TERMS OF SERVICE AND CONDITIONS OF USE: CLIENT AGREEMENT
UNDER THIS AGREEMENT THE CLIENT AGREES TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. THE CLIENT EXPRESSLY REPRESENTS AND WARRANTS TO FrenchTV THAT THE CLIENT HAS CAREFULLY REVIEWED THIS AGREEMENT AND THAT THE CLIENT AGREES TO ABIDE BY AND TO BE LEGALLY BOUND BY ALL SUCH TERMS AND CONDITIONS; FURTHERMORE, AGREES TO RECEIVE REQUIRED NOTICES AND TO TRANSACT WITH US ELECTRONICALLY.
ARTICLE 1: THE SERVICES
1. ACCEPTANCE OF TERMS & THE PROVISION OF SERVICE.
1.0 Frenchtv do not sale television channels or programs. Frenchtv rent a device with a technology to receive via an iptv setup box the french television called TNT only if client is out of coverage.
1.1 The Services. Under the terms of this Agreement, FrenchTV shall provide the Client the service of encoding of the TNT French tv channels and send it via a streaming technology to the Client that is out of range of a regular reception (the “Services”).
1.2 No Guarantee. Furthermore, FrenchTV cannot control and thus gives the Client no guarantee that the tv channels shall be available without interruption (i.e., 100% uptime), thus our Services are provides “AS IS” and use of our Services shall be at the Client’s risk.
1.3 No License. FrenchTV does not own any of the content provided to the Client through our Services (i.e., TV channels, tv shows, tv program, etc), thus accordingly FrenchTV does not offer or give to the user any license to copy, sell or distribute any such content, nor will FrenchTV be responsible for any copyright infringement conducted through our Services.
1.4 Changes to Services. FrenchTV is entitled to at any time modify, improve, or discontinue any of its content, products, services and any aspect or feature of this Site, including, but not limited to, content, hours of availability, and equipment needed for access or use, at its sole discretion and without notice to the Client. FrenchTV is entitled to provide services to the Client through subsidiaries or affiliated entities. FrenchTV reserves the right to change, remove or discontinue (temporarily or permanently) the website, or any content, service, function, feature or other part of the website at any time or without notice; and the Client confirms that FrenchTV shall not be liable to the Client for any such change, remove or discontinuance.
1.5 Additional Terms and Conditions for Software; EULAS. When the Client registers for or purchase the Site’s Services, the Client may be required to agree to one or more End-User License Agreements (or “EULAs”) which may include additional terms. The Client will be bound by any EULA that the Client agrees to.
2. AUTHORIZED USER, USE, AND RESPONSIBILITY.
2.1 Restrictions on Applications. To apply for and receive FrenchTV Services, (a.) you must be a citizen of France (provided that a copy of your French ID card or passport, issued by the proper French government authority, is submitted with your application), and (b.) you must have access to an internet connection of at least four megabyte per second in order to receive FrenchTV Services.
2.2 Moreover, the Client represents, warrants, acknowledges and agrees that: (a.) You are 18 years of age or older and have the legal authority to enter into this Agreement, and affirm that the information you supplied to us is correct and complete. (b.) You understand that all information provided by you will be relied upon by FrenchTV for the provision of Services thus shall be true and accurate. You agree that FrenchTV may disable or terminate the Services in the event that you provide false or incorrect information. You shall promptly notify FrenchTV whenever your personal information or billing information changes (including for example, your name, address, telephone number, and credit card number and expiration date). (c.) You shall use the Services for personal use only and in compliance with the then current FrenchTV Authorized Use Policy and any applicable laws and regulations (if you want to subscribe to FrenchTV Service and Equipment for a commercial establishment, you must first contact FrenchTV and obtain written approval from World Webhosting Ltd). (d.) You accept that FrenchTV 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. (e.) You must be a French citizen in possession of a French passport or French ID Card to subscribe to this service. (f.) You agree and authorize FrenchTV and World Webhosting Ltd to subscribe to the satellite TNT services on your behalf, encode the channels and send it to your IPTV Box using a streaming technology. (g.) You agree and understand that all payment made to FrenchTV and World Webhosting Ltd is for the encoding services and stream the tv channels that is on your satellite TNT subscription membership to your FrenchTV IPTV Box only. We do not sale, or own any of the program or tv channels.
