TERMS OF SERVICE
AUTHORIZED USER AGREEMENT
PLEASE READ CAREFULLY – THIS IS A BINDING CONTRACT
THESE HDEA LLC TERMS OF USE (“TERMS OF USE”) ARE A BINDING AGREEMENT BETWEEN HDEA LLC (“COMPANY”) AND YOU AND, IF APPLICABLE, THE CORPORATION OR LEGAL ENTITY THAT YOU REPRESENT (COLLECTIVELY “YOU”, “USER”).
TERMS OF SERVICE
OVERVIEW
This website (http://cibortv.com) (the “Site”) is operated by HDEA, LLC (“Company”). Throughout the Site, the terms “we”, “us”, and “our” refer to the Company. The Company offers the Site, including all information, tools and services available from the Site, to you, conditioned upon your acceptance of all terms, conditions, policies, and notices stated herein. Your consent, acceptance, and unequivocal agreement to the terms and conditions herein, shall act as a complete inducement for Company to conduct business with you and but for said acceptance, Company would not engage in any such business.
GENERAL TERMS OF USE
The following terms (“Terms of Use”, “Agreement”) govern your use of “CIBORTV” (the “Device”) as well as access to the “CIBORTV” application (hereinafter “Application”). The Device and Application are offered solely and exclusively to individuals for private and personal use by you. By using the Device and/or Application, you accept this Agreement and consent to contract with us electronically. The Terms of Use may be amended from time to time at the Company’s sole discretion and the continued use by you shall act as an acceptance of any amendment. You are encouraged to routinely review any amendments to the Terms of Use which may have been modified after your last access. The right to access the Application directly or through the Device, may, at Company’s sole discretion may be denied or limited, at any time and without notice, to Users who do not comply with these Terms of Use.
1.TERMS OF USE
These Terms of Use are made and entered into as of the date of acceptance by User of the Device and/or use of Application.
2.ACCEPTANCE
By using CIBORTV (the “Device” and the “Application”) the Site, and/or any of Company’s services (collectively the “Services”), you confirm that you have read and agreed to these Terms of Use. If you are an existing user and do not wish to accept any revised Terms of Use, then you must immediately stop using the Device and all the Services. You recognize, acknowledge, and agree that any breach of the Terms of Use, may, in Company’s sole discretion, result in an automatic and immediate termination of the Services.
3.CHANGES TO THESE TERMS OF USE
These Terms of Use and any amendments which may be made by the Company from time to time are effective upon your use of the Services. These Terms of Use may change from time to time, with or without prior notice, and you shall review any modification prior to continued use of the services. Company may change all or any portion of these Terms of Use at any time, at its sole and absolute discretion, by publishing a revised version of these Terms of Use at: http://cibortv.com/terms-of-service/. Any revised version of these Terms of Use will be effective immediately.
4.INTERNET CONNECTION
In order to access and use the Services, you must have a broadband, wireless, or similar internet connection, and you will need to obtain such internet connection (including sufficient levels and required equipment related thereto) from a third party-party internet or similar wireless service provider at your sole cost and expense (“Internet Connection”). It is your responsibility to obtain and maintain the Internet Connection necessary to access and use our Services. The Company is not responsible for your Internet Connection or the amount of data consumed by you in connection with your use of any of our Services. The Company makes no representations or warranties about the speed or quality of your watching experience on your or any device.
5.CONTENT PROVIDED
The Services provide you, through internet connection and the use of enabled devices (TV, Mobile, Tablet) audio-video content (live TV channels; live radio; on-demand content; news).
The Company makes no representations and/or warranties about the audiovisual content provided by the Services. The content provided through our Services is subject to change from time to time and is not guaranteed for any period of time. The Services are provided through a one-time non-refundable payment for the Device and monthly user fees for the Application User License.
In the event the Company can no longer provide the specific content to you, you agree and acknowledge that Company shall not be considered at fault for said circumstance(s). You further agree that the monthly User fee does not include any specific content and that you are releasing Company from any liability for the failure to provide any specific content. Furthermore, the products and/or services may have limited quantities and are subject to return or exchange only according to Company Return Policy.
We do not represent or warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. It is possible that the information on the website is not up to date or not complete and current.
