TERMS OF SERVICE
Terms & Conditions
Updated last on 03-15-2018
Access to portions of the Site may require that you agree to additional terms (“Specific Terms”) that, together with these Terms will govern your use of the relevant Site portions. Any relevant Specific Terms will be provided to you before you will be granted first access. Your continued access shall constitute your continued acceptance to any relevant Specific Terms.
IMPORTANT! THESE TERMS AND ANY RELEVANT SPECIFIC TERMS GOVERN YOUR USE OF THE SITE AND OUR INTERNET-BASED SUBSCRIPTION MANAGEMENT AND BILLING SOFTWARE SERVICES (“Services”). THESE TERMS AND ANY RELEVANT SPECIFIC TERMS ARE SUBJECT TO CHANGE AT ANY TIME IN COMPANY’S DISCRETION AND YOU ARE ENCOURAGED TO REVIEW THE MOST CURRENT TERMS AND ANY RELEVANT SPECIFIC TERMS EACH TIME YOU VISIT. YOUR USE OF THE SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, DO NOT USE OR ACCESS THE SITE OR USE OUR SERVICES.
OWNERSHIP & LIMITED LICENSE
For so long as you are our customer and paying the Subscription Fees required by these Terms, FOS TV grants to you a non-exclusive right to use the Site and our Services, subject to the restrictions set forth in these Terms and any other restrictions communicated by us in writing. Nothing in these Terms shall prohibit FOS TV from furnishing our Services to others.
Subject to the limited rights expressly granted hereunder, we reserve all rights, title and interest in and to the Site and our Services, including all related intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without our express written consent. All rights reserved. You may not duplicate, copy or reuse any portion of the visual design elements without our express written consent.
RESTRICTIONS ON USE
You may use the Site only for purposes expressly permitted by the Site. You may not use the Site for any other purpose, including any other commercial purpose, without Company’s express prior written consent. For example, you may not (and may not authorize any other party to) co-brand the Site or frame the Site without the express prior written permission of an authorized representative of Company.
- By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. We expressly reserve the right (but do not have the obligation) to request proof of age, at any time;
- All information that you provide in your registration form for the purposes of establishing Your Account is true and correct and you will promptly notify us of any changes to such information;
- Your Account is for your sole use only and must not be used by any third party. You shall not allow any third party to use Your Account, password, Log-In or User ID to access or use the Site to arrange, enter, and/or participate in services, or for any other purposes. We take no responsibility for any third-party access to Your Account. You shall notify us promptly of any unauthorized use of your password and identification and/or breach. You accept responsibility for all activities that occur under Your Account, User ID or password and such use shall be deemed to be use by you;
- You have verified and determined that your use of the Site does not violate any law or regulation in any jurisdiction that applies to you. It is your sole responsibility to ensure that this is the case;
- You will not use the Site for fraudulent or otherwise illegal purposes;
- You understand that we may monitor your Internet access location, without creating an obligation to do so, and may use techniques which are intended to block or restrict access from a jurisdiction in which participation in the Site is illegal or restricted;
- You will not mask your identify in any way, including without limitation, IP masking by accessing the Site over any type of Proxy Server, through IP masking software or the like; and
- You will ensure that all use of Your Account fully complies with these Terms. We may suspend your access to the Site without notice to you in the event that you do not use the Site for an extended period of time.
- You must not transmit any worms or viruses or any code of a destructive nature.
All payments to Company for Products and / or Subscription Fees for Your Account must be made using means of payment that we may approve from time to time. We currently require payments be made by a major credit card (i.e., VISA, MasterCard, American Express, PayPal, etc). All payments must be made from a payment source on which you are the named Account holder. All payments are not refundable, for any reason outside of Company’s Refund Policy.
You agree that we will not be liable for any loss caused by any unauthorized use of your credit card or any other method of payment by a third party in connection with the Site. You waive your right to dispute any payment made into Your Account and you will bear all costs.
Any attempt to defraud the Site through the use of credit cards or other methods of payment, or any failure by you to honor charges or requests for payment will result in immediate termination of Your Account and civil and/or criminal prosecution.
In the case of suspected or fraudulent payment, including use of stolen credentials, by anyone, or any other fraudulent activity, we reserve the right to block Your Account. We shall be entitled to inform any relevant authorities or entities (including credit reference agencies) of any payment fraud or other unlawful activity, and may employ collection services to recover payments.
PROCESSING OF ACCOUNT PAYMENTS
Company may use third party electronic payment processors and/or financial institutions (“ESPs”) to process financial transactions. You irrevocably authorize us, as necessary, to instruct such ESPs to handle such transaction and you irrevocably agree that Company may give such instructions on your behalf in accordance with your requests as submitted on the Site. You agree to be bound by the terms and conditions of use of each applicable ESP, and in the event or conflict between these Terms and the ESP’s terms and conditions then these Terms shall prevail.