2.3 Furthermore, You acknowledge and agree that FrenchTV will purchase a membership of TNT tv channels for you and shall record the purchase of such membership and keep all such relevant information and date on file as a part our records.
2.4 Notices, Limitations and Restrictions with Respect to the Phone Services Plans. The Client represents, warrants, acknowledges and agrees that: (a.) IN THE CASE OF EMERGENCY, THE PHONE SERVICES PROVIDED BY FrenchTV CANNOT BE USED TO CONTACT 911 OR OTHER SIMILAR LOCAL EMERGENCY SERVICES; (b.) Unlimited plans have reasonable use policy and monthly usage is limited to 3,000 minutes per month for the landlines, and 1,000 minutes for mobile phones in total for all of the countries that are included in the Unlimited plan (NOTICE THAT USAGE OVER THOSE LIMITS WILL BE CHARGE AT THE THEN CURRENT REGULAR RATE); (c.) Prices for communications and data transfer rates are subject to change without notice; (d.) All Phone Services provided by FrenchTV are limited to personal, non-commercial use (i.e., No auto dialing, No call shop, No multi user, etc), any other use is unauthorized and strictly prohibited. (e.) To ensure that the Client is able to send and receive phone calls, the Client must have an internet connection with a transfer rate of at least one megabyte per second.
This Agreement goes into effect upon your acceptance of this Agreement and shall continue until canceled or terminated by either party as permitted by this Agreement.
4. PAYMENT OF CHARGES.
4.1 Payments for the Subscribed Services. All payments for the Client’s subscribed Services are invoiced monthly and all such respective payments are due the first day of each calendar month. If the initial order date falls in the middle of the month, you will be charged the full monthly fee at the beginning of the next month and a pro-rated fee for the partial month. You agree to pay all charges for the Equipment(s), Deposits and the Services, including any charges for late payment or reactivation. The method of payment will be either as set out in this Agreement or as we otherwise agree with you. You agree to provide FrenchTV 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.
4.2 Subscription Plans. The current effective subscription fees for FrenchTV packages and options are set out at http://www.frenchtv.to
4.3 Shipping and Handling, Activation, and Applicable Service Fees. The charges for shipping and handling, activation and applicable service fees are set out in your Order Form. FrenchTV will charge your designated credit card for shipping and handling fees, activation fee, as well as other applicable service fees that you have pre-approved either during your initial subscription order or during the course of your usage of World Webhosting Ltd. You acknowledge and agree that ALL shipping and handling, activation and other applicable service fees are non-refundable.
4.4 Authorization. You agree to authorize FrenchTV or World Webhosting Ltd to automatically charge your designated credit card at the beginning of each calendar month for the balance of that month’s subscription fee and taxes applicable for subscription of any Package and Options on a monthly basis (the “Monthly Subscription”). Monthly Subscriptions will begin on the earlier of (i) five (5) days after the date FrenchTV receives and processes the new order; or (ii) the date you start using the Services and renew automatically by period of one month until canceled for monthly subscriptions, and at the end of the commitment period for yearly subscriptions, service will be renewed automatically.
4.5 Late Payments. Where at the first attempt at submitting a charge the Client’s invoiced fees to the designated credit card, provided by the Client, is found to be unauthorized, the Client will be notified that the designated credit card requires authorization and that a second attempt to charge the designated credit card shall be submitted on the fifth day of the month with an additional 8% processing fees. If the second attempt at payment is decline, Services will be suspended. To reactivate the Services an extra fee of $35 USD will be charged in addition to all past-due unpaid fees.
4.6 Dispute of Charges. If there is any dispute item in the monthly statement, you shall notify FrenchTV of such disputed items within 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 of $50 USD. Disputes can be filed sending e-mail to email@example.com (Please retain your proof of filing a dispute claim).
4.7 You agree that FrenchTV is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by World Webhosting Ltd. If the charge transaction against your designated credit card is refused by the merchant account for any reason (card expired, insufficient credit limit, etc.), FrenchTV will suspend the Services until you pay all amounts due upon demand by World Webhosting.
