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 “USER”).

 

TERMS OF SERVICE

OVERVIEW

This website (http://www.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, and if applicable, the corporation or legal entity that you represent (collectively “User”), 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 and utter 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”) 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 to the user (“User”).  By using the Device and/or Application, the User expressly agrees to fully and unconditionally adhere to all Terms of Use.  The Terms of Use may be amended from time to time at the Company’s sole discretion and the continued use by the User shall act as an acceptance of any amendment.  The User is encouraged to routinely review any amendments to the terms of use which may have been modified after his/her 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”), User confirms that he/she  has read and agreed to these Terms of Use. If User does not agree to these Terms of Use, then he/she should not access or use the Services. If User is an existing user and do not wish to accept any revised Terms of Use, then he/she must immediately stop using the Device and all the Services. User recognizes, acknowledges and agrees 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 User’s use of the Application and/or Device.  These Terms of Use may change from time to time, with or without prior notice, and User shall review any modification prior to any use.   Company’s may change all or any portion of these Terms of Use at any time, in its sole and absolute discretion, by publishing a revised version of these Terms of Use at: www.cibortv.com. Any revised version of these Terms of Use will be effective immediately. In the event you are an existing User and do not wish to accept any revised version of the Terms of Use, then you must immediately send written notice to HDEA LLC, 16051 Collins Avenue, suite 2901, Sunny Isles Beach, FL 33160. Written notice must be sent by certified mail return receipt requested.  Failure to notify Company and continued use of the Service shall act as an acceptance of any and all changes and shall bar any future dispute to same.

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.CHANNELS/STATIONS PROVIDED AND PRODUCTS OR SERVICES (AS APPLICABLE)

The Device and/or the Application provide the User, through internet connection and the use of enabled devices (TV, Mobile, Tablet) the use of audio-video content (live TV channels; live radio; on-demand content; news) produced and/or granted by third parties  producers/broadcasters to the Company as well as audio/video streams freely and free of charge released over the Internet by the issuing/producing companies in full compliance with the corresponding broadcasting rights.

The Company makes no representations and/or warranties about the audiovisual contents and the channels provided by the Device and/or Application. The current lineup of channels and use of audiovisual content provided through our Services are subject to change from time to time and are not guaranteed for any period of time. Notwithstanding, the Device is non-refundable and User accepts full risk of not receiving future streaming reception of any current broadcast. The Services are currently provided through a one-time non-refundable payment for the Device and monthly user fees (1,6,12 months packages) for the Application User License.

In the event the broadcaster discontinues streaming of its content or engages in encrypting or coding of its content, whereby Company can no longer provide the broadcast to the User, User agrees and acknowledges that Company shall not be considered at fault for said circumstance(s). User further agrees that the monthly User fee does not include any specific channel(s) and that the customer is releasing Company from any liability for the failure to provide any channel or channels.  Furthermore, the products and/r services may have limited quantities and are subject to return or exchange only according to Company Return Policy.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by the User will meet his/her 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 tangible Device through our website. Generally, if for any reason, you are unsatisfied with your Device, you may within ten (10) 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, 226 NW 3rd Avenue, Suite 15, Hallandale Beach, FL 33009. 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 and will be charged to the User.  To use the Services, User 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, 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 the User, 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”), he/she agrees that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium the Comments.

We are and shall be under no obligation (1) to maintain Comments confidentially; (2) to pay compensation for Comments; or (3) to respond Comments. We have no obligation to, monitor, edit or remove content that maybe unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

User agrees that his/hers Comments will not violate any law or right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. The User  further agrees that his/hers  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. User shall not use a false e-mail address, pretend to be someone other than himself/herself, or otherwise mislead us or third-parties as to the origin of any Comments. User is  solely responsible for any Comments he/she makes and their accuracy. We take no responsibility and assume no liability for any Comments posted by User 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.     In no event shall Company, its subsidiaries or affiliates, or their respective officers, directors, employees, representatives or agents be liable for special, incidental, consequential, punitive, indirect, or other special damages, including but not limited to, loss of profits, however caused, whether for breach of contract, negligence, or otherwise, and whether or not Company has been advised of the possibility of any such damages.  User further agrees that any and all claims shall be made solely against Company and not against any of its officers, directors, employees, representatives or agents.  Further, Company makes no express or implied warranties, including any warranty of merchantability or that the Device is fit for any particular purpose.  Notwithstanding anything to the contrary, it is agreed that the maximum economic damages User may claim shall be the cost of the Device plus the monthly user fees actually paid.  The User agrees to waive any and all other claims, in law or equity, for any reason whatsoever.

10.PRIVACY POLICY

By using the Site and the Services User agrees to the collection and use of information in accordance with the Privacy Policy. While using the Site he/she may be asked to provide us with certain identifiable information that can be used to contact or identify him/her. Personally identifiable information may include, but is not limited to: your name, email address, telephone number (“Personal Information”). We may use User’s Personal Information to contact him/her with newsletters, marketing or promotional materials, or potentially share with third-parties. The security of User’s Personal Information is important to us, but no method of transmission over the Internet, or methods of electronic storage can be absolutely secure. We suggest that User reviews our Privacy Policy in its entirety before using the Services, or otherwise share any information about you with any third party.

11.INDEMNIFICATION

User shall 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 ceases operation.

12.PROHIBITED USE

In addition to the other restrictions as set forth in the Terms of Service, User is  prohibited from using the site or its content, the device or the application: (a) for any purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) 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; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) 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 Service or any related website for violating any of the prohibited uses.

13.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.

(g) 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.

14.CONTACT INFORMATION

Questions about the Terms of Use can be sent to us at: customer@cibortv.com