KyLinTV Terms of Services (Set Top Box)
KyLinTV Terms of Service (Own Devices)
KyLinTV Terms of Service V2
Old KylinTV Terms of Service

KyLinTV Terms of Services (Set Top Box)

KyLinTV Terms of Services

(For TV Device Platform in Europe)

1. Agreement: This Agreement sets out how KyLinTV Inc. (“KyLinTV”) will provide the access to KyLinTV Internet Protocol Television (“IPTV”) broadcasts, Video on Demand (“VOD”) and all other video related services (collectively, the "Services") in European Countries to you (the “Agreement”) via devices including KyLinTV Set-top Box (“STB”) Version 4.0 and above, Mobile Device (including but not limited to personal computer, iPad® and other tablet devices supporting KyLinTV application), Third Party STB Device (including but not limited to Google TV™) and Smart TV (including but not limited to Panasonic® TV featuring VIERA® Connect). For the purpose of this Agreement, “you” and “your” shall refer to the individual who wishes to use the Services. By (i) your submission of an online order; (ii) your acceptance of the Terms of Services electronically during registration; (iii) your initialing on the KyLinTV Terms of Services in an order form, and/or (iv) your use of Services, you agree to be bound by this Agreement, including future revisions. Any specific terms, conditions, instructions or service limits relating to the Services that you chose in your KyLinTV subscription package will be treated as part of this Agreement.

2. Other Versions of Terms of Services: All current Terms of Servicesfor various platform services can be found at http://www.kylintv.com/kylintv/page/terms-of-service. Please review the appropriate one depending on your Services.

2.1 If you are a customer to only the Mobile Device Services, please refer to the Terms of Services for Mobile Platform.

2.2 If you are a customer to the STB Services Version 3.9 and below, please refer to the Terms of Services for Services via Set-top Box version 3.0.

3. Authorized User, Use, and Responsibility:

A. You must be 18 years of age or older and have the legal authority to enter into this Agreement. You affirm that the information you supplied is correct and complete.

B. You understand that all information provided by you will be relied upon by KyLinTV for the provision of Services and must be true and accurate. You agree that KyLinTV may disable or terminate the Services in the event that you provide false or incorrect information. You shall promptly notify KyLinTV whenever your personal information or billing information changes (including but not limited to, your name, email address, address, telephone number, and credit card number and expiration date).

C. You agree to use the Services for personal use only and in compliance with any applicable laws and regulations. You understand that any use of KyLinTV Services and Equipment (defined in Section 6) for commercial purpose is prohibited.

D. You accept that KyLinTV considers anyone using the Services under your account or with your registered Equipment to be authorized by you (unless proven otherwise) and you must pay all charges due from that use.

4. Term: This Agreement goes into effect upon your acceptance of this Agreement during registration (electronically or otherwise) and shall continue until canceled or terminated by either party as permitted by this Agreement.

5. Payment of Charges:

A. You may find the current effective subscription fees information of KyLinTV packages at our official website http://www.kylintv.com. Under this Agreement, the payment processing services for goods and/or Services purchased from KyLinTV are provided by KyLinTV Europe Limited, a wholly owned subsidiary of KyLinTV on behalf of KyLinTV or by KyLinTV directly, depending on the type of payment method used for the purchase of the goods and/or Services. In the event you choose to pay with credit card and the payment will be processed via a European Acquirer, these terms are an Agreement between you and KyLinTV Europe Limited. For any other type of purchases, these terms are an Agreement between you and KyLinTV and goods and/or services will be delivered by KyLinTV directly.

B. You agree to pay all charges for the Equipment(s) and the Services, including any charges for Late Payment if applicable. The method of payment will be either as set out in this Agreement or as we otherwise agree with you.

C. You agree to provide KyLinTV, at initial sign-up, with a valid form of payment (including but not limited to credit card, etc.) acceptable to KyLinTV to pay for your subscribed Services and will maintain the validity of payment information while your subscription is active unless we otherwise agree upon. If the charge transaction against your designated form of payment is refused by the merchant account for any reason (card expiry, insufficient credit limit or insufficient fund, etc.), KyLinTV will be entitled to immediately at any time suspend the Services and/or lock your account without notice. You must contact KyLinTV customer service to unlock your account.

D. Fees: You agree to pay all amount billed for the Services, including all taxes, fees and other charges (if any) that are now or may in the future be assessed in connection with any Services you received from us, and any other charges due and owing to us. You agree to authorize KyLinTV to automatically charge your designated form of payment for the following types of fees (including tax applicable):

i. For Monthly Subscription of Base Channel Package (for clarity, Monthly Subscription of Base Channel Package is available to you only after Multi-month Subscription or Prepaid Subscription expired), Premium Package and VOD Package which has no mandatory commitment period requirement (collectively the “Monthly Subscription”). You will be charged in advance at the beginning of each billing cycle for the applicable Monthly Subscription fee plus tax applicable. You authorize KyLinTV to automatically charge your designated form of payment for all fees if your subscription is automatically renewed according to Section 9.

ii. For Multi-month Subscription (includes 24-months Fixed-term plan) of the Base Channel Package (the “Multi-month Subscription”), you will be charged in advance at the beginning of each billing cycle for that month's Multi-month Subscription fee and tax applicable. Billing for new Multi-month Subscription will begin up to five (5) days after the date KyLinTV receives and processes your new order. Accordingly, your billing cycle will start on the Billing Start Date of each calendar month. You must fulfill the fixed commitment period to the subscribed Base Channel Package; otherwise an early termination fee applies (as set out in Section 12). You authorize KyLinTV to automatically charge your designated form of payment for all fees if your subscription is automatically renewed according to Section 9.

iii. For Prepaid Subscription of Base Channel Package, Premium Package and VOD Package, or Promotional Plan which requires payment of total subscription fee upfront (collectively, the “Prepaid Subscription”), you will be charged upfront for the subscription Fee of the entire mandatory subscription period and tax applicable at the time the order is received by KyLinTV. However, the billing start date will begin up to five (5) days after the date KyLinTV receives and processes your new order. KyLinTV will provide you access to the Services for the number of consecutive months for the period as specified and your Prepaid Subscription beginning from the Billing Start Date. You agree that KyLinTV can automatically charge your designated form of payment for all fees if your subscription is automatically renewed according to Section 9.

iv. Other Fees:

(a) VOD Fee by Usage: The charge for VOD by usage will be set out on your program information screen. Each title will be charged only once during the same billing cycle. If you are a subscriber of a Monthly Subscription or Multi-month Subscription, you will be billed each month for the VOD viewing fees if applicable based on actual usage or orders placed during the previous billing cycle in addition to the subscription fees of each month. If you are a subscriber of a Prepaid Subscription, you will be billed monthly for any applicable VOD fees for VOD orders placed and tax applicable during the previous billing cycle in addition to the initial Prepaid Subscription fee. For clarity, the charges of VOD by usage through all the Equipment, Mobile Device, Third Party STB Device and Smart TV of the same account will be merged and listed together on your monthly statement. This clause does not apply if you subscribe to Prepaid VOD Package plan(s).

(b) Applicable Service Fees, Shipping and Handling Fees: The charges for shipping and handling and other applicable Service fees are set out in your order form. KyLinTV will charge you for shipping and handling fees, as well as other applicable service fees and tax applicable that you have pre-approved either during your initial subscription order or during the course of your usage of KyLinTV Services. You acknowledge and agree that ALL shipping and handling and other applicable service fees are non-refundable.

(c) Equipment Fee and Equipment Deposit: as set out in Section6B and 6C.

(d) Late Payment Charge: as set out in Section 8.

(e) Suspension Fee: as set out in Section 11.

(f) Cancellation Fee: as set out in Section 12.

(g) Any additional charges for failure to return Leased Equipment: as set out and defined in Section 6D.

v. Certain fees and charges may apply in certain circumstances to your payment for the Services, including without limitation, those expressly set forth in Exhibit 1 attached hereto and incorporated herein by reference.

E. Dispute of Charges: Your monthly statement of KyLinTV Services will be available online through your KyLinTV account. If there is any disputed item in the statement, you shall notify KyLinTV of such disputed item within thirty (30) days of notice to you that your monthly statement is available, or such greater amount of time as permitted by law. Failure to timely notify us of a dispute shall constitute your acceptance of the corresponding bill. Undisputed portions of a billing statement must be paid before the next billing statement is issued or you agree to pay a Late Payment Charge as described in Section 8. Disputes can be filed either by calling or emailing KyLinTV at contact information listed in Exhibit 2. Please retain your proof of filing a dispute claim.

F. You agree that KyLinTV is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by KyLinTV.

G. Your Reaffirmation: Every time you use KyLinTV Services, you reaffirm that (i) KyLinTV is authorized to charge your designated form of payment; (ii) KyLinTV may submit charges incurred under your account for payment; and (iii) you will be responsible for such charges incurred, even if your Subscription is canceled or terminated.

6. Equipment: To receive the Services from KyLinTV, you may use our Services via (i) Smart TV (includes but not limited to Panasonic® TV featuring VIERA® Connect); (ii) Third Party STB Device with KyLinTV application (includes but not limited to Google TV™); (iii) Mobile Devices (including but not limited to PC, iPad® and other tablet devices supporting KyLinTV application); or (iv) KyLinTV STB. You may purchase or lease KyLinTV STB (the “Equipment”) from KyLinTV. The Equipment consists primarily of, but not limited to, cables, wires, amplifiers, STB/receivers and remotes. For clarity, the KyLinTV wireless adaptor is not a part of the Equipment and a separate purchase is required.

A. If you elect to use our Services via Smart TV, Third Party STB Device or Mobile Device, you need to have a KyLinTV Application in order to use our Services. Your device may come with our Application or you may download it via your device.

B. Purchased Equipment: If you elect to purchase KyLinTV Equipment ("Purchased Equipment"), you agree to pay the Equipment Charge set forth in Exhibit 1 and any applicable sales, usage, and other taxes for each Equipment set you purchase.

C. Leased Equipment: If you elect to lease Equipment from KyLinTV (the “Leased Equipment”), you agree to pay a refundable one-time Equipment Deposit set forth in Exhibit 1 for each Equipment set that you lease. In addition, you will be subject to a monthly Equipment Rental Fee set forth in Exhibit 1 and tax applicable. KyLinTV will charge your account for the applicable Equipment Deposit at the time the order is received.

D. KyLinTV Property; Return of Leased Equipment: All Leased Equipment remains the property of KyLinTV. You must return all Leased Equipment directly to KyLinTV’s designated return address at your own cost within ten (10) business days upon termination or cancellation of the Services or upon receiving KyLinTV’s notice of revoking the grant of Additional Equipment (herein defined in Section 6D). If the Leased Equipment is returned on time and in good working condition, KyLinTV will refund to your designated credit card account or other payment method the amount of the original Equipment Deposit(s) you paid. You need to keep the tracking number provided by the delivery service you use (for example, the UPS tracking number) as evidence of your compliance with your obligation to return the Leased Equipment. You agree to bear any additional costs incurred by KyLinTV to insure return of the Leased Equipment. Failure to timely return the Leased Equipment after the end of your subscription including whether the Equipment is lost (through theft or otherwise) or destroyed (through accident, act of God or otherwise) will result in (for each Leased Equipment not returned): (i) forfeiture of the applicable Equipment Deposit, (ii) a charge for the difference between the Equipment Charge per Equipment set with tax applicable and the Equipment Deposit you paid and (iii) KyLinTV will initiate the collection procedure and the Late Payment Charge set out in Section 8.