4.8 Customer Reaffirmation. Every time you use FrenchTV Services, you reaffirm that (i) FrenchTV is authorized to charge your designated credit card; (ii) FrenchTV may submit charges incurred under your account for payment; and (iii) you will be responsible for such charges, even if your Subscription is canceled or terminated.
5.1 To receive the Services on Television set, you agree to exclusively use from FrenchTV the equipment which is constituted primarily by, but not limited to, cables, wires, amplifiers, Box/receivers/boxes and remotes (the “Equipment”). Since you buy the Equipment from FrenchTV, you will need to pay a one-time setup fee of $95 USD for each set of Equipment you buy. FrenchTV will immediately charge your designated credit card for the applicable Equipment at the time the order is received.
5.2 You agree that you will not try to reverse-engineer, decompile or disassemble any software or hardware contained within any Equipment provided by World Webhosting Ltd. Such actions are strictly prohibited and may result in the termination of this Agreement, disconnection of your Services and/or legal action.
5.3 Security Updates. The Client agrees to update the Setup Box for security reason within three days from the date that each such updates becomes available.
6. LATE PAYMENT
If you delay payment, FrenchTV will send you a reminder or call you and temporarily disconnect you to the Services. The Services will be reinstated soon after you pay in full the amount demanded by FrenchTV If you delay your payment for one (1) month from the date of billing, FrenchTV will initiate the collection procedure and charge you a late payment charge of $50 USD (the “Late Payment Charge”) by way of compensation to FrenchTV for breaking 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, World Webhosting Ltd, in its sole discretion, may report such late payment or nonpayment to credit reporting agencies.
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 Subscriptions will automatically be renewed each month at the then prevailing subscription fee for the same package. Yearly Subscriptions will automatically renew on a monthly basis at the completion of the mandatory subscription period of 12 months for the same package at the then prevailing monthly subscription fee of that package and Prepaid Subscription will automatically renew at the completion of the subscription period of the Prepaid Plan as calculated from that period’s billing start date at the then prevailing subscription fee for the same plan (collectively, “Renewal Subscription”). The subscription fee will be charged in accordance with Section 4 (D).
8.1 The Services may include additional options, such as the TV Duo Option, TV Trio Option and the Tv Replay. Those options are subject having an active the subscription of at least one package per associated option.
8.2 If you select to the TV duo Option you agree to pay $29 or 29 euros per month or TV Trio option you agree to pay $20 USD or 20 euros per month in addition to your selected package subscription. You agree to pay a $95 USD setup fees upfront for the second box required for that option. The TV Duo and the TV Trio option must be used in the same household.
9. OPTION CHANGES.
Changing Options Subscription can be done at any time upon your request. Requests will be processed by the close of the next business day.
10.1 No suspension is allowed, to suspend the service refer to article 11.
11. CANCELLATION & CHANGE OF EQUIPMENT
11.1 You may cancel your subscription at anytime to FrenchTV Service by notifying us at the Customer Service email 20 days prior to the expiration of the month or it may result of cancelation fees of 1 month of your actual membership price.
11.2 You agree that you have no cancellation rights prior to the expiration of the month period.
11.3 Cancelation will be valid only after we receive the return of equipment in original box, all accessories as: iptv box, remote control, rca cable, hdmi cable, power supply, Ethernet cable, original manual. Missing accessories will result of the loss of your security deposit.
11.4 If you terminate your subscription prior to the expiration of the month period, all remaining ballance charges for the rest of the period shall be due at the time of cancellation.
11.5 If you decide to cancel 1 device of your account, you will still be responsible for all month due, past and present. We must receive the device with all accessories at least 10 days prior the end of the billing period, otherwise 1 additional month will be invoiced to you.
11.6 If case of material replacement, FrenchTV box, Remote control, Cables, damage product must be returned maximum 5 days after receiving the replacement one (s). The non return will be invoiced as followed: FrenchTV box one additional device $29 per month, FrenchTV box 2 additional devices $49, in addition of course of your actual membership price. Remote control $45. HDMI Cable $35. Ethernet cable $35.
12. DISRUPTION OF SERVICES.
You agree that in no event shall FrenchTV be liable for any failure or interruption of program transmissions or Services resulting in part or entirely from circumstances beyond World Webhosting Ltd’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 96 consecutive hours (or in excess of such lesser time period pursuant to state law), you shall prompt notify of such failure or interruption to FrenchTV and FrenchTV will 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 FrenchTV shall not be liable for any incidental or consequential damages.
