Home / About ChannelLive / Terms and Conditions
Terms and Conditions
Thank you for visiting the ChannelLive.tv, Inc. World Wide Web site (the "Site").
These Terms and Conditions of Use ("Terms of Use") govern your use of the Site.
You may wish to print this page for reference. Limited use of the Site is
offered to you by ChannelLive.tv subject to, and conditioned upon your
acceptance of, these Terms of Use.
1. LICENSE
1.1 ChannelLive.tv grants you a license to view and use the particular
channel(s) to which you have subscribed. Payment for particular subscribed
channel or channels Package on ChannelLive.tv is made on a month-to-month basis.
You will automatically be charged the monthly subscriber fee until you cancel
your subscription (which you may do at any time) or until your subscription is
cancelled by ChannelLive.tv.
1.2 Copyright:
The Site Content and Site Code are owned by ChannelLive.tv and/or its licensors
and content providers and are protected by applicable domestic and international
copyright laws. Copyright © 2010 ChannelLive.tv, Inc. All Rights Reserved.
Unless expressly permitted elsewhere in the Site by ChannelLive.tv, you shall
not copy, distribute, publish, perform, modify, download, transmit, transfer,
sell, license, reproduce, create derivative works from or based upon,
distribute, post, publicly display, frame, link, or in any other way exploit any
of the Site Content or Code, in whole or in part. Links to the Site, other than
to the Home Page, are only permitted upon express permission from and
arrangement with ChannelLive.tv. Any rights not expressly granted to you are
reserved. Any violation of copyright laws may result in severe civil and
criminal penalties. Violators will be prosecuted to the maximum extent possible.
1.3. Trademark:
ChannelLive.tv is trademarks and service marks belonging to ChannelLive Media
Inc. Any product, service, or trade name other than those owned by
ChannelLive.tv that identify a third party as the source thereof may, even if
not so indicated, be the service mark or trademark of that respective entity or
individual. Any unauthorized use of the ChannelLive.tv Marks is strictly
prohibited.
2. USE OF THE
SITE, GENERAL TERMS
2.1 License:
ChannelLive.tv grants you a non-exclusive, non-transferable, limited right and
license to access and use this Site, and view the channel(s) subscribed by you
by way of one (1) computer connected to the Site over the Internet at any given
time, and in strict conformity with these Terms of Use. You may not publicly
display any portion of the Site, or any films or other audiovisual or digital
works available at this Site, without a written license signed by a party
authorized to legally bind ChannelLive.tv to such a contractual arrangement. Any
other use or exploitation of this Site, including the Site Content or Site Code,
is strictly prohibited
2.2 Fee-Based Service Charges:
Video channels on the Site are available only on a monthly subscriber fee basis
(i.e., you must pay a monthly fee to access these video channels). These
services are sometimes referred to herein as the "Fee-Based Services" or
"Subscription Fee Services". Payment of a monthly subscription fee entitles you
to watch the applicable channel during the applicable month.
2.2.1 You agree to pay, using a valid credit card which ChannelLive.tv accepts,
applicable taxes, and other charges incurred on your account in order to access
these services. ChannelLive.tv reserves the right to increase fees, surcharges,
and site subscription fees, or to institute new fees at any time, upon
reasonable notice posted in advance on this site. ChannelLive.tv will
automatically charge your account for renewal of your monthly site subscription.
The renewal charge will be the same as the prior month/year's charge, unless
otherwise notified in advance. In the event ChannelLive.tv cannot charge your
account, we reserve the right to terminate your access to the Fee-Based
Services.
2.2.2 In addition to the charges set forth above, you are responsible for all
charges associated with connecting to the Site, including without limitation all
telephone access lines (including long-distance charges, when applicable),
telephone and computer equipment and any service fees necessary to access the
Fee-Based Services.
2.2.3 Trial Period. ChannelLive.tv may, from time to time and at its sole
discretion offer a trial period (" Trial Period"). During the
Period you may subscribe to certain channels, which shall be available at
ChannelLive.tv’s own discretion, discounted charge, subject to the
following:
1. You agree to submit ChannelLive.tv with valid credit card information, which
shall be used for collateral purpose only, and any other personal information
requested for this purpose. The Period will commence on the day and
time you have submitted ChannelLive.tv with the aforesaid information
("Commencement Date").
