BOST TV - TERMS OF SERVICE

BOST Digital Entertainment Co., Ltd. ("BOST") operates the Bosttv.com and Bost.tv Websites and provides its services (The Bosttv.com and Bost.tv Websites and services are collectively referred to as "BOST TV") to you, subject to your agreement to abide and be bound by these Terms of Service ("Terms of Service"). These Terms of Service set forth the terms, conditions, rules and regulations which shall apply to your use of BOST TV. Unless explicitly stated otherwise, any new feature that supplements or enhances the current BOST TV Website or services, shall be subject to these Terms of Service. If you do not agree to any of these terms, or the Privacy Policy, please do not use BOST TV. BOST reserves the right to change the Terms of Service at anytime with or without notice.

You understand and agree that BOST TV is provided "AS IS" and WITHOUT WARRANTIES and that BOST assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. In order to use BOST TV, you must obtain access to the Internet, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet, including a computer and modem or other access device.

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as BOST TV is not intended for children under 13. If you are under 13 years of age, then please do not use BOST TV.

A. AGREEMENT.

By accessing BOST TV, you are entering into an agreement with BOST, and accept and agree to be bound by each and all of these Terms of Service. BOST may amend, alter and update these Terms of Service, at any time and without notice to you, by posting the amended terms or new Terms of Service on this Website. The amended terms or new Terms of Service shall become effective immediately and automatically upon posting, and you agree to be bound by such amended terms and new Terms of Service.

B. YOUR OBLIGATIONS.

In addition to your other obligations under these Terms of Service and in consideration of your use of BOST TV, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the BOST TV registration form or when otherwise requested, and (ii) maintain and promptly update such personal information to keep it true, accurate, current and complete. If you provide any personal information that is untrue, inaccurate, not current or incomplete, or BOST has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BOST has the right to suspend or terminate your account and refuse any and all current or future use of BOST TV, or any portion thereof.

C. PRIVACY POLICY.

Personal information about you is subject to our Privacy Policy. For more information, please see our full Privacy Policy.

D. BOST TV MEMBER ACCOUNTS, PASSWORD AND SECURITY.

In order to access some features of the Website, you will have to create a BOST TV and/or Forums (refer to Section H) account (collectively “Accounts”). You will receive passwords and identification upon completing the Accounts registration process. You are responsible for maintaining the confidentiality of the Accounts identification and passwords and are fully responsible for all activities that occur under your passwords. You may never use another's Accounts without permission. You agree to (i) immediately notify BOST of any unauthorized use of your Accounts passwords or identification or any other breach of security, and (ii) ensure that you exit from your Accounts at the end of each session. BOST cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.

E. BOST TV CONTENT

The content on BOST TV, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (collectively "Content"), are owned by or licensed to BOST, subject to copyright and other intellectual property rights under the law. Content on the Websites is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. BOST reserves all rights not expressly granted in and to the Websites and the Content.

You may access BOST TV solely (i) for your information and personal use; (ii) as intended through the normal functionality of BOST TV; (iii) and for Streaming. "Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from BOST TV to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing BOST TV for any purpose or in any manner other than Streaming is expressly prohibited.

F. CONDUCT.

You agree to not use BOST TV to: (i) post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) harm minors in any way; (iii) impersonate any person or entity, including, but not limited to, a BOST official, or falsely state or otherwise misrepresent your affiliation with a person or entity;(iv) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the BOST TV; (v) post, e-mail or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (vi) post, e-mail or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other intellectual property or other proprietary rights ("Intellectual Property Rights") of any party; (vii) post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation,; (viii) post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (x) interfere with, alter, modify, or disrupt the BOST TV Websites or its servers or networks connected to BOST TV, or disobey any requirements, procedures, policies or regulations of networks connected to BOST TV; (xi) use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Websites in a manner that sends more request messages to the BOST TV servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, BOST grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. BOST reserves the right to revoke these exceptions either generally or in specific cases. (xii) intentionally or unintentionally violate any applicable local, national or international law, and any regulations having the force of law; (xiii) "stalk" or otherwise harass another; or (xiv) collect or store personal data about other users. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge and agree that BOST may preserve Content and may also disclose Content if required to do so by law or if such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Terms of Service; (iii) respond to claims that any Content violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of BOST, its users and the public. You understand that the technical processing and transmission of BOST TV, including your content, if any, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

G. INTERNATIONAL USE.

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.

