Terms And Conditions
RIGHT TO USE BackupTV Networks - Internet Streaming TV EQUIPMENT AND PLATFORM
BackupTV Networks TERMS OF USE FOR TV STREAMING SERVICE
backuptvnetworks.com licenses the App to You and grants You access to the BackupTV Networks service, conditioned upon Your acceptance of these Terms of Service and End User License Agreement.
BY CLICKING I AGREE OR ACCEPT, OR BY DOWNLOADING, INSTALLING OR USING THE APP OR SERVICE, YOU AGREE: (A) THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO ITS TERMS; (B) THAT YOU ARE 18 YEARS OF AGE OR OLDER; (C) TO THE BackupTV Networks PRIVACY POLICY. PLEASE CAREFULLY READ THIS AGREEMENT TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. IN THE EVENT THAT WE COMBINE YOUR INFORMATION FROM THE APP WITH OTHER DATA COLLECTED FROM YOUR USE OF OTHER BackupTV Networks PRODUCTS AND SERVICES, THIS COMBINED DATA WILL BE GOVERNED BY THE BackupTV Networks PRIVACY POLICY.
All information, tools, products and services available from us and from this site to you, are conditional upon your acceptance of all terms, conditions, stated herein. By visiting our web site and/ or purchasing or distributing our products or services (The Service) you agree to be bound by the following terms and conditions (Terms of Use). By proceeding and accessing or using any part of the site, you agree to be bound by these Terms of Use. If you do not agree to all the Terms of Use then you may not access the website or use our Service. All new features or tools which are added to our Service shall also be subject to the Terms of Use. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. If at any time after reviewing or using the App You wish to terminate such use or this Agreement, You must un-install and remove the App from Your Device, and delete any copy of the App in Your possession. You agree that information collected from You or Your Device before You un-install, remove or cease to use the App can still be used.
1. Qualification for Purchase
Of our Service By agreeing to these Terms of Use, you represent that you are at least the age of 18. You may not use our Service for any illegal or unauthorized purpose nor may you, in the use of our Service, violate any laws in your jurisdiction (including but not limited to copyright laws). A breach or violation of any of the Terms of Use will result in an immediate termination of our Services.
2. The Service
We reserve the right to refuse the BackupTV Networks service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of our Service, use of the BackupTV Networks Service, or access to our Service or any contact on the website through which the BackupTV Networks service is provided, without express written permission by us.
During your membership we grant you a limited, non-exclusive, non-transferable right to access the BackupTV Networks service and view content. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use the BackupTV Networks service for public performances.
(a) Our Service provides you with the ability to locate and access subscription streaming services. All descriptions of our Service is subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. Many factors affect the availability, cost and quality of programming. We reserve the unrestricted right to change, rearrange, add or delete our programming packages, the selections in those packages, Our prices, and any service we offer, at any time. We will attempt to notify You of any changes within Our reasonable control. During your membership we grant you a limited, non-exclusive, non-transferable right to access the BackupTV Networks service and view content. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use the BackupTV Networks service for public performances, even if no fee is charged for its viewing. You may not rebroadcast, transmit or perform the Content, or charge admission for its viewing, or transmit or distribute running accounts of it. You may not use any of our trademarks.
(b) Certain programming, including sports events, may be blacked out in Your local reception area. Blackout restrictions are decided by the sports leagues and other entities that own the local broadcast rights.
(c) The BackupTV Networks service and any content viewed through the BackupTV Networks service are for your personal and non-commercial use only and may not be shared with individuals beyond your household. The number of devices on which you may simultaneously watch depends on your chosen subscription plan and will vary based on the following rules: .
- We may advise from time to time, the number of devices on which you may watch simultaneously, in accordance with your chosen subscription.
- When subscribed for multiple screens, you'll have access to a total of five simultaneous streams, both in-home and out-of-home. Primary devices can be used simultaneously in-home whereas mobile and/or tablet devices can be used simultaneously both in-home and out-of-home.
- The member who created the account and whose payment method is charged (the "account owner") has access and control over the account and the devices that are used to access our service and is responsible for any activity that occurs through the account. To maintain control over the account and to prevent anyone from accessing the account (which would include information on viewing history for the account), the account owner should maintain control over the devices that are used to access the BackupTV Networks service and not reveal the password or details of the Payment Method associated with the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, ourservles or our partners from identity theft or other fraudulent activity.
