Subscription Agreement
NEW CENTURY TELEVISION - SUBSCRIPTION AGREEMENT
(Version 1.0 - January 17, 2005)
NEW CENTURY TELEVISION is a service which provides video programming via the internet. NEW CENTURY TELEVISION service may include one or more internet television channels. New Century Television, Inc. is the company that owns and operates NEW CENTURY TELEVISION. For purposes of this Agreement, the NEW CENTURY TELEVISION service is referred to as "NCTV".
This NCTV subscription Agreement provides important information about Your subscription. Be sure to take the time to read this Agreement carefully so that you understand it. When you click the button below marked “I Accept These Terms and Wish to Register”, You are agreeing to and accepting the terms and conditions of this Agreement, and this Agreement shall be considered to have been signed by you.
1. To become an NCTV subscriber, You must be at least 18 years old. If You are younger, your parent or guardian must register for the account.
2. In order to use NCTV, you must agree to, and follow the terms and conditions described in this Agreement. If NCTV changes the Agreement, or its services, or its pricing, you may either decide to cancel your subscription, or to continue to follow the terms of this Agreement.
3. In order to use NCTV, you must have (a) a reliable broadband internet connection capable of regular throughput of 400 kbs or more; (b) the most recent version of Microsoft Windows Media Player; (c) a Windows PC with sufficient memory and processing power to run video streams from the internet; and (d) any of the following Windows operating systems: Windows 2000 Professional; Windows XP Home; Windows XP Professional. You understand that NCTV does not currently operate on earlier Windows operating systems, nor does it operate on Apple Macintosh computers, nor on other operating systems not specifically listed in (d) above. You further understand that NCTV will not operate on a dial-up modem internet connection, nor an ISDN connection.
4. In order to use NCTV, you must create an account using your name, address, telephone number, email address, user name, and a confidential password. You are responsible for maintaining the confidentiality of your password and account information. Do not reveal your password to others. You are responsible for all activities that occur in your account. You agree to notify NCTV immediately of any unauthorized account use via email to: unauthorized_use@newcenturytv.com. NCTV is not responsible for any loss you may incur as a result of any unauthorized use of your user account and/or password.
5. NCTV will charge a monthly subscription fee to the credit card account provided by you when you set up your subscription. If you watch more than the number of hours associated with your subscription, you will also be charged for additional viewing. If you elect to become an NCTV subscriber, you agree to pay all charges associated with your account, as set forth on the NCTV site and in this Agreement. All stated charges are exclusive of any sales tax, value added tax (VAT), or other taxes, except as required by applicable law. You agree to pay all taxes associated with your account. From time to time, NCTV may change subscription rates or the monthly allotment of viewing time associated with a particular subscription offer. NCTV’s posting of such information on its website shall be deemed sufficient notice to you of such changes. All such NCTV postings shall be binding on your account as of the date such information is posted. Your continued use of NCTV constitutes your agreement to such changes.
6. Your subscription to NCTV is provided to you on a pre-paid basis. Your subscription shall commence on the date that you begin your subscription. NCTV will bill all charges automatically to the credit card you have provided as part of your account registration. All fees and charges are nonrefundable.
7. Your subscription will renew automatically, and NCTV will automatically charge your credit card with your subscription and usage fees, plus applicable taxes, unless (a) NCTV terminates your subscription, or (b) You notify NCTV by e-mail to cancelsubscription@newcenturytv.com of your decision to terminate your subscription. You must cancel your subscription before it renews in order to avoid billing of subscription fees to your credit card for the renewal term. Monthly subscriptions will automatically be renewed on the monthly anniversary of Your sign-up date each month, unless you cancel your subscription prior to that date. Each year, you will receive an email approximately 30 days prior to the annual anniversary of Your subscription. This email will remind you that the credit card used for your original subscription will continue to be billed for your NCTV subscription. You may change your credit card information, or other account information, by visiting: http://www.newcenturytv.com/ , logging in, and selecting the My Account option.
8. You may cancel a monthly subscription at any time. However, once a month has begun, the cancellation will not be activated until the start of the next full month. All monthly fees are non-refundable.
9. If payment is not received by NCTV from Your credit card issuer or its agents, You agree to pay all amounts due from You for your NCTV subscription, immediately upon demand by NCTV.
10. You must contact NCTV via email (billing@newcenturytv.com) about any billing problems or discrepancies within 90 days after they first appear on your account statement. If you do not notify NCTV of problems or discrepancies within 90 days, You agree that you waive your right to dispute such problems or discrepancies.
11. If (a) Your credit card is invalid for any reason, (b) You charge back to your credit card the fees due under this Agreement, (c) it appears you have engaged in manipulation of the NCTV service, or (d) NCTV otherwise believes you have acted inconsistently with the spirit or letter of this Agreement, Your subscription may be suspended or cancelled immediately. NCTV may, but has no duty to, immediately terminate service if, in its sole discretion, NCTV concludes that you have provided false information.
