BxVideo Solutions | EZLive Caption Terms of Service
These Terms of Service constitute a legally binding agreement (the “Terms”) between you and BxVideo (“BxVideo” “we,” “us” or “our”) governing your use of BxVideo applications, websites, contents, products, and/or services (the “Services”). By accessing or using the Services, you agree to be bound by these Terms. Please read them carefully.
BxVideo provides an online venue that allows automatic captioning Services made available by BxVideo Solutions, LLC and its subsidiaries, representatives, affiliates, officers and directors (collectively, “BxVideo”).
Please be advised: These Terms contain provisions that govern how claims that you and BxVideo have against each other can be brought (see below). These provisions will, with limited exception, require that you submit claims you have against BxVideo to binding and final arbitration on an individual basis, not as a plaintiff or class member in any class, group or representative action or proceeding.
BxVideo may amend the Terms and modify or update the Services from time to time. Your continued use of the Services after any such changes are posted here will constitute your acceptance of the amended Terms.
By agreeing to these Terms, you expressly acknowledge that you understand the Terms (including the dispute resolution and arbitration provisions contained herein) and accept all of them. If you do not agree to be bound by these Terms, you may not use or access the Services.
For the purposes of these Terms of Service, the term ‘BxVideo’ or ‘Us’ or ‘We’ or ‘Our’ refers to BxVideo Solutions, LLC. The term ‘You’ or ‘Yours’ refers to the user of the Services. When You use our Services, You will be subject to the terms, guidelines and policies applicable to such Services and as set forth in these Terms of Service. As long as you comply with these Terms of Service, We grant You a personal, non-exclusive, non-transferable, limited revocable license to access and use our Services solely for your own personal purposes. All rights not expressly granted to you are reserved by BxVideo and its licensors.
1. Acceptance of Terms
1.1 These Terms of Service sets forth legally binding terms for Your use of our Services. By clicking the “I accept…” box upon Registration for the Service, You agree to be bound by these Terms of Service, whether You are a “Visitor” (which means that you simply browse our Platforms) or you are a “Subscriber” (which means you have registered with BxVideo as a subscribing user). If You do not accept these terms, You are not authorized to access or use BxVideo Services and should leave the Website and/or App and/or Platforms and discontinue the use of the Services immediately.
1.2 We may modify these Terms of Service from time to time, and such modification shall be effective upon its posting. You agree to be bound by any modification to these terms when You use the Services after any such modification is posted; it is therefore important that You review these Terms of Service regularly.
2. General Registration Requirements
2.1 In consideration of your use of our Services, you represent that You are of legal age to form a binding contract and are not a person barred from receiving services under any law in force in your applicable jurisdiction. In the US, You represent and warrant that you are at least 18 years old and legally entitled to enter these Terms, and that you have the authority and capacity to enter into and abide by these Terms. You also agree to:
(a) provide true, accurate, current and complete information about yourself while registering for our Services; and
(b) maintain and promptly update Your registration data to keep it true, accurate, current and complete.
2.2 If You provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We reserve the right to suspend or terminate Your account and refuse any and all current or future use of our Services (or any portion thereof) at any time.
2.3 There is limited content available on our Services. All of such content is provided to You “AS IS” for Your information and personal use by You only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of BxVideo. BxVideo reserves all rights not expressly granted in and to the Services.
2.4 You may access our Services as available for information and personal use by You. It is your responsibility to ensure you have the correct software and equipment for use with the Services. You will only use an access point or data account that you are authorized to use.
2.5 You will be required to enter a valid phone number and a valid email address while registering on our Services as a Subscriber. By registering those two details with us, you consent to be contacted by us via emails, phone calls, SMS notifications or instant messages, in case of any Services updates. If at any time You wish not to receive any future communications or You wish to have Your name deleted from our mailing lists, please contact us as indicated below.
3. Subscriber Account and Security
If You register with BxVideo, you may be required to complete a verification process as part of setting up Your account. Once set up, You are responsible for maintaining the confidentiality of Your account information, and are fully responsible for all activities that occur through Your account. Should there be instances of any unauthorized use of Your account or any other breach of security, please notify Us to stop processing unauthorized requests from Your account, until further instructions.
