Terms of Service
1. Acceptance of Agreement
This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website and your Membership in the Service. Clicking on the .Accept. button at the end of this Agreement creates an electronic signature that has the same legal force and effect as a handwritten signature. By clicking on the .Accept. button, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein.
EnovativeTV reserves the right, at its sole discretion, to modify this Agreement in the future, and such modifications shall be deemed effective immediately upon posting to the Website. Any continued use of the Website after posting such changes will constitute your acceptance of this Agreement as modified.
You must be at least eighteen (18) years of age to register as a Member or use this Website. Membership in the Service is void where prohibited. By using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
3. Responsibility for Account
You are responsible for all activity under your account with the Service. You are responsible for maintaining the confidentiality of any password connected with your account. You may allow only members of your household to use your account.
You acknowledge that you are aware that some content available through the Service may be unsuitable for minors, and you agree to supervise usage by minors whom you permit to use the Service.
4. No Commercial or Unlawful Use
This product is only for your personal use and may not be used in connection with any commercial endeavors.
You are required to comply with all applicable laws in connection with your use of the Website, and such further limitations as may be set forth in any written or on-screen notice from EnovativeTV. As a condition of your use of the Website, you warrant that you will not use the Website for any purpose that is unlawful or prohibited by this Agreement.
5. Third Party Content and Links
This Website may contain third party-owned content and links to third party websites or resources. EnovativeTV does not endorse, sponsor, recommend, or otherwise accept responsibility for any third party content on the Website. In addition, EnovativeTV has no control over third party websites or resources and is not responsible for any content, advertising, products, services or other materials on or available from such websites or resources. EnovativeTV shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, advertising, products, services or other materials on or available from such websites or resources.
6. Content Posted by Users
EnovativeTV is not liable for content provided by others, including users on this Website. We have no obligation to review or monitor content posted to the public areas of the Website by others. However, EnovativeTV reserves the right to review, change or delete such content without notice and for any reason.
You may not post content to the public areas of the Website that violates this Agreement. EnovativeTV does not claim ownership of any content that you may post. However, by submitting content to the public areas of the Website, you grant EnovativeTV the right to use, copy, distribute, transmit, display, publish, reproduce, edit, adapt, modify, translate and promote this content, and to create derivative works from, or incorporate into other works, such content, and to grant and authorize sublicenses of the same.
We or our suppliers may provide you with software to use with the Service. Your use of any such software will be governed by the terms and conditions of the end user license agreement (.EULA.) accompanying such software. If you receive any software that is not accompanied by a EULA, then we grant you a non-exclusive, revocable, personal, non-transferable license to use such software on any single computer from which you wish to access and use the Service. EnovativeTV reserves all rights to such software not expressly granted to you in this Agreement. Such software is protected by copyright and other intellectual property laws and treaties.EnovativeTV or its suppliers own the title, copyright, and other intellectual property rights in such software, and such software is licensed, not sold. You may not sell or redistribute the software. The license granted to you under this section for such software will terminate on the date your Service subscription terminates. EnovativeTV may disable such software after the date your subscription terminates. You will not disassemble, decompile, or reverse engineer such software. EnovativeTV may automatically check your version of such software and may automatically download upgrades to such software to your computer in order to update, enhance and improve the software.
8. Charges and Billing
EnovativeTV bills you through an online account (your .Billing Account.) for use of the Service. You agree to pay EnovativeTV all charges including but not limited to a non refundable administrative fee at the prices then in effect for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorize EnovativeTV to charge, and you agree to pay using, your chosen payment method (your .Payment Method.) for your use of the Service. Accepted Payment Methods include Visa/MasterCard/Paypal. You represent that you are authorized to use your Payment Method. EnovativeTV reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
If you are participating in any trial period offer, you must terminate your trial subscription by the end of the applicable trial period to avoid incurring applicable charges. If you do not terminate your trial subscription by the end of the trial period, then you hereby authorize EnovativeTV to charge your Payment Method for your subscription to the Service. By participating in any trial period offer you hereby authorize EnovativeTV to charge your Payment Method a non refundable administrative fee at the price then in effect.
YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY EnovativeTV IF YOUR PAYMENT METHOD IS CANCELED (FOR EXAMPLE, FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USERNAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE EMAILED TO US. IF YOU FAIL TO PROVIDE EnovativeTV ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT EnovativeTV MAY CONTINUE CHARGING YOU FOR ANY USE OF THE SERVICE UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION TO THE SERVICE (CONFIRMED IN WRITING UPON REQUEST).
The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (the .Payment Method Provider.). If EnovativeTV does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your Billing Account upon demand.
If the amount to be charged to your Billing Account varies from the amount you preauthorized, you have the right to receive, and EnovativeTV shall provide, notice of the amount to be charged and the date of the charge at least ten (10) days before the scheduled date of the transaction. Any agreement you have with your Payment Method Provider will govern your use of your Payment Method. You agree that EnovativeTV may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
If your subscription is for a specified duration, your subscription will expire at the end of the subscription period. If, however, your subscription is on a periodic basis, with no specified duration, then unless the terms of that subscription state otherwise, your subscription will automatically and indefinitely renew for such period until you terminate your subscription.
