Term Of Use Agrement
We reserve the right at any time, with or without cause, to:
- · change the terms and conditions of this Agreement;
- · change the Services, including eliminating or discontinuing any Content or other feature of the Services; or
- · deny or terminate your use of and/or access to the Services.
Any change(s) we make will be effective immediately upon our making such change(s) to the Services, or any Content therein, or otherwise providing notice thereof. You agree that your entering, re-entering, accessing, re-accessing or continuing to use the Services thereafter constitutes your acceptance of such change(s). Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement. Registration and Passwords
Use of the Services
Acceptable Use Policy
You agree not to use the Services to take any action(s) that:
- are contrary to FRIPTV ‘s public image, goodwill, or reputation;
- infringe on our or any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- express or imply that any of your statements, activities or causes are endorsed by FRIPTV, without our prior written consent in each instance;
- violate any applicable law, statute, ordinance or regulation, or encourage any conduct that could constitute a criminal offense or give rise to civil liability;
- are libelous, defamatory, threatening, harassing, invasive of privacy, abusive, tortious, hateful, discriminatory, pornographic or obscene;
- transmit any trade secret or other material, non-public information about any person, company or entity without the authorization to do so;
- restrict or inhibit any other visitor from using the Services, including, without limitation, by means of « hacking » or defacing any portion of the Services;
- modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of the Services;
- remove any copyright, trademark, or other proprietary rights notices contained in or on the Services and/or any Content;
- sublicense, sell, rent, lease, transfer, assign, or convey any rights under this Agreement to any third party, or otherwise commercially exploit or profit from the Information or content of the Services and/or Content, or any portion thereof, in any manner whatsoever;
- distribute any virus, worm or other similar or deleterious files, scripts or programming routines;
- interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on the infrastructure of FRIPTV or its licensors or suppliers;
- involve the preparation or distribution of junk mail, spam, chain letters, pyramid schemes, or other deceptive or unsolicited bulk or commercial email, or otherwise violate in any way the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act of 2003);
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any submission;
- execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Service’s servers or any data not intended for you; and/or
- harvest or collect information about users or members of the Services without their express consent.
Improper use of the Services and/or Content may result in termination of your access to and use of the Services, and/or civil or criminal liabilities.
Third Party Links
The Services may contain links to third-party websites for your convenience. We do not control these third-party websites or the content provided through such websites, and we have not reviewed, in their entirety, and we assume no responsibility for, such websites or their content, privacy policies, or practices. By using the Services, you expressly relieve FRIPTV of any and all liability arising from your use of any third party website. The fact that we offer such links does not indicate any approval or endorsement by us of any linked website or any material contained on any linked website, and we disclaim any such approval or endorsement. Further, descriptions of, or references to, third party products, services, or publications within the Services do not imply endorsement of, and we are not responsible for and disclaim any endorsement of, any such product, service, or publication. Further, it is up to you to take precautions to ensure that whatever links you select are free of such items as viruses, worms, Trojan horses, date or time bombs and other items of a destructive nature.
The Services are owned and operated by FRIPTV, and the Services (and any intellectual property and other rights relating thereto) are and will remain the property of FRIPTV. The Services are protected by EU and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. Except as set forth in this Agreement, you may not copy, reproduce, modify, adapt, translate, republish, upload, post, transmit, distribute, sub-license, sell, reverse engineer, decompile, or disassemble any part of the Services without our prior written permission. The Services may be used solely (a) to the extent permitted in this Agreement or (b) as expressly authorized in writing by FRIPTV or, if so indicated in writing by FRIPTV, its licensors or suppliers. Use of the Services for any other purpose is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Services. All rights not expressly granted hereunder in and to the Services are hereby expressly reserved to FRIPTV.
Product names, logos, brands, and other trademarks featured, or referred to, on the Services, are the property of their respective trademark holders. These include, but are not limited to, FRIPTV and YouTube. Except for FRIPTV, trademark holders are not affiliated with FRIPTV or its products, promotional materials, or Services, nor do they sponsor or endorse FRIPTV.
Ability To Accept Terms Of Service
You further affirm that you are more than eighteen (18) years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
Term & Termination
This Agreement is effective from the date that you first access the Services or submit any information to FRIPTV, whichever is earlier, and shall remain effective until terminated in accordance with its terms. FRIPTV may immediately terminate this Agreement, and/or your access to and use of the Services, or any portion thereof, at any time and for any reason, with or without cause, without prior notice. This Agreement will also terminate automatically if you fail to comply with any term or provision of this Agreement. Upon termination of this Agreement by either party, your right to use the Services shall immediately cease, and you shall destroy all copies of information that you have obtained from the Services, whether made under the terms of this Agreement or otherwise. All disclaimers and all limitations of liability and all FRIPTV rights of ownership shall survive any termination. All of your representations, warranties and indemnification obligations hereunder shall also survive any termination hereof.
We reserve the right at any time and from time to time to modify, discontinue, temporarily or permanently, the Services, or any part or portion thereof, with or without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services, or any part of portion thereof. Nothing in this Agreement shall be construed to obligate FRIPTV to maintain and support the Services, or any part or portion thereof, during the term of this Agreement.
