PLEASE READ THIS AGREEMENT
CAREFULLY. BY USING THE STREAMING SUBSCRIPTION SERVICES, OR BY CHECKING THE
"I ACCEPT THE TERMS OF SERVICE" BOX LOCATED ON THE ONLINE ORDER FORM,
YOU AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THE TERMS,
CONDITIONS AND DISCLAIMERS SET OUT IN THIS AGREEMENT, AS AMENDED FROM TIME TO
TIME.
GENERAL
The Streaming Subscription Service
(the "Service") offered through the Site, is made available by
Visaic, Inc. Visaic provides streaming platform services that enables content
providers to deliver audio visual sports and entertainment content over the
internet to certain internet connected devices such as PCs, mobile phones,
tables connected TVs and other devices.
DESCRIPTION OF SERVICE
The Service enables website
visitors to view live streaming in an event or linear (24x7) format. To access
the Service, the user must complete an order form (the "Order".)
VISAIC TERMINATION
Visaic reserves the right to
terminate your Order and your access to the Site and Service at any time and
for any reason, including without limitation, if the Account Credit Card is
invalid for any reason, if Visaic does not receive payment, or where Visaic has
determined, in its sole discretion, that use of the Service by you is, or was
in breach of the Terms of Service. Any such termination by Visaic shall be in
addition to and without prejudice to such rights and remedies as may be
available to Visaic, including injunction and other equitable remedies. The
disclaimer, limitations on liability, and indemnity provisions shall survive
termination or expiry of your order and this Agreement.
DISCLAIMERS
YOU EXPRESSLY UNDERSTAND AND AGREE
THAT EACH OF VISAIC, ITS AGENTS, REPRESENTATIVES AND LICENSORS AND EACH OF
THEIR RESPECTIVE AFFILIATES (COLLECTIVELY THE "VISAIC GROUP") DOES
NOT MAKE ANY, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS, WARRANTIES, TERMS,
CONDITIONS AND ENDORSEMENTS (COLLECTIVELY THE "WARRANTIES") OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER HEREUNDER, INCLUDING WITHOUT
LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, SUITABILITY, RELIABILITY, FREEDOM
FROM INFECTIONS OR VIRUSES OR COMPLETENESS AS WELL AS ANY WARRANTIES ARISING BY
STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
FURTHER, THE VISAIC GROUP DOES NOT WARRANT THAT THE SITE, THE SERVICES OR THE
CONTENT WILL CONTINUE TO OPERATE OR OTHERWISE OPERATE WITHOUT INTERRUPTION OR
OTHERWISE IN A TIMELY, SECURE OR ERROR-FREE MANNER OR THAT SAME WILL MEET YOUR
REQUIREMENTS OR EXPECTATIONS. LIMITATION OF LIABILITY: YOU EXPRESSLY UNDERSTAND
AND AGREE THAT IN NO EVENT SHALL VISAIC (INCLUDING EACH OF THEIR RESPECTIVE
OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS) BE RESPONSIBLE OR LIABLE TO YOU OR
ANYONE ELSE (JOINTLY OR SEVERALLY) FOR ANY CLAIM, LOSS OR DAMAGES WHATSOEVER,
INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES FOR LOSS OF INFORMATION OR DATA,
PROFITS, SAVINGS, REVENUE, GOODWILL OR OTHER INTANGIBLE LOSSES ARISING FROM, OR
IN ANY WAY CONNECTED WITH THE SITE, THE SERVICES OR ANY OF THE CONTENT
(INCLUDING THE PERFORMANCE, USE OF, OR ACCESS TO, OR THE INABILITY TO USE OR
ACCESS SAME), REGARDLESS OF WHETHER THE VISAIC GROUP HAD BEEN ADVISED OF OR
COULD HAVE FORESEEN THE POSSIBILITY OF SUCH CLAIM, DAMAGE OR LOSS. THE
LIMITATIONS OF LIABILITY AND DISCLAIMERS HEREIN SHALL APPLY REGARDLESS OF THE
FORM OF ACTION, WHETHER IN CONTRACT, BREACH OF WARRANTY, CIVIL LIABILITY,
STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. NOTWITHSTANDING
THE FOREGOING, IN NO EVENT SHALL VISAIC’S AGGREGATE LIABILITY TO YOU EXCEED THE
AMOUNT PAID TO VISAIC BY YOU FOR THE SERVICE. CERTAIN SERVICES ARE PROVIDED THROUGH
NETWORKS AND FACILITIES, INCLUDING THE PUBLIC TELEPHONE NETWORK, THAT ARE NOT
UNDER THE CONTROL OF VISAIC. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING,
UNDER NO CIRCUMSTANCES SHALL VISAIC GROUP BE HELD LIABLE FOR ANY DELAY OR
