing a DMCA Notice of Alleged Infringement and delivering it to TVFAN’s
Designated Copyright Agent. Upon receipt of Notice as described below, TVFAN will
take whatever action, in its sole discretion, it deems appropriate, including
removal of the challenged content from the TVFAN Products. Please note that if you
fail to comply with all of the requirements of this section your DMCA notice may not
be valid.
Identify the copyrighted work that
you claim has been infringed, or - if multiple copyrighted works are covered
by your Notice - you may provide a representative list of the copyrighted
works that you claim have been infringed.
Identify the material or link you
claim is infringing (or the subject of infringing activity) and to which
access is to be disabled, including at a minimum, if applicable, the URL of
the link shown on the Site or the exact location where such material may be
found.
Provide your company affiliation (if
applicable), mailing address, telephone number, and, if available, email
address.
Include both of the following
statements in the body of the Notice:
"I hereby state that I have a
good faith belief that the disputed use of the copyrighted material is
not authorized by the copyright owner, its agent, or the law (e.g., as a
fair use)."
"I hereby state that the
information in this Notice is accurate and, under penalty of perjury,
that I am the owner, or authorized to act on behalf of, the owner, of
the copyright or of an exclusive right under the copyright that is
allegedly infringed."
Identify the copyrighted work that
you claim has been infringed, or - if multiple copyrighted works are covered
by your Notice - you may provide a representative list of the copyrighted
works that you claim have been infringed.
Deliver this Notice, with all items
completed, to TVFAN’s Designated Copyright Agent:
Copyright Agent: TVFAN Team
Organization: CloudBIZ OTT LTD
Address: 20 Guild Road, London, United Kingdom, SE7 8HN
E-mail: [email protected]
We may, in appropriate
circumstances, disable or terminate the accounts of users who may be
repeat infringers.
This process does not limit our ability to pursue any other remedies
we may have to address suspected infringement.
Personal Data
In order to access certain Services, you may
be required to provide information about yourself (such as identification or contact
details), or we may collect such information as part of the registration process for
the Service, or as part of your continued use of the Services. You agree that any
registration information you give to TVFAN will always be accurate, correct and up
to date. For more information about the collection, processing and storing of your
personal data, please consult our Privacy Notice, available
here.
You also agree that the information
collected, processed and stored by TVFAN in relation to you may be used by TVFAN
as a consideration of the provision of Services to you.
Proprietary rights
You acknowledge and agree that TVFAN (or
TVFAN’s licensors) own all legal right, title and interest in and to the Services,
including any intellectual property rights which subsist in the Services (whether
those rights happen to be registered or not, and wherever in the world those rights
may exist). You further acknowledge that the Services may contain information which
is designated confidential by TVFAN and that you shall not disclose such
information without TVFAN’s prior written consent.
Unless you have agreed otherwise in writing
with TVFAN, nothing in the Terms gives you a right to use any of TVFAN’s trade
names, trademarks, service marks, logos, domain names, and other distinctive brand
features.
If you have been given an explicit right to
use any of these brand features in a separate written agreement with TVFAN, then
you agree that your use of such features shall be in compliance with that agreement.
Other than the limited license set forth in
Section 10, TVFAN acknowledges and agrees that it obtains no right, title or
interest from you (or your licensors) under these Terms in or to any Content that
you submit, post, transmit or display on, or through, the Services, including any
intellectual property rights which subsist in that Content (whether those rights
happen to be registered or not, and wherever in the world those rights may exist).
Unless you have agreed otherwise in writing with TVFAN, you agree that you are
responsible for protecting and enforcing those rights and that TVFAN has no
obligation to do so on your behalf.
You agree that you shall not remove,
obscure, or alter any proprietary rights notices (including copyright and trade mark
notices) which may be affixed to or contained within the Services.
Unless you have been expressly authorised to
do so in writing by TVFAN, you agree that in using the Services, you will not use
any trademark, service mark, trade name, logo of any company or organization in a
way that is likely or intended to cause confusion about the owner or authorised user
of such marks, names or logos.