12. From time to time, NCTV will send emails to subscribers regarding NCTV’s operations. You agree to receive and to read these emails. In addition, from time to time, NCTV will send emails to subscribers regarding specific programs and/or marketing promotions. You may opt not to receive these programming, marketing and promotion emails by sending an email to: email_opt_out@newcenturytv.com.
13. Violations of system and network security are prohibited, and may result in criminal and civil liability. NCTV will investigate incidents involving such violations and may involve and will report any suspected criminal activity to, and cooperate with, law enforcement. Examples of system and network security violations include but are not limited to:
* Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without the express authorization of the owner of the system or network and NCTV.
* Unauthorized monitoring of data or traffic on any network or system without the express authorization of the owner of the system or network;
* Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
* Falsifying your user identity or providing other false information to NCTV in connection with your use of the service; or providing invalid, inaccurate, non-current and/or incomplete or misleading registration information;
* Taking any other action to disrupt the normal use of NCTV or the internet by other users;
* Recording or storing video stream files, and/or distributing such files;
* Disclosing your password to others for any reason, including (but not limited to) enabling access to NCTV;
* Violating the rights of others;
* Use of software that allows your account to stay logged on while you are not actively using the account or watching programs.
14. While NCTV makes reasonable efforts to ensure that NCTV will be available at all times, NCTV does not guarantee, represent or warrant that such services will be uninterrupted or error-free, and does not guarantee that users will be able to access or use all the features, programs, and/or channels at all times.
15. NCTV (including without limitation any of the content which appears on NCTV or its associated channels) is provided "as is" and without warranties of any kind, either express or implied, or statutory.
16. To the fullest extent permissible pursuant to applicable law, NCTV disclaims all warranties, statutory, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement and title. We do not warrant that NCTV will meet your requirements, that your access or operation of NCTV or any content accessible through NCTV will be uninterrupted or error-free, that defects will be corrected, or that the NCTV site or the other sites associated or affiliated with NCTV (or any servers that make such materials available) are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of NCTV in terms of their correctness, accuracy, reliability, or otherwise, or that the use of NCTV will not adversely affect your or any other person’s use of the computer(s) on which NCTV is downloaded or installed or the network of which such computer(s) are a part.
No oral or written information or advice given by NCTV or an authorized representative shall create a warranty of any kind. Applicable law may not allow the exclusion of express or implied warranties, so certain of the above exclusions may not apply to you and you may also have other legal rights which vary from state to state and jurisdiction to jurisdiction.
17. Subject to any specific license agreements for various software features, programs and channels, NCTV may change, suspend or discontinue any (or all) aspects of the service at any time, including the availability of any channels or programs or segments or other content. NCTV may also impose limits on the use of or access to certain features or portions of the service, or restrict your access to any part or all of these elements, without notice or liability.
18. All materials published on NCTV (including, but not limited to video, audio, graphics, written information, and marketing materials) are protected by copyright, trademark and all other applicable intellectual property laws, and are owned or controlled by NCTV or the provider of such intellectual property. You shall abide by copyright or other notices, information and restrictions appearing in conjunction with any content accessed through the service.
19. Some of the content contained on NCTV or its channels may be considered inappropriate or offensive to some viewers. Subscribers may choose not to watch content which they find offensive. NCTV does not guarantee the accuracy, completeness or timeliness of, or otherwise endorse, these views, opinions or recommendations. Due to the number of sources from which content in the Service is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in such content and the service. Neither NCTV, its affiliates, nor any of their respective employees, agents, third party content suppliers warrant the accuracy, completeness, currency, non-infringement, merchantability or fitness for a particular purpose of the content available through the service. NCTV shall not be liable to You or any other party for any loss or injury caused in whole or part by its negligence or contingencies beyond its control in procuring, compiling, interpreting, reporting or delivering the service and any content through its websites. In no event will NCTV be liable to You or anyone else for any decision made or action taken by you in reliance on such content on the service. NCTV shall not be liable to you or anyone else for any damages other than direct damages (including, without limitation, consequential, special, incidental, indirect, or similar damages) even if advised of the possibility of such damages. You agree that the liability of NCTV, if any, arising out of any kind of legal claim (whether in contract, tort or otherwise) in any way connected with the service or the content in the service shall not exceed the amount You paid to NCTV for the use of the service in the 12 months immediately preceding the event giving rise to such claim. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. Subscriber specifically acknowledges that NCTV is not liable for the defamatory, offensive or illegal conduct of other subscribers or third parties and that the risk of injury from the foregoing rests entirely with subscriber.
20. Content available through NCTV may be owned by others, and is protected by copyrights, trademarks, rights of publicity and other intellectual property rights. YOU MUST NOT RECORD, COPY, TRANSMIT, MODIFY, STORE, DISTRIBUTE, SHOW IN PUBLIC OR IN PRIVATE, OR CREATE ANY DERIVATIVE WORKS FROM ANY OF THE CONTENT YOU FIND THROUGH NCTV. You may not record or otherwise capture any of the video streams available through NCTV, nor may you store any of the video files distributed by NCTV on Your computer, nor may you distribute any such files to any other computer or video playback system. Making unauthorized copies of any Content can lead to the termination of your NCTV account (without any refund of any prepaid fees or other amounts, subject to applicable law) and may subject you to legal action. In addition, the owner of the content may take criminal or civil action against you. If a content owner takes legal action against NCTV because of Your unauthorized use of content, you agree (to the extent permitted by applicable law) to hold harmless and indemnify NCTV, its subsidiaries, affiliates, related companies, employees, officers, directors, agents and suppliers against any liability, claims, or demands, including the costs of NCTV hiring attorneys to defend against the action.