FAILURE IN PERFORMANCE OF THE SITE, SERVICES OR CONTENT RESULTING DIRECTLY OR
INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE
CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT
FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES,
ELECTRICAL POWER FAILURES, STRIKES, LABOUR DISPUTES, RIOTS, INSURRECTIONS,
CIVIL DISTURBANCES, SHORTAGES OF LABOUR OR MATERIALS, FIRES, FLOODS, STORMS,
EXPLOSIONS, ACTS OF GOD, WAR, PANDEMICS, GOVERNMENTAL ACTIONS AND ORDERS OF DOMESTIC
OR FOREIGN COURTS OR TRIBUNALS.
You acknowledge and agree that the
Services may be temporarily unavailable as a result of disruptions as described
above. While VISAIC makes every reasonable effort to minimize such downtime,
Visaic cannot guarantee the 100% availability of the Services. Accordingly, if
you are dissatisfied with the Services for any reason, your sole and exclusive
remedy is to discontinue use of the Services in accordance with these Terms of
Service. You expressly acknowledge that Visaic has set the Charges for the
Services, entered into this Agreement, and has and will make the Services
available to you in reliance upon the limitations and exclusions of liability
and the disclaimers set forth herein, and that the same form an essential basis
of the bargain between you and Visaic. You expressly agree that the limitations
and exclusions of liability and the disclaimers set forth herein will survive,
and continue to apply in the case of, a fundamental breach or breaches, the
failure of essential purpose of contract, the failure of any exclusive remedy
or termination of this Agreement.
COMPUTER VIRUSES
While Visaic makes every reasonable
effort to ensure that the Services made available on the Site do not contain
computer viruses and other destructive elements, you acknowledge and agree
that, prior to your use of any of the Services, it is solely your
responsibility to (a) take all protective measures to guard against viruses and
other destructive elements (including the use of industry standard and updated
virus scanning tools); and (b) ensure that you have a complete, current and
secure back-up of the applicable items of information and software on your
computer or other electronic device used to access the Site and Services.
INDEMNITY
You agree to defend, indemnify and
hold harmless each of Visaic, its affiliates, licensors, co-branders and other
partners, and each of their respective officers, directors, employees and
agents, including all third parties mentioned on the Site, from and against any
and all claims, actions or demands, including without limitation reasonable
legal and accounting fees, alleging or resulting from: (a) your breach of any
of the Terms of Service; (b) your access to or use of the Site or Services; (c)
your use or reliance on, or publication, communication or distribution of
anything on or from the Site; or (d) your violation of any law or regulation.
PROHIBITED USES
You agree to comply with all
applicable laws with respect to your use of the Services. Visaic may
investigate any violations of law and may cooperate with law enforcement
authorities in prosecuting users in this regard. Access to the Services made
through proxy servers to avoid geo restrictions and/or blackouts are strictly
prohibited. If detected, Services will be terminated immediately.
LAW AND JURISDICTION
The Site and Services are
controlled, operated and administered by Visaic from its offices within U.S.A.
The Terms of Service shall be interpreted, construed and governed by the laws
of the state of California, USA.
GENERAL
This Agreement is
personal to you, and you may not assign your rights or obligations to anyone.
The Terms of Service constitute the entire agreement between Visaic and you
pertaining to your use of the Services and supersede any prior agreements
between you and Visaic. The parties have required that the Terms of Service and
all documents relating thereto be drawn up in English.