E. Additional Equipment: You may request additional Equipment sets on your account (the “Additional Equipment”). You understand that only one access is allowed to receive the Services at the same time under the same account. Each Additional Equipment will be authorized to receive the same Services as your initial Equipment set. Unless otherwise specified in the terms and restrictions, if any, applicable to the promotion(s) pursuant to which you are receiving Services and/or Equipment, KyLinTV will charge you an Equipment Deposit for each Additional Equipment requested pursuant to Section 6C if you elect to lease the Equipment(s) or an Equipment Charge for each purchased Additional Equipment requested pursuant to Section 6B if you elect to purchase the Equipment. If you lease Equipment, you will also need to pay each month an Equipment Rental Fee and tax applicable for each leased Additional Equipment set you activate under the account in addition to the subscription fees you pay for the initial Equipment set, regardless of whether it is a Monthly Subscription, Multi-month Subscription or Prepaid Subscription. The charges of VOD by usage through all the Equipment you order will be merged and listed together on your monthly statement. If you wish to have access on multiple sets of Equipment at the same time, you will need to register different accounts and subscribe to individual Services for each set of Equipment. If you cancel the Leased Additional Equipment, you must return the Additional Equipment set(s) within ten (10) business days upon KyLinTV’s notice.

F. Care of KyLinTV Property: You agree that neither you nor any other person (except KyLinTV's authorized personnel) will open, tamper with, service, repair, maintain, make any alterations to, or remove any part from any Equipment or Application from its initial installation. Any alteration, tampering, removal, etc., or the use of Equipment or Application which permits the receipt of Services without authorization or the receipt of Services to an unauthorized number of outlet, or to an unauthorized location is regarded by KyLinTV to be theft of Services and is prohibited. During the Term of the Agreement, no right of lien and retention by third parties over the Equipment or Application is allowed.

G. You agree that, you will not try to reverse-engineer, decompile or disassemble any software or hardware contained within any Equipment or Application provided by KyLinTV. Such actions are strictly prohibited and may result in the termination of this Agreement, disconnection of your Services and/or legal action.

7. Cross Platform Access: With subscription to any Base Channel Package on KyLinTV Equipment, Smart TV or Third Party STB Device, you will have complimentary access to the same Services via Mobile Device (including but not limited to personal computer, iPad® and other tablet devices supporting KyLinTV application). You understand that only one access is allowed to receive the Services at the same time under the same account. The charges of VOD by usage you order through all the Equipment and other receiving devices will be merged and listed together in your monthly statement. If you wish to have access on multiple devices at the same time, you will need to register different accounts and subscribe to individual Services for each device.

8. Late Payment: If you delay payment, KyLinTV will send you a reminder or call you, and may temporarily disconnect you to the Services. The Services may be reinstated after you paid in full the amount demanded by KyLinTV. If you delay your payment for one (1) month from the date of billing, or there is non-payment of fees as set out in Section 5C, KyLinTV will initiate the collection procedure and may charge you a Late Payment fee set forth in Exhibit 1. If we use an attorney or a collection agency to collect any money you owe us or to assert any other right that we may have against you, including without limitation, any breach of any agreement you may have with KyLinTV, you agree to pay the reasonable costs of such collection or other action. These costs may include, without limitation, the costs of a collection agency, reasonable attorneys’ fees and court costs. You agree that in case of late payment or nonpayment for any Services ordered by you or for any of the charges stated above, KyLinTV, in its sole discretion, may report such late payment or non-payment to reporting agencies.

9. Renewal: You may change your subscription in accordance with Section 10 of this Agreement or cancel the Services in accordance with Section 12. If you do not choose either of the actions as instructed in each section, the Monthly Subscription will automatically be renewed each month at the then prevailing subscription fee for the same package; Multi-month Subscription and Prepaid Subscription will automatically renew on a monthly basis (“Renewed Subscription”) at the completion of the mandatory subscription period for the same package at the then prevailing monthly subscription fee of that package. The subscription fee will be charged in accordance with Section 5(D)(i).

10. Subscription Plan Changes:

A. Changing from Monthly Subscription to Prepaid Subscription or Multi-month Subscription can be done at any time upon your request. Requests will be processed by the close of the next business day or before the starting date of the Prepaid Subscription. KyLinTV will credit to you a pro-rated fee for the partial month and charge your designated form of payment for the new Prepaid Subscription fee according to Section 5(D) (iii) or for Multi-month Subscription fee according to Section 5(D) (ii).

B. Unless otherwise provided in the terms and restrictions of the Promotional Plan(s), changing from Prepaid Subscription to Monthly Subscription or Multi-month Subscription or new Prepaid Subscription of a different channel package requires you to notify KyLinTV at least thirty (30) days prior to the expiration of the existing Prepaid Subscription. At the expiration of the existing Prepaid Subscription, you will be billed for the subscription fee of the new Prepaid Subscription or Monthly Subscription or Multi-month Subscription of channel package according to Section 5(D).

C. Unless otherwise specified in promotion terms of the Promotional Plan, changing from Multi-month Subscription to Prepaid Subscription or Monthly Subscription prior to the completion of the mandatory commitment period is generally not allowed. However, you may upgrade from Multi-month Subscription to Prepaid Subscription from the 13^th month of the Multi-month Subscription commitment period. Your Request will be processed by the close of the next business day or before the starting date of the Prepaid Subscription and the charges for the Prepaid Subscription of new package you change to will be due immediately.

11. Suspension: You may suspend your subscription up to a maximum period of six (6) consecutive months within a twelve (12) months period at a suspension fee (“Suspension Fee”) set forth in Exhibit 1. The minimum period for suspension is one (1) month and the maximum is six (6) months within a twelve (12) months period. You must specify the suspension start date and duration in whole months at the time of request. You will be charged in advance the one-time non-refundable Suspension Fee at the time of request for the number of months requested. Services will be stopped from the date you specify and will be automatically reactivated at the end of the suspension period. For clarity, the suspension period does not count as part of a subscription period.

A. For Monthly Subscriptions and Multi-month Subscription, there will be no monthly subscription fee, apart from the monthly Suspension Fee, for the number of months requested beginning with the next billing cycle following the suspension start date; however, in the billing cycle immediately following the suspension start date there will be a charge for any applicable VOD viewing fees for titles viewed in the prior billing cycle.

B. For Prepaid Subscriptions, you agree that there will be an extension of the subscription period of Prepaid Subscription by the number of elapsed months specified at the time of suspension. In addition, if you subscribe to the Base Channel Packages, there will be a charge in the calendar month immediately following the suspension start date for any applicable VOD viewing fees for titles viewed in the prior month.

12. Cancellation: You may cancel your subscription for any reason at any time by calling us. The cancellation will take effect on the 1^st day of your next billing cycle. In the event that your account is cancelled, fees for all VOD movies and TV drama episodes viewed before the termination of the Services will be due immediately and be charged on your designated form of payment. For avoidance of doubt, if you subscribed the Services through a promotion of KyLinTV, any additional charges associated with the termination set forth in the terms and conditions of the promotion shall also apply.

A. Monthly Subscription can be cancelled at any time.

B. Multi-month Subscription: If you cancel the Services prior to the completion ofthe mandatory commitment period, you will be charged an Early Cancellation Fee set forth in Exhibit 1 for the number of month remaining in your term commitment.

C. Prepaid Subscription: If you terminate your subscription prior to the completion of the mandatory subscription period, KyLinTV will not pro-rate, nor refund to you the subscription fees of the Prepaid Subscription you ordered.

13. Disruption of Services: You agree that in no event shall KyLinTV be liable for any failure or interruption of program transmissions or Services resulting in part or entirely from circumstances beyond KyLinTV's reasonable control. Subject to applicable law, credit will be given for qualifying outages. In any event, if there is a known program or service interruption in excess of 24 consecutive hours (or in excess of such lesser time period pursuant to state law), you shall prompt notify of such failure or interruption to KyLinTV and KyLinTV may either provide you with a pro-rata credit relating to such failure or interruption or, at its discretion, in lieu of the credit provide alternative programming during any program interruption. You agree that KyLinTV shall not be liable for any incidental or consequential damages.

14. Repair of Leased Equipment: KyLinTV will repair and/or replace defective Leased Equipment as long as such damage was not caused by your misuse or other improper operations or handling. A service charge may be imposed if damage to Leased Equipment is due to your negligent use or abuse or if no fault is discovered in KyLinTV's system or Equipment. In addition, an Equipment charge may be imposed for the repair or replacement of any lost, stolen or damaged KyLinTV Leased Equipment. KyLinTV makes no warranties, with respect to KyLinTV Leased Equipment or Services provided by KyLinTV or with respect to the Equipment's compatibility with any Customer-owned equipment. TO THE FULLEST EXTENT ALLOWED BY LAW, KYLINTV EXPRESSLY GIVES NO AND EXCLUDES OTHER WARRANTIES, TERMS, OR CONDITIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE.

15. KyLinTV Purchased Equipment Warranty:

A. KyLinTV warrants to you that the Purchased Equipment will be free from defects in workmanship and materials, under normal use and service, for one year from your date of purchase. You agree that KyLinTV's sole obligation under this express warranty shall be, at KyLinTV's option and expense, to repair the defective Purchased Equipment or part, deliver to you an equivalent Equipment or part to replace the defective item, or if neither of the two foregoing options are reasonably available, KyLinTV may, on its sole discretion, refund to you the purchase price paid for the defective Purchased Equipment. Purchased Equipment or part that is replaced will become the property of KyLinTV. Replaced Purchased Equipment or parts will be free from defects in workmanship and materials, under normal use and service and may be new or reconditioned. KyLinTV warrants any replaced or repaired Purchase Equipment or part for ninety (90) days from shipment, or the remainder of the initial warranty period, whichever is longer.

B. You shall promptly notify KyLinTV for warranty claims that Purchased Equipment is non-conforming to obtain a “Return Materials Authorization” number and return shipping information. Upon receipt and verification of non-conformity, KyLinTV will ship the repaired or replaced Purchased Equipment to you.

C. KyLinTV will not be liable under this limited warranty if its testing and examination disclose that the alleged defect or malfunction in the Purchased Equipment does not exist or results from: (i) failure to follow KyLinTV's installation, operation, or maintenance instructions; (ii) unauthorized product modification or alteration; (iii) abuse, misuse, negligent acts or omissions of yourself and persons under your control; or acts of third parties, acts of God, accident, fire, lightning, power surges or outages, or other hazards.

D. YOU ACKNOWLEDGE AND AGREE THAT IF PURCHASED EQUIPMENT DOES NOT OPERATE AS WARRANTED ABOVE, YOUR SOLE REMEDY FOR BREACH OF THAT WARRANTY SHALL BE REPAIR, REPLACEMENT, OR REFUND OF THE PURCHASE PRICE PAID, AT KYLINTV'S OPTION. TO THE FULLEST EXTENT ALLOWED BY LAW, THE FOREGOING WARRANTIES AND REMEDIES ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, TERMS, OR CONDITIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES, TERMS, OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, CORRESPONDENCE WITH DESCRIPTION, AND NON-INFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. KYLINTV NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE OR USE OF ITS PRODUCTS.

