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Diversion TV Terms and Conditions of Service

This is a legal agreement between you and Diversion TV stating the terms that govern your use of the Diversion TV Service. In order to use the Diversion TV Service you must accept these terms. For the purpose of this agreement "you" and "your" refers to the user of the Diversion TV Service. "We", "us" and "our" refer to Diversion TV (henceforth being referred as Diversion TV).
1. Description of Service
Diversion TV is an online entertainment service (“Service”) provider that permits you to stream digital content, including but not limited to audiovisual programs, movies, music videos, linear television channels, events, soaps, serials, trailers and other audio visual programs. (“Content”) This Service is available at a cost under certain Terms and Conditions as set forth in this Agreement.
2. Age Requirements for the Use of Service
If you are under the age of 18, you should review these terms of Service with your parent/guardian to make sure that you and your parent/guardian understands these terms and conditions. Purchase of the Service by you would require an authorized credit card holder (parent/guardian) to take responsibility and liability for payment of the Service used.
3. System Requirements
Use of the Service to access Movies or Music Videos/Audios requires a compatible device, Internet access (fees may apply), certain software (fees may apply) and may require obtaining updates or upgrades from time to time. Since the use of the Service involves hardware, software and Internet access, your ability to use the Service may be affected by the performance of these factors. High speed Internet access/Broadband is strongly recommended.
4. Registration Data
(a) Diversion TV allows you to register yourself as a member of its Service and get a free personal account, username and password. You will be asked to provide some standard information for your registration. Registration will allow you to purchase Content through the Diversion TV Service. However, usage of such Content would be subject to payments as per the provisions of the Purchase Plan you select. You will be asked for your Credit Card details when you subscribe.

(b) You agree to provide accurate, current and complete information required to register with the Service and at other points as may be required in the course of using the Service (“Registration Data”). You agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. You agree that your accounts details and password will not be passed to anyone else.

(c) Diversion TV may terminate your rights to any or all of the Service if any information you provide is false, inaccurate or incomplete. You agree that Diversion TV may store and use the Registration Data you provide (including credit card information) to maintain your accounts and billing fees to your credit card.
5. Contractual Rights
Diversion TV provides you a license to use its Service in accordance with the terms of this agreement. You have a non-exclusive, non-transferable, limited right to use the Diversion TV Service and you cannot transfer or assign your rights to someone else. Diversion TV reserves the right to transfer its rights and obligations from this contract to a third party upon written notice to you, provided such assignment is made under terms not less favorable to you than those in this agreement.
6. Your Account
(a) Account and Password You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone else. You are entirely responsible for all activities that occur on or through your Account and you agree to immediately notify Diversion TV of any unauthorized use of your Account or any other breach of security. Diversion TV shall not be responsible for any losses arising from the unauthorized use of your Account. Once a Product is purchased and you receive the Product, it is your responsibility not to lose, destroy or damage the Product and Diversion TV shall not be liable in the event of any loss, destruction, or damage. If you wish to change your password at any time or if you have forgotten what your password is, please go to the Login page and follow the instructions for password changes.

(b) Usage Restrictions You understand that the Service and products purchased through the Service include a security framework using technology that protects digital information and limits your usage of Products to certain usage rules established by Diversion TV and its licensors. You shall be authorized to use the Products only for personal and non-commercial use. You agree not to attempt to, or assist another person to, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components related to such Usage Rules for any reason whatsoever. Usage Rules may be controlled and monitored by Diversion TV for compliance purposes and Diversion TV reserves the right to enforce the Usage Rules with or without notice to you.
7. Purchase Plans & Access to Service
Different purchase options are available for the Service. You agree that the terms related to the purchase plan you access and/or sign up shall be applicable for your agreement.
8. Promotional Offers
Diversion TV may offer certain promotional offers from time to time. Diversion TV reserves the rights to change or terminate the promotional offers any time at its own discretion. Entitlement to promotional offers shall be subject to the eligibility criteria set out in such offers. If you take up a promotional benefit by virtue of your registration for a purchase plan and then terminate such a purchase plan before its expiry date, you will be charged for the promotional benefit that you have received.
9. Subscription Plans
(a) Automatic Renewal of Subscription Plans The subscription plan will get automatically renewed after the expiry of the subscription period (month/quarter/year as applicable) until terminated by either you or Diversion TV in accordance with the terms of this agreement.

(b) Access to Content and Entitlements Different subscription plans will give you different access rights to the Service. You will be entitled to the Service as per the provisions of the purchase plan you purchase.

(c) Switchover to a Different Subscription Plan If you would like to switchover from your existing subscription plan to another subscription plan, you may do so anytime by notifying Diversion TV. Your subscription Service will be adjusted as soon as technically feasible.

(d) Change in Subscription Plans Diversion TV reserves the rights to make any changes to the subscription plans from time to time. However, Diversion TV will give the existing subscribers reasonable notice of such changes. If the new subscription plan is not acceptable to you, you may terminate the contract by sending an e-mail info@diversiontv.com. Once cancelled by you, the plan will not be renewed on the next billing period. However, you may continue to use any entitlements you have applicable as per your original plan. If you do not cancel the subscription plan, it will be deemed that the new subscription plan is acceptable to you and the new plan will become applicable from your next billing period (month/quarter/year, as applicable).
10. Objectionable Material
You understand that by using the Service, you may encounter content that may be deemed offensive, indecent, or objectionable. You agree to use the Service at your sole risk and that Diversion TV shall have no liability to you for content that may be found to be offensive, indecent, or objectionable.onable Material
11. Changes, Interruptions or Discontinuation of Service
You acknowledge that some aspects of the Service, Products and administration of the Usage Rules entails the ongoing involvement of Diversion TV. Accordingly, in the event that Diversion TV changes any part of the Service or interrupts or discontinues the Service, which Diversion TV may do at its discretion, you acknowledge that you may no longer be able to use Products to the same extent as prior to such change or discontinuation and that Diversion TV shall have no liability to you in such case.
12. Agreement to Pay
(a) Payment You agree to pay for all Products you purchase through the Service and that Diversion TV may charge your credit card for any Products purchased and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your Account.YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING DIVERSION TV WITH A VALID CREDIT CARD FOR PAYMENT OF ALL FEES. All fees will be billed to the credit card you designate during the subscription process.

(b) Billing If you subscribe to one of the subscription plans for the Diversion TV Service, the monthly/quarterly/annual flat fee (as per your chosen plan) shall become due every month/quarter/year (as applicable) until your subscription agreement terminates, whether or not you actually use the Service during any subscription period.

(c) Right to Change Prices and Availability of Products Diversion TV reserves the right to change the prices and availability of products from time to time. Diversion TV will provide you with reasonable notice before any such change. If you do not accept the new prices, you may terminate your contract by contacting info@diversiontv.com with written notice of cancellation. Such termination shall be effective from the next billing period (month/quarter/year). If no termination notice is given, the new terms will be applicable from the next billing period (month/quarter/year).

(d) Electronic Signatures and Contracts Your use of the Service includes the ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.

(e) Accounts Information You may request information related to your purchase transactions at any time by info@diversiontv.com. However, Diversion TV shall not send physical copies of any statements to any user. (f) Delivery of Products On occasion, technical problems may delay or prevent delivery of your Product. Your exclusive and sole remedy with respect to Product that is not delivered within a reasonable period will be either replacement of such Product or refund of the purchase price paid for such Product, as determined by Diversion TV.
13. Intellectual Property Rights
(a) Acknowledgement of Ownership You agree that the Service, including but not limited to graphics, audio and film clips, and editorial content, contains proprietary information and material that is owned by Diversion TV and/or its licensors and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with the terms of this Agreement. No portion of the Service may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service, in any manner, and you shall not exploit the Service in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.

(b) Removal /Change of Diversion TV Content or Other Materials Diversion TV reserves the right to change, suspend, remove, or disable access to any Products, content, or other materials comprising a part of the Service at any time without notice. In no event will Diversion TV be liable for the removal of or disabling of access to any such Products, content or materials under this Agreement. Diversion TV may also impose limits on the use of or access to certain features or portions of the Service, in any case and without notice or liability.

(c) Copyright All copyright in and to the Service, including but not limited to the Diversion TV Products (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources), audio visual clips, films, graphics, images, animations, illustrations, editorial content and software are owned by Diversion TV and/or its licensors. Any duplication or use of these in other electronic or printed publications is not permitted. The use of the software or any part of the Service, except for use of the Service as permitted in these terms of Service, is strictly prohibited and infringes on the intellectual property rights of Diversion TV and/or its licensors. Infringement of these copyrights may subject you to civil and criminal penalties, including possible monetary damages.

(d) Trademarks Diversion TV, the Diversion TV logo and other Diversion TV trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of Diversion TV in the USA and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
14. Privacy Policy
The privacy policy also forms part of these terms and you agree that we may use your personal data as set out in the privacy policy.
15 Termination of Agreement
(a) Termination by Diversion TV If you fail, or Diversion TV suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of fees due, failure to provide Diversion TV with a valid credit card or with accurate and complete Registration Data, failure to safeguard your Account information, or violation of the Usage Rules or any license to the software, Diversion TV, at its sole discretion, may:(i) Terminate this Agreement and/or your Account and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or(ii) Terminate the license to the software; and/or(iii) Preclude access to the Service (or any part thereof).Diversion TV may or may not give you a notice in case of such termination.