License from TVFAN
TVFAN gives you a personal, worldwide,
royalty-free, non-assignable and non-exclusive licence to use the software provided
to you by TVFAN as part of the Services as provided to you by TVFAN (referred to
as the “Software” below). This licence is for the sole purpose of enabling you to
use and enjoy the benefit of the Services as provided by TVFAN, in the manner
permitted by the Terms.
You may not (and you may not permit anyone
else to) copy, modify, create a derivative work of, reverse engineer, decompile or
otherwise attempt to extract the source code of the Software or any part thereof,
unless this is expressly permitted or required by law, by an open source license in
Software being distributed according with such license or unless you have been
specifically told that you may do so by TVFAN, in writing.
Unless TVFAN has given you specific
written permission to do so, you may not assign (or grant a sub-licence of) your
rights to use the Software, grant a security interest in or over your rights to use
the Software, or otherwise transfer any part of your rights to use the Software.
Content license from you
You retain copyright and any other rights
you already hold in Content which you submit, post or display on or through, the
Services. By submitting, posting or displaying the content you give TVFAN a
perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to
reproduce, adapt, modify, translate, publish, publicly perform, publicly display and
distribute any Content which you submit, post or display on or through, the
Services. This license is for the sole purpose of enabling TVFAN to display,
distribute and promote the Services and may be revoked for certain Services as
defined in the Additional Terms of those Services.
You agree that this licence includes a right
for TVFAN to make such Content available to other companies, organizations or
individuals with whom TVFAN has relationships for the provision of syndicated
services, and to use such Content in connection with the provision of those
services.
You understand that TVFAN, in performing
the required technical steps to provide the Services to our users, may: (a) transmit
or distribute your Content over various public networks and in various media; and
(b) make such changes to your Content as are necessary to conform and adapt that
Content to the technical requirements of connecting networks, devices, services or
media. You agree that this licence shall permit TVFAN to take these actions.
You confirm and warrant to TVFAN that you
have all the rights, power and authority necessary to grant the above licence.
Ending your relationship with TVFAN
The Terms will continue to apply until
terminated by either you or TVFAN as set out below.
If you want to terminate your legal
agreement with TVFAN, you may do so by: (a) notifying TVFAN at any time, by
sending a notice to the e-mail address [email protected],
and (b) closing your accounts for all of the Services which you use, by sending a
notice to the e-mail address [email protected].
TVFAN may at any time, terminate its legal
agreement with you if:
You have breached any provision of
the Terms (or have acted in manner which clearly shows that you do not
intend to, or are unable to comply with the provisions of the Terms); or
TVFAN is required to do so by law
(for example, where the provision of the Services to you is, or becomes,
unlawful); or
The partner with whom TVFAN
offered the Services to you has terminated its relationship with TVFAN or
ceased to offer the Services to you; or
TVFAN is transitioning to no
longer providing the Services to users in the country in which you are
resident or from which you use the service; or
The provision of the Services to you
by TVFAN is, in TVFAN’s opinion, no longer commercially viable.
Nothing in this Section shall affect
TVFAN’s rights regarding provision of Services under Section 4 of the Terms.
When these Terms come to an end, all legal
rights, obligations and liabilities that you and TVFAN have benefited from, been
subject to (or which have accrued over time whilst the Terms have been in force) or
which are expressed to continue indefinitely, shall be unaffected by this cessation.
EXCLUSION OF WARRANTIES
NOTHING IN THESE TERMS, INCLUDING SECTIONS
13 AND 14, SHALL EXCLUDE OR LIMIT TVFAN’S WARRANTY OR LIABILITY FOR LOSSES WHICH
MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR
EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT
OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY,
ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR
LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR
USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS"
AND “AS AVAILABLE.”.