16. Communication Charges: In order to receive Services from KyLinTV, you agree that you are responsible for obtaining and maintaining at your own expense all equipment and services needed to access KyLinTV Services. You also agree to bear any communication charges incurred by accessing KyLinTV Services through a third-party network, such as a cable or wireless carrier or your Internet service provider.

17. Your Property: KyLinTV assumes no responsibility for the maintenance or repair of equipment you use, including but not limited to any television set, personal computer, third party STB device, iPad®, other tablet device, VCR or other video equipment, remote control, wireless card, and stereo or other audio equipment. You shall be responsible for the repair and maintenance of any equipment you use.

18. Access to Your Premises: When you elect onsite technical support (if available), you agree to provide KyLinTV's representatives with access at reasonable times to your premises to install, remove, repair, inspect and maintain the Equipment. Where necessary, you must also obtain permission from third parties (as the landlord for example) for the planned installation work before the KyLinTV onsite technical support is carried out.

19. Your Privacy:

A. KyLinTV maintains your personal identification information for the purpose of account management, billing and collection matters, service management and customer support. You agree that KyLinTV may also aggregate anonymous, non-personal information for reporting and analysis purposes related to your viewing and usage of KyLinTV Services.

B. You agree that KyLinTV may record your conversations with KyLinTV call center representatives for the purpose of tracking records and improvement of our Customer Service.

C. You agree that you shall be obliged to inform KyLinTV of any changes to the information provided to KyLinTV during the Agreement.

D. All information, documents, designs, technical or other specifications, or data notified and/or exchanged between the parties pursuant to the Agreement shall be confidential. This clause shall survive expiration or termination of the Agreement.

E. KyLinTV and you are bound against each other to treat in strict confidence and secrecy any information or data provided by KyLinTV to you and vice versa, for the purposes of or pursuant to the Agreement, unless the specific information is already in the public domain or their disclosure is necessary in accordance with a court order or with the applicable legislation for the time being.

F. For purposes of internal operation or training, KyLinTV may register and keep any details of use of the Services by you. KyLinTV shall act always in accordance with the applicable legislation for the time being and the terms of the Agreement.

G. By signing the Agreement you declare that you have been informed that KyLinTV keeps a record of personal data and you consent to the processing of personal data always in accordance with the provisions of the Processing of Personal Data legislation as amended from time to time.

20. Reproduction of Programs: You agree that the programs provided by KyLinTV will be utilized solely for your personal, non-commercial use and will not be duplicated except in compliance with applicable law. If we reasonably believe you have misused the Services, we may take immediate action to disconnect you from the Services or terminate your agreement with us, without limiting our rights or remedies under this Agreement and applicable laws and KyLinTV reserves the rights to take legal actions for breach of copyright terms of any program reproduced, or inform the copyright holder of the breach.

21. KyLinTV's Rights:

A. KyLinTV has no obligation to monitor content or Services accessible by means of the KyLinTV distribution platforms. However, you acknowledge and agree that KyLinTV has the right to monitor content from time to time and to disclose any information as necessary to satisfy any law or regulation to operate its programming properly, or to protect itself or its customers.

B. KyLinTV shall have the right to determine in its sole discretion what constitutes a "misuse" or "commercial use" of KyLinTV's Equipment and Services.

22. Customer Service: If you experience any technical fault, have any administration question or want to request any change in your KyLinTV account, you may contact us at the contact information set forth in Exhibit 2 hereto. The most updated contact information of KyLinTV is available at http://www.kylintv.com/kylintv/page/contact-us.

23. Assignment or Transfer: This Agreement and the Leased Equipment are not assignable or otherwise transferable by you.

24. Breach of Agreement: KyLinTV, at its option, may suspend or terminate the Services and remove the Leased Equipment (if any) without notice if: (i) you break any terms or conditions of this Agreement or make a material misstatement in any information supplied to us; or (ii)you fail to pay the payment due for the Services within the time allowed; or (iii) if for reasons outside KyLinTV’s control, KyLinTV cannot continue to provide the Services; or (iv) if you are involved in unlawful copying or infringement of the content of any of the Services. KyLinTV’s failure to remove such Equipment or suspend/terminate the Services shall not be deemed abandonment thereof. You agree to pay for reasonable legal and attorney's fees to KyLinTV in the event that KyLinTV shall find it necessary to preserve and protect its rights under this Agreement.

25. Programming: All programming, program services, program packages, number of channels, channel allocations and broadcast channels are at the sole discretion of KyLinTV and are subject to change at any time in accordance with applicable law. You may find the information about latest version of packages and channels available at: http://www.kylintv.com.

26. Changing the Term of Services: KyLinTV may change the Term of Services at any time. We will publish details of all changes online at http://www.kylintv.com/kylintv/page/terms-of-service.

27. Disclaimer:

A. KyLinTV assumes no liability to you for any program or information distributed over the system unless locally produced by KyLinTV. KyLinTV shall not be responsible for any products, merchandise or prizes promoted on or purchased through the use of the system, unless such product, merchandise or prizes are provided directly by KyLinTV.

B. The contents displayed in the “Free Internet Video” section (“Free Internet Contents”) are provided by third party distributors free of charge on the public Internet. By clicking the “continue” button displayed in the “Free Internet Video” section, you will be re-directed to the Free Internet Contents service provided by third party websites that are not related to KyLinTV. The speed and picture quality of Free Internet Contents depend on the service of the third party and the Internet speed allowed by your Internet service provider. KyLinTV does not guarantee the service and quality of any Free Internet Contents. KyLinTV is not responsible for any product or information at the third party website, nor is KyLinTV liable for any services or content on the third party websites. The third party website may have a privacy policy that is different than that of KyLinTV’s and that may provide less security; please consult the third party website's privacy policy for further information.

C. Adaptive Streaming: KyLinTV utilizes adaptive streaming technology by default which will automatically adapt the best picture quality based on your detected Internet speed. Please note, if your Internet service provider imposes additional charges above a limited amount of data, you could manually adapt the picture quality of the KyLinTV STB and PC Services by accessing the “Setting” section of your account to better adjust your data use. For more information, please contact KyLinTV customer service.

28. Limitation of Liability: KyLinTV aims to provide a continuous, high-quality service, but KyLinTV does not warrant that the Services or Equipment will perform at a particular speed or will be uninterrupted, or error-free. The Services can vary depending on location, line quality, inside wiring, Internet traffic, and other factors beyond the control of KyLinTV. To the fullest extent permitted in law, in no event shall KyLinTV (or its officers, employees, parent, subsidiaries, or affiliates), its third party licensors, providers or suppliers, be liable for: (i) any direct, indirect, special, consequential or incidental damages, including without limitation, lost profits or loss of revenue or damage to data arising out of the use, partial use or inability to use the Services, regardless of the type of claim or the nature of the cause of action, including without limitation, those arising under contract, tort, negligence or strict liability, even if KyLinTV has been advised of the possibility of such claim or damages, or (ii) any claims against you by any other party.

29. Severability: If any part, term or provisions of this Agreement is found to be illegal or unenforceable by the court, the remainder of this Agreement shall continue to govern KyLinTV’s provision of the Services to you.

30. The Chinese translated version of this Agreement is for reference purpose only. In case of any discrepancy, the original version in English shall prevail.

31. Choice of Law: You and KyLinTV agree that this Agreement, and any supplements, modifications, addendums and any other change, and the relationship it creates between you and KyLinTV, shall be construed by and governed by in accordance with the Federal laws of the United State and the State laws of the State of New York without reference to its principles of conflicts of law.

EXHIBIT 1 - Fees

In addition to any amounts due for your Services and any other amounts due under this Agreement or any applicable Package Plan Agreement, you agree to pay the fees listed in the table below (“Fees”) and tax applicable. KyLinTV may adjust these Fees, or impose additional Fees. You may find the current effective subscription fees information of KyLinTV Packages at our official website http://www.kylintv.com.

Discounts on certain Fees may be available from time to time if you subscribe to Promotional Plan.

Type of Fee	Amount	Description of When Fee Applies
Suspension	€4/£4 /month	You are subject to a suspension fee per month when you choose to suspend the services
Early Cancellation Fee	€60/£60	You are subject to a one time cancellation fee when you cancel the Services prior to the completion of contract commitment period
Equipment Charge	€69/£69	The market price of the Equipment
Equipment Deposit	€50/£50	A refundable one-time deposit of the Leased Equipment
Equipment Rental Fee	€2/£2/month	You are subject to a Monthly Equipment Rental Fee if you lease Equipment
Late Payment Charge	€18.00 / £16.00	A Late Payment Charge applies when you do not pay your fee in full on or before its due date

EXHIBIT 2 - Contact Information

Country	City	Contact Number	Email
AUSTRIA	VIENNA	43-1-2297594	[email protected]
BELGIUM	BRUSSELS	32-2-8082996
DENMARK		45-89881179
GERMANY	FRANKFURT	49-69-33296277
HUNGARY	BUDAPEST	36-1-4088018
ITALY	ROME	39-06-99268024
NETHERLANDS	S-GRAVENHAGE	31-70-8080137
POLAND	WARSAW	48-22-3074121
SPAIN	MADRID	34-91-1230320
SWEDEN	STOCKHOLM	46-8-40839818
SWITZERLAND	BERN	41-31-5280357
UNITED KINGDOM	LONDON	44-20-35143220

Glossary

“Base Channel Package” shall mean a Channel Package(s) which are requires to be ordered before the Premium Package Service and VOD Service are available. It includes KyLinTV Package; Great Wall TV Package; KyLinTV + Great Wall Package and Panorama China Package.

“Premium Package” shall mean the Add-on Channel Packages which is available only with order of one of the Base Channel Packages, excluding VOD Packages. It includes but not limited to Taiwan Package.

“VOD Packages” shall mean the Video on Demand Package(s) which is available only with order of one of the Required Packages. It includes but not limited to VOD Kids Package, VOD Select Package and Panorama China VOD Package.

“Promotional Plan” shall mean the special packages launched for a limited time promotion which have strict provisions of qualification, a minimum mandatory subscription period and benefits exclusively for qualified subscribers.

Google TV™ is the registered trademarks of Google Inc.

iPad® is the registered trademarks of Apple Inc.

Panasonic® and VIERA® are the registered trademarks of Panasonic Corporation.

KyLinTV Terms of Service (Own Devices)

KyLinTV Terms of Service

(For Mobile Platform in Europe)

1. Agreement: This Agreement sets out how KyLinTV Inc. (“KyLinTV”) will provide the access to KyLinTV Internet Protocol Television (“IPTV”) broadcasts, Video on Demand (“VOD”) and all other video related services (the "Services") in European Countries to you (the “Agreement”) via devices including Personal Computer (PC), iPad® and other tablet devices supporting KyLinTV application (collectively, the “Mobile Platform”). For the purpose of this Agreement, “you” and “your” shall refer to the individual who wishes to use the Services. By (i) your submission of an online order; (ii) your acceptance of the Terms of Service electronically during registration; and/or (iii) your use of Services, you agree to be bound by this Agreement, including future revisions. Any specific terms, conditions, instructions or service limits relating to the Services that you chose in your KyLinTV subscription package will be treated as part of this Agreement.

2. Other Versions of Terms of Service: All current Terms of Service for various platform Services can be found at http://www.kylintv.com/kylintv/page/terms-of-service. Please review the appropriate one depending on your Service.

