REVISION DATE: November 2nd, 2018
Acceptance of Terms of Service
When you purchase a subscription to the Services, you are purchasing a limited license to use the Services, as set forth in our End User Agreement, for the duration of the subscription that you purchase. The full extent of the Services provided to you, and how you may use the Services (e.g., the number of users and the number of videos) depend on subscription package that you purchase.
In order to use the Services, you must create a user account with our Website. This will require you to establish a username and password, as well as provide personal information, including your name and email address. Only one person may use an account at any given time, although you may transfer your account to another user during the term of your subscription.
You are responsible for acquiring and maintaining the equipment necessary to use the Services.
You must be at least thirteen (13) years of age in order to use the Website and Services. If you are over the age of thirteen (13) but still a minor in the jurisdiction where you reside, you must have permission from your parent or legal guardian before using the Website and Services.
Fees and Payment
We accept the following forms of payment: [list the payment forms you are accepting/if any additional fees apply to credit cards].
You will be required to pay monthly fees to access our Services. Such fees are payable annually, in advance, within thirty (30) days of receiving our invoice. You agree to provide current, complete, and accurate purchase and account information for all purchases made on the Website. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you through an online billing account for purchases made via the Website. Sales tax will be added to the purchase price as deemed required by us to comply with tax laws. All payments shall be made in U.S. dollars.
You agree to pay all charges or fees then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. Since your purchase is subject to recurring charges, you consent to our charging your payment method on a recurring monthly basis, without requiring your prior approval for each recurring charge, unless you cancel your subscription in accordance with the terms set forth herein.
We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Website.
All purchases are non-refundable. You shall not be entitled to any refund for unused Services.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for:
· Making all arrangements necessary for you to have access to the Website.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Intellectual Property Rights
The Website and the Services are the property of Boss Video Player, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. In subscribing to the Services, you are not being granted any ownership in the Website or Services. The scope of the license granted herein is fully described in our End User Agreement.
The Company name, the terms, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
· In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
· For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
· To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter", "spam", or any other similar solicitation.
· To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses [or screen names] associated with any of the foregoing).
· To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
· Use the Website or Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
· Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
· Decipher, decompile, disassemble, or reverse engineer any of the software or technology comprising or in any way making up a part of the Website.
· Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
· Use any device, software, or routine that interferes with the proper working of the Website.
· Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
· Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
· Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
· Otherwise attempt to interfere with the proper working of the Website.
The Website allows users to post, submit, publish, display, or transmit content or materials (collectively, "Customer Content") on or through the Website. All Customer Content must comply with standards set forth herein. In using the Services, you represent and warrant that you:
· Your Customer Content does not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
· Your Customer Content does not contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
· Your Customer Content does not promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
· Your Customer Content is not likely to deceive or defraud any person, promote any illegal activity, or advocate, promote, or assist any unlawful act.
· Your Customer Content does not cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
· Your Customer Content does not impersonate any person, or misrepresent your identity or affiliation with any person or organization.
You understand and acknowledge that you are responsible for any Customer Content you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We cannot/do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. We are not responsible or liable to any third party for the content or accuracy of any Customer Content posted by you or any other user of the Website.
Term and Termination
This Agreement is effective as of the date set forth when you subscribe to the Services and shall remain in effect until the expiration of the term that you initially subscribe to (the "Initial Subscription Term"), unless terminated earlier pursuant to the terms set forth herein. After the expiration of the Initial Subscription Term, your subscription will automatically renew for 12-month terms for every year thereafter (the "Successive Term(s)"), unless you provide us of notice of intent to cancel your subscription. Such notice must be given no later than sixty (60) days prior to the expiration of the Initial Subscription term or Successive Term. You will automatically be charged for the Successive term upon the first day of such term. Boss Video Player reserves the right to increase the price of the Services for any Successive Term by an amount not to exceed five (5) percent of the previous term. If Boss Video Player intends to increase the price of any Successive Term by more than five (5) percent, we will provide you with
We may terminate this Agreement immediately, without notice, if you violate any of the terms set forth in this Agreement. Termination will not limit any of our rights or remedies at law or in equity. Upon expiration or termination this Agreement, your access to the Services shall also immediately terminate. If we terminate this Agreement as a result of your violation of these terms, you shall remit all fees due for your subscription term.
If you believe that we have materially breached this Agreement, you must provide us with written notice of such alleged breach. If we do not cure such breach within thirty (30) days of such notice, you may choose to terminate the Agreement. In such case, we will refund all prepaid fees to you for the remaining term of your subscription.
Information About You and Your Visits to the Website
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Boss Video Player provide the Services, without material failure, for the term of your subscription. If you experience a material failure of the Services, you must provide written notice to us. Your exclusive remedy for any breach of this warranty is that we will endeavor to correct the failure. If we are unable to correct the failure within forty-five (45) days of receiving written notice, you may terminate your subscription, we will provide a refund for any fees that you pre-paid for the remainder of the subscription term.
UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY BOSS VIDEO PLAYER, WE MAKE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT.
We make no warranty that the Services will meet your requirements or operate under your specific conditions of use. We make no warranty that operation of the Services will be secure, error free, or free from interruption. YOU MUST DETERMINE WHETHER THE SERVICES SUFFICIENTLY MEET YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SERVICES TO MEET YOUR REQUIREMENTS. YOU WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE.
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall our total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($100.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
The parties acknowledge that confidential information, including trade secrets, inventions, developments, software, and other financial, technical, proprietary information, or business data, may be exchanged during the term of this Agreement. Except for the specific rights granted herein, neither party shall not use or disclose the other party's confidential information without written consent, and shall use reasonable care to protect such information. Notwithstanding the foregoing, this Agreement shall not be construed to prevent disclosure of confidential information to the extent required by court order, lawful requirement of a governmental agency or when disclosure is required by operation of law.
We respect the intellectual property rights of others. If you believe that any material available on or through the Website infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a "Notification"). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Website infringes your copyright, you should consider first contacting an attorney.
Relationship of the Parties
The parties are independent contractors under this Agreement. This Agreement does not establish an employer-employee relationship, joint venture, or partnership. Neither party has the authority to act as an agent or representative of the other party.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California, without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).
Limitation on Time to File Claims
Your Comments and Concerns
This website is operated by Epikta LLC, 7610 Lexington Ave., Los Angeles, CA 90046.
All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: firstname.lastname@example.org.
Waiver and Severability