EnovativeTV MAY CONTINUE TO SUBMIT RECURRING OR PERIODIC CHARGES FOR YOUR SUBSCRIPTION TO THE SERVICE WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (CONFIRMED IN WRITING UPON REQUEST) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE EnovativeTV REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO THE ACCOUNT SETTINGS PAGE OF YOUR PAYPAL ACCOUNT AND CANCEL YOUR SUBSCRIPTION. IF YOU TERMINATE YOUR SUBSCRIPTION, SUCH TERMINATION WILL BE EFFECTIVE IMMEDIATELY.
Your non-termination or continued use of the Service reaffirms that EnovativeTV is authorized to charge your Payment Method. EnovativeTV may submit those charges for payment and you will be responsible for such charges. This does not waive EnovativeTV's right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Service.
EnovativeTV may, in its sole discretion, change the pricing of the Service subscription. If your subscription is for a specific duration and price, then that price will remain in effect for such duration, and any continued use of the Service thereafter will be at the new price. If your subscription is on a periodic basis, with no specified duration, then any change in pricing will be effective on the date indicated by EnovativeTV. If you do not agree to such change, then you must cancel your Membership subscription and stop using the Service prior to the effective date of such change. Your non-termination or continued use of the Service after the effective date of such change constitutes your acceptance of and agreement to such change.
All amounts you owe EnovativeTV must be paid in full on the date such payment is deemed due by EnovativeTV. You shall pay any late charges that EnovativeTV assesses on amounts due but not timely paid. The late charge will be the lesser of 1% per month (or 12% per annum) on the total amount due but not paid or the maximum rate that is permitted by law. EnovativeTV reserves the right to refer your Billing Account to a third party for collection in the event of default. You agree to pay all costs incurred in the enforcement of this Agreement and in collection of any delinquent amounts due, including reasonable attorneys. fees and costs.
If EnovativeTV does not receive payment for any charge to your Billing Account, you will be in default and EnovativeTV may suspend or cancel your subscription to the Service. If your Payment Method Provider seeks return of payments previously made to EnovativeTV, but EnovativeTV in good faith believes that you are liable for the charges, then, subject to applicable law, EnovativeTV may seek payment from you and you will also be in default.
9. Equipment and Internet Access
You are responsible for providing all equipment and Internet connections that you will need to access the Service. Internet connectivity is not included in the subscription fees you pay EnovativeTV to use the Service. We are not responsible for any problems or technical malfunction related to Internet connectivity or user equipment.
10. Technical Support and Interruption of Service
Although you are using the Service and any associated software AT YOUR OWN RISK, we will offer technical support on a commercially reasonable basis through this Website only. You may request support by submitting a request through our Support page (http://EnovativeTV.com/support.asp). EnovativeTV makes no assurances about its response time, nor shall we be liable for any delay in responding to a request for technical support.
EnovativeTV schedules periodic downtime of this Website for maintenance and other purposes. Unplanned service interruptions may also occur. In the event of such interruptions, EnovativeTV will make commercially reasonable efforts to restore the Service. However, EnovativeTV is not liable for service interruptions unless the interruption: (a) is for reasons within EnovativeTV's reasonable control; and (b) continues for a period of twenty-four (24) hours or more. In the event such an interruption occurs, EnovativeTV will offer you a prorated credit for the period of interruption if you make a written request within 30 days of the interruption. Requests can be submitted via email to webmaster at EnovativeTV.com. The credit will be made on the next practicable cycle on your account and will be your sole and exclusive remedy for any such interruption. No credit will be issued if the interruption results from circumstances beyond EnovativeTV's reasonable control, including theft, vandalism, electrical power outage, acts of God, regulation or governmental acts, computer viruses or worms, problems with third party elements not within EnovativeTV's control, or your failure to comply with this Agreement.
This Agreement will remain in full force and effect while you use this Website and/or are a Member. You may terminate your Membership at any time, for any reason, upon notice to EnovativeTV by means of the account termination procedures described in the PAYPAL Account Settings. If you are participating in any trial period offer, you must terminate your Membership before the end of the applicable trial period to avoid incurring applicable charges. Termination of your Membership will not alter your obligation to pay any amounts owed on your account at the time your Membership is terminated. Certain services may require termination charges, and you will pay all such termination charges specified to you at the time your register for the service.
EnovativeTV may suspend or terminate your Membership at any time for any reason, with or without notice. Upon termination of your Membership, your right to use the Website will immediately cease. If EnovativeTV terminates your Membership because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. All terms of this Agreement that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
12.Copyright and Trademark Notices
All content on this Website is owned, controlled or licensed by or to EnovativeTV and is protected by copyright and various other intellectual property laws. No part of the Website or the Service may be copied, modified, published, transmitted, distributed, performed, displayed or sold in any way without the prior written consent of EnovativeTV.
