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
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 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.
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.
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.
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.
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.
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.
What information do we
We collect information from you when you
register on our site, place a subscription order, subscribe to a newsletter or
fill out a form.
When subscribing or registering on our site,
as appropriate, you may be asked to enter your: name, e-mail address, mailing
address, phone number or credit card information. You may, however, visit our
beacons to enhance your experience, gather general visitor information, and
below for information about cookies and how we use them.
What do we use your
Any of the information we collect from you may
be used in one of the following ways:
·To personalize your
experience (your information helps us to better respond to your individual
·To improve our website
(we continually strive to improve our website offerings based on the
information and feedback we receive from you)
·To improve customer
service (your information helps us to more effectively respond to your customer
service requests and support needs)
transactions - Your information, whether public or private, will not be sold,
exchanged, transferred, or given to any other company for any reason
whatsoever, without your consent, other than for the express purpose of
delivering the purchased service requested.
·To send periodic
emails - The email address you provide for subscription order processing, will
only be used to send you information and updates pertaining to your
How do we protect your
We implement a variety of security measures to
maintain the safety of your personal information when you place a subscription
order or access your personal information.
We offer the use of a secure server. All
supplied sensitive/credit information is transmitted via Secure Socket Layer
(SSL) technology and then encrypted into our Payment gateway provider's
database only to be accessible by those authorized with special access rights
to such systems, and are required to keep the information confidential.
After a transaction, your private information
(credit card information) will not be stored on our servers.
Yes (Cookies are small files that a site or
its service provider transfers to your computers hard drive through your web
browser (if you allow) that enables the sites or service providers to recognize
your browser and capture and remember certain information).
items in your shopping cart, understand and save your preferences for future
visits, compile aggregate data about site traffic and site interaction so that
we can offer better site experiences and tools in the future.
If you prefer, you can choose to have your computer
warn you each time a cookie is being sent, or you can choose to turn off all
cookies via your browser settings. Like most websites, if you turn your cookies
off, some of our services may not function properly. However, you can still
place subscription orders over the telephone or by contacting customer service.
Do we disclose any
information to outside parties?
We do not sell, trade, or otherwise transfer
to outside parties your personally identifiable information. This does not
include trusted third parties who assist us in operating our website,
conducting our business, or servicing you, so long as those parties agree to
keep this information confidential. We may also release your information when
we believe release is appropriate to comply with the law, enforce our site
policies, or protect ours or others' rights, property, or safety. However,
non-personally identifiable visitor information may be provided to other
parties for marketing, advertising, or other uses.
Third party links
Occasionally, at our discretion, we may
include or offer third party products or services on our website. These third
party sites have a separate and independent privacy policies. We therefore have
no responsibility or liability for the content and activities of these linked
sites. Nonetheless, we seek to protect the integrity of our site and welcome
any feedback about these sites.
information collected through our website and not to information offline.
Terms and Conditions
Please also visit our Terms and Conditions
section establishing the use, disclaimers, and limitations of liability
governing the use of our website at
By using our site & services, you consent
Changes to our Privacy
If there are any questions