To provide continuous service, FOS TV automatically renews all paid Subscriptions upon expiration. Such renewals are generally for the same duration as the original Subscription term. You will be charged for any Reoccurring Services based on a 28-day billing cycle. If we do not receive the full amount of your agreed Reoccurring Service fee on this date, you will be notified by Company via email, using the email you provided in Your Account. Company will inform at this time your services may be interrupted if payment is not received by date provided by Company. Your account will be deactivated without further notice if payment is past due, regardless of the dollar amount. We may change our fee structure at any time with a thirty (30) days’ notice.
By using the Site, you acknowledge that Your Account will be subject to the above-described automatic renewals. In all cases, if you do not wish Your Account to renew automatically, please follow the directions set out under “Refund Policy.”
SUBSCRIPTION REFUND POLICY
When your paid plan begins, you will receive an e-mail receipt. You may cancel at any time before the end of your first month, and you will not be charged. Thereafter, you may cancel Your Account at any time, and you will not be charged further; however, you will not receive a refund when you cancel. Directions for cancelling are below.
DIRECTIONS FOR CANCELING YOUR ACCOUNT
- Log in to your PayPal Account.
- Click “Cancel FOS TV Subscription”.
Your Subscription will become deactivated after your monthly subscription expires. No further Reoccurring Billing will occur, and your account data will be scheduled for deletion. Deletion may occur at any time.
MODIFICATION & TERMINATION OF THESE TERMS
We may modify these Terms from time to time. When we do, we will post the updated Terms and will note the date it was last revised. When you use the Site after those updates are posted, you are deemed to accept and agree to be bound by those changes. These Terms will continue to apply until terminated by either you or FOS TV as described below. If you choose to terminate your legal agreement with FOS TV, you may do so by canceling Your Account on the Site.
We may terminate these Terms, terminate your access to all or part of the Site or our Services, or suspend any user’s access to all or part of the Site or our Services, at any time, without notice to you, if we believe, in our sole judgment, that you have breached or may breach any term or condition of these Terms, if we believe it is required by law, or otherwise. If we terminate your service, or you terminate the service, you will not be entitled to any refund of any sum you have paid us, and we may delete any User Material or other materials relating to your use of the Site and/or our Services on Company’s servers or otherwise in its possession. You acknowledge that Company shall not be liable to you or any third party for any termination of your access to the Site and/or our Services.
You agree that termination will not relieve you of any obligation to pay any accrued charges. You shall be charged the full amount of the fee for the month in which our Services were terminated. All sections which by their nature should survive the expiration or termination of these Terms shall continue in full force and effect after and notwithstanding the expiration or termination of this agreement.
SERVICE USE & LIMITATIONS
We will make reasonable efforts to keep Subscription Services operational 24 hours a day, 7 days a week, except for: (i) planned downtime (for which we will provide at least 8 hours prior notice when applicable); or (ii) any unavailability caused by circumstances beyond our control, including but not limited to, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, or Internet service provider failures or delays.
FOS TV contains only links to other sites found on the internet. It does not host or upload any videos, films, or media files. It does not store, any media stream links on it’s servers. It will not record or store any media files or streaming links found on the internet or on it’s servers. The creator of FOS TV takes no responsibility for how FOS TV is used, and FOS TV does not track or store any information regarding the browsing / streaming activity of its user. FOS TV simply aggregates streaming links on a user-friendly interface. FOS TV is not responsible for the accuracy, compliance, copyright, legality, decency, or any other aspect of the content of other streaming link sites found on the internet. If you have any questions or concerns, please contact the appropriate media file owner, file hosts and providers themselves, as FOS TV is not affiliated with them.
In case of copyright infringement, please directly contact the responsible parties or the streaming link’s hosted websites. FOS TV operates as a search engine for media content such as TV Shows and Movies which are all available publicly on the internet, in principle acting the same way as Google or many other internet search engines. All media content streamed on FOS TV are directly streamed from third-party video sharing services. All other trademarks, logo, and images are the property of their respective and rightful owners.
FOS TV has no control over what media content is hosted or removed from these third-party streaming sites. FOS TV takes no responsibility if the media content streamed is not correct or considered inappropriate by the user. It is the responsibility of the user to avoid any action that might violate the laws governing his/her locality. Use FOS TV at your own risk.
You acknowledge and agree that we will not be responsible or liable for any amounts related to any credit-card or online payment transaction.
We will be sending information to our payment gateway service provider; however, we make no representation as to the availability of our payment gateway service provider, and we are not responsible for any downtime or system outage of our payment gateway service provider.