13. REPAIR OF EQUIPMENT.
FrenchTV will repair and/or replace defective 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 Equipment is due to your negligent use or abuse or if no fault is discovered in World Webhosting Ltd’s system or Equipment. In addition, an Equipment charge may be imposed for the repair or replacement of any lost, stolen or damaged FrenchTV Equipment. FrenchTV makes no warranties, with respect to FrenchTV Equipment or Services provided by FrenchTV or with respect to the Equipment’s compatibility with any Customer-owned equipment.
14. COMMUNICATION CHARGES.
In order to receive Services from World Webhosting Ltd, you agree that you are responsible for obtaining and maintaining at your own expense all equipment and services needed to access FrenchTV Services. You also agree to bear any communication charges incurred by accessing FrenchTV Services through a third-party network, such as a cable, internet service provider or wireless carrier.
15. CUSTOMER PROPERTY.
You are responsible to obtain and maintain equipment to access FrenchTV Services on www.frenchtv.to. FrenchTV assumes no responsibility for the maintenance or repair of equipment you provided, including but not limited to television sets, VCRs, computers, laptop or other video equipment, remote controls, wireless cards, and stereos or other audio equipment. You shall be responsible for the repair and maintenance of any equipment you provided.
16. YOUR PRIVACY; DATA PROTECTION.
16.1 In order to provide quality services to you, we collect certain personal about you, including but not limited to the Client’s name, address, telephone numbers, and in some cases (where our service is co-branded with a credit card partner) credit card information. FrenchTV maintains your personal identification information for the purpose of account management, billing and collections, and customer support and service management. You agree that FrenchTV may also aggregate anonymous, non-personal information for reporting and analysis purposes related to your viewing and usage of FrenchTV Services.
16.3 You agree that FrenchTV may record your conversations with FrenchTV call center representatives for the purpose of tracking records and improvement of our Customer Service.
17. REPRODUCTION OF PROGRAMS.
You agree that the programs provided by FrenchTV 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 Services, 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 FrenchTV reserves the rights to take legal actions for breach of copyright terms of any program reproduced, or inform the copyright holder of the breach.
18. FRENCHTV’S RIGHTS.
18.1 FrenchTV has no obligation to monitor content or Services accessible by means of the FrenchTV Box or wireless card. However, you acknowledge and agree that FrenchTV 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.
18.2 FrenchTV shall have the right to determine in its sole discretion what constitutes an “inappropriate” or “commercial use” of FrenchTV’s Equipment and Services.
19. CUSTOMER SERVICE.
If you have any technical faults and administration questions or want to request any changes in your FrenchTV account, you may contact FrenchTV customer service sending e-mail to firstname.lastname@example.org
20. ASSIGNMENT OR TRANSFER.
This Agreement and the Leased Equipment are not assignable or otherwise transferable by you.
21. BREACH OF AGREEMENT.
World Webhosting Ltd, at its option, may suspend or terminate the Services and remove the Leased Equipment without notice if: (i) you break any terms or conditions of this Agreement or make a material misstatement in any details supplied to us; or (ii) you fail to pay the payment due for the Services within 30 days after World Webhosting Ltd’s written notice; or (iii) if for reasons outside World Webhosting Ltd’s control, FrenchTV cannot continue to provide the Services; or (iv) if you are involved in unlawful copying of content of any of the TV Services. World Webhosting Ltd’s failure to remove such Equipment shall not be deemed abandonment thereof. You agree to pay for reasonable attorney’s fees to FrenchTV in the event that FrenchTV shall find it necessary to preserve and protect its rights under this Agreement.
All programming, program services, program packages, number of channels, channel allocations and broadcast channels are at the sole discretion of FrenchTV and are subject to change at any time in accordance with applicable law. FrenchTV has no control over the extent, limitation or expansion of the selection of programs offered, which are decided by the broadcasters.