4. Services and Payment
BxVideo’s Services may connect You to a third party (“Other Services”). BxVideo does not run Other Services nor does it actively supervise the Other Services as they pertain to a third party.
5.1 Our Services depend on the information You provide to us. You are solely responsible for and in control of the Information You provide to us.
5.2 If You use Our Services, You agree that information about Your use of the BxVideo Services through Your mobile telecommunication device may be communicated to us, and we may obtain information about Your mobile carrier, Your mobile device, or Your physical location. In addition, use of Our Services through a mobile telecommunication device may cause data to be displayed on and through Your mobile device. By accessing Our Services using a mobile telecommunication device, You represent that to the extent You import any of Your BxVideo data to Your mobile telecommunication device that You have authority to share the transferred data with Your mobile carrier or other access provider. In the event You change or deactivate Your mobile account, You must promptly update Your BxVideo account information to ensure that Your messages are not sent to the person that acquires Your old number and failure to do so is Your responsibility. You acknowledge that You are responsible for all charges and necessary permissions related to accessing Our Services through Your mobile access provider. Therefore, You should check with Your provider to find out if Our Services are available for Your specific mobile devices.
5.3 BxVideo reserves the right to collect Your data including name, contact information and other details to facilitate the use of its Services. All information collected from You are on a bona fide basis. Misuse and misrepresentation of identity or contact details will lead to automated termination of services or the use of Our Services without the obligation of a prior notice to You.
5.4 Compilation of user accounts and user accounts bearing contact phone numbers and e-mail addresses are owned by BxVideo.
5.5 In the case where the system is unable to establish unique identity of the user against a valid phone number or e-mail address, the account shall be indefinitely suspended. BxVideo reserves the full discretion to suspend a user’s account in the above event and does not have the liability to share any account information whatsoever.
5.6 We will not disclose to third parties certain data related to You, without providing Your personal details such as name, postal address, e-mail address, phone number, unless: (1) You expressly permit us to do so, or any other person You may specifically designate to disclose such information or (2) We are required to disclose such information by any applicable law or legal process.
6. Prohibited Conduct
6.1 You may only access the Services using authorized means. You will not use the Services for any fraudulent purposes or to cause nuisance, annoyance or inconvenience. You agree not to use the Services inappropriately, or otherwise transmit information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content” means the transmission of information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials generated by a user) that:
(a) is patently offensive and/or promotes racism, bigotry, hatred, sexism, gender based discrimination or physical harm of any kind against any group or individual
(b) harasses or advocates harassment of another person
(c) exploits people in a sexual or violent manner
(d) contains nudity, violence, pornography, sexually explicit Content or offensive subject matter
(e) promotes information that You know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous
(f) violates any intellectual property or other proprietary right of any third party, including Content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files
(g) involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”
(h) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page)
(i) furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses
(j) solicits passwords or personal identifying information from other Subscribers
(k) involves commercial activities and/or sales without BxVideo’s prior written consent, such as contests, sweepstakes, barter, advertising, and/or pyramid schemes
(l) includes a photograph of another person that You have posted without that person’s consent or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights
(m) denigrates, ridicules, or demeans another person; or contains a virus or other harmful component
(n) create Internet "links" to the Services or "frame" or "mirror" any software on any other server or wireless or Internet-based device
(o) reverse engineer or access the Services (except as permitted by applicable law) in order to, build a competitive product or service, build a product using similar ideas, features, functions or graphics of the Services, or copy any ideas, features, functions or graphics of the Services
(p) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Services
(q) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws through the Services
(r) send or store through or on the Services infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or in violation of third party privacy rights
(s) send or store through or on the Services material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs
(t) interfere with or disrupt the integrity or performance of the Services or the data contained therein
(u) attempt to gain unauthorized access to the Services or its related systems or networks, or
(v) try to harm the Services in any way.
6.2 You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses Our Services.
7. Termination or Suspension of Account or Services
You agree that BxVideo may at any time and for any reason, terminate Your access to Our Services, or restrict or suspend Your access to all or any part of our Services at any time, for any or no reason, with or without prior notice, and without liability. We may also terminate the rendering of any service without prior notice or liability.