2.1 If you are a customer to the STB Service Version 4.0 and above, Mobile Device, Third Party STB Device and Smart TV Services please refer to the Terms of Service for Service via TV Device Platform.

2.2 If you are a customer to the STB Service Version 3.9 and below, please refer to the Terms of Service for Service via Set-top Box Version 3.0.

3. Authorized User, Use, and Responsibility:

A. You must be 18 years of age or older and have the legal authority to enter into this Agreement. You affirm that the information you supplied is correct and complete.

C. You agree to use the Services for personal use only and in compliance with any applicable laws and regulations. You understand that any use of KyLinTV Service for commercial purpose is prohibited.

D. You accept that KyLinTV considers anyone using the Services with your user name and password to be authorized by you (unless proven otherwise) and you must pay all charges due from that use.

4. Term: This Agreement goes into effect upon your acceptance of this Agreement electronically or otherwise and shall continue until canceled or terminated by either party as permitted by this Agreement.

5. Payment of Charges:

A. You may find the current effective subscription fees information of KyLinTV Packages at our official website http://www.kylintv.com. Under this Agreement, the payment processing services for goods and/or Services purchased from KyLinTV are provided by KyLinTV Europe Limited, a wholly owned subsidiary of KyLinTV on behalf of KyLinTV or by KyLinTV directly, depending on the type of payment method used for the purchase of the goods and/or Services. In the event you choose to pay with credit card and the payment will be processed via a European Acquirer, these terms are an Agreement between you and KyLinTV Europe Limited. For any other type of purchases, these terms are an Agreement between you and KyLinTV and goods and/or services will be delivered by KyLinTV directly.

B. You agree to pay all charges for the Services, including any charges for Late Payment. The method of payment will be either as set out in this Agreement or as we otherwise agree with you.

C. You agree to provide KyLinTV, at initial sign-up, with a valid form of payment acceptable to KyLinTV (including but not limited to credit card etc.) to pay for your subscribed Service and will maintain the validity of payment information while your subscription is active unless we otherwise agree upon. If the charge transaction against your designated form of payment is refused by the merchant account for any reason (card expiry, insufficient credit limit or insufficient fund, etc.), KyLinTV will be entitled to immediately at any time suspend the Services and/or lock your account without notice. You must contact KyLinTV customer service to unlock your account.

D. Fees: You agree to pay all amount billed for the Service, including all taxes, fees and other charges (if any) that are now or may in the future be assessed in connection with any Service you received from us, and any other charges due and owing to us. You agree to authorize KyLinTV to automatically charge your designated form of payment for the following types of fees (including tax applicable):

i. Subscription Fee: For Monthly Subscription of Base Channel Package, Premium Package and VOD Package on the Mobile Platform (collectively the “Monthly Subscription”), you will be charged in advance at the beginning of each billing cycle for the applicable Monthly Subscription fee plus taxes applicable. Billing for new Monthly Subscriptions will begin right after the date KyLinTV receives and processes your new order (the “Billing Start Date”). You authorize KyLinTV to automatically charge your designated form of payment for all fees if your subscription is automatically renewed according to Section 7.

ii. Suspension Fee: You may suspend your subscription up to a maximum period of six (6) consecutive months within a twelve (12) months period at a suspension fee (“Suspension Fee”) listed in Exhibit 1 attached hereto. The minimum period for suspension is one (1) month and the maximum is six (6) months within a twelve (12) months period. You must specify the suspension start date and duration in whole months at the time of request. You will be charged in advance the one-time non-refundable Suspension Fee at the time of request for the number of months requested. Services will be stopped from the date you specify and will be automatically reactivated at the end of the suspension period. For clarity, the suspension period does not count as part of a subscription period. There will be no monthly subscription fee, apart from the monthly Suspension Fee, for the number of months requested beginning with the next billing cycle following the suspension start date; however, in the billing cycle immediately following the suspension start date there will be a charge for any applicable VOD viewing fees for titles viewed in the prior billing cycle.

iii. Certain fees and charges may apply in certain circumstances to your payment for the Service, including without limitation, those expressly set forth in Exhibit 1 attached hereto and incorporated herein by reference.

E. Dispute of Charges: Your monthly statement of KyLinTV Services will be available online through your KyLinTV account. If there is any disputed item in the statement, you shall notify KyLinTV of such disputed item within thirty (30) days of notice to you that your monthly statement is available, or such greater amount of time as permitted by law. Failure to timely notify us of a dispute shall constitute your acceptance of the corresponding bill. Undisputed portions of a billing statement must be paid before the next billing statement is issued or you agree to pay a Late Payment Charge as described in Section 6. Disputes can be filed by calling or emailing KyLinTV at contact information listed in Exhibit 2 attached hereto. Please retain your proof of filing a dispute claim.

F. You agree that KyLinTV is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by KyLinTV.

6. Late Payment: If you delay payment, KyLinTV will send you a notice via email or call you, and may temporarily disconnect you to the Services. The Services may be reinstated after you paid in full the amount demanded by KyLinTV. If you delay your payment for one (1) month from the date of billing, or there is non-payment of fees as set out in Section 5C, KyLinTV will initiate the collection procedure and a Late Payment Charge (listed in Exhibit 1) will apply. If we use an attorney or a collection agency to collect any money you owe us or to assert any other right that we may have against you, including without limitation, any breach of any agreement you may have with KyLinTV, you agree to pay the reasonable costs of such collection or other action. These costs may include, without limitation, the costs of a collection agency, reasonable attorneys’ fees and court costs. KyLinTV, in its sole discretion, may report such late payment or non-payment to credit reporting agencies.

7. Renewal: You may change your subscription in accordance with Section 9 of this Agreement or cancel the Services in accordance with Section 10. If you do not choose either of the actions as instructed in each section, the Monthly Subscription will automatically be renewed each month at the then prevailing subscription fee for the same package.

8. You understand that only one access is allowed to receive the Service at the same time under the same account. If you would like to have access on multiple devices at the same time, you will need to register different accounts and subscribe to individual Service for each device.

9. Subscription Plan Changes: You may change from your existing channel package to a new channel package at any time by calling us. Requests will be processed by the close of the next business day. KyLinTV will credit to you a pro-rated fee for the partial month and charge your designated form of payment for the new subscription fee of the new channel package according to Section 5Di.

10. Cancellation: You may cancel a Monthly Subscription for any reason at any time by calling us. You must pay all outstanding balances accrued, including without limitation, any applicable fees. Charges for the Services, once charged to your account, are non-refundable, and no refund or credit will be provided in connection with the cancellation of the Service. The cancellation will take effect on the 1^st day of your next billing cycle.

11. Disruption of Services: You agree that in no event shall KyLinTV be liable for any failure or interruption of program transmissions or Services resulting in part or entirely from circumstances beyond KyLinTV's reasonable control. Subject to applicable law, credit will be given for qualifying outages. In any event, if there is a known program or service interruption in excess of 24 consecutive hours (or in excess of such lesser time period pursuant to state law), you shall prompt notify of such failure or interruption to KyLinTV and KyLinTV may either provide you with a pro-rata credit relating to such failure or interruption or, at its discretion, in lieu of the credit provide alternative programming during any program interruption. You agree that KyLinTV shall not be liable for any incidental or consequential damages.

12. Communication Charges: In order to receive Services from KyLinTV, you agree that you are responsible for obtaining and maintaining at your own expense all equipment and services needed to access KyLinTV Services. You also agree to bear any communication charges incurred by accessing KyLinTV Services through a third-party network, such as a cable, wireless carrier or your Internet service provider.

13. Your Property: KyLinTV assumes no responsibility for the maintenance or repair of equipment you use, including but not limited to any personal computer, iPad®, tablet devices supporting KyLinTV application, modem and router. You shall be responsible for the repair and maintenance of any equipment you use.

14. Your Privacy:

B. You agree that KyLinTV may record your conversations with KyLinTV call center representatives for the purpose of tracking records and improvement of our customer service.

C. You agree that you shall be obliged to inform KyLinTV of any changes to the information provided to KyLinTV during the Agreement.

15. Reproduction of Programs: You agree that the programs provided by KyLinTV will be utilized solely for your personal, non-commercial use and will not be duplicated except in compliance with applicable law. If we reasonably believe you have misused the Service, we may take immediate action to disconnect you from the Services or terminate your Agreement with us, without limiting our rights or remedies under this Agreement and applicable laws and KyLinTV reserves the rights to take legal actions for breach of copyright terms of any program reproduced, or inform the copyright holder of the breach.

16. KyLinTV's Rights:

A. KyLinTV has no obligation to monitor content or Services accessible by means of the mobile devices. However, you acknowledge and agree that KyLinTV has the right to monitor content from time to time and to disclose any information as necessary to satisfy any law or regulation to operate its programming properly, or to protect itself or its customers.

B. KyLinTV shall have the right to determine in its sole discretion what constitutes a "misuse" or "commercial use" of KyLinTV's Services.

17. Customer Service: If you experience any technical faults and or have any administration question or want to request any change in your KyLinTV account, you may contact us at the contact information set forth in Exhibit 2 hereto. The most updated contact information of KyLinTV is available at http://www.kylintv.com/kylintv/page/contact-us.

18. Assignment or Transfer: This Agreement is not assignable or otherwise transferable by you.

19. Breach of Agreement: KyLinTV, at its option, may suspend or terminate the Services without notice if: (i) you break any terms or conditions of this Agreement or make a material misstatement in any information supplied to us; (ii)you fail to pay the payment due for the Services within the time permitted; (iii) if for reasons outside KyLinTV’s control, KyLinTV cannot continue to provide the Services; or (iv) if you are involved in unlawful copying or infringement of the content of any of the Services. You agree to pay for reasonable legal and attorney's fees to KyLinTV in the event that KyLinTV shall find it necessary to preserve and protect its rights under this Agreement.

20. Programming: All programming, program services, program packages, number of channels, channel allocations and broadcast channels are at the sole discretion of KyLinTV and are subject to change at any time in accordance with applicable law. You may find the information about latest version of packages and channels available at: http://www.kylintv.com.

21. Changing the Term of Service: KyLinTV may change the Term of Service at any time. We will publish details of all changes online at http://www.kylintv.com/kylintv/page/terms-of-service.

22. Disclaimer:

B. Adaptive Streaming: KyLinTV utilizes adaptive streaming technology by default which will automatically adapt the best picture quality based on your detected Internet speed. For more information, please contact KyLinTV customer service.

23. Limitation of Liability: KyLinTV aims to provide a continuous, high-quality service, but KyLinTV does not warrant that the Services will perform at a particular speed or will be uninterrupted, or error-free. The Services can vary depending on location, line quality, inside wiring, Internet traffic, and other factors beyond the control of KyLinTV. To the fullest extent permitted in law, in no event shall KyLinTV (or its officers, employees, parent, subsidiaries, or affiliates), its third party licensors, providers or suppliers, be liable for: (i) any indirect, special, consequential or incidental damages, including without limitation, lost profits or loss of revenue or damage to data arising out of the use, partial use or inability to use the Services, regardless of the type of claim or the nature of the cause of action, including without limitation, those arising under contract, tort, negligence or strict liability, even if KyLinTV has been advised of the possibility of such damages, or (ii) any claims against you by any other party.