2. You agree that upon 30 days from the Commencement Date ChannelLive.tv shall
be entitled to automatically charge your account for renewal of your monthly
subscription unless you decide to terminate your subscription. In the event
ChannelLive.tv cannot charge your account, we reserve the right to terminate
your access to the Fee-Based Services.
2.2.4 Multi-Month Subscriptions. For multi-month subscriptions, you may downgrade
your Services only when you renew. You may not downgrade your Services during
the term of a multi-month subscription.
2.2.5 Changing Your Programming Selection. Unless otherwise specified in this
Agreement or any applicable Promotion Agreement(s), you may change your
programming selection at any time by notifying us. A Transaction Fee (as
detailed in Section) may apply to such programming changes, unless you are
receiving Services and/or Equipment (as defined in Section ) pursuant to a
Promotion Agreement that requires you to pay in full for all Services and/or
Equipment prior to receiving such Services and/or Equipment (a "Pre-Pay
Promotion").
2.2.6 Ordering Pay-Per-View. You may use your remote control and on-screen
program guide to order pay-per-view Services through your television if your
ChannelLive Set Top Box is connected to internet and/or a broadband home
network. You may also order ChannelLive.tv pay-per-view or Video on Demand
Services by calling 1-630-246-4788 and using our automated system.
2.2.6 ChannelLive will protect all your Credit card data encrypted and will not
be available to any other source.
2.3 NON-COMMERCIAL/PERSONAL USE LIMITATION:
ChannelLive.tv grants you this license for the limited purpose of personal use,
and not for any commercial purpose. No business entity (e.g., corporation,
partnership, sole proprietorship) is licensed to use this Site, without prior
written permission. You hereby agree not to use the Site, the Materials, or any
element or portion thereof (including, without limitation, e-mail addresses of
users), for any commercial purpose whatsoever.
2.4 CHANNELLIVE
SERVICE:
Services Defined. "Services" shall mean all video, audio, data, interactive and
other programming services and all other services that are currently available
from ChannelLive.tv (whether subscription, pay-per-view or otherwise) and that
we may provide to customers in the future. ChannelLive.tv offers its Site services for entertainment purposes only.
ChannelLive.tv does not warrant the truth or validity of the information
contained on its site. You acknowledge and understand that, because of the
possibility of human and mechanical error, mistakes or omissions in the data or
information provided, delays or interruptions of the data or information stream
from whatever cause, as well as other factors, ChannelLive.tv is not responsible
for errors in or omissions from the information contained or accessed through
the Site. ALL INFORMATION AND CONTENT ON THE SITE ARE PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT.
2.4.1 Channel Lineup: ChannelLive.tv at its own discretion can change/update
/modify the Channel Lineup at any time without prior notification. Few of our
channels are timed delayed from the time of original transmission. Not all the
channels are time delayed to US CST time. Media content will be formatted /
edited by the company and it is up to the discretion of the company. Programming
schedule may vary from its original scheduled aired from the content partners.
Some of the channels may be offered on following basis
trial/test/demo/promotions for a brief period of time for a specific group of
subscribers based on ChannelLive’s requirements at the time which could be for
any reason not excluding Marketing, technical, contractual obligations with
content partners etc.
2.4.1 Service Disruption: ChannelLive.tv will not be responsible for any signal
loss or transmission failure that originates from the source satellite or any
other source that ChannelLive procure from. During that event ChannelLive will
try its best to continue the transmission from our video archive database.
ChannelLive.tv will not compensate in any matter for any above said transmission
or signal or service disruption.
2.5 Username/Password:
ChannelLive.tv’s username and/or password for access to certain portions of, or
services provided via the Site. You shall hold and secure any such username or
password as strictly confidential. Accordingly, you shall not allow friends,
family, business associates or another person access to or use of such username
or password. ChannelLive.tv shall not be responsible whatsoever in the event
that your password is misappropriated by a third party.
