TERMS AND CONDITIONS
These Terms and Conditions
(T&Cs) relate to all ‘BEST 9JA TV’ services: it is meant for both
contributors to and users of our platform & publisher in the applicable
country of operation, as well as show to third-parties how our platform &
publisher functions.
By visiting our website
service, you are accepting the T&Cs outlined. They additionally cover our
newsletter and other touch points with our platform & publisher – unless
they are covered directly by T&Cs of third-party-providers. When terms are
mentioned about the website/platform/publisher in these T&Cs they relate to
all services provided by the company.
TERMINOLOGY
The following terminology
applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice
and any or all Agreements:
·
“Content” includes the text, software, scripts,
graphics, photos, sounds, music, videos, audiovisual combinations, interactive
features and other materials you may view on, access through or contribute to
the Services.
·
“Contributor”, “You”, and “Your” refers to you,
the person contributing to the website and accepting the Company’s terms and
conditions. This includes employees working directly for ‘BEST 9JA TV’-related
companies and owners of the brand.
·
“User”, “You”, and “Your” refers to you, the
person accessing this website and our other services and/or contributing to it
and accepting the Company’s terms and conditions.
·
“The Company”, “Ourselves”, “We” and “Us” refers
to our Company.
·
“Party”, “Parties”, or “Us” refers to both the
user and ourselves, or either the user or ourselves.
·
Any use of the above terminology or other words
in the singular, plural, capitalization and/or he/she or they, are taken as
interchangeable and therefore as referring to same.
·
Our Policies And Requirements For Contributors
You must be at least [18]
years of age to use this website. By using this website and by agreeing to
these Terms and Conditions you warrant and represent that you are at least [18]
years of age.
By submitting your text,
software, scripts, graphics, photos, sounds, music, video to our website for
consideration for posting you hereby confirm the rights and responsibilities
that you have with regard to the video and hereby grant ‘BEST 9JA TV’ the
irrevocable right and license to duplicate, broadcast, exhibit, transmit and
exploit the video, or to allow ‘BEST 9JA TV’ to grant sublicenses to third
parties to duplicate, broadcast, exhibit, transmit and exploit the video, on
the internet, mobile platforms or other media throughout the world.
You represent that you either
created the content yourself or have received the legal right and authority
from the person who created the text, software, scripts, graphics, photos,
sounds, music, video to grant ‘BEST 9JA TV’ full and unrestricted rights to the
text, software, scripts, graphics, photos, sounds, music, video, and that our
exercise of such rights shall not constitute an infringement of any copyright,
civil, personal or property right of any third party. If you are submitting a
text, software, scripts, graphics, photos, sounds, music, video, you represent
that you have full authority, permission and license from all copyright
holders.
Unless otherwise agreed to in
writing, ‘BEST 9JA TV’ shall have no obligation to publish or post your text,
software, scripts, graphics, photos, sounds, music, video. For all content
published or posted upon the site, we reserve the right to remove it at our
discretion for any reason whatsoever and we will give no refunds or
compensation.
You hereby agree that you will
indemnify ‘BEST 9JA TV’, its officers, employees and agents, from and against
any and all claims, demands, actions, losses, liabilities, costs and expenses
arising from any breach or alleged breach of any term, warranty or condition of
this agreement, or from any claims of infringement or alleged infringement arising
from your text, software, scripts, graphics, photos, sounds, music, video
submission.
As an interested party, you
may submit Content. You understand that whether or not Content is published, ‘BEST
9JA TV’ does not guarantee any confidentiality with respect to Content.
You understand and agree that
you are solely responsible for your own Content and the consequences of posting
or publishing it. ‘BEST 9JA TV’ as a platform and publisher does not endorse
any Content or any opinion, recommendation, or advice expressed therein, and it
expressly disclaims any and all liability in connection with Content. ‘BEST 9JA
TV’ as a publisher has defined editorial values of Truth, Insightfulness and
Entertainment it asks to be upheld, but it does not define or take
responsibility for local Content. It rather functions as an independent
platform. This is explicitly true for both third-party users as well as
employees of companies associated or employed by ‘BEST 9JA TV’-related or owned
companies.