24. Severability: If any part, term or provision of this Agreement is found to be illegal or unenforceable by the court, the remainder of this Agreement shall continue to govern KyLinTV’s provision of the Services to you.

25. The Chinese translated version of this Agreement is for reference purpose only. In case of any discrepancy, the original version in English shall prevail.

26. Choice of Law: You and KyLinTV agree that this Agreement, and any supplements, modifications, addendums and any other change, and the relationship it creates between you and KyLinTV, shall be construed by and covered under and in accordance with the Federal laws of the United State and the State laws of the State of New York without reference to its principles of conflicts of laws.

EXHIBIT 1 - Fees

In addition to any amounts due for your Services and any other amounts due under this Agreement or any applicable Package Plan Agreement, you agree to pay the fees listed in the table below (“Fees”) and tax applicable. KyLinTV may adjust these Fees, or impose additional Fees. You may find the current effective subscription fees information of KyLinTV Mobile Device Packages at our official website http://www.kylintv.com.

Discounts on certain Fees may be available from time to time if you subscribe to Promotional Plan.

Type of Fee	Amount	Description of When Fee Applies
Suspension	€4/£4 / month	You are subject to a suspension fee per month if you choose to suspend the Services
Late Payment Charge	€18.00 / £16.00	Late Payment Charge applies when you do not pay your fee in full on or before its due date

EXHIBIT 2 - Contact Information

Country	City	Contact Number	Email
AUSTRIA	VIENNA	43-1-2297594	[email protected]
BELGIUM	BRUSSELS	32-2-8082996
DENMARK		45-89881179
GERMANY	FRANKFURT	49-69-33296277
HUNGARY	BUDAPEST	36-1-4088018
ITALY	ROME	39-06-99268024
NETHERLANDS	S-GRAVENHAGE	31-70-8080137
POLAND	WARSAW	48-22-3074121
SPAIN	MADRID	34-91-1230320
SWEDEN	STOCKHOLM	46-8-40839818
SWITZERLAND	BERN	41-31-5280357
UNITED KINGDOM	LONDON	44-20-35143220

Glossary

“Base Channel Package” shall mean a Channel Package(s) which requires to be ordered before the Premium Packages and VOD Service are available. It includes KyLinTV Package; Great Wall TV Package; KyLinTV + Great Wall Package and Panorama China Package.

“Premium Package” shall mean the Add-on Channel Package(s) which is available only with order of one of the Base Channel Packages, excluding VOD Packages. It includes but not limited to Taiwan Package.

“VOD Packages” shall mean the Video on Demand Package(s) which is available only with order of one of the Base Channel Packages. It includes but not limited to the VOD Kids Package, VOD Select Package and Panorama China VOD Package.

iPad® is the registered trademarks of Apple Inc.

KyLinTV Terms of Service V2

KyLinTV Terms of Service - Old KylinTV Terms of Service

Terms of Service (PC)

Agreement: This Agreement sets out how KyLinTV Inc. ("KyLinTV") will provide the access to KyLinTV Internet Protocol Television ("IPTV") broadcasts, Video on Demand ("VOD") and other video related services (the "Services") to you (the "Agreement") for via the PC platform (including iPad^® tablet PC device) in European countries. For the purpose of this Agreement, "you" and "your" shall refer to the individual who wishes to use the Services. By (i) your submission of an online order; (ii) your acceptance of the Terms of Service electronically during registration; and/or (iii) your use of Services, you agree to be bound by this Agreement, including future revisions. Any specific terms, conditions, instructions or service limits relating to the Services that you chose in your KyLinTV subscription package will be treated as part of this Agreement.
Other Versions of Terms of Service: All current Terms of Service for various platform Services can be found at http://www.kylintv.com/kylintv/page/terms-of-service. Please review the appropriate one depending on your Service.
- 2.1 If you are a customer to the STB Service Version 4.0 and above (including STB and PC Service), please refer to the Terms of Service for Service via Set-top Box Version 4.0 and above.
- 2.2 If you are a customer to the STB Service Version 3.9 and below (including STB and PC Service), please refer to the Terms of Service for Service via Set-top Box Version 3.0.
Authorized User, Use, and Responsibility:
- A. You must be 18 years of age or older and have the legal authority to enter into this Agreement. You affirm that the information you supplied is correct and complete.
- B. You understand that all information provided by you will be relied upon by KyLinTV for the provision of Services and must be true and accurate. You agree that KyLinTV may disable or terminate the Services in the event that you provide false or incorrect information. You shall promptly notify KyLinTV whenever your personal information or billing information changes (including but not limited to, your name, email address, address, telephone number, and credit card number and expiration date).
- C. You agree to use the Services for personal use only and in compliance with any applicable laws and regulations. You understand that any use of KyLinTV Service for commercial purpose is prohibited.
- D. You accept that KyLinTV considers anyone using the Services with your user name and password to be authorized by you (unless proven otherwise) and you must pay all charges due from that use.
Term: This Agreement goes into effect upon your acceptance of this Agreement electronically during registration and shall continue until canceled or terminated by either party as permitted by this Agreement.
Payment of Charges:
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^®
^®
Late Payment: If you delay payment, KyLinTV will send you a notice via email or call you, and may temporarily disconnect you to the Services. The Services may be reinstated after you paid in full the amount demanded by KyLinTV. If you delay your payment for one (1) month from the date of billing, or there is non-payment as set out in Section 5C, KyLinTV will initiate the collection procedure and may charge you a collection processing fee of eighteen Euros (€18.00) or sixteen Pounds (£16.00) and tax applicable. You agree that in the case of late payment or non-payment for any Services ordered by you or for any of the charges stated above, KyLinTV, in its sole discretion, may report such late payment or non-payment to credit reporting agencies.
Renewal: You may change your subscription in accordance with Section 8 of this Agreement or cancel the Services in accordance with Section 9. If you do not choose either of the actions as instructed in each section, the Monthly Subscription will automatically be renewed each month at the then prevailing subscription fee for the same package.
Subscription Plan Changes: You may change from your existing channel package to a new channel package any time by calling our customer service number. Requests will be processed by the close of the next business day. KyLinTV will credit to you a pro-rated fee for the partial month and charge your designated form of payment for the new subscription fee of the new channel package according to Section 5Di.
Cancellation: You may cancel a Monthly Subscription for any reason at any time by notifying us at the local phone numbers listed at the end of this document. You must still pay all outstanding balances accrued, including without limitation, any applicable fees. Charges for the Services, once charged to your account, are non-refundable, and no refund or credit will be provided in connection with the cancellation of the Service. The cancellation will take effect on the 1st day of your next billing cycle.
10. Disruption of Services: You agree that in no event shall KyLinTV be liable for any failure or interruption of program transmissions or Services resulting in part or entirely from circumstances beyond KyLinTV's reasonable control. Subject to applicable law, credit will be given for qualifying outages. In any event, if there is a known program or service interruption in excess of 24 consecutive hours (or in excess of such lesser time period pursuant to state law), you shall prompt notify of such failure or interruption to KyLinTV and KyLinTV may either provide you with a pro-rata credit relating to such failure or interruption or, at its discretion, in lieu of the credit provide alternative programming during any program interruption. You agree that KyLinTV shall not be liable for any incidental or consequential damages.
Communication Charges: In order to receive Services from KyLinTV, you agree that you are responsible for obtaining and maintaining at your own expense all equipment and services needed to access KyLinTV Services. You also agree to bear any communication charges incurred by accessing KyLinTV Services through a third-party network, such as a cable or wireless carrier or your Internet service provider.
Your Property: KyLinTV assumes no responsibility for the maintenance or repair of equipment you use, including but not limited to any personal computer, iPad^® tablet PC device, modem and router. You shall be responsible for the repair and maintenance of any equipment you use.
Your Privacy:
A. KyLinTV maintains your personal identification information for the purpose of account management, billing and collection matters, customer support and service management. You agree that KyLinTV may also aggregate anonymous, non-personal information for reporting and analysis purposes related to your viewing and usage of KyLinTV Services.
B. You agree that KyLinTV may record your conversations with KyLinTV call center representatives for the purpose of tracking records and improvement of our customer service.
Reproduction of Programs: You agree that the programs provided by KyLinTV will be utilized solely for your personal, non-commercial use and will not be duplicated except in compliance with applicable law. If we reasonably believe you have misused the Service, we may take immediate action to disconnect you from the Services or terminate your Agreement with us, without limiting our rights or remedies under this Agreement and applicable laws and KyLinTV reserves the rights to take legal actions for breach of copyright terms of any program reproduced, or inform the copyright holder of the breach.
KyLinTV's Rights:
A. KyLinTV has no obligation to monitor content or Services accessible by means of the PC Service. However, you acknowledge and agree that KyLinTV has the right to monitor content from time to time and to disclose any information as necessary to satisfy any law or regulation to operate its programming properly, or to protect itself or its customers.
B. KyLinTV shall have the right to determine in its sole discretion what constitutes a "misuse" or "commercial use" of KyLinTV's Services.
Customer Service: If you experience any technical fault and or have any administration question or want to request any change in your KyLinTV account, you may contact us at the local phone numbers listed at the end of this document.
Assignment or Transfer: This Agreement is not assignable or otherwise transferable by you.
Breach of Agreement: KyLinTV, at its option, may suspend or terminate the Services without notice if: (i) you break any terms or conditions of this Agreement or make a material misstatement in any information supplied to us; (ii) you fail to pay the payment due for the Services within the time allowed; (iii) if for reasons outside KyLinTV's control, KyLinTV cannot continue to provide the Services; or (iv) if you are involved in unlawful copying or infringement of the content of any of the Services. You agree to pay for reasonable legal and attorney's fees to KyLinTV in the event that KyLinTV shall find it necessary to preserve and protect its rights under this Agreement.
Programming: All programming, program services, program packages, number of channels, channel allocations and broadcast channels are at the sole discretion of KyLinTV and are subject to change at any time in accordance with applicable law. You may find the information about latest version of packages and channels available at: http://www.kylintv.com.
Changing the Term of Service: KyLinTV may change the Term of Service at any time. We will publish details of all changes online at http://www.kylintv.com/kylintv/page/terms-of-service.
Disclaimer:
Limitation of Liability: KyLinTV aims to provide a continuous, high-quality service, but KyLinTV does not warrant that the Services will perform at a particular speed or will be uninterrupted, or error-free. The Services can vary depending on location, line quality, inside wiring, Internet traffic, and other factors beyond the control of KyLinTV. To the fullest extent permitted in law, in no event shall KyLinTV (or its officers, employees, parent, subsidiaries, or affiliates), its third party licensors, providers or suppliers, be liable for: (i) any indirect, special, consequential or incidental damages, including without limitation, lost profits or loss of revenue or damage to data arising out of the use, partial use or inability to use the Services, regardless of the type of claim or the nature of the cause of action, including without limitation, those arising under contract, tort, negligence or strict liability, even if KyLinTV has been advised of the possibility of such damages, or (ii) any claims against you by any other party.
Severability: If any part, term or provision of this Agreement is found to be illegal or unenforceable by the court, the remainder of this Agreement shall continue to govern KyLinTV's provision of the Services to you.
The Chinese translated version of this Agreement is for reference purpose only. In case of any discrepancy, the original version in English shall prevail.
Choice of Law: You and KyLinTV agree that this Agreement, and any supplements, modifications, addendums and any other change, and the relationship it creates between you and KyLinTV, shall be construed by and covered under and in accordance with the Federal laws of the United States and the State laws of the State of New York without reference to its principles of conflicts of laws.