H. FORUMS.

a. You are welcome to post, transmit or submit messages (collectively "Messages") to bulletin boards, chat rooms or other public areas within, or in connection with, this Website (collectively "Forums"). In order to access the Forums, you will have to create a Forums account, separate from the BOST TV account, and you will be responsible for this account as per Section D. We accept no responsibility whatsoever for claims arising from or relating to such Messages. We do not endorse and have no control over the content of Messages submitted by others to Forums. Messages submitted to Forums are not necessarily reviewed by us prior to posting and do not necessarily reflect our opinions or policies. We make no warranties, express or implied, as to the content of Messages in the Forums or the accuracy and reliability of any Messages and other materials in the Forums. Nevertheless, we reserve the right to prevent you from submitting Materials to Forums and to edit, restrict or remove Messages for any reason at any time.

b. We assume no responsibility for actively monitoring Forums for inappropriate Messages. If at any time we choose, in our sole discretion, to monitor the Forums, we nevertheless assume no responsibility for the content of the Messages, no obligation to modify or remove any inappropriate Messages, and no responsibility for the conduct of the user submitting any Messages. In submitting Messages to Forums, you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended. You agree that we accept no liability whatsoever if we prevent your Messages from being submitted or if we edit, restrict or remove your Messages. You also agree to permit any other user of this Website to access, view, store, or reproduce your Messages for that other user's personal use and not to restrict or inhibit the use of this Website by any other person.

c. Children under the age of 13 are not authorized to post messages or participate in Forums on this Website.

d. You agree that all Messages and Submissions (as defined below) submitted by you become our property without compensation to you and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed and published, displayed or deleted as we see fit in our sole discretion.

e. You acknowledge and agree that all Messages and Submissions may be routed through our servers and the Internet and that, therefore, you have no expectation of privacy with regard to such Messages and Submission. You acknowledge that the Forums are forums for public and not private communications. Please keep in mind that whenever you disclose personal information online such information can be collected and used by people you don't know. We cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk.

f. We also reserve the right to turn over to law enforcement officials all Messages and Submissions, emails, or other postings by you that are in violation of these Terms of Service or applicable law. We also reserve the right to comply with any order or otherwise cooperate with law enforcement officials regarding the identification of any user alleged to be using this Website in violation of the law.

I. SUBMISSIONS.

All materials sent by you to us, including, but not limited to, posting to chats, survey responses, message board material, contest entries and similar items, information, suggestions, ideas or concepts (collectively, “Submissions”) whether unsolicited or solicited shall be deemed and shall remain our sole property in perpetuity without compensation to you of any kind and you hereby automatically grant us by assignment the entire right, title and interest in and to such Submissions and you specifically acknowledge that the Submissions may be edited for use. You also waive all so-called "moral rights" in all Submissions. None of the Submissions shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submissions. The sender further waives the right to make any claims against us relating to Submissions, including, but not limited to, unfair competition, breach of implied contract and/or breach of confidentiality.

J. INDEMNITY.

You agree to indemnify and hold harmless BOST, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, and their successors, licensees and assigns from any claim or demand, including attorneys' fees, made by any third- party due to or arising out of your use of BOST TV, your connection to BOST TV, your violation of the Terms of Service, content you submit, or transmit through BOST TV, or your violation of Intellectual Property Rights, or any other rights of another.

K. NO RESALE OF BOST TV SERVICES.

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, without the prior written authorization of BOST, any portion of BOST TV, use of BOST TV, or access to BOST TV, including, but not limited to, the BOST TV Websites and the BOST TV player.