You acknowledge, consent and agree that BxVideo may access, preserve and disclose Your account information if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:
8.1 comply with legal process nationally or internationally
8.2 enforce these Terms
8.3 respond to Your requests for service or complete Your tasks
8.4 protect the rights, property or personal safety of BxVideo, its Subscribers and the public, or
9. Security Components
You understand that Our Services and software embodied within the Services may include security components that permit digital Content to be protected, and that use of this Content is subject to usage rules set by BxVideo and/or content providers who provide Content to BxVideo. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded in Our Services.
10. Proprietary Rights
All Content on Our Services, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by BxVideo and/or Our Partners. You acknowledge and agree that all Content on Our Services is made available for limited personal use only. Except as specifically provided herein or elsewhere in Our Services, no Content may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without BxVideo’s prior express written permission. You may not add, delete, distort, or otherwise modify the Content. Any unauthorized attempt to modify any Content, to defeat or circumvent any security features, or to utilize Our Services or any part of the Content for any purpose other than its intended purposes is strictly prohibited.
11. BxVideo and Links to Third Parties
Our Services may contain links to other sites owned by third parties (i.e. advertisers, affiliate partners, strategic partners, or others). We are not responsible for examining or evaluating, and We do not warrant the products or offerings of, any of these businesses or individuals, or the accuracy of the materials of their Websites. BxVideo does not assume any responsibility or liability for the actions, product, and materials of any such third party websites. Before You use any third party websites, You should review the applicable Terms of Service and policies for such third party websites. If You decide to access any such linked third party website, You do so at your own risk.
We may introduce You to independent third parties to complete Your tasks. Where we refer independent third party service providers, You shall pay the fees directly to the service provider. BxVideo’s disclaims all responsibility and liability as regards the services, conduct or actions of such third party.
12. General Terms and Conditions
12.1 You agree and accept that the use of the Services provided by BxVideo is at Your sole risk and further acknowledge that BxVideo disclaims all representations and warranties of any kind, whether express or implied.
12.2 You shall ensure that You will not indulge in using the BxVideo Services while asking the service provider to break any Police and/or government rules for any purpose (especially getting the service faster). The service provider has the right to refuse such a request by You.
12.3 You agree and acknowledge that the use of the Services offered by BxVideo is at Your sole risk and that BxVideo disclaims all representations and warranties of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes are excluded to the fullest extent permitted by law.
12.4 Without prejudice to the above, BxVideo makes no representation or warranty that the Services will meet the customer’s requirements. In all circumstances BxVideo’s liability is limited to the service fee paid by You for the transaction in question.
12.5 BxVideo will not be liable for any damages of any kind arising from the use of the Service offered by the Company, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
12.6 BxVideo shall be entitled at any time without giving any reason to terminate the request for Services from You.
12.7 If You have any complaint in respect of the Services, You must inform BxVideo of the same in writing within 24 hours of using the Services of BxVideo.
12.8 BxVideo shall not be liable for any conduct or behavior or actions of third party service providers. However, BxVideo encourages You to notify it of any complaints that You may have against the service provider that You may have hired using BxVideo’s Services.
12.9 In the event Your task requires the purchase or sale of any product or service, such product or service is provided to You from a third party merchant. Any grievance with such product or service should be raised with such merchant. You understand and acknowledge that except for the BxVideo Services, BxVideo by itself does not sell or provide any such product or service. BxVideo is not responsible for the quality, merchantability or fitness of such product or service.
12.10 You may not authorize others to use your user status, and you may not assign or otherwise transfer your user account to any other person or entity.
13. Compliance with Applicable Law
13.1 You agree that You shall not use any BxVideo Services in order to host, display, upload, modify, publish, transmit, update, distribute, share, store or destroy material, including without limitation, BxVideo content:
(a) in violation of any applicable law or regulation,
(b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property or proprietary rights of others or violate the privacy, publicity or other personal rights of others,
(c) that belongs to another person and to which the user does not have any right to,
(d) that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, threatening, abusive or hateful or racially, ethnically objectionable, disparaging, relating encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever,
(e) harm minors in any way, deceives or misleads the addressee about the origin of such message or communicates any information which is grossly offensive or menacing in nature,
(f) impersonate another person or entity,
(g) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of BxVideo’s computer systems or site or BxVideo’s users, customer’s computer systems or site, or
(h) threatens the unity, integrity, defense, security or sovereignty of the United States of America, friendly relations with foreign states or of public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or insulting any other nation.