Glossary

"Base Channel Package" shall mean a Channel Package(s) which requires to be ordered before the Premium Package Service and VOD Service are available. It includes KyLinTV Basic Package; Great Wall TV Package and KyLinTV Basic + Great Wall TV Package.

"Premium Package" shall mean the Add-on Channel Package(s) which is available only with order of one of the Base Channel Packages, excluding VOD Packages. It includes Taiwan TV.

"VOD Packages" shall mean the Video on Demand Package(s) which is available only with order of one of the Base Channel Package. It includes but is not limited to the Happy Kids VOD Package and Select VOD Package.

iPad^® and PayPal^® are the registered trademarks of Apple Inc. and PayPal, Inc. respectively.

Customer Service Number:

Country City Phone Number
AUSTRIA 43-720-883387
BELGIUM BRUSSELS 32-2-8082996
DENMARK 45-89881179
GERMANY FRANKFURT 49-69-3296277
HUNGARY BUDAPEST 36-1-4088018
ITALY ROME 39-06-99268024
NETHERLANDS S-GRAVENHAGE 31-70-8080137
POLAND WARSAW 48-22-3074121
SPAIN MADRID 34-91-1230320
SWEDEN STOCKHOLM 46-8-40839818
UNITED KINGDOM LONDON 44-203-5143220

(KyLinTV may update its Customer Service number from time to time. For the latest Customer Service Number in your region, please check KyLinTV website at www.kylintv.com)

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Terms of Service (STB + PC)

Agreement: This Agreement sets out how KyLin TV Inc. ("KyLinTV will provide the access to KyLinTV Internet Protocol Television ("IPTV") broadcasts, Video on Demand ("VOD") and other video related services (the "Services") in European countries to you (the "Agreement") for Services via the Set-top Box ("STB") Version 4.0 and above (which includes STB and PC Service) platform. For the purpose of this Agreement, "you" and "your" shall refer to the individual who wishes to use the Services. By (i) your submission of an online order; (ii) your acceptance of the Terms of Service electronically during registration; (iii) your initialing on the KyLinTV Terms of Service in an order form, and/or (iv) your use of Services, you agree to be bound by this Agreement, including future revisions. Any specific terms, conditions, instructions or service limits relating to the Services that you chose in your KyLinTV subscription package will be treated as part of this Agreement.
Other Versions of Terms of Service: All current Terms of Service for various platform services can be found at http://www.kylintv.com/kylintv/page/terms-of-service. Please review the appropriate one depending on your Service.
Authorized User, Use, and Responsibility:
Term: This Agreement goes into effect upon your acceptance of this Agreement during registration (electronically or otherwise) and shall continue until canceled or terminated by either party as permitted by this Agreement.
Payment of Charges:
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Equipment: To receive the Services from KyLinTV, you may either purchase or lease equipment which consists primarily of, but not limited to, cables, wires, amplifiers, STB/receivers and remotes (collectively, the "Equipment"). For clarity, the KyLinTV wireless adaptor is not a part of the Equipment and a separate purchase is required.
PC Access: With subscription to any Base Channel Package, you may purchase access to the KyLinTV PC platform (the "PC Access"), including access to iPad^® tablet PC device, for the same Services as on your Equipment with a monthly prepaid access fee of €4.99/£3.99 each ("PC Access Fee") and tax applicable (for clarity, based on the distribution rights agreements between KyLinTV and its channel partners, the Service you receive on the PC may be slight different from the one you receive on Equipment). You understand and agree that only one access to PC per account is permitted at the same time. The charges of VOD by usage you order through all the Equipments and the PC platform will be merged and listed together in your monthly statement. You may cancel your PC Access at any time by calling KyLinTV's customer service (as set out in Section 22).
Late Payment: If you delay payment, KyLinTV will send you a reminder or call you, and may temporarily disconnect you to the Services. The Services may be reinstated after you paid in full the amount demanded by KyLinTV. If you delay your payment for one (1) month from the date of billing, or there is non-payment as set out in Section 5C, KyLinTV will initiate the collection procedure and may charge you a collection processing fee of eighteen Euros (€18.00) or sixteen Pounds (£16.00) and tax applicable. As the case may be, a further reactivation fee of eighteen Euros (€18.00) or sixteen Pounds (£16.00) and tax applicable may also apply to unlock your account. You agree that in case of late payment or nonpayment for any Services ordered by you or for any of the charges stated above, KyLinTV, in its sole discretion, may report such late payment or non-payment to credit reporting agencies.
Renewal: You may change your subscription in accordance with Section 10 of this Agreement or cancel the Services in accordance with Section 12. If you do not choose either of the actions as instructed in each section, the Monthly Subscription will automatically be renewed each month at the then prevailing subscription fee for the same package; Multi-month Subscription and Prepaid Subscription will automatically renew on a monthly basis ("Renewed Subscription") at the completion of the mandatory subscription period for the same package at the then prevailing monthly subscription fee of that package. The subscription fee will be charged in accordance with Section 5(D)(i).
Subscription Plan Changes:
Suspension:
Cancellation:
Disruption of Services: You agree that in no event shall KyLinTV be liable for any failure or interruption of program transmissions or Services resulting in part or entirely from circumstances beyond KyLinTV's reasonable control. Subject to applicable law, credit will be given for qualifying outages. In any event, if there is a known program or service interruption in excess of 24 consecutive hours (or in excess of such lesser time period pursuant to state law), you shall prompt notify of such failure or interruption to KyLinTV and KyLinTV may either provide you with a pro-rata credit relating to such failure or interruption or, at its discretion, in lieu of the credit provide alternative programming during any program interruption. You agree that KyLinTV shall not be liable for any incidental or consequential damages.
Repair of Leased Equipment: KyLinTV will repair and/or replace defective Leased Equipment as long as such damage was not caused by your misuse or other improper operations or handling. A service charge may be imposed if damage to Leased Equipment is due to your negligent use or abuse or if no fault is discovered in KyLinTV's system or Equipment. In addition, an Equipment charge may be imposed for the repair or replacement of any lost, stolen or damaged KyLinTV Leased Equipment. KyLinTV makes no warranties with respect to KyLinTV Leased Equipment or Services provided by KyLinTV with respect to compatibility with any Customer-owned equipment. TO THE FULLEST EXTENT ALLOWED BY LAW, KYLINTV EXPRESSLY GIVES NO AND EXCLUDES OTHER WARRANTIES, TERMS, OR CONDITIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE.
KyLinTV Purchased Equipment Warranty:
Communication Charges: In order to receive Services from KyLinTV, you agree that you are responsible for obtaining and maintaining at your own expense all equipment and services needed to access KyLinTV Services. You also agree to bear any communication charges incurred by accessing KyLinTV Services through a third-party network, such as a cable or wireless carrier or your Internet service provider.
Your Property: KyLinTV assumes no responsibility for the maintenance or repair of equipment you use, including but not limited to any television set, personal computer, iPad^® tablet PC device, VCR or other video equipment, remote control, wireless card, and stereo or other audio equipment. You shall be responsible for the repair and maintenance of any equipment you use.
Access to Your Premises: When you elect onsite technical support (if available), you agree to provide KyLinTV's representatives with access at reasonable times to your premises to install, remove, repair, inspect and maintain the Equipment. Where necessary, you must also obtain permission from third parties (as the landlord for example) for the planned installation work before the KyLinTV onsite technical support is carried out.
Your Privacy/Protection of Personal Data:
A. KyLinTV maintains your personal identification information for the purpose of account management, billing and collection matters, customer support and service management. You agree that KyLinTV may also aggregate anonymous, non-personal information for reporting and analysis purposes related to your viewing and usage of KyLinTV Services.
B. You agree that KyLinTV may record your conversations with KyLinTV call center representatives for the purpose of tracking records and improvement of our customer service.
Reproduction of Programs: You agree that the programs provided by KyLinTV will be utilized solely for your personal, non-commercial use and will not be duplicated except in compliance with applicable law. If we reasonably believe you have misused the Service, we may take immediate action to disconnect you from the Services or terminate your Agreement with us, without limiting our rights or remedies under this Agreement and applicable laws and KyLinTV reserves the rights to take legal actions for breach of copyright terms of any program reproduced, or inform the copyright holder of the breach.
KyLinTV's Rights:
A. KyLinTV has no obligation to monitor content or Services accessible by means of the KyLinTV Equipment or wireless adaptor. However, you acknowledge and agree that KyLinTV has the right to monitor content from time to time and to disclose any information as necessary to satisfy any law or regulation to operate its programming properly, or to protect itself or its customers.
B. KyLinTV shall have the right to determine in its sole discretion what constitutes a "misuse" or "commercial use" of KyLinTV's Equipment and Services.
Customer Service: If you experience any technical fault and or have any administration question or want to request any change in your KyLinTV account, you may contact KyLinTV customer service. The contact information of KyLinTV is available at the end of this document.
Assignment or Transfer: This Agreement and the Leased Equipment are not assignable or otherwise transferable by you.
Breach of Agreement: KyLinTV, at its option, may suspend or terminate the Services and remove the Leased Equipment without notice if: (i) you break any terms or conditions of this Agreement or make a material misstatement in any information supplied to us; or (ii)you fail to pay the payment due for the Services within the time allowed; or (iii) if for reasons outside KyLinTV's control, KyLinTV cannot continue to provide the Services; or (iv) if you are involved in unlawful copying or infringement of the content of any of the Services. KyLinTV's failure to remove such Equipment shall not be deemed abandonment thereof. You agree to pay for reasonable legal and attorney's fees to KyLinTV in the event that KyLinTV shall find it necessary to preserve and protect its rights under this Agreement.
Programming: All programming, program services, program packages, number of channels, channel allocations and broadcast channels are at the sole discretion of KyLinTV and are subject to change at any time in accordance with applicable law. You may find the information about latest version of packages and channels available at: http://www.kylintv.com.
Changing the Term of Service: KyLinTV may change the Term of Service at any time. We will publish details of all changes online at http://www.kylintv.com/kylintv/page/terms-of-service.
Disclaimer:
Limitation of Liability: KyLinTV aims to provide a continuous, high-quality service, but KyLinTV does not warrant that the Services or Equipment will perform at a particular speed or will be uninterrupted, or error-free. The Services can vary depending on location, line quality, inside wiring, Internet traffic, and other factors beyond the control of KyLinTV. To the fullest extent permitted in law, in no event shall KyLinTV (or its officers, employees, parent, subsidiaries, or affiliates), its third party licensors, providers or suppliers, be liable for: (i) any indirect, special, consequential or incidental damages, including without limitation, lost profits or loss of revenue or damage to data arising out of the use, partial use or inability to use the Services, regardless of the type of claim or the nature of the cause of action, including without limitation, those arising under contract, tort, negligence or strict liability, even if KyLinTV has been advised of the possibility of such damages, or (ii) any claims against you by any other party.
Severability: If any part, term or provisions of this Agreement is found to be illegal or unenforceable by the court, the remainder of this Agreement shall continue to govern KyLinTV's provision of the Services to you.
The Chinese translated version of this Agreement is for reference purpose only. In case of any discrepancy, the original version in English shall prevail.
Choice of Law: You and KyLinTV agree that this Agreement, and any supplements, modifications, addendums and any other change, and the relationship it creates between you and KyLinTV, shall be construed by and governed by in accordance with the Federal laws of the United States and the State laws of the State of New York without reference to its principles of conflicts of laws..
Glossary

"Base Channel Package" shall mean a Channel Package(s) which requires to be ordered before the Premium Package Service and VOD Service are available. It includes KyLinTV Basic Package; Great Wall TV Package and KyLinTV Basic + Great Wall Package.