2.6 Reservation of Rights:
Any rights not expressly granted by ChannelLive.tv herein are reserved. You may
not download, modify, publish, transmit, transfer or sell, reproduce, create
derivative works from or based on, distribute, perform, publicly display, or in
any way exploit any of the Site Content, in whole or in part, without the prior
written consent of a party authorized to bind ChannelLive.tv, except as
expressly permitted in these Terms of Use.
2.7 Email Communication and Marketing:
ChannelLive.tv will store your email and send you time to time service
notifications, system updates, product updates, promotions and any other
communications of this nature. You agree and grant ChannelLive.tv the permission
to send you email for all the reasons mentioned in item 3.5.
3 SUBSCRIPTION TERMS
3.1 Terms relating to Subscription offerings.
3.1.1 Our Subscription offerings are available at different price points, as per
promotions from time to time and can change without notice based on the programs
presented on our website and updated from time to time, currently ranging from
US15.00 USD to 45.00 USD per channel per month. We reserve the right to change
the prices at any time. In any event, whatever the price, it will always be
clearly marked on the subscription page for the channel and clearly marked when
you enter your credit card information.
3.1.2 A valid credit card (VISA American Express Discover or MasterCard) is
required to pay for the Subscription offerings. The Subscription fee will be
charged only when you submit the credit card information to ChannelLive.tv.
3.1.3 Once you subscribe to a particular video channel(s), you are not limited
to watching it on one computer. You are limited to watching it on one computer
at one time but can do so from multiple computers. We do, however, reserve the
right to change that policy at any time and from time-to-time
3.1.4 If you purchase a subscription to access a particular channel/channel
bundles and decide cancel at any time during that subscription month/year,
ChannelLive.tv will not refund any of your subscription charges for that
particular period. While you may cancel your subscription(s) at any time,
ChannelLive.tv will not provide any refund to users for reasons related in any
way to their ability to receive a satisfactory video stream from ChannelLive.tv.
3.1.5 WE WILL BILL YOUR CREDIT CARD FOR THE SUBSCRIPTION FEE EACH AND EVERY
MONTH THEREAFTER UNTIL YOU TELL US TO STOP (or until we decide to stop,
whichever comes first). That way, you have continuous access to the video
channel(s) that you have subscribed to. If you decide at some point that you
want to cancel your subscription, you will call the customer service or send an
email to the help desk. Please note that once you cancel your subscription your
subscription won't actually cancel until your next billing cycle. And, we won't
provide you with a refund for the current month. So, what this means is, once
we've charged you for a month, you pay for a month (and have access to the
subscription for a month). Of course, once you cancel, you can re-subscribe at
any time.
You will have 2 day grace period in the event ChannelLive.tv is unable to charge
your renewal to the credit card on your account. ChannelLive has full rights to
stop the services in the event we are unable to charge your credit card.
3.1.6 You will notify ChannelLive.tv customer service if you need to change your
Credit Card information.
3.1.7 Subscriptions purchased during blackout dates cannot be cancelled. Black
Out dates purchases are considered as any purchase made within two days of the
following festivals: 1. Pongal, 2. Tamil New Year, 3. Diwali, 4. New Year 5.
Telugu New Year.
3.1.8 Refunds. ChannelLive.tv does not provide refunds on any subscription fees
already paid. However from time to time based on a specific promotion may
provide money back guarantee which will be honored for that specific program and
may not be combined with any other promotions.
3.1.9 ChannelLive 30 Day Money Back guarantee: ChannelLive Set Top Box comes with
a 30 day money back guarantee. If for some reason if you want to cancel the sale
you have 30 days to do so. Shipping cost will not be refunded and you will be
responsible for the return shipment of the box. From 31st day onwards
all the regular terms mentioned above, payments renewals will automatically
apply.
3-2 ChannelLive Set Top Return Policy
3.2.1 Guidelines: You may return merchandise to us within the U.S to our return
center subject to getting our return authorization from customer service. All
returns must be made in original condition and include all accessories. You will
receive a credit for your purchase only if it meets the criteria below. Customer
is responsible for the shipping and handling (returns for any reason) Refunds
are for the product only not for processing and handling.