23. SECURITY NOTICE.
23.1 Member Account, Password, and Security. If any of the services requires the Client to open an account, the Client must complete the registration process by providing FrenchTV with current, complete and accurate information as prompted by the applicable registration form. The Client also will choose a ‘password’ and a ‘Client name.’ Furthermore, the Client acknowledges and agrees that: (a.) The Client is responsible for any and all activities that occur under the Client’s account and for ensuring that all such use complies fully with the provisions of this Agreement; (b.) The Client is responsible for protecting the confidentiality of the Client’s password and account information; (c.) The Client must notify FrenchTV immediately of any unauthorized use of the Client’s account or any other breach of security; (d.) FrenchTV is not liable for any loss that the Client may incur as a result of someone else using the Client’s password or account, either with or without the Client’s knowledge, and may be held personally liable for any losses incurred by FrenchTV; and (e) The Client may not use anyone else’s account at any time, without the permission of the account holder.
23.2 Security Notice: Unauthorized Access & Activity. Unauthorized access and attempts to defeat or circumvent security features, to use the Site for other than intended purposes, to deny service to the Site’s Clients, to access, obtain, alter, damage, or destroy information, or otherwise to interfere with the Site or its operation is prohibited and all violators are subject to criminal and civil penalties and will be prosecuted to the fullest extent of the law, including criminal and civil prosecution. All traffic is logged and monitored for potential abuse. Evidence of such acts will be disclosed to law enforcement authorities, and be used for the purposes of criminal and civil prosecution.
24. COPYRIGHT INFRINGEMENT: REPEAT INFRINGERS.
24.1 We respect the intellectual property rights of others, and we prohibit Clients from uploading, posting or otherwise transmitting on this web site or by use of any of our services any materials that violate another party’s intellectual property rights.
24.2 It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate the accounts of Clients who may repeatedly infringe or violate the copyrights or other intellectual property rights of any party.
25. NOTIFICATION OF ALLEGED COPYRIGHT INFRINGEMENT.
25.1 If you believe that a work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide our Copyright Agent with the following information: (a.) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (b.) A description of the copyrighted work or other intellectual property that you claim has been infringed; (c.) A description of where the material that you claim is infringing is located, with enough detail that we may find it on the web site; (d.) Your address, telephone number, and email address; (e.) Your statement that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; (f.) Your statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
25.2 FrenchTV’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By Mail only:
World Webhosting Ltd
Azuero Business Center, Suite 515
Avenida Perez Chitre
Republica de Panama
ARTICLE 2: WARRANTY DISCLAIMERS & LIABILITY LIMITATIONS
26. DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY
26.1 DISCLAIMER OF WARRANTIES – FrenchTV AIMS TO PROVIDE A CONTINUOUS, HIGH-QUALITY SERVICE, BUT WE DO NOT WARRANT THAT THE SERVICES OR EQUIPMENT PROVIDED BY FrenchTV 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 WORLD WEBHOSTING LTD. THE CLIENT EXPRESSLY AGREES THAT USE OF THE SERVICES IS AT THE CLIENT’S SOLE RISK. NEITHER FrenchTV NOR ANY OF ITS EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH FrenchTV.
26.2 THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
26.3 LIMITATION OF LIABILITY – THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. CLIENT SPECIFICALLY ACKNOWLEDGES THAT FrenchTV IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER CLIENTS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH CLIENT. EVEN IF FrenchTV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (II) ANY CLAIMS AGAINST CUSTOMER BY ANY OTHER PARTY. YOU ALSO UNDERSTAND THE FRENCHTV OFFER AN ENCODING SYSTEM BASED ON THE FRENCH FREE TNT TV CHANNELS, AND WILL NOT BE RESPONSIBLE OF THE CHANGE OF FRENCH LAW REGARDING THE COUNTRY OF RECEPTION FOR SUCH TV PROGRAM.
26.4 THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE CLIENT AND FrenchTV, AND/OR AFFILIATES. FrenchTV WOULD NOT PROVIDE THESE SERVICES AND INFORMATION WITHOUT SUCH LIMITATIONS. NO REPRESENTATIONS, WARRANTIES OR GUARANTEES WHATSOEVER ARE MADE AS TO THE ACCURACY, ADEQUACY, RELIABILITY, CURRENTNESS, COMPLETENESS, SUITABILITY OR APPLICABILITY OF THE INFORMATION TO A PARTICULAR SITUATION.