The Services Are Provided « As-Is »
THE SERVICES, INCLUDING BUT NOT LIMITED TO THE CONTENT, ARE PROVIDED « AS IS », WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, FRIPTV EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, FRIPTV MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. FRIPTV MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED THROUGH THE SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES.
You agree to fully indemnify, defend, and hold FRIPTV, our licensors, suppliers, agents, successors, and assigns and our and their directors, officers, employees, consultants, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and other expenses that arise directly or indirectly out of or from: (a) your breach of this Agreement; (b) any allegation that any Content you submit to us or transmit to the Services infringes or otherwise violates the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party and/or causes damage to any third party; (c) your activities in connection with the Services or other websites to which the Services are linked; and/or (d) your willful misconduct or gross negligence. This defense and indemnification obligation will survive this Agreement and your use of the Services.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER FRIPTV NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES, INCLUDING BUT NOT LIMITED TO THE CONTENT, WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT FRIPTV HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT FRIPTV IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, FRIPTV WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT DOWNLOADED OR OTHERWISE ACCESSIBLE FROM OR THROUGH THE SERVICES. YOU AGREE THAT THE AGGREGATE LIABILITY OF FRIPTV TO YOU FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THE SERVICES IS LIMITED TO FIFTY EURO (€50). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FRIPTV AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Controlling Law and Jurisdiction
TERMS OF PURCHASE, LICENSE AGREEMENT AND WARRANTY STATEMENT
PLEASE READ THIS TERMS OF PURCHASE, LICENSE AGREEMENT AND WARRANTY STATEMENT (« AGREEMENT ») CAREFULLY BEFORE USING YOUR FRIPTV PRODUCT. FOR THE PURPOSES OF THIS AGREEMENT, « FRIPTV PRODUCT » IS THE OnlineboxTV 1G and 2G AND THE « ACCESSORIES » ARE THE CABLES, POWER ADAPTOR, REMOTE CONTROL AND THE WIRELESS USB DEVICE THAT CAME WITH THE FRIPTV PRODUCT. THIS AGREEMENT IS THE LEGAL AGREEMENT BETWEEN YOU AND FRIPTV. (« FRIPTV ») GOVERNING YOUR USE OF THE FRIPTV PRODUCT, THE SOFTWARE (INCLUDING THE EMBEDDED FRIPTV SOFTWARE AND THIRD PARTY SOFTWARE) THAT CAME INSTALLED ON THE FRIPTV PRODUCT AND ANY UPDATES, UPGRADES, BUG FIXES OR MODIFIED VERSIONS THERETO (« SOFTWARE ») AND RELATED DOCUMENTATION. BY USING YOUR FRIPTV PRODUCT, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT GRANTED ANY RIGHTS IN THE SOFTWARE, AND YOU SHOULD NOT USE THE FRIPTV PRODUCT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT AND YOU HAVE NOT USED THE FRIPTV PRODUCT AND ARE THE ORIGINAL END USER PURCHASER OF THE FRIPTV PRODUCT, YOU MAY RETURN THE UNUSED AND UNDAMAGED FRIPTV PRODUCT IN ITS ORIGINAL PACKAGING WITH ALL ACCOMPANYING SOFTWARE AND DOCUMENTATION AND OTHER ITEMS TO THE PLACE WHERE YOU OBTAINED IT WITHIN 14 DAYS AFTER PURCHASE FROM FRIPTV FOR A REFUND ACCORDING TO THE REFUND POLICY STATED BELOW.
(a) Subject to the terms of this Agreement, FRIPTV grants you a nonexclusive, nontransferable right to use the Software solely on a single FRIPTV Product on which it was originally installed. (b) General Limitations. This is a license, not a transfer of title, to the Software, for use only under the terms of this Agreement. FRIPTV retains ownership of all copies of the Software, and FRIPTV reserves all rights not expressly granted to you. The rights granted herein are limited to FRIPTV ‘s intellectual property rights in the Software and do not include any other patents or intellectual property rights. Except as and only to the extent expressly permitted in this Agreement or by applicable law, you may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Software or any part thereof. Any attempt to do so is a violation of the rights of FRIPTVand its licensors.
Open Source Software
Certain software libraries and other third party software included in the Software are « free » or « open source » software and are subject to separate license terms (« Open Source Software »). Such Open Source Software is distributed WITHOUT ANY WARRANTY, without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. Certain Open Source Software has been or may be made available by FRIPTV on its web site. FRIPTV is not obligated to provide any warranty, maintenance, technical or other support for the resultant modified FRIPTV Software or its use on FRIPTV Products.
Consent to Use of Data
Limited Warranty. FRIPTV warrants to you that, for a period of 12-months from the date of the purchase by the original end-user purchaser (the “Warranty Period”), your FRIPTV Product and the Accessories will be substantially free of hardware defects in materials and workmanship under normal use. Your exclusive remedy and FRIPTV’s entire liability under this warranty will be for FRIPTV at its sole option to repair or replace the Product or Accessories or refund your purchase price less any rebates. This limited warranty extends only to the original end-user purchaser. The warranty is a a exclusive obligation to your seller. The seller are responsible for the warranty.