3.2 2 Thirty days return policy starts from the date merchandise was received and
activated with ChannelLive. Refunds are available on the products returned in
original condition with all its accessories and box. Products will not be
returned and refunded for products are damaged or for any product missing from
the original box, packaging material, contents, accessories and/or manuals
(i.e., any product not in “like new” condition). No returns or refunds after
30days what so ever.
3.2.3 Damaged, Defective or Incorrect Items
If you receive a damaged or a defective item. We need to be notified within 3
days from the date of delivery. We will make arrangements based on the
availability. Sometimes there may be a delay in replacement based on the stocks
available.
3.2.4 Rebate Policy: Any product that was purchased when a mail-in rebate was
available on the purchase is subject to having the amount of the rebate deducted
from the refund amount. Unless noted otherwise, all rebates are limited to one
per product, per household or address.
3.2.5 Promotional Items:
Any product that is returned without a promotional item(s) included with the
original transaction (e.g., a free subscription per month or a free wireless
adaptor), will have the value of the promotional item deducted from the refund
amount.
3.2.6 Buy Back Policy
ChannelLive.tv from time to time will consider at its own discretion to buy back
used boxes. Value will be determined on a case to case basis.
7 ChannelLive Set Top Box (Clive Box or Clive Media Box)
Rebate Terms and Conditions:
To be eligible for this rebate, you must purchase a qualifying new C-Live Box
from ChannelLive.tv during the specified promotion dates. Purchases from any
other promotions are not eligible. Limit 1 (one) rebate per C-Live Box purchased
per receipt, customer, person, family, household or address. This rebate offer
is not available to distributors, dealers, resellers, retailers or retailers of
these products. This rebate offer is available to all customers with mailing
addresses in the U.S. and Puerto Rico. P.O. Boxes are not acceptable. Purchases
made in other countries or for delivery to other countries are not eligible.
Qualifying products cannot be returned once the rebate form has been submitted.
All rebates will be paid in U.S. dollars. ChannelLive.tv is not responsible for
lost, late, damaged, illegible, misdirected or postage-due submissions. Your
rebate rights cannot be assigned or transferred, and this offer is void where
taxed, restricted or prohibited by law. Excessive submissions constitute fraud
and may result in federal prosecution under the US Mail Fraud Statutes (Title
18, USC 1341 and 1342). Keep copies of all materials submitted: originals become
property of ChannelLive.tv and will not be returned. This offer is not valid if
not fully redeemed within 6 months from the close of the rebate period. For
those who qualify, rebate checks will be mailed 16-20 weeks after submission.
Failure to comply with the rules of this promotion will make your submission
invalid and could delay or prevent the mailing of your rebate check.
Rebates are subject to 18 month service agreement. Any
service agreement terminated is subject to $180 fee. For every month contract
fulfilled $10 will be deducted from $180 and the remaining amount will be due at
the time of termination
4 DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
4.1 As with any on-line interaction and electronic
communication, there is an inherent risk involved in transmitting any
information via the Internet. ChannelLive.tv does not and cannot guarantee that
its system is free from hackers or viruses or that information provided by users
to ChannelLive.tv will not be stolen or otherwise surreptitiously obtained.
ChannelLive.tv is not responsible or liable for any infections or contamination
of your system or delays, inaccuracies, errors, or omissions arising out of your
use of this Site or with respect to the Materials contained on this Site. You
hereby acknowledge and understand that such risk is inherent in interacting with
any website, including this Site, and take full responsibility for any harm,
danger or damage that ensues due to any such breach in security. Pursuant to
these Terms of Use, ChannelLive.tv expressly disclaims any such liability. In
addition, you agree to be responsible for obtaining and maintaining all
telephone, computer hardware and other equipment needed for access to and use of
this Site and you shall be responsible for all charges related thereto.