"Premium Package" shall mean the Add-on Channel Package(s) which is available only with order of one of the Base Channel Packages, excluding VOD Packages. It includes but is not limited to Taiwan TV.

"VOD Packages" shall mean the Video on Demand Package(s) which is available only with order of one of the Required Packages. It includes but not limited to Happy Kids VOD Package and Select VOD Package.

"Promotional Plan" shall mean the special packages launched for a limited time promotion which have strict provisions of qualification, a minimum mandatory subscription period and benefits exclusively for qualified subscribers.

iPad^® and PayPal^® are the registered trademarks of Apple Inc. and PayPal, Inc. respectively.

Customer Service Number:

Country City Phone Number
AUSTRIA 43-720-883387
BELGIUM BRUSSELS 32-2-8082996
DENMARK 45-89881179
GERMANY FRANKFURT 49-69-3296277
HUNGARY BUDAPEST 36-1-4088018
ITALY ROME 39-06-99268024
NETHERLANDS S-GRAVENHAGE 31-70-8080137
POLAND WARSAW 48-22-3074121
SPAIN MADRID 34-91-1230320
SWEDEN STOCKHOLM 46-8-40839818
UNITED KINGDOM LONDON 44-203-5143220

(KyLinTV may update its Customer Service number from time to time. For the latest Customer Service Number in your region, please check KyLinTV website at www.kylintv.com)

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Old KylinTV Terms of Service

KyLinTV Terms of Service V1

1. Agreement: This Agreement sets out how KyLinTV Inc. (“KyLinTV”) will provide the access to KyLinTV IPTV broadcasts, Video on Demand (“VOD”) and video related services (the "Services") to you (the “Agreement”). For purpose of this Agreement, “you” and “your” shall refer to the individual who wishes to use the Services. By (i) your submission of an online order; (ii) your acceptance of the Terms of Service electronically during registration; (iii) your initialing the KyLinTV Term of Service in an Order Form, or (iv) your use of Services, you agree to be bound by this Agreement, including future revisions. Any specific terms, conditions, instructions or service limits relating to the Services that you chose in your KyLinTV subscription package will be treated as part of this Agreement.

2. Authorized User, Use, and Responsibility:

A. You must be 18 years of age or older and have the legal authority to enter into this Agreement. You affirm that the information you supplied is correct and complete.

B. You understand that all information provided by you will be relied upon by KyLinTV for the provision of Services thus shall be true and accurate. You agree that KyLinTV may disable or terminate the Services in the event that you provide false or incorrect information. You shall promptly notify KyLinTV whenever your personal information or billing information changes (including for example, your name, email address, address, telephone number, and credit card number and expiration date).

C. You agree to use the Services for personal use only and in compliance with the then current KyLinTV Authorized Use Policy and any applicable laws and regulations. You understand that any use of KyLinTV Service and Equipment for commercial purpose is prohibited.

D. You accept that KyLinTV considers anyone using the Services at the installation address you provided to be authorized by you and you must pay all charges due from that use.

3. Term: This Agreement goes into effect upon your acceptance of this Agreement and shall continue until canceled or terminated by either party as permitted by this Agreement.

4. Payment of Charges:

A. The current effective subscription fees for KyLinTV packages are set out at http://www.kylintv.com. Under this Agreement, the payment processing services for goods and/or Services purchased from KyLinTV are provided by KyLinTV Europe Limited, a wholly owned subsidiary of KyLinTV on behalf of KyLinTV or by KyLinTV directly, depending on the type of payment method used for the purchase of the goods and/or Services. In the event you choose to pay with credit card and the payment will be processed via a European Acquirer, these terms are an Agreement between you and KyLinTV Europe Limited. For any other type of purchases, these terms are an Agreement between you and KyLinTV and goods and/or services will be delivered by KyLinTV directly.

B. You agree to pay all charges for the Equipment(s) and the Services, including any charges for late payment. The method of payment will be either as set out in this Agreement or as we otherwise agree with you.

C. You agree to provide KyLinTV with a valid major credit card as the designated form of payment at initial sign-up, and will maintain the validity of the credit card information while your subscription is active unless we otherwise agree upon.

D. Authorization: You agree to authorize KyLinTV to automatically charge your designated credit card for the following types of fees:
i. Monthly Subscription Fee: For subscription to any monthly plan of Base Channel Package and Premium Package and to Promotional Plan which requires monthly payment (excluding 24-months plans) (collectively the “Monthly Subscription”), you will be charged at the beginning of each calendar month for the balance of that month's subscription fee and taxes applicable. Billing for new Monthly Subscriptions will begin on the earlier of (i) seven (7) days after the date KyLinTV receives and processes the new order; or (ii) the date you start using the Services. If the billing start date for new Monthly Subscription falls in the middle of a month, you will be charged a pro-rated fee for this partial month at the beginning of the next month together with the full monthly fee of the next month.

ii. Subscription Fee for 24-month Plan: For subscription to any 24-month Plan of Base Channel Package (the “24-month Subscription”), you will be charged at the beginning of each calendar month for the balance of that month's subscription fee and taxes applicable. Billing for new 24-month Subscription will begin on the earlier of (i) seven (7) days after the date KyLinTV receives and processes the new order; or (ii) the date you start using the Services. You must make 24 months commitment to the subscribed Channel Package. You agree that KyLinTV can automatically debit your credit card for all fees if your subscription is automatically renewed according to Section 7.

iii. Prepaid Subscription Fees: For Subscription to any prepaid plan of Base Channel Package, Premium Package and VOD Package and to Promotional Plan which requires payment of total subscription fee upfront (collectively, the “Prepaid Subscription”), you will be charged upfront for the Subscription Fee of the complete mandatory subscription period at the time the order is received by KyLinTV. However, the billing start date will begin on the earlier of (i) seven (7) days after the date KyLinTV receives and processes the new order; or (ii) the date you start using the Services. KyLinTV will provide you access to the Services for the number of consecutive months period as specified in terms of applicable Prepaid Subscription beginning from the billing start date. You agree that KyLinTV can automatically debit your credit card for all fees if your subscription is automatically renewed according to Section 7.

iii. For All Subscription Plans:

(a) VOD Fee by Usage: The charge for VOD by usage will be set out on your program information screen. Each title will be charged only once during the same calendar month. If you are a subscriber of Monthly Subscription or 24-month Subscription, you will be billed each month for VOD viewing fees if applicable based on actual usage or orders placed during the previous month in addition to Monthly Subscription fees. If you are a subscriber of Prepaid Channel Package Plan(s), you will be billed monthly for any applicable VOD fees for VOD orders placed during the previous month in addition to the initial Prepaid Subscription Fee. This clause does not apply if you subscribe Prepaid VOD Package Plan(s).

(b) Shipping and Handling, Activation, and Applicable Service Fees: The charges for shipping and handling, activation and applicable service fees are set out in your Order Form. KyLinTV will charge your designated credit card for shipping and handling fees, activation fee, as well as other applicable service fees that you have pre-approved either during your initial subscription order or during the course of your usage of KyLinTV. You acknowledge and agree that ALL shipping and handling, activation and other applicable service fees are non-refundable.

(c) Equipment Fee and Equipment Deposit: as set forth in Section5A, 5B and 5D.

(d) Late Payment Charge: as set forth in Section 6.

(e) Suspension Fee: as set forth in Section 9.

(f) Cancellation Fee: as set forth in Section 10.

(g) Any additional charges for failure to return Leased Equipment: as set forth in Section 5C.
E. Dispute of Charges: Your monthly statement of KyLinTV Services will be available online through your KyLinTV account. If there is any dispute item in the statement, you shall notify KyLinTV of such disputed items within thirty (30) days of receipt, or such greater amount of time as permitted by law. Failure to timely notify us of a dispute shall constitute your acceptance of the corresponding bill. Undisputed portions of a billing statement must be paid before the next billing statement is issued or you agree to pay a Late Payment Fee as described in Section 6. Disputes can be filed either by calling KyLinTV at 1-877-888-8598 or sending e-mail to [email protected]. Please retain your proof of filing a dispute claim.

F. You agree that KyLinTV is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by KyLinTV. If the charge transaction against your designated credit card is refused by the merchant account for any reason (card expired, insufficient credit limit, etc.), KyLinTV will suspend the Services until you pay all amounts due upon demand by KyLinTV.

G. Currency Loss: You understand that you will take the risk of the fluctuation of currency exchange rate by your own if the charges are billed in currency other than US dollar. You agree that KyLinTV is not responsible for any money loss resulting from the fluctuation of currency exchange rate.

H. Customer Reaffirmation: Every time you use KyLinTV Services, you reaffirm that (i) KyLinTV is authorized to charge your designated credit card; (ii) KyLinTV may submit charges incurred under your account for payment; and (iii) you will be responsible for such charges, even if your Subscription is canceled or terminated.

5. Equipment: To receive the Services from KyLinTV, you may either purchase or lease the equipment which constitutes primarily by, but not limited to, cables, wires, amplifiers, STB/receivers and remotes (the “Equipment”).

A. Purchased Equipment: If you elect to purchase KyLinTV Equipment(s) ("Purchased Equipment"), you agree to pay the then effective market price of the Equipment (currently $198 USD per Equipment) and any applicable sales, usage, and other taxes for each Equipment you purchase.

B. Leased Equipment: If you elect to lease Equipment from KyLinTV (the “Leased Equipment”), you will need to pay a one-time deposit for each Equipment you lease (the “Equipment Deposit”) equals to the amount of (i) fifty US dollars ($50 USD) if your designated form of payment is credit card; or (ii) one hundred and ninety-eight US dollars ($198 USD) if your designated form of payment is other than credit card. KyLinTV will automatically charge your designated credit card for the applicable Equipment Deposit at the time the order is received.

C. KyLinTV Property; Return of Leased Equipment: All Leased Equipments remain the property of KyLinTV. You must return all Leased Equipments directly to KyLinTV’s designated return address at your own cost within ten (10) business days upon termination or cancellation of the Services or upon receiving KyLinTV’s notice of revoking the grant of Additional Equipment(s) (herein defined in Section 5D). If the Leased Equipment is returned on time and in good working condition, KyLinTV will credit your designated credit card account for the amount of the original Equipment Deposit you paid. You need to keep the tracking number provided by the delivery service you use (for example, UPS tracking number) as evidence of your compliance with your obligation to return the Equipment. You agree to bear any additional costs incurred by KyLinTV to insure return of the Equipment. Failure to timely return Leased Equipment at the end of your subscription will result in for each Leased Equipment not returned: (i) forfeiture of the Equipment Deposit, and (ii) a charge for the difference between then market price of the Equipment (currently $198 USD per Equipment) and the Equipment Deposit you paid. You agree to pay such charges whether the Equipment is lost (through theft or otherwise) or destroyed (through accident, act of God or otherwise).