26.5 IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, FrenchTV, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THESE SERVICES, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE CLIENT, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
26.6 IN JURISDICTIONS WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT ALLOWED, THE LIABILITY OF FrenchTV IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
ARTICLE 3: GENERAL PROVISIONS
Headings are used for convenience of reference only and in no way define, limit, construe or describe the scope or extent of any section, or in any way affect this Agreement.
The failure of any party to insist on or enforce strict performance of any provision of this Agreement or to exercise any right or remedy under this Agreement or applicable law will not be construed as a waiver or relinquishment to any extent of the right to assert or rely upon any such provision, right or remedy in that or any other instance; rather, the same will be and remain in full force and effect. Waiver by either party of a breach of any provision contained herein must be in writing, and no such waiver will be construed as a waiver of any other and/or succeeding breach of such provision or a waiver of the provision itself; otherwise, no resulting waiver, that are not made in writing, by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
29. ELECTRONIC DELIVERY STATEMENT AND THE CLIENT’S CONSENT.
The Client agrees that we may provide to the Client notices and other information concerning FrenchTV or this Site electronically, including notice to any email address that the Client may provide.
30. FORCE MAJEURE.
Neither party will be responsible for any failure or delay in performance due to circumstances beyond its reasonable control, including, without limitation, acts of god, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, failures of third party service providers (including providers of internet services and telecommunications). The party affected by any such event shall notify the other party within a maximum of fifteen (15) days from its occurrence. The performance of this Agreement shall then be suspended for as long as any such event shall prevent the affected party from performing its obligations under this Agreement.
31. INTERNATIONAL USE.
We make no representation that content on this Site is appropriate or available for use in locations outside the country of Belize. If the Client chooses to access this Site from a location outside the country of Belize, the Client does as such on the Client’s own initiative and the Client is responsible for compliance with local laws.
Client agrees to defend, indemnify and hold harmless FrenchTV, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of FrenchTV by Client or Client’s Account.
33. BINDING ARBITRATION.
The Client agrees that any disputes or claims that the Client may have against FrenchTV will be (except as stated below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, and will provide a statement of reasons if requested by a party. Except as otherwise provided in this Agreement, the Client and FrenchTV may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. THE CLIENT UNDERSTANDS THAT ABSENT THIS PROVISION, THE CLIENT WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE THE RIGHT TO A JURY TRIAL.
Each party acknowledges and agrees that the rights granted to the other party in this Agreement are non-exclusive, and that, without limiting the generality of the foregoing, nothing in this Agreement shall be deemed or construed to prohibit either party from participating in similar business arrangements as those described herein.
35. CHOICE OF LAW, JURISDICTION, VENUE AND FORUM FOR RESOLVING DISPUTES.
36. ASSIGNMENT OR TRANSFER.
This Agreement and the Leased Equipment are not assignable or otherwise transferable by you.
37. CHANGING THE TERM OF SERVICE.
37.1 Thus, from time to time, FrenchTV reserves the right to offer through special promotions or incentives discounts on its regular prices and may ask in return for a one year commitment to its service. If you subscribed to such a promotional offer, the minimum subscription period shall then automatically be extended to the period indicated in the offer and is subject to the specific terms and conditions as set forth in that promotion. As a result, you are committing to keep your subscription active during the period indicated in such promotion or offer.
37.2 Frenchtv have the right to change or update the general therms of sales and general therms of use without any notification to clients.
FrenchTV assumes no liability for any program or information distributed over the system unless locally produced by World Webhosting Ltd. FrenchTV 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 World Webhosting Ltd.
39. ENTIRE AGREEMENT: SEVERABILITY AND INTEGRATION
This Agreement and any supplemental terms, policies, rules and guidelines posted on this Site constitutes the entire agreement between the Client and FrenchTV and supersede all previous written or oral agreements. The Client may be subject to additional terms and conditions when the Client uses, purchases, or accesses other services, Affiliate services or third-party content or material. If any provision of this Agreement is deemed void, unlawful or otherwise unenforceable for any reason, that provision shall be severed from this Agreement and the remaining provisions of this Agreement shall remain in force. This contains the entire Agreement between the Client and FrenchTV concerning the use by the Client of the Services.
Any rights not expressly granted herein are reserved.