4.2 NEITHER ChannelLive.tv NOR ANY PROVIDER OF CONTENT FOR THE SITE OR THEIR
RESPECTIVE AGENTS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE,
FREE FROM VIRUSES OR SECURITY BREACHES; NOR DOES ChannelLive.tv, ANY PROVIDER OF
CONTENT TO THE SITE, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE
RESULTS TO BE OBTAINED FROM USE OF THE SITE. THE SITE CONTENT IS NOT GUARANTEED
TO BE ACCURATE, TIMELY OR VERIFIED. THE SITE AND THE SITE CONTENT ARE
DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ChannelLive.tv AND ITS
AGENTS DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE,
ANY CONTENT, OR ANY GOODS OR SERVICES SOLD THROUGH THE SITE. YOU EXPRESSLY AGREE
THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND THE
ACCURACY OR COMPLETENESS OF THE CONTENT OR DATA MADE AVAILABLE VIA THE SITE IS
ASSUMED SOLELY BY YOU.
4.3 NEITHER ChannelLive.tv, ANY THIRD PARTY CONTENT PROVIDER NOR THEIR
RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE,
EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4.4 WITHOUT WAIVING THE EXCLUSIVE GOVERNING LAW CLAUSE BELOW, SOME JURISDICTIONS
DO NOT ALLOW EXCLUSION OF IMPLIED
WARRANTIES OR LIMITATIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH
JURISDICTIONS, THE LIABILITY OF ChannelLive.tv, THIRD PARTY CONTENT PROVIDERS,
AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY
LAW
4.5 Termination: In addition to any other rights of the parties set forth
herein, either you or ChannelLive.tv may cancel or terminate this Agreement at
any time in accordance with the subscription help instructions. ChannelLive.tv
also reserves the right to restrict, suspend or terminate your access to the
Fee-Based Services in whole or in part, without notice, with respect to any
breach or threatened breach of any portion of this Agreement. If ChannelLive.tv
terminates this Agreement based on a breach of any portion of this Agreement,
ChannelLive.tv reserves the right to refuse to provide a subscription or any
Fee-Based Services to you in the future.
5 GENERAL TERMS
5.1 Full Integration:
These Terms of Use constitute the entire agreement between you and
ChannelLive.tv related to this Site. No prior or contemporaneous written, oral,
and electronic representation, negotiation, or agreement form a part of this
agreement, and these Terms of Use supersede all prior written, oral, or
electronic agreements between the you and ChannelLive.tv relating to this Site.
5.2 Written Agreement:
These Terms of Use constitute a written agreement between you and
ChannelLive.tv. A printed version of these Terms of Use, and of any notice given
in electronic form related to this agreement, shall be admissible in judicial or
administrative proceedings to the same extent, and subject to the same
restrictions, as other business contracts, documents, or records originally
generated and maintained in printed form.
5.3 Compliance:
ChannelLive.tv makes no representation or warranty that the content in this Site
are legal, appropriate or available for use in all locations. Those who choose
to access this Site do so at their own risk and are responsible for compliance
with any and all local laws, if and to the extent local laws are applicable.
5.4 Electronic Form of Agreement:
You hereby waive any and all defenses you may have based on the electronic form
of these Terms of Use and the lack of signing by the parties hereto to execute
these Terms of Use.
5.5 Modifications.
ChannelLive.tv has the right to modify this Agreement and any policies affecting
the Site. Any modification is effective immediately upon posting to the Site or
distribution via electronic mail or conventional mail. Your continued use of the
Site following notice of any modification to this Agreement shall be
conclusively deemed an acceptance of all such modification(s). Your only right
with respect to any dissatisfaction with any modifications made pursuant to this
provision, or any policies or practices of ChannelLive.tv in providing the Site,
including without limitation (i) any change in the Content, or (ii) any change
in the amount or type of fees associated with the Fee-Based Services, is to
cancel your subscription in accordance with the subscription help instructions.
ChannelLive.tv has the right to modify, suspend or discontinue the Site or any
portion thereof at any time, including the availability of any area of the Site,
including without limitation the Fee-Based Services. ChannelLive.tv may also
impose limits on certain features and services or restrict your access to parts
or all of the ChannelLive.tv Site without notice or liability.
5.8 The parties hereto have expressly required that this Agreement and all
deeds, documents and notice relating thereto be drafted in the English Language.
THANK YOU FOR VISITING ChannelLive.tv. Updated: 11/11/2009 |