14. Intellectual Property Rights
14.1 The Services provided by BxVideo is premised on a proprietary software developed and made available exclusively by BxVideo. BxVideo is the sole owner of the Services created for Your use. BxVideo alone (and its licensors, where applicable) shall own all of the right, title and interest (including all related intellectual property rights), in and to the past, present, and future versions of the Services and all content therein. This content shall include, but is not limited to all layout, text, illustrations, instructions, files, images, designs, software, scripts, graphics, photos, sounds, music, audio files, videos, information, materials, technology, interactive features, the “look and feel” of the Services, the compilation and arrangement of the Services, BxVideo trademarks, all copyrightable material (including source code and object code) and derivative works or enhancements of any of the above, unless ownership rights remain with a user as part of a User Submission, as described in the User Content section below.
BxVideo alone (and its licensors, where applicable) shall also own all of the right, title, and interest (including all related intellectual property right), in and to any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Services.
These Terms are not a sale and do not convey to you any rights of ownership in or related to the Services, or any intellectual property rights owned by BxVideo. The BxVideo name, BxVideo logo, and the product names associated with the Services are trademarks of BxVideo or third parties, and no right or license is granted to use them. BxVideo provides You with a single limited license to download, use and access software on Your devices for the limited purpose of using the Services. The license is specifically personal, non-transferable, and non-exclusive. You may not copy, reproduce or use such content without due attribution of ownership to BxVideo. All icons and logos are trademarks of and proprietary to BxVideo. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
14.2 All content is the exclusive copyright of BxVideo or its licensors, except the Third Party content and link to third party website. Systematic retrieval of BxVideo content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from BxVideo is prohibited. In addition, use of the content for any purpose not expressly permitted by BxVideo in these Terms is prohibited and may invite legal action.
15. User Content
15.2 For all User Submissions, you hereby grant BxVideo a license to translate, modify (for technical purposes, for example making sure your content is viewable on an mobile phone as well as a computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services, as described in more detail below. This is a license only – your ownership in User Submissions is not affected. However, pursuant to the Intellectual Property Terms & Conditions above, BxVideo alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Services, whether provided in a User Submission or not.
15.3 If you store a User Submission in your own personal BxVideo account, in a manner that is not viewable by any other user except you (a "Personal User Submission"), you grant BxVideo the license above, as well as a license to process and display your Personal User Submission for the sole purpose of making that Personal User Submission accessible to you and providing the Services necessary to do so.
15.4 If you share a User Submission only in a manner that only certain specified users can view (for example, a private message to one or more other users)(a "Limited Audience User Submission"), then you grant BxVideo the licenses above, as well as a license to display, perform, and distribute your Limited Audience User Submission for the sole purpose of making that Limited Audience User Submission accessible to such other specified users, and providing the Services necessary to do so. Also, you grant such other specified users a license to access that Limited Audience User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.
15.5 If you share a User Submission publicly on the Services and/or in a manner that more than just you or certain specified users can view (a "Public User Submission"), then you grant BxVideo the licenses above, as well as a license to display, perform, and distribute your Public User Submission for the purpose of making that Public User Submission accessible to all BxVideo users and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with the Services for any purpose. Also, you grant all other users of the Services a license to access that Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.
15.6 You agree that the licenses you grant are royalty-free, perpetual, sublicenseable, irrevocable, and worldwide.
Finally, you understand and agree that BxVideo, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.
16. THIRD PARTY INTERACTIONS
16.1 During your use of the Services, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through the Services. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. BxVideo and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party. BxVideo does not endorse any sites on the Internet that are linked through the Services, and in no event shall BxVideo or its licensors be responsible for any content, products, services or other materials on or available from such sites or third party providers. You recognize that certain third-party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and BxVideo disclaims any and all responsibility or liability arising from such agreements between you and the third party providers.