NO WARRANTY; DISCLAIMER & LIMITATION OF LIABILITY
(a) COMPANY SHALL HAVE NO LIABILITY TOWARDS BUYER BEYOND THE EXPRESS TERMS OF SUCH MANUFACTURER PRODUCT WARRANTIES. COMPANY ASSUMES NO LIABILITY FOR THE QUALITY OF THE WORK PERFORMED OR SERVICES RENDERED BY THIRD PARTY VENDORS/SERVICE PROVIDERS. IT IS BUYER’S OBLIGATION TO REQUEST COPIES OF ANY APPLICABLE MANUFACTURER WARRANTIES AND BUYER SHALL BE DEEMED TO HAVE ACCEPTED SUCH WARRANTIES UPON ACCEPTANCE OF THE PRODUCTS AND/OR SERVICES.
(b) COMPANY’s exclusive obligations with respect to a non-conforming Product or Service shall be, at COMPANY’s option, to repair or replace the Product, if it is determined to be defective, or to re-perform the Service, or to refund to Buyer the purchase price paid for the Product or Service. Notwithstanding anything herein to the contrary, the liability of COMPANY under this Section 6(b) for all claims shall not exceed the sum of Buyer’s payments for the Products or Services which are the subject of the dispute and the foregoing is Buyer’s sole and exclusive remedy for all claims under this Section 6(b). THE FOREGOING WARRANTIES ARE THE SOLE WARRANTIES, EXPRESS OR IMPLIED, GIVEN BY COMPANY IN CONNECTION WITH THE PRODUCTS AND SERVICES, AND COMPANY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND WARRANTIES AGAINST LATENT DEFECTS.
(c) Replacement Products shall be warranted as set forth in Section 6(a) above. Any Products repaired or serviced by COMPANY shall be warranted as provided in this Section 6 for the remainder of the manufacturer’s warranty period.
(d) No warranty shall apply to any Product that has been subject to misuse, improper testing, assembly, mishandling, or which has been operated contrary to current instructions relating to installation, maintenance or operation, or contrary to industry standards.
(e) COMPANY disclaims, and shall have no liability for any trademark, trade dress, trade secret, copyright, design or patent infringement, or any other intellectual property right, which may occur, as a result of the sale of Products to Buyer. The only remedy or recourse for trademark, trade dress, trade secret, copyright, design or patent infringement, or any other intellectual property right, shall be against the manufacturer of the Products which is explicitly subject to the limited warranty of the manufacturer of the Product. There shall be no remedy or recourse against COMPANY or the manufacturer to the extent the infringement arises from or is otherwise based upon (i) the manufacturer’s compliance with the particular requirements of Buyer that differ from the manufacturer’s standard specifications for the Product; (ii) modifications or alterations of the product other than by the manufacturer; or (iii) a combination of the Product with other items not furnished or manufactured by the manufacturer.
(f) BUYER SHALL NOT IN ANY EVENT BE ENTITLED TO, AND COMPANY SHALL NOT BE LIABLE FOR, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION COSTS, REMOVAL AND/OR REINSTALLATION COSTS, REPROCUREMENT COSTS, LOSS OF PROFIT OR REVENUE, LOSS OF DATA, PROMOTIONAL OR MANUFACTURING EXPENSES, OVERHEAD, INJURY TO REPUTATION OR LOSS OF CUSTOMERS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BUYER’S RECOVERY FROM COMPANY FOR ANY CLAIM SHALL NOT EXCEED BUYER’S PURCHASE PRICE FOR THE PRODUCT GIVING RISE TO SUCH CLAIM IRRESPECTIVE OF THE NATURE OF THE CLAIM, WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE. COMPANY SHALL NOT BE LIABLE FOR AND BUYER SHALL INDEMNIFY, DEFEND AND HOLD COMPANY HARMLESS FROM ANY CLAIMS BASED ON COMPANY’S COMPLIANCE WITH BUYER’S DESIGNS, SPECIFICATIONS OR INSTRUCTIONS, OR MODIFICATION OF ANY PRODUCTS BY PARTIES OTHER THAN COMPANY, OR USE IN COMBINATION WITH OTHER PRODUCTS. IF, FOR ANY REASON, THE FOREGOING LIMITATIONS ARE FOUND BY AN ARBITRATION PANEL OR COURT OF COMPETENT JURISDICTION TO BE INVALID OR INAPPLICABLE UNDER ANY APPLICABLE STATE OR PROVINCIAL LAW, BUYER AGREES THAT COMPANY’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO ACTUAL DAMAGES WITHOUT REGARD TO ANY PUNITIVE OR EXEMPLARY DAMAGES PROVIDED BY ANY SUCH APPLICABLE LAW.
(g) Buyer acknowledges that this Agreement was not fraudulently induced to enter into this Agreement, in whole or any part, and Buyer explicitly disclaims and waives any claim with respect thereto.