6.REFUND POLICY
The refund policy applies only to the purchase of a tangible Device through our website. Company does not provide refunds for partially used user fees. After the inspection is complete, you will then be notified of either the approval/rejection of your requested refund. If approved, your refund will be processed less the any shipping & handling fees, and a credit will automatically be applied to your credit card or original method of payment, within fourteen (14) days of your approval. If for any reason, you are unsatisfied with your Device, you may within fourteen (14) calendar days from receipt of the Device, return it for a full refund. To request a refund you may contact us at: customer@cibortv.com. Upon the Company’s approval of your request, you must return the original Device in its like-new condition with the original packaging to: HDEA LLC 225 NW 2 Ave. Hallandale FL 33009 ATTN: RETURNS. Please review the Return Policy for the full terms and conditions of returns and/or refunds.
7.PAYMENTS, CANCELLATIONS AND REFUNDS
Payments for the Services and any other costs incurred in connection with the use of the Services, such as taxes and any transaction fees, will be charged directly to the payment method you provide. To use the Services, you must provide a valid form of payment, in accordance with the commercial offer in force at the time of purchase of the Service. If the payment cannot be made satisfactorily, due to the expiration date, lack of funds, or if the payment method information is not updated, or the payment method is canceled or otherwise refused, the Company reserves the right to suspend access to Services immediately and permanently. For some forms of payment, the issuer may charge additional fees, such as foreign transaction fees or other costs related to the processing of the payment method. Local taxes vary depending on the form of payment used. Check with the service provider the payment method for the necessary information. To the extent permitted by applicable law, payments are non-refundable and refunds or credits will not be granted for partially used periods of time or for the content of the unseen service.
8.USER COMMENTS
If you, with or without a request from us, sends certain submissions, creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (“Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use the comments in any medium.
We are and shall be under no obligation (1) to maintain Comments confidentially; (2) to pay compensation for Comments; or (3) to respond to Comments. We have no obligation to, monitor, edit or remove content that may be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your Comments will not violate any law or right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by any Users or any third-party creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise.
9.LIMITED WARRANTY
The tangible device contains a limited warranty as follows. IN THE EVENT THAT THE DEVICE PHYSICALLY BREAKS OR MALFUNCTIONS THROUGH NO FAULT OF THE USER OR THIRD-PARTY, WITHIN ONE YEAR (365 DAYS) OF RECEIPT OF THE DEVICE, THE COMPANY WILL REPLACE THE DEVICE FOR NO CHARGE. NO REFUNDS WILL BE GIVEN, ONLY A REPLACEMENT DEVICE WILL BE SENT. THE COMPANY ONLY WARRANTIES THE PHYSICAL DEVICE TO THE EXTENT STATED ABOVE. THIS WARRANTY IS STRICTLY LIMITED TO ISSUES PERTAINING TO HARDWARE AND IS IN NO WAY INTENDED TO COVER CHANGES OR ISSUES RELATED TO SOFTWARE (Application). Any damage caused by the User shall not be subject to this Warranty. It is the User’s responsibility to return the Device to Company in order for Company to conduct an inspection. Should Company determine that the Device has malfunctioned, due to no fault of the User, Company shall replace the Device free of charge to the User. Any postage and handling fees shall be the responsibility of the User.
10. LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF BUSINESS, PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) COMPANY’S TOTAL LIABILITY TO YOU, EXCEPT FOR YOUR CONTRACTUAL PAYMENT OBLIGATIONS HEREUNDER (IF ANY), SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO COMPANY OVER THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM(S) OR ONE HUNDRED DOLLARS (USD $100), WHICHEVER IS GREATER.
11.PRIVACY POLICY
By using the Site and the Services you agree to the collection and use of information in accordance with the Privacy Policy. While using the Site you may be asked to provide us with certain identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to: your name, email address, telephone number (“Personal Information”). With your consent, we may use your Personal Information to contact you with newsletters, marketing or promotional materials, or potentially share with third-parties. Please review our Privacy Policy in its entirety before using the Services.