(e) The quality of the display of the content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. HD availability is subject to your Internet service and device capabilities. Not all content is available in all formats. Default playback settings on cellular networks exclude HD. The minimum connection speed for SD quality is 1.5 Mbps; however, we recommend a faster connection for improved video quality. A download speed of at least 5.0 Mbps per stream is recommended. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. The time it takes to begin watching content will vary based on a number of factors, including your location, available bandwidth at the time, the content you have selected and the configuration of your device.
3. The Application
The App allows You to access live television and video-on-demand content (collectively, Content available through the BackupTV Networks Service over a broadband or wireless Internet connection.
(a) You must be 18 years of age, or the age of majority in Your state or territory, to subscribe to the BackupTV Networks Service. Individuals under the age of 18, or applicable age of majority, may utilize the App only with the involvement of a parent or legal guardian, under such person's Service account and otherwise subject to this Agreement.
(b) You understand that the BackupTV Networks Service may include, and the App may allow You to access, Content that may be considered offensive, indecent, explicit, or objectionable and this Content may or may not be identified as having explicit language or other objectionable attributes. Neither BackupTV Networks nor its licensors shall have liability to You for such Content. Content types, genres, categories and descriptions, if any, are provided for Your convenience, and neither BackupTV Networks nor its licensors guarantees their accuracy.
(c) Resolution of video content can be affected by the format of the content We receive, the variety of Internet connections and device screens used, and other reasons. So, while we cant guarantee a specific resolution, We use video optimization technology in an effort to provide a better experience, depending on the device being used and the bandwidth available. The quality of the display of the content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. HD availability is subject to your Internet service and device capabilities. Not all content is available in all formats. Default playback settings on cellular networks exclude HD. The minimum connection speed for SD quality is 1.5 Mbps; however, we recommend a faster connection for improved video quality. A download speed of at least 5.0 Mbps per stream is recommended. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. The time it takes to begin watching content will vary based on a number of factors, including your location, available bandwidth at the time, the content you have selected and the configuration of your device.
4. Accuracy of Information
We shall not be held liable if information made available on this site is not accurate, complete or current. The material on our website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our site.
5. Fees & Taxes Fees
Prices for our Service are subject to change without notice. We reserve the right at any time to modify or discontinue our Service (or any part or content thereof) without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of our Service. Our fees are net of any applicable Sales taxes. If any Services, or payments for any goods or services, under this Agreement are subject to Tax in any jurisdiction, you will be responsible for payment of such Tax, and any related penalties or interest and will indemnify us for any liability or expense we may incur in connection with such Taxes. For purposes of this Agreement, Tax shall mean any sales, value added or use tax, and any other tax measured by sales proceeds, that we are permitted to pass to you that is
(a) the functional equivalent of a sales tax and
(b) the applicable taxiing jurisdiction does not otherwise impose a sales or use tax. We may automatically charge and withhold such taxes for orders to be delivered to addresses within any jurisdictions that it deems is required. You will make all payments of fees to us free and clear of, and without reduction for, any withholding taxes. Any such taxes imposed on payments of fees to us will be your sole responsibility, and you will provide us with official receipts issued by the appropriate taxing authority, or such other evidence as we may reasonably request, to establish that such taxes have been paid. When you order products for overseas delivery, you may be subject to import duties and taxes, which are levied when the package with the products arrives at the destination that you specified. Any charges for customs clearance have to be borne by you, as we have no control over such charges and cannot foresee the amount charged (if any). Please also be aware that you are considered the importer of record and must comply with all laws and regulations of such country.
6. Refund Policy
You must cancel Your subscription to the Service before it renews each month in order to avoid charging of the next month's subscription fee to Your Payment Method. You may cancel at any time at www.backuptvnetworks.com. However, We do not provide refunds or credits for any partial-month periods or unwatched Content. If You cancel after Your Renewal Date, You will continue to have access to the Service through the end of Your renewal cycle.
7. Purchase of our Service
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
(a) While We may offer Content for free as part of BackupTV Networks Freeview, the Service includes different subscription packages for which payment of a subscription fee is required to access Content available as part of those packages. You can find the specific details regarding Your subscription package at any time by visiting My Account.
(b) If Your subscription to the Service starts with a free trial, you must cancel prior to the end of the free trial. Upon opting into your free trial you will receive an email with links to your billing portal. Inside this portal it will confirm your trial end date. You will also be reminded during the trial of the end date with a subsequent email of when the trial will expire, with the end date of the trial. You will also receive an email at the conclusion of your free trial, and also one when billing begins. To continue the service after the expiration of the trial, you will need to add your credit/debit card details in the billing portal to allow the subscription charge to be taken.