You agree that Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of your use of the Site or our Services. You hereby release Company, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to our Site or our Services. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
You agree to defend, indemnify and hold Company, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) from and against any and all liability, loss or damage, cost or expense, including but not limited to court costs, attorneys’ fees, and any awards or damages caused by, relating to or incident to: (a) your use of our Services; (b) the Site; (c) claims by your customers or payment gateway service provider; or (d) the products and/or services offered through the Site.
THIRD PARTY WEBSITES
We may provide links and pointers to Internet sites maintained by others who are independent from Company (“Third Party Sites”). We have not reviewed all of the Third-Party Sites linked to the Site and are not responsible for the content of or any products or services offered on such Third-Party Sites. Company makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such website. Your linking to any other website is at your own risk.
From time to time, Company may display or otherwise make available promotions, advertisements and/or offers provided by third parties (“Third Party Promotions”). You understand and agree to hold Company harmless and agree that Company shall have no liability whatsoever for such Third-Party Promotions. If you participate in, click on, or otherwise link to such Third-Party Promotions you do so solely at your own risk. Your sole remedy in connection with such Third-Party Promotions will be with the third party.
YOU AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC THIRD PARTY MATERIALS ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE THIRD PARTY MATERIALS, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS, THE SITE, THE USER CONTENT, SITE CONTENT, AND THIRD PARTY MATERIALS (INCLUDING YOUR VISIT TO OR USE OF THE SITE) SHALL BE FINAL AND BINDING ARBITRATION, except that, to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s patent, copyright, trademark, or trade secret rights, or you have otherwise violated any of the user conduct rules set forth above, then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought before, during, or after the pendency of any arbitration proceeding brought pursuant to these Terms, or in lieu of such proceedings.
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules (collectively the “AAA Rules”), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
The arbitration shall be held in Indianapolis, Indiana, at a locale to be proposed by Company, and the allocation of costs and fees for the arbitration shall be determined in accordance with the AAA Rules and shall be subject to the limitations in these Terms. In rendering a decision, the arbitration panel shall follow the law of the United States and of the State of Indiana, and shall not use equitable or other principles which would permit the panel to ignore these Terms or the law. The arbitration panel’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction, provided, however, that errors of law may be appealed to a court of competent jurisdiction for review. Any award in arbitration shall be subject to all dollar and other limitations set forth in these Terms.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SITE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action, or proceeding by you related in any way to the Site (including your visit to or use of the Site) be instituted more than one (1) year after the cause of action arose.
These Terms shall be governed by the laws of the State of MICHIGAN without giving effect to any choice or conflict of law or rule (whether of the State of Michigan or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Michigan, provided, however, that disputes concerning patent, federal trademark, or federal copyright matters shall be governed by federal law. You consent to jurisdiction and venue in the state or federal courts of the State of Michigan.
TRADEMARKS, TRADE NAMES, AND SERVICE MARKS
Unless otherwise indicated, all logos, names, package designs, and marks on the Site are trademarks or service marks owned or used under license by us or our business partners. The use or misuse of any of these marks or other information is strictly prohibited.
We grant you permission to print individual pages from the Site, unless otherwise expressly noted, for your noncommercial use in learning about and evaluating the services or products offered on the Site. No other permission is granted to you to print, copy, reproduce, distribute, license, transfer, sell, transmit, upload, download, store, display in public, alter, modify, or create derivative works of these materials.
This grant of permission is not a transfer of title, and under this permission you may not: use the materials for any commercial purpose, or for any public display (commercial or noncommercial); remove any copyright, trademark, or other proprietary notations from the materials; or transfer the materials to another person or “mirror” the materials on any other server, except as permitted by law.
We make no warranties or representations to you that your use of any materials displayed on the Site will not infringe the rights of third parties. In addition, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the content. Modification or use of this content except as expressly provided in these Terms violates Company’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by your access to the Site.
COPYRIGHT & INTELLECTUAL PROPERTY
Company understands the value and importance of intellectual property rights and makes every effort to respect the legitimate intellectual property rights of others. Company does not review all of the material posted on or submitted through the Site and has no responsibility for any content that you may find or access when using Company’s Site, products or services.
Company takes all concerns related to intellectual property seriously and it is our policy, at our discretion and in appropriate circumstances, to cancel, disable or terminate any user’s Account who infringes or appear to infringes the intellectual property rights of others.
If you believe that any material on this website infringes a copyright, or any valid intellectual property right, please provide the following information to our DMCA Agent.
- A physical or electronic signature that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works on our website;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please provide this information to Company’s DMCA Agent, who can be reached as follows:
C/O FOS TV
11718 SE FEDERAL HWY
HOBE SOUND, FL 33455
By E-Mail: email@example.com
Due to IT concerns, attachments cannot be accepted on notices sent via e-mail. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.