17. Acceptance of Terms
17.1 These Terms shall remain in full force and effect for so long as it is posted on any of Our Services. You may terminate your use at any time.
17.2 BxVideo reserves the right to terminate Your account or Your access to the Services immediately, with or without notice to You, and without liability to You, if BxVideo believes that You have breached any of these Terms, furnished BxVideo with false or misleading information, or interfered with use of the Services by others.
18. INTERNET DELAYS
BXVIDEO SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. BXVIDEO IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
Disclaimer of Warranties and liability
18.1 All the material and products on our Services, (including but not limited to software) and services, included on or otherwise made available to You through our Services are provided on “AS IS” and “AS AVAILABLE” basis, without any representation or warranties, express or implied, except otherwise specified in writing. Without prejudice to the forgoing paragraph, BxVideo does not warrant that the Services provided pursuant thereto will be constantly available, or available at all.
18.2 BxVideo will not be liable to You in any way or in relation to the contents of, or use of, or otherwise in connection with its Services. BxVideo does not warrant that the information, content, materials, product (including software) or services included on or otherwise made available to You through its Services; their servers; or electronic communication sent from Us are free of viruses or other harmful components.
18.3 SUBJECT TO APPLICABLE LAWS, IN NO EVENT WILL BXVIDEO OR ITS EMPLOYEES OR ITS AGENTS AGGREGATE LIABILITY ARISING FROM OR RELATED TO THE SERVICES SHALL NOT EXCEED THE PAYMENTS ACTUALLY RECEIVED AND RETAINED BY BXVIDEO FROM YOU AS SERVICE FEES FOR THE SERVICES RENDERED FOR ANY AND ALL CAUSES OF ACTION BROUGHT BY YOU OR YOUR AGENTS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BXVIDEO AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (B) BXVIDEO MAKES NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN ANY SOFTWARE ASSOCIATED WITH THE USE OF THE SERVICES WILL BE CORRECTED. (C) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BXVIDEO OR ITS AFFILIATES OR THROUGH OR FROM THE BXVIDEO SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICES.
IN NO EVENT SHALL BXVIDEO NOR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT DAMAGES. IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BXVIDEO NOR ANY OF ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM: (I) PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF PROFITS, INTERRUPTION OF SERVICES, OR LOSS OF DATA; OR (II) MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO BXVIDEO RECORDS, PROGRAMS, OR SERVICES, AND WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR FUNDAMENTAL BREACH), OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, THIS SITE OR ANY SERVICE OFFERED THROUGH THIS SITE OR ANY MATERIAL OR INFORMATION CONTAINED IN, ACCESSED THROUGH, OR PRODUCTS PURCHASED ON, THIS WEB SITE, EVEN IF AN AUTHORIZED REPRESENTATIVE OF BXVIDEO OR ANY OF ITS AFFILIATES IS ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF THE SAME. TO THE EXTENT CERTAIN JURISDICTIONS RESTRICT ANY OF THE ABOVE LIMITATIONS OF LIABILITY, SUCH LIMITATIONS SHALL NOT APPLY IN SUCH JURISDICTIONS TO THE EXTENT OF SUCH RESTRICTIONS. YOU ACKNOWLEDGE AND AGREE THAT BXVIDEO AND ITS AFFILIATES AGGREGATE LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, FEES, CHARGES, EXPENSES, OR LIABILITIES, AND IN CIRCUMSTANCES WHERE THE FOREGOING LIMITATION IS FINALLY DETERMINED TO BE UNAVAILABLE, SHALL NOT EXCEED THE FEE PAID BY YOU PRIOR TO THE FIRST OCCURRENCE OF THE SUBJECT DAMAGES, LOSSES, FEES, CHARGES, EXPENSES OR LIABILITIES.
IF YOUR USE OF THE MATERIALS RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.
YOU AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.
19. Cancellations and Refunds
19.1 If a third party vendor has been engaged You will in such circumstances be subject to the cancellation and refund policies of such third party vendor.