OUR POLICIES AND REQUIREMENTS FOR USERS
‘BEST 9JA TV’ hereby grants
you permission to access and use the Service, subject to the following express
conditions, and you agree that your failure to adhere to any of these
conditions shall constitute a breach of these Terms on your part:
a) you agree not to distribute
any part of or parts of the Website or the Service, including but not limited
to any Content, in any medium without ‘BEST 9JA TV’ prior written
authorisation, unless ‘BEST 9JA TV’ makes available the means for such
distribution through functionality offered by the Service;
b) you agree not to (or
attempt to) circumvent, disable or otherwise interfere with any security
related features of the Service or features that (i) prevent or restrict use or
copying of Content or (ii) enforce limitations on use of the Service or the content
accessible via the Service;
c) you agree not to use the
Service for any of the following commercial uses unless you obtain ‘BEST 9JA
TV’ prior written approval:
i. the sale of access to the
Service
ii. the sale of advertising,
sponsorships or promotions placed on or within the Service, or Content ;
iii. the sale of advertising,
sponsorships or promotions on any page of an ad-enabled channel or website
containing Content delivered via the Service
d) you agree not to use or
launch any automated system (including, without limitation, any robot, spider
or offline reader) that accesses the Service in a manner that sends more
request messages to the ‘BEST 9JA TV’ servers in a given period of time than a
human can reasonably produce in the same period by using a publicly available,
standard (i.e. not modified) web browser;
e) you agree not to collect or
harvest any personal data of any user of the Website or any Service (and agree
that this shall be deemed to include ‘BEST 9JA TV’.ng account names);
f) you agree not to use the Website
or the Services (including the comments and email features in the Website) for
the solicitation of business in the course of trade or in connection with a
commercial enterprise;
g) you shall not copy,
reproduce, distribute, transmit, broadcast, display, sell, license, or
otherwise exploit any Content for any other purposes without the prior written
consent of ‘BEST 9JA TV’ or the respective licensors of the Content.
GOVERNING LAWS & REGULATIONS
These Terms and Conditions
shall be governed by and interpreted in accordance with all applicable federal
and state laws, rules and regulations of the applicable country of operation.
By accessing this website and using our services, you consent to these terms
and conditions and to the exclusive jurisdiction of the courts in all disputes
arising out of such access. If any of these terms are deemed invalid or
unenforceable for any reason, then the invalid or unenforceable provision will
be severed from these terms and the remaining terms will continue to apply.
Failure of the Company to enforce any of the provisions set out in these terms
and Conditions and any Agreement, or failure to exercise any option to
terminate, shall not be construed as waiver of such provisions and shall not
affect the validity of these Terms and Conditions or of any Agreement or any
part thereof, or the right thereafter to enforce each and every provision.
Disclaimer
‘BEST 9JA TV’ accepts no
responsibility whatsoever for the content of any site connected to this website
whether by hyper-link or otherwise. Any links provided from its website are on
an ‘as is’ basis and with no warranty whatsoever whether express or implied as
to their functionality, use, or in respect of the information provided on or
linked to their related sites.
‘BEST 9JA TV’ takes all
reasonable steps to demand of its Contributors to ensure that the information
displayed on its website is accurate and up to date but we accept no liability
whatsoever for any loss occasioned to any person firm or company (whether
direct, indirect or consequential) nor for any damages (whether general,
special or aggrivated, punitive including triple damages), costs, claims or
expenses arising from any action, error or omission on ‘BEST 9JA TV’’s part or
that of its employees or agents or any other third parties in connection with
the information displayed on its website.