21. NEW CENTURY TELEVISION is a trademark of New Century Television, Inc. All rights reserved. All other trademarks appearing on service are the property of their respective owners.
22. NCTV service is reliant upon a continuous, successful broadband connection directly to the computer used to access NCTV. Any issues related to broadband service must be addressed to your internet service provider. NCTV is not responsible for any service issues related to internet connectivity.
23. NCTV service is reliant upon successful installation of Microsoft Windows Media Player. Any issues related to the successful operation of this software must be addressed to Microsoft. NCTV is not responsible for any playback issues related to the availability, installation or operation of Microsoft Windows Media Player or any other software used by NCTV.
24. Nothing in these provisions supersedes any terms of any end-user license for software used in connection with NCTV, including but not limited to end-user licenses related to web browsers, or other software. If You are using a third party's media player software to view the services, the use of such software will be governed by the licensing agreement accompanying such software. Any personal information you provide to such third party in connection with your use of their software is governed by that third party's privacy policy and terms of use.
25. By becoming an NCTV subscriber, you agree (to the extent permitted by applicable law) to waive any claims you may have against NCTV, and to hold New Century Television, Inc. harmless and indemnify New Century Television, Inc. with regard to any claims, relating to action taken by New Century Television, Inc. as part of its investigation of any suspected violation of this Agreement. This means that You cannot sue NCTV or New Century Television, Inc. or recover any damages whatsoever from NCTV or New Century Television, Inc. as a result of investigation or conclusion that a violation of this Agreement has occurred.
26. NCTV grants to You a non-exclusive, limited license to use the software designed to provide access to NCTV for the sole purpose of connecting you to NCTV. This license is subject to the restriction that, except where expressly permitted by law, you may not translate; reverse-engineer or reverse-compile or decompile; or disassemble or make derivative works from the software. You may not modify the software or use it in any way not expressly authorized by this Agreement. You understand that NCTV’s introduction of various technologies may not be consistent across all platforms and that the performance and some NCTV features may vary depending on your computer, systems, software, and other equipment.
27. You expressly agree that your use of, or inability to use, the NCTV services are at Your sole risk. NCTV services are provided "as is" and "as available" for your use, without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Because some jurisdictions do not allow the exclusion of implied warranties, the above exclusion of implied warranties may not apply to you.
28. NCTV does not guarantee that any content, information, software or other material accessible through NCTV will be free of viruses, or other harmful components. NCTV’s entire liability and your sole and exclusive remedy with respect to the use of any services provided by NCTV shall be cancellation of your account. NCTV and its affiliated companies and suppliers are not, in any way, liable for any problems, congestion, defects, or malfunction or failure of any system or combination of systems or events, including damage to the subscriber’s computer components, resulting from the participation in or downloading of any materials from or related to the site.
29. In no case shall NCTV, New Century Television, Inc., its directors, officers, employees, affiliates, agents or contractors be liable for any direct, indirect, incidental, special or consequential damages arising from your use of NCTV or for any other claim related in any way to your NCTV use. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, NCTV’s liability shall be limited to the extent permitted by law.
30. NCTV may give notice to any NCTV user or subscriber by sending an e-mail message to the user’s mailbox or by sending a letter via postal mail to the contact address listed in the user’s NCTV account registration. You may contact NCTV through email links within the NCTV channels or web sites, and/or New Century Television, Inc. site.
31. With respect to NCTV, this Agreement represents your entire agreement with NCTV. You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than you, as a NCTV subscriber.
32. From time to time, NCTV may revise this Agreement. When the terms are changed, the changes will appear in this document, which you can access at any time by selecting http://www.newcenturytv.com/subscriber_agreement.html. If you agree to be bound by the changes, you should click on the "AGREE" button at the end of the Agreement. If you do not agree to be bound by the changes, you should not use NCTV again and you should cancel your subscription to the service by sending an email to cancel_subscription@newcenturytv.com. Even if you do not click on the "AGREE" button, by continuing to use the service after NCTV has posted any such changes in this Agreement, You are agreeing to be bound by all of the changes.
33. If any part 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 intentions of the parties, and the remaining portions shall remain in full force and effect. The laws of the State of Pennsylvania, excluding its conflicts of law rules, govern this agreement and your use of NCTV. Your conduct and use of NCTV may be subject to other local, state, national, and/or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with NCTV regarding NCTV or relating in any way to your account or your use of NCTV resides in the courts of the State of Pennsylvania. You further agree and expressly consent to the exercise of personal jurisdiction in the Pennsylvania courts in connection with any such dispute, including any claim involving NCTV or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers with respect to NCTV.
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