L. MODIFICATIONS TO BOST TV SERVICES.

BOST reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, BOST TV (or any part thereof) with or without notice. You agree that BOST TV shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the BOST TV.

M. TERMINATION BY BOST TV.

You agree that BOST, in its sole discretion, may terminate your Accounts identification, passwords, membership (or any part thereof) or use of BOST TV, and remove and discard any Content within BOST TV, for any reason, including, without limitation, for lack of use or if BOST TV believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. BOST TV may also in its sole discretion and at any time discontinue providing BOST TV, or any part thereof, with or without notice. You agree that any termination of your access to BOST TV under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that BOST may immediately deactivate or delete your Accounts and all related information and files in your Accounts and/or bar any further access to such files or BOST TV. Further, you agree that BOST shall not be liable to you or any third- party for any termination of your access to BOST TV.

N. DEALINGS WITH ADVERTISERS.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through BOST TV, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that BOST shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on BOST TV.

O. LINKS.

BOST may provide, or third-parties may provide, links to other Internet websites or resources. Because BOST has no control over such websites and resources, you acknowledge and agree that BOST is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that BOST shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource.

P. BOST TV's PROPRIETARY RIGHTS.

You acknowledge and agree that BOST TV and any necessary software used in connection with the BOST TV Website, including the BOST TV video player, ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through BOST TV or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by BOST or advertisers, you agree not to modify, rent, lease, lend, sell, distribute or create derivative works based on BOST TV or the Software, in whole or in part. BOST grants you a personal, non-transferable and non-exclusive right and license to use its Software on a single computer; provided that you do not, and do not allow any third-party to, copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including, without limitation, for the purpose of obtaining unauthorized access to BOST TV. You agree not utilize third-party software to obtain unauthorized access to BOST TV. You agree not to circumvent, disable or otherwise interfere with security-related features of BOST TV or features that prevent or restrict use or copying of any Content or enforce limitations on use of BOST TV or the Content therein. You agree not to access BOST TV by any means other than through the interface that is provided by BOST for use in accessing the BOST TV Website.

Q. DISCLAIMER OF WARRANTIES.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (i) YOUR USE OF BOST TV IS AT YOUR SOLE RISK. BOST TV IS ON AN "AS IS" AND "AS AVAILABLE" BASIS. BOST TV EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (ii) BOST MAKES NO WARRANTY THAT (a) BOST TV WILL MEET YOUR REQUIREMENTS, (b) BOST TV WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF BOST TV WILL BE ACCURATE OR RELIABLE, (d) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH BOST TV WILL MEET YOUR EXPECTATIONS, AND (e) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (iii) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF BOST TV IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (iv) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BOST OR THROUGH OR FROM BOST.TV SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.

R. LIMITATION OF LIABILITY.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT BOST SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BOST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE BOST TV; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM BOST TV; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY ON BOST TV; OR (v) ANY OTHER MATTER RELATING TO BOST TV.

S. EXCLUSIONS AND LIMITATIONS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

T. NOTICES.

Notices to you may be made via either e-mail or regular mail. BOST may also provide notices of changes to the Terms of Service or other matters by displaying notices or links to notices to you generally on BOST TV.

U. TRADEMARK INFORMATION.

BOST TV, the BOST TV logo, trademarks and service marks, and other BOST TV logos and product and service names are trademarks of BOST (collectively " Marks"). Without BOST's prior permission, you agree not to display or use in any manner, the BOST TV Marks.

V. GENERAL INFORMATION.

The Terms of Service constitute the entire agreement between you and BOST, governs your use of BOST TV and supersedes any prior agreements between you and BOST. 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. The Terms of Service and the relationship between you and BOST shall be governed by and construed in accordance with the laws of Japan (except that body of law controlling conflicts of law). All the disputes arising between You and BOST shall be subject to the exclusive jurisdiction of the Tokyo District Court of Japan. The failure of BOST to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of BOST TV or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.

W. VIOLATIONS.

Please report any violations of the Terms of Service to info (at) bosttv (dot) com.