IN PARTICULAR, TVFAN, ITS SUBSIDIARIES AND
AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
YOUR USE OF THE SERVICES WILL MEET
YOUR REQUIREMENTS,
YOUR USE OF THE SERVICES WILL BE
UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
ANY INFORMATION OBTAINED BY YOU AS A
RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
THAT DEFECTS IN THE OPERATION OR
FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL
BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND
THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER
DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM TVFAN OR THROUGH OR FROM THE SERVICES SHALL CREATE
ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
TVFAN FURTHER EXPRESSLY DISCLAIMS ALL
WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
LIMITATION OF LIABILITY
SUBJECT TO OVERALL PROVISION IN PARAGRAPH
15.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT TVFAN, ITS SUBSIDIARIES AND
AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
ANY INDIRECT, INCIDENTAL, SPECIAL
CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER
CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE
LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY),
ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST
OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
ANY LOSS OR DAMAGE WHICH MAY BE
INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
ANY RELIANCE PLACED BY YOU
ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS
A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY
ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
ANY CHANGES WHICH TVFAN
MAY MAKE TO THE SERVICES, OR FOR ANY
PERMANENT OR TEMPORARY
CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN
THE SERVICES);
THE DELETION OF, CORRUPTION
OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA
MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
YOUR FAILURE TO PROVIDE
TVFAN WITH ACCURATE ACCOUNT INFORMATION;(V) YOUR FAILURE TO KEEP
YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
THE LIMITATIONS ON TVFAN’S LIABILITY TO
YOU IN PARAGRAPH 16.1 ABOVE SHALL APPLY WHETHER OR NOT TVFAN HAS BEEN ADVISED OF
OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
Advertisements
Some of the Services are supported by
advertising revenue and may display advertisements and promotions. These
advertisements may be targeted to the content of information stored on the Services,
queries made through the Services or other information. For more information about
targeted advertisements, please consult our Privacy Notice.
The manner, mode and extent of advertising
by TVFAN on the Services are subject to change without specific notice to you.
Other content
The Services may include hyperlinks to other
websites or content or resources. TVFAN may have no control over any web sites or
resources which are provided by companies or persons other than TVFAN.
You acknowledge and agree that TVFAN is
not responsible for the availability of any such external sites or resources, and
does not endorse any advertising, products or other materials on or available from
such websites or resources.
You acknowledge and agree that TVFAN is
not liable for any loss or damage which may be incurred by you as a result of the
availability of those external sites or resources, or as a result of any reliance
placed by you on the completeness, accuracy or existence of any advertising,
products or other materials on, or available from, such web sites or resources.
General legal terms
Sometimes when you use the Services, you may
(as a result of, or through your use of the Services) use a service or download a
piece of software, or purchase goods, which are provided by another person or
company. Your use of these other services, software or goods may be subject to
separate terms between you and the company or person concerned. If so, the Terms do
not affect your legal relationship with these other companies or individuals.
The Terms constitute the whole legal
agreement between you and TVFAN and govern your use of the Services (but excluding
any services which TVFAN may provide to you under a separate written agreement),
and completely replace any prior agreements between you and TVFAN in relation to
the Services.
You agree that TVFAN may provide you with
notices, including those regarding changes to the Terms, by e-mail, regular mail, or
postings on the Services.
You agree that if TVFAN does not exercise
or enforce any legal right or remedy which is contained in the Terms (or which
TVFAN has the benefit of under any applicable law), this will not be taken to be a
formal waiver of TVFAN’s rights and that those rights or remedies will still be
available to TVFAN.
If any court of law, having the jurisdiction
to decide on this matter, rules that any provision of these Terms is invalid, then
that provision will be removed from the Terms without affecting the rest of the
Terms. The remaining provisions of the Terms will continue to be valid and
enforceable.
You acknowledge and agree that each member
of the group of companies of which TVFAN is the parent shall be third party
beneficiaries to the Terms and that such other companies shall be entitled to
directly enforce, and rely upon, any provision of the Terms which confers a benefit
on (or rights in favour of) them. Other than this, no other person or company shall
be third party beneficiaries to the Terms.
This Agreement will be governed by the laws of the United Kingdom. You consent to
the exclusive jurisdiction and venue of the courts in
London, United Kingdom.