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| Diversion TV Terms
and Conditions of Service |
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| 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). |
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| 1. Description of Service |
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| 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.
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| 2. Age Requirements
for the Use of Service |
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| 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. |
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| 3.
System Requirements |
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| 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. |
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| 4. Registration Data |
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(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.
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| 5. Contractual
Rights |
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| 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. |
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| 6. Your Account |
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(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.
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| 7. Purchase Plans
& Access to Service |
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| 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. |
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| 8. Promotional
Offers |
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| 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. |
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| 9. Subscription
Plans |
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(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).
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| 10. Objectionable
Material |
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| 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 |
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| 11. Changes,
Interruptions or Discontinuation of Service |
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| 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.
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| 12. Agreement to Pay |
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(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.
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| 13. Intellectual
Property Rights |
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(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.
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| 14. Privacy Policy |
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| 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. |
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| 15 Termination of
Agreement |
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(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. |
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| 16. General
Compliance with Laws |
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| 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. |
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| 17. Enforcement of
Terms |
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| 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). |
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| 18. No
Responsibility for Third-Party Materials or Web Sites |
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| 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. |
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| 19. Disclaimer of
Warranties and Liability Limitations |
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(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.
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| 20. Waiver and
Indemnity |
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| 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. |
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| 21. Changes in
Agreement |
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| 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. |
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| 22. Notices |
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| 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.
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| 23. Cancellation
Policy |
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| If
you cancel your subscription before its expiry, the cancellation will become
effective from next month/quarter/year as applicable to your subscription plan. |
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| 24. Refunds Policy |
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| 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. |
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| 25. Governing Law |
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| 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. |
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| 26 Survival |
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| 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. |
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| 27. Other Terms |
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(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.
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| 28. Severability |
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| 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. |
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| 29. No Trial by Jury |
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| By
entering into this agreement you waive your rights to a trial by jury for any
legal proceedings with Diversion TV. |
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| 30. Force Majeure |
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| 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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