All trademarks appearing on this Website, whether or not appearing in large print or with the trademark symbol, are the property of EnovativeTV or their respective owners. The use or misuse of these trademarks or any materials, except as expressly permitted herein, is prohibited, and nothing stated or implied on this Website confers on you any license or right under any patent or trademark of EnovativeTV or any third party.
14. Disclaimer of Warranties
THIS WEBSITE AND THE SERVICE ARE PROVIDED .AS IS,. .WITH ALL FAULTS. AND .AS AVAILABLE,. AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. EnovativeTV MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER RELATING TO THE WEBSITE, OR OTHER CONTENT OR WEBSITES THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THIS WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EnovativeTV DISCLAIMS ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING WITHOUT LIMITATION: (i) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS; (iii) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE WEBSITE; (iv) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS OR COMPLETENESS OF DATA; AND (v) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY EnovativeTV OR ANY THIRD PARTY. FURTHER, THERE IS NO WARRANTY THAT THE WEBSITE OR THE SERVICE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.
EnovativeTV MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, THAT THE INFORMATION PROVIDED THROUGH THE WEBSITE OR THE SERVICE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; THAT THE WEBSITE OR THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT DEFECTS OR ERRORS IN THE WEBSITE OR THE SERVICE WILL BE CORRECTED; OR THAT THE CONTENT AVAILABLE THROUGH THE WEBSITE OR THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THIS WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES.
EnovativeTV MAKES NO WARRANTIES OR REPRESENTATIONS RELATING TO THIRD-PARTY CONTENT OR LINKED WEBSITES OR RESOURCES, AND YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF SUCH CONTENT, WEBSITES OR RESOURCES.
15. Limitation of Liability
IN NO EVENT WILL EnovativeTV BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS ARISING OUT OF YOUR ACCESS, USE, MISUSE OR INABILITY TO USE THIS WEBSITE OR THE SERVICE, EVEN IF EnovativeTV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, EnovativeTV EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY RELATED TO, ARISING FROM, OR CONNECTED WITH ANY THIRD-PARTY CONTENT OR LINKED WEBSITES OR RESOURCES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, EnovativeTV.S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO EnovativeTV DURING THE TERM OF MEMBERSHIP. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, EnovativeTV.S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to indemnify and hold EnovativeTV, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys. fees, made by any third party due to or arising out of your use of the Website or the Service, your violation of this Agreement, or your violation of any rights of another.
17. Notice of Copyright Infringement
EnovativeTV respects the intellectual property of others, and we ask our Members and visitors to do the same. If you believe that your work has been copied and is accessible on this Website in a way that constitutes copyright infringement, please provide EnovativeTV's Copyright Agent with the following information:
(a) an electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf;
(b) identification of the copyrighted work claimed to have been infringed;
(c) identification of the allegedly infringing material on the Website that is requested to be removed;
(d) your name, address, telephone number and email address;
(e) a statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law; and
(f) a statement, made under penalty of perjury, that the information in the notification is accurate and that the signatory is the copyright owner or a person authorized to act on behalf of the copyright owner.
EnovativeTV's Copyright Agent for notice of claims of copyright infringement on this Website can be reached as follows:
info at EnovativeTV
18. Choice of Law and Forum
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction and venue of the state and federal courts of the State of New York in all disputes arising out of or relating to the use of this Website or the Service.
19. Electronic Contracting; Access and Retention
By clicking on the .Accept. button below, you indicate your acceptance of this Agreement and the terms, conditions and notices contained or referenced herein. This action creates an electronic signature that has the same legal force and effect as a handwritten signature, indicating your consent to enter into a legally binding contract.
By clicking on the .Accept. button below, you consent to have this Agreement provided to you in electronic form. In order to access and retain this electronic Agreement, you must have access to the Internet, either directly or through devices that access Internet-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the Internet, including a computer and modem or other access device. Please print a copy of this Agreement for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.
20. No Waiver
The failure of EnovativeTV to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.
To use this service you have to reside in Russian Federation. By signing the terms you confirm that you reside in Russian Federation.
We may assign this contract at any time without notice to you. You may not assign this contract to anyone else.
23. No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
24. Export Controls
You may not use, export or re-export any content, software or other materials from this Website in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
25. Void Where Prohibited
Not all features, products or services offered through this Website are appropriate or available to all persons or in all geographic locations. EnovativeTV reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Website is void where prohibited.
26. Integration and Severability
Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and EnovativeTV and governs your use of this Website and the Service. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remainder of this Agreement shall continue in full force and effect.
BY CLICKING ON THE .SIGN. BUTTON BELOW, I ACKNOWLEDGE THAT I AM ELECTRONICALLY SIGNING THIS AGREEMENT AND AGREEING TO BE LEGALLY BOUND BY ALL OF THE TERMS, CONDITIONS AND NOTICES CONTAINED OR REFERENCED HEREIN.
Effective Date: 22/2/2010