19.2 Our decision on refunds shall be at our sole discretion and shall be final and binding. All refund shall be processed and credited to your account in accordance with the terms that may be stipulated by the partner payment merchant and/or associated bank.
20. Exclusions and Limitations
Those who access or use Our Services from other jurisdictions do so at their own volition and are responsible for compliance with the local law.
You agree to defend, indemnify and hold harmless BxVideo, its subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees and costs) arising from:
(a) Your use of and access to Our Services in a manner except as permitted herein;
(b) Your violation of any of these Terms or any applicable law;
(c) Your violation of any third party right, including without limitation any copyright, property, or privacy right; or
This indemnification obligation will survive the termination of Your account or use of Our Services.
22. Additional Terms
We may also require You to follow additional rules, guidelines or other conditions in order to participate in certain promotions or activities available through our Services. These additional terms are part of these Terms, and You agree to comply with them when You participate in those promotions, or otherwise engage in activities governed by such additional terms.
23. Modification and Discontinuation
We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently Our website, application, software or any of our Services (or any portion thereof) with or without notice. You agree that we will not be liable to You or to any third party for any such modification, editing, deletion, suspension or discontinuance of our Services.
You may discontinue using the Services at any time. You may also delete your account by writing to Us at support@BxVideo.com. Deletion of Your account will be effective once all outstanding credits to Your account have been cleared. Please note, upon deletion of Your account we may still retain some information and record of transactions as required by any law, contract or policy applicable to Us.
These Terms of Service and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by BxVideo without restriction.
25. Integration Clause
26. Waiver and Severability of Term
The failure of BxVideo to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
27. DISPUTES/MANDATORY INDIVIDUAL ARBITRATION
Any dispute or claim relating in any way to your use of the Services will be resolved by binding arbitration on an individual basis, rather than in court, except that you may assert claims in small claims court if your claims qualify.
ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. The Federal Arbitration Act and federal arbitration law apply to this agreement.
“Disputes” or “claims” under this provision shall include, but are not limited to, any dispute, claim or controversy, whether based on past, present, or future events, arising out of or relating to: the Terms and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof), the Services, any other goods or services made available through the Services, your relationship with BxVideo, the threatened or actual suspension, deactivation or termination of your account with BxVideo, payments made by you or any payments made or allegedly owed to you, any promotions or offers made by BxVideo, any claims for fraud, defamation, emotional distress, breach of any express or implied contract or covenant, claims arising under federal or state consumer protection laws; claims arising under antitrust laws, claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act; and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, and state statutes, if any, addressing the same or similar subject matters, and all other federal and state statutory and common law claims. All disputes concerning the arbitrability of a claim (including disputes about the scope, applicability, enforceability, revocability or validity of the Arbitration Agreement) shall be decided by the arbitrator, except as expressly provided below.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to support@BxVideo.com. The arbitration will be conducted by JAMS under its rules, including the JAMS Consumer Minimum Standards. JAMS’s rules are available at www.jamsadr.com or by calling 1-800-352-5267. Payment of all filing, administration and arbitrator fees will be governed by the JAMS rules. We will reimburse those fees for claims totaling less than $1,000 unless the arbitrator determines the claims are frivolous. Likewise, BxVideo will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. The arbitrator shall have no authority to consider or resolve any claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consider or resolve any claim or issue any relief on a class, collective, or representative basis. Other than disputes regarding the validity of the class action waiver contained herein, which disputes may be resolved only by a civil court of competent jurisdiction, all disputes regarding the scope and validity of these Terms will be resolved by the arbitrator.
If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
28. Governing Law and Venue
To the extent permitted by applicable law, You agree that these Terms are governed by the laws of Allegheny County, Pennsylvania, USA and that the Federal and State Courts in Allegheny County, Pennsylvania shall be the sole and exclusive jurisdictions for any and all disputes arising out of Your use of BxVideo Services.
By using BxVideo You agree to the applicability of the laws and jurisdiction of the state from which You have accessed the Services, without regard to any principles of conflict of laws, for any matters related to Your access or use of this site.
In case of any grievance arising from the use of Our Services please write to us at support@BxVideo.com.
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