D. Additional Equipment: We may allow you to place up to three additional Equipments on your account in our sole discretion (the “Additional Equipment”). Each Additional Equipment will be authorized to receive the same Services as your initial Equipment. You understand that this option is only available if your initial Equipment and Additional Equipment(s) are located at the same residence registered with your account and are continuously connected to the same modem as you use for the initial Equipment; any usage outside the conditions set forth above may result in the denial of access to Services of all of the Equipments. Unless otherwise specified in the terms and restrictions, if any, applicable to the promotion(s) pursuant to which you are receiving Services and/or Equipment, KyLinTV will charge you an Equipment Deposit for each Additional Equipment pursuant to Section 5B. You will also need to pay each month an Additional Equipment Service fee equals to eight dollars ninety-nine cents US dollar ($8.99 USD) multiply the number of Additional Equipment(s) you activated under the account in addition to the subscription fees you pay for the initial Equipment, regardless of whether it is a Monthly Subscription, 24-month Subscription or Prepaid Subscription. The charges of VOD by Usage through all the Equipments you ordered will be merged and listed together on your monthly statement. If you desire to receive Services at two different residential locations, you must open a separate account for each location. KyLinTV reserves the right to revoke the grant of Additional Equipment(s) if KyLinTV reasonably believes that you fail to meet the conditions set forth above. In that event, you agree to return the Additional Equipment(s) within ten (10) business days upon KyLinTV’s notice and, in addition to all other applicable fees, you agree to pay us the difference between the amounts actually received by us and the full retail price (currently $198 per Equipment) for the Services authorized for the Additional Equipment(s) on your account.

E. Care of KyLinTV Property: You agree that neither you nor any other person (except KyLinTV's authorized personnel) will open, tamper with, service, make any alterations to, or remove any Leased Equipment from its point of initial installation. Any alteration, tampering, removal, etc., or the use of Leased Equipment which permits the receipt of Services without authorization or the receipt of Services to an unauthorized number of outlets, or to unauthorized locations constitutes theft of Services and is prohibited. During the Term of the Agreement, rights of lien and retention by third parties over the Leased Equipment are expressed waived.

F. You agree that you will not try to reverse-engineer, decompile or disassemble any software or hardware contained within any Equipment provided by KyLinTV. Such actions are strictly prohibited and may result in the termination of this Agreement, disconnection of your Services and/or legal action.

6. Late Payment: If you delay payment, KyLinTV will send you a reminder or call you and temporarily disconnect you to the Services. The Services will be reinstated soon after you pay in full the amount demanded by KyLinTV. If you delay your payment for one (1) months from the date of billing, KyLinTV will initiate the collection procedure and charge you a late payment charge of twenty-five US dollars ($25 USD) (the “Late Payment Charge”) by way of compensation to KyLinTV for breaching the terms of this Agreement. If you delay your payment for three (3) months from the date of billing, your action will be deemed as early termination of this Agreement (“Early Termination”) as of the date of billing. If the Early Termination occurs (a) in the initial 12 months of a Monthly Subscription, or (b) in the initial 24 months of a 24-month Subscription, or (c) if you subscribe a subscription plan with minimum commitment period and the Early Termination occurs before reaching the minimum commitment period, you will be subject to a one hundred and twenty US dollars ($120 USD) early termination fee (“Early Termination Fee”). You agree that in the case of late payment or nonpayment for any Services ordered by you or for any of the charges stated above, KyLinTV, in its sole discretion, may report such late payment or nonpayment to credit reporting agencies.

7. Renewal: You may change your subscription in accordance with Section 8 of this Agreement or cancel the Services in accordance with Section 10. If you do not choose either of the actions as instructed in each section, Monthly Subscription and 24-month Subscription will automatically be renewed each month at the then prevailing subscription fee for the same package; Prepaid Subscription for Base Channel Package, Premium Package and VOD Package will automatically renew on annual basis at the completion of the mandatory subscription period for the package at the then prevailing subscription fee of the package. The subscription fee will be charged in accordance with Section 4 (D). This clause does not apply if you subscribe to Prepaid VOD 3-month Package plan and 6-month Package plan.

8. Subscription Plan Changes:
A. Unless otherwise provided in the terms and restrictions of the Promotional Plan(s), changing from Monthly Subscription to Prepaid Subscription or 24-month Subscription can be done at any time upon your request. Requests will be processed by the close of the next business day and the change of the plan will take effect from the 1^st day of the following month. For avoidance of doubt, you are still obligated to pay the full monthly subscription fee under the fee schedule of the original plan you subscribed to for the month immediately before the change of plan takes effect. KyLinTV will charge your designated credit card for the new Prepaid Subscription Fee according to Section 4(D) (iii) or for 24-month Subscription Fee according to Section 4(D) (ii).
B. Changing between Prepaid Subscription of Channel Package Plans requires you to notify KyLinTV at least thirty (30) days prior to the expiration of the existing Prepaid Subscription. At the expiration of the existing Prepaid Subscription, you will be billed for subscription fee of new Prepaid Subscription of channel package according to Section 4(D) (iii).

C. Changing from Prepaid Channel Package Plan or 24-month Channel Package Plan to Monthly Channel Package Plan requires you to notify KyLinTV at least thirty (30) days prior to the expiration of the existing Prepaid Subscription or 24-month Subscription. At the expiration of the existing Prepaid Subscription or 24-month Subscription, you will be billed according to Section 4(D) (i) for the new package you changed to.

D. Changing between Monthly Subscription Plans can be done at any time upon your request. Request will be processed by the close of next business day and the change of plan will take effect from the 1^st day of the following month. KyLinTV will bill you for the new package according to Section 4(D) (i).

9. Suspension: You may request suspension of your subscription up to a maximum period of six (6) consecutive whole months at a suspension fee (“Suspension Fee”) of five US dollars ($5.00 USD) per month per account. The minimum period for suspension is one (1) month and the maximum is six (6) months. You must specify the suspension start month and duration in whole months at the time of request. You will be charged in advance the one-time non-refundable Suspension Fee at time of request for the number of months requested. Services will be stopped from the 1^st day of the suspension start month you specified and will be automatically reactivated on the same calendar date of the last elapse month for the period specified. For clarity, the suspension period does not count as part of subscription period.
A. For Monthly Subscriptions and 24-month Subscription, there will be no Monthly Subscription Fee, apart from the monthly Suspension Fee, for the number of months requested beginning with the next calendar month following the suspension date; however, in the calendar month immediately following the suspension date there will be a charge for any applicable VOD viewing fees for titles viewed in the prior month before the suspension date.
B. For Prepaid Subscriptions, you agree that there will be an extension of the Subscription period of Prepaid Subscription by the number of elapsed months specified at the time of suspension. In addition, if you subscribe the Base Channel Packages, there will be a charge in the calendar month immediately following the suspension date for any applicable VOD viewing fees for titles viewed in the prior month before the suspension date.

10. Cancellation:
A. For Monthly Subscription, except otherwise set out in this Agreement or in the terms and restrictions of the Promotion Plan, you may request cancellation of the subscription at anytime. The cancellation will take effect on the 1^st day of the following month. In the event that your account is cancelled, all VOD movies and TV Drama Episodes viewed during that month will be charged. You will be subject to a one hundred and twenty US dollars ($120.00 USD) cancellation fee if you cancel the Services prior to reaching twelve (12) months of subscription.

B. For 24-month Subscription, you may not cancel the Services until 24 months subscription period is satisfied. If you terminate your subscription prior to the completion of 24 months subscription period, you will be subject to a cancellation fee equal to one hundred and twenty US dollars ($120 USD).

C. For Promotional Plans which have mandatory subscription period, unless otherwise provided in specific terms and restrictions of the promotion offer, if you cancel your Services prior to the expiration of that mandatory subscription period, you will continue to be charged a minimum monthly subscription fee until payment of same for complete mandatory subscription period have been made. In addition, KyLinTV may, at its sole option, charge back the promotion offers we have been given at the standard retail price. After mandatory subscription period has been reach, you may cancel the applicable Promotional Plans at anytime and the calculation of balance due shall follow Section 10(A), regardless of the cancellation clause.

D. For Prepaid Subscription, except where legitimate reason for cancellation exist, you may not cancel Prepaid Subscription until the mandatory subscription period is satisfied. If you terminate your subscription prior to the completion of the mandatory subscription period, KyLinTV will not prorate, nor refund you the Subscription Fees of the Prepaid Subscription you ordered.

12. Repair of Leased Equipment: KyLinTV will repair and/or replace defective Leased Equipment as long as such damage was not caused by your misuse or other improper operations or handling. A service charge may be imposed if damage to Leased Equipment is due to your negligent use or abuse or if no fault is discovered in KyLinTV's system or Equipment. In addition, an Equipment charge may be imposed for the repair or replacement of any lost, stolen or damaged KyLinTV Leased Equipment. KyLinTV makes no warranties, with respect to KyLinTV Leased Equipment or Services provided by KyLinTV or with respect to the Equipment's compatibility with any Customer-owned equipment.

13. KyLinTV Purchased Equipment Warranty:
A. KyLinTV warrants to you that the Purchased Equipment will be free from defects in workmanship and materials, under normal use and service, for one year from your date of purchase. You agree that KyLinTV's sole obligation under this express warranty shall be, at KyLinTV's option and expense, to repair the defective Purchased Equipment or part, deliver to you equivalent Purchased Equipment or part to replace the defective item, or if neither of the two foregoing options are reasonably available, KyLinTV may, on its sole discretion, refund to you the purchase price paid for the defective Purchased Equipment. Purchased Equipment that is replaced will become the property of KyLinTV. Replaced Purchased Equipment or parts may be new or reconditioned. KyLinTV warrants any replaced or repaired Purchase Equipment or part for ninety (90) days from shipment, or the remainder of the initial warranty period, whichever is longer.
B. You shall promptly notify KyLinTV for warranty claims that Purchased Equipment is non-conforming to obtain a Return Materials Authorization number and return shipping information. Upon receipt and verification of non-conformity, KyLinTV will ship the repaired or replaced Purchased Equipment to you.
C. KyLinTV will not be liable under this limited warranty if its testing and examination disclose that the alleged defect or malfunction in the Purchased Equipment does not exist or results from: (i) failure to follow KyLinTV's installation, operation, or maintenance instructions; (ii) unauthorized product modification or alteration; (iii) abuse, misuse, negligent acts or omissions of you and persons under your control; or acts of third parties, acts of God, accident, fire, lightning, power surges or outages, or other hazards.
D. YOU ACKNOWLEDGE AND AGREE THAT IF PURCHASED EQUIPMENT DOES NOT OPERATE AS WARRANTED ABOVE, YOUR SOLE REMEDY FOR BREACH OF THAT WARRANTY SHALL BE REPAIR, REPLACEMENT, OR REFUND OF THE PURCHASE PRICE PAID, AT KYLINTV'S OPTION. TO THE FULL EXTENT ALLOWED BY LAW, THE FOREGOING WARRANTIES AND REMEDIES ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, TERMS, OR CONDITIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES, TERMS, OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, CORRESPONDENCE WITH DESCRIPTION, AND NON-INFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. KYLINTV NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE OR USE OF ITS PRODUCTS.

14. Communication Charges: In order to receive Services from KyLinTV, you agree that you are responsible for obtaining and maintaining at your own expense all equipment and services needed to access KyLinTV Services. You also agree to bear any communication charges incurred by accessing KyLinTV Services through a third-party network, