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
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
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
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
(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
firstname.lastname@example.org. 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
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
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
(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 email@example.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,
(e) Accounts Information You may request information related to your purchase transactions
at any time by firstname.lastname@example.org. 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.
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
(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
(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.
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 email@example.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
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.
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
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.
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
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.