‘BEST 9JA TV’ and/or any of
its affiliates disclaim all liabilities, obligations, warranties or
responsibility in any event whatsoever and make no representation, either
express or implied, statutory or otherwise, including warranties or
representations with respect to the accuracy, reliability, completeness,
fitness for particular purpose, merchantability, non-infringement of third parties
rights and/or safety of the contents of this Web Site, and any representations
and warranties relating thereto are expressly disclaimed. ‘BEST 9JA TV’ and/or
any of its affiliates shall not be liable for any loss or damage arising out of
your use or access, or inability to use or access, the Web Site. ‘BEST 9JA TV’
does not warrant that the functions contained in the materials available on
this site will be uninterrupted or error-free, that defects will be corrected,
or that the materials, this site or the server that makes them available are
free of viruses or other harmful components. You assume the entire risk and
cost of all necessary servicing, repair and correction.
We may periodically amend,
add, delete, update or alter the services including, without limitation, these
terms and conditions. We may suspend or discontinue the services provided
through this Web Site at any time without any prior notice.
You agree that neither we nor
any of our officers, directors, employees, shareholders, parents, subsidiaries,
affiliates, agents or third party service providers nor our vendors, suppliers,
or licensors is responsible for any damages resulting from:
·
anything done or not done by us and/or someone
else;
·
providing or failing to provide services,
including, but not limited to, deficiencies or problems with a device or
network coverage (for example, dropped, blocked, interrupted services, etc.);
·
traffic or other accidents, or any
health-related claims relating to our services;
·
data content or information lost or accessed while
using our services;
·
interrupted, failed, or inaccurate location
information services;
·
information or communication that is blocked by
a spam filter or other security or safeguard device;
·
damage to your device or any computer or
equipment connected to your device, or damage to or loss of any information
stored on your device, computer, equipment, or boost storage space from your
use of the services or from viruses, worms, or downloads of malicious content,
materials, data, text, images, video, or audio; or
·
things beyond our control, including acts of god
(for example, weather-related phenomena, fire, earthquake, hurricane, etc.),
riot, strike, war, terrorism, or government orders or acts.
·
You should implement appropriate safeguards to
secure your device, computer, or equipment and to backup your information
stored on each.
·
To the extent allowed by law, our liability for
monetary damages for any claims that you may have against us is limited to no
more than the proportionate amount of the service charges attributable to the
affected period. Under no circumstances are we liable for any incidental,
consequential, punitive, multiple, or special damages of any nature whatsoever
arising out of or related to providing or failing to provide services in
connection with a device, including, but not limited to, lost profits, loss of
business, or cost of replacement products and services.
AMENDMENT, ASSIGNMENT & WAIVER
Amendment and Notification of Changes
The Company reserves the right
to change, amend, modify, or revise these conditions from time to time as it
seems fit and your continued use of the site will signify your acceptance of
any adjustment to these terms. Any use of the Services following such notice
will constitute your agreement to such change(s).
Further, we may, from time to
time, revise or update the applications, services, and/or related material,
which may render all such prior versions obsolete. Consequently, we reserve the
right to terminate these Terms and Conditions as to all such prior versions of
the applications, services, and/or related material and limit access to only
the most recent revisions and updates.
These terms and conditions
form part of the Agreement between the User and the Company. Your accessing of
this website and/or undertaking of a contract or booking indicates your
understanding, agreement to and acceptance, of the Disclaimer Notice and the
full Terms and Conditions contained herein.
Assignment
You may not transfer, assign,
or sub-contract any of your rights and obligations under these Terms and
Conditions. We may assign, transfer, or sub-contract our rights and obligations
under these Terms and Conditions without notifying you or obtaining your
consent, and with no further liability.
Waiver
Failure of either Party to
insist upon strict performance of any provision of this or any Agreement or the
failure of either Party to exercise any right or remedy to which it, he or they
are entitled hereunder shall not constitute a waiver thereof, and shall not
cause a diminution of the obligations under this or any Agreement. Neither the
course of conduct between the parties nor trade practice shall act to modify
any provision of these Terms and Conditions. No waiver of any of the provisions
of this or any Agreement shall be effective unless it is expressly stated to be
such and signed by both Parties. No delay or omission on our part in exercising
any rights or remedies shall operate as a waiver of such rights or remedies or
any other rights or remedies. A waiver on any one occasion shall not be
construed as a bar or waiver of any rights or remedies on future occasions.