(b) Termination of the Service Diversion TV reserves the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time with or without notice to you and Diversion TV will not be liable to you or to any third party should it exercise such rights.
16. General Compliance with Laws
 The Service is controlled and operated by Diversion TV from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances and regulations that apply to your use of the Service.
17. Enforcement of Terms
Diversion TV reserves the right to take whatever steps it believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Diversion TV’s right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party’s rights). You agree that Diversion TV has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as Diversion TV believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Diversion TV’s right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party’s rights).
18. No Responsibility for Third-Party Materials or Web Sites
Certain content, products and services available via the Service may include materials from third parties. In addition, Diversion TV may provide links to certain third party websites. You acknowledge that Diversion TV is not responsible for examining or evaluating the content or accuracy of any such third-party material or websites. Diversion TV does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. Links to other websites are provided solely as a convenience to you.
19. Disclaimer of Warranties and Liability Limitations
(a) Diversion TV does not guarantee, represent, or warrant that your use of the Service will be uninterrupted or error-free.

(b) You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by Diversion TV) 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.

(c) In no case, shall Diversion TV, its directors, officers, employees, affiliates, agents, contractors, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of any of the services or for any other claim related in any way to your use of the services, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. 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, Diversion TV’s liability shall be limited to the extent permitted by law.

(d) Diversion TV shall use reasonable efforts to protect information submitted by you in connection with the Service, but you acknowledge and agree that your submission of such information is at your sole risk and Diversion TV hereby disclaims any and all liability to you for any loss or liability relating to such information in any way.

(e) Diversion TV does not represent or guarantee that the Service will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion and Diversion TV disclaims any liability relating thereto. You shall be responsible for backing up your own system.
20. Waiver and Indemnity
By using the Service, you agree to indemnify and hold Diversion TV, its directors, officers, employees, affiliates, agents, contractors and licensors, harmless with respect to any claims arising out of your breach of this agreement, your use of the Service, or any action taken by Diversion TV as part of its investigation of a suspected violation of this agreement or as a result of its finding or decision that a violation of this agreement has occurred. This means that you cannot sue or recover any damages from Diversion TV, its directors, officers, employees, affiliates, agents, contractors, and licensors as a result of its decision to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to the Service, or to take any other action during the investigation of a suspected violation or as a result of Diversion TV’s conclusion that a violation of this agreement has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by this agreement.
21. Changes in Agreement
Diversion TV reserves the right, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Service, at any time. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as "Additional Terms”) will be effective immediately and incorporated into this Agreement. Your continued use of the Diversion TV following such incorporation will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.
22. Notices
Diversion TV may send you notice with respect to the Service by sending an email message to the email address listed in your Diversion TV Account contact information. Notices sent via e-mail shall become effective on the next working day. Notices to Diversion TV must be sent to info@diversiontv.com and all notices must clearly bear your name, account name, address, telephone number and e-mail.
23. Cancellation Policy
If you cancel your subscription before its expiry, the cancellation will become effective from next month/quarter/year as applicable to your subscription plan.
24. Refunds Policy
You may terminate your subscription anytime you want. Cancellation of subscriptions will be effective on the completion of the month/quarter/year as applicable to your subscription plan. There will be no refunds for any unused part of the Service. However, termination of your subscription shall not relieve you of any obligations (including, but not limited to the payment of Service) as set forth in these terms of agreement.
25. Governing Law
These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the State of California, without regard to principles of conflicts of laws and all actions arising out of or related to this Agreement shall be brought in the appropriate state or federal court located in Los Angeles County, State of California. The foregoing choice of law and selection of venue is intended to be made to the exclusion of all other law and venue.
26 Survival
Upon the termination of this agreement as per the provisions of these terms, Sections 11, 14, 16, 20, 21, 24 and 25 of this agreement shall prevail & survive such termination.
27. Other Terms
(a) These Terms of Service constitute the entire agreement between you and Diversion TV and govern your use of the Service, superseding any prior agreements between you and Diversion TV. In order to use the Diversion TV Service you must accept and abide by these terms as presented to you. Changes, additions, or deletions are not acceptable and Diversion TV may refuse access to its Service for non-compliance with any part of this agreement.

(b) You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software.

(c) The section headings appearing in this Agreement do not limit, define or construe the scope of such sections. The headers are provided are only for the ease of understanding.
28. Severability
If any part of these Terms of Service is held invalid or unenforceable, the content or validity of the other parts will remain uninfluenced and shall continue to be effective.
29. No Trial by Jury
By entering into this agreement you waive your rights to a trial by jury for any legal proceedings with Diversion TV.
30. Force Majeure
Diversion TV will make every effort to ensure the Content reaches you, but sometimes this may be affected by things that we cannot control, for example, interruptions to our Service by force majeure, meaning any act of God, storm, fire, casualty, unanticipated work stoppage, power outage, satellite failure, strike, lockout, labour dispute, civil disturbance, riot, war, national emergency, act of Government, act of public enemy, or other cause of similar or dissimilar nature beyond our control. Diversion TV will not be liable for any delay caused by Force Majeure.
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