(c) Your subscription to the Service will continue month-to-month until You cancel Your subscription, or We terminate the Subscription. You must provide Us with a current, valid, accepted method of payment in order to subscribe to the Service. We will charge Your Payment Method monthly, on the same day that Your Subscription to the Service begins. The day that Your Subscription to the Service begins is your Renewal Date For example, if Your Renewal Date is on the 15th of October, We will charge Your Payment Method on the 15th of each subsequent month. However, if Your Renewal Date is on the 29th, 30th, or 31st in a given month, We will charge Your Payment Method on the first day of the following month. For example, if Your Renewal Date is on the 31st of October, We will charge Your Payment Method for the following month on November 1st. If we attempt to charge Your Payment Method on the Renewal Date and payment fails or is declined, then We may re-attempt to charge Your Payment Method one or more times within the following 16 day period. We may also contact You during the same period regarding the failed payments in an effort to ensure continued service. If these attempts to obtain authorized payment are successful, Your Renewal Date will not change. You agree to pay all fees and charges for the subscription, nonrecurring charges, one-time purchases, taxes, fees, surcharges, and assessments applicable to the Service, associated equipment, installation and maintenance, and including all usage and other charges associated with Your account. In order to provide You with the Service, we may pay taxes, fees, and surcharges to municipalities and other governmental entities, which BackupTV Networks may pass on to You.
(d) You authorize Us to store Your Payment Method information, and to charge Your selected Payment Method monthly on Your Renewal Date for Your subscription to the Service. You also authorize Us to charge any one-time purchases or other charges You may incur in connection with Your use of the Service to Your Payment Method. If a payment is not successfully settled, due to insufficient funds, expiration of Your Payment Method, inability to verify Your Payment Method or otherwise, Your subscription to the Service will cancel and will not auto-renew.
(e) We reserve the right to adjust the pricing for the Service, and any element thereof, in any manner and at any time, in Our absolute and sole discretion. Except as otherwise provided in this Agreement, any price changes to the Service, or any element thereof, will take effect following notice to You at the email address registered with Your Service account.
8. Account Access & Passwords
(a) The person who created the Service account and who agrees to this Agreement is the Account Owner.
(b) To provide You with ease of access to Your Service account, the Service implements technology that enables Us to recognize the Account Owner and provide the Account Owner with direct access to the account without retyping any password or other identification each time You visit and use the Service via the App, streaming devices, or Your browser. The Account Owner is solely responsible for enabling this functionality.
(c) The number of devices on which you may simultaneously watch is limited. Currently, You are limited to 1 concurrent streams. The number of devices available for use and the simultaneous streams may change from time to time at our discretion. You can purchase multi-screen subscriptions.
(d) The primary device can not be a mobile device, a primary device; set top box, roku device, amazon fire or smart tv must be added to your account in order to enable a mobile device as part of our conditional access requirements. Each primary unit is authenticated with a unique Serial Number allowing more control of the conditional access for each end user.
9. Third Party Tools and Products
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. You agree to indemnify us for any claims, costs, expenses or damages suffered by us as a result of your unlawful access or use of third party products or tools in association with our Service.
10. Errors, Omissions and Inaccuracies
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
11. Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the site or its content:
(a) for any unlawful 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 our Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of our Service or any related website for violating any of the prohibited uses.
12. Geographic Limitation
The Service is intended only for individuals located in the United States. You represent and warrant that, at any time you attempt to access the Service, you will be located in the United States and will not attempt to access the Service from any other location or through proxy servers located in any other location. We may use technologies to verify Your geographic location, and will block access to the Service based on our good faith determination that You are located outside of the United States.
13. Limitation of Liability
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of our Service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, our Service is at your sole risk. Our Service and all products and services delivered to you through our Service are (except as expressly stated by us) provided as is and as available for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case We, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of our Service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of our Service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
14. Indemnity
You agree to indemnify, defend and us hold harmless together with any of our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
15. Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
16. Severability
In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.
17. Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use and any policies or operating rules posted by us on this site or in respect to our Service constitutes the entire agreement and understanding between you and us and govern your use of our Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use). Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.
18. Governing Law
This agreement shall be governed by and construed in accordance with the substantive laws in which the member is domiciled. Not withstanding the above, BackupTV Networks may, at its own election, choose to bring any action against members in the courts of the country in which the member is domiciled.