12.INDEMNIFICATION
You will defend, indemnify, and hold harmless the Company, its officers, directors, shareholders, employees, agents and vendors, from and against any loss, claim, damage, expense or liability, including reasonable attorneys’ fees and reasonable costs incurred in investigating such loss, claim, damage, expense or liability, which may be made against, sustained, suffered or paid by the Company or the Company’s officers, directors, shareholders, employees, agents and vendors, arising out of, based upon, relating to or in connection with any circumstance not specifically covered by the Limited Warranty provision of these Terms of Use, including but not limited to: manufacturer’s closing business, bankruptcy, or otherwise ceasing operation.
13.PROHIBITED USE
In addition to the other restrictions as set forth in these Terms of Service, you are prohibited from using the site or its content, the device or the application:
a) in a manner that infringes on other users’ rights;
b) in a manner that precludes or hampers others users’ access to the Services;
c) to solicit others to perform or participate in any unlawful acts;
d) to violate any international, US federal, provincial, or state regulations, rules, laws, or local ordinances;
e) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
f) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
g) to submit false or misleading information;
h) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
i) to collect or track the personal information of others;
j) to spam, phish, crawl, or scrape data;
k) to access, transmit, or store material that is considered obscene, offensive, inappropriate (including, without limitation, expressions of bigotry, racism, or hatred), abusive, threatening, libelous, or defamatory, or that violates anyone’s rights of privacy or publicity;
l) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Services for violating any of the prohibited uses.
You are responsible for any actions taken from or involving the use of any of your devices, including devices that may belong to others, or that you are using, with or without the permission of the owner or owners of such devices, whether intentional or unintentional, that damage or otherwise affect other devices, users of the Services, or third parties. You hereby release the Company from liability for any loss, damage, security infringement, or injury which you may sustain as a result of being allowed access to the Services. You agree to be solely responsible for any such loss, infringement, damage, or injury, and to the extent your actions cause injury or expose the Company to a risk of, or actual, liability to another, you understand and agree to defend and indemnify us.
14.GENERAL PROVISIONS
(a) Non-Waiver. No delay or omission or failure to exercise any right or remedy provided for herein will be deemed to be a waiver thereof or acquiescence to the event giving rise to such right or remedy, but every such right and remedy may be exercised from time to time and so often as may be deemed expedient by the party exercising such right or remedy.
(b) Governing Law and Jurisdiction. These Terms of Use will be governed by and construed in accordance with the laws of the United States of America, without giving effect to its conflicts of laws provisions. The parties agree that the courts of Miami-Dade County, Florida shall have exclusive jurisdiction over any dispute arising under these Terms of Use and Service hereunder. Any and all claims, actions or other controversies arising out of or relating in any way to the Services, or these Terms of Use shall be determined exclusively on an individual (non-class) basis. Further the Parties agree to waive any claim for trial by jury. If Company requires the use of an attorney to enforce any provision of this Agreement, including but not limited to collection of any money owed, client shall pay all attorney fees, costs and expenses for such enforcement (up to and including the appellate level).
(c) Assignability. The Company reserves the right to assign, delegate or otherwise transfer any of its rights under these Terms of Use without the prior written consent of the User.
(d) Severability. In the event that any provision of these Terms of Use is held to be illegal, invalid or unenforceable under present or future laws by any court of competent jurisdiction, then such provision will be fully severable and these Terms of Use will be construed and enforced as if such illegal, invalid or unenforceable provision were not a part hereof.
(e) Entire Agreement and Modification. These Terms of Use constitute the full and complete understanding and agreement of User and the Company regarding the matters set forth herein and supersedes all prior negotiations and understandings and agreements between the parties. User agrees that the Company may modify these Terms of Use or any policy or other terms referenced in these Terms of Use at any time by posting a revised version of these Terms of Use. Any revised terms will become effective immediately after posted or, if the Company provides User a click-through or other means of accepting the revised terms, upon User’s acceptance. Continued use of the Services after the revised terms become effective constitutes acceptance on the User’s part. This agreement incorporates the following documents (and no others) by reference:
• Privacy Statements (US, EU, UK, CA)
• Cookie Policy (CA, EU, UK)
(f) Survival. User agrees that in the event this agreement is terminated by us or him/her with or without clause, the provisions of these Terms of Use shall remain binding requirements on User.
15.CONTACT INFORMATION
Questions about the Terms of Use can be sent to us at: customer@cibortv.com