FRIPTV Warranty Policy & Procedures
Please contact your seller for warranty.
Limitation on Warranty. This warranty does not apply: (a) to damage caused by use with non- FRIPTV products; (b) to damage caused by accident, misuse, being subjected to abnormal physical or electrical stress, or other external causes; (c) to damage caused by operating the product outside the permitted or intended uses described by FRIPTV; (d) if the product has not been installed, operated, repaired, or maintained in accordance with instructions supplied by FRIPTV; (e) to a product or part that has been modified, except by FRIPTV; (f) to consumable parts, such as batteries; (g) to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports, that does not otherwise affect the product’s functionality or materially impair your use; (h) if any FRIPTV serial number has been removed or defaced; or (i) if the warranty sticker has been removed or altered.
Warranty Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED « AS IS », WITH ALL FAULTS. EXCEPT AS SPECIFIED ABOVE IN THIS SECTION, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, NON-INTERFERENCE, ACCURACY OF INFORMATIONAL CONTENT, OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY FRIPTV ITS SUPPLIERS AND LICENSORS. FRIPTV DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE EXPRESS WARRANTY SET FORTH ABOVE FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT WILL FRIPTV ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFITS, OR LOST OR DAMAGED DATA, BUSINESS INTERRUPTION, LOSS OF CAPITAL, PERSONAL INJURY OR FOR CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE DAMAGES OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF FRIPTV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall the total liability of FRIPTV, its suppliers and licensors to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty euro (€50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
The Software and technology in the FRIPTV Products (hereafter referred to as “Software and Technology”) are subject to export controls under the laws and regulations of the EU. You shall comply with such laws and regulations governing export, re-export, transfer and use of the Software and Technology and will obtain all required EU and local authorizations, permits, or licenses. FRIPTV and you each agree to provide the other information, support documents, and assistance as may reasonably be required by the other in connection with securing authorizations or licenses.
Government End Users
The Software and related documentation qualify as « commercial items, » as that term is defined at Federal Acquisition Regulation (« FAR ») (48 C.F.R.) 2.101, consisting of « commercial computer software » and « commercial computer software documentation » as such terms are used in FAR 12.212. Consistent with FAR 12.212 and DoD FAR Supp. 227.7202-1 through 227.7202-4, and notwithstanding any other FAR or other contractual clause to the contrary in any agreement into which the Agreement may be incorporated, you may provide to Government end user or, if the Agreement is direct, Government end user will acquire, the Software and documentation with only those rights set forth in the Agreement. Use of any of the Software or documentation or all constitutes agreement by the Government that the Software and documentation are « commercial computer software » and « commercial computer software documentation, » and constitutes acceptance of the rights and restrictions herein.
Content owners use Windows Media digital rights management technology (WMDRM) to protect their intellectual property, including copyrights. The FRIPTV Product uses WMDRM software to access WMDRM protected content. If the WMDRM software fails to protect the content, content owners may ask Microsoft Corporation (“Microsoft”) to revoke the software’s ability to use WMDRM to play or copy protected content. Revocation does not affect unprotected content. When you download licenses for protected content, you agree that Microsoft may include a revocation list with the licenses. Content owners may require you to upgrade WMDRM to access their content. If you decline an upgrade, you will not be able to access content that requires the upgrade.
This Software is protected by certain intellectual property rights of Microsoft. Use or distribution of such technology outside of this FRIPTV Product is prohibited without a license from Microsoft.
MPEG-1, MPEG-2, MPEG-4, H.264/AVC Notice
To the extent that the Software contains MPEG-1, MPEG-2, MPEG-4 AND/OR AVC decoding functionality, commercial use of such software requires additional licensing and the following provision applies: THE MPEG-1, MPEG-2, MPEG-4 AND AVC FUNCTIONALITY IN THE SOFTWARE IS LICENSED HEREIN ONLY FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO DECODE VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR MPEG-1, MPEG-2, MPEG-4 AND/OR AVC VIDEO THAT WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE MPEG-1, MPEG-2, MPEG-4 AND/OR AVC VIDEO, AS APPLICABLE. INFORMATION REGARDING OTHER USES AND LICENSES MAY BE OBTAINED FROM MPEG LA L.L.C. SEE HTTP://WWW.MPEGLA.COM.
This Agreement shall be governed by and interpreted in accordance with the laws of Republic of Cyprus, notwithstanding any conflicts of law provisions. The parties specifically disclaim the application of the UN Convention on Contracts for the International Sale of Goods. This Agreement constitutes the entire agreement between the parties with respect to the use of the Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this Agreement will be binding unless in writing and signed by FRIPTV. If any part of this Agreement is found to be unenforceable, the remainder shall continue in full force and effect and the unenforceable provision shall be reformed so as to give maximum legal effect to the intentions of the parties as expressed herein. Any translation of this Agreement is done for local requirements, and in the event of a dispute between the English and any non-English versions, the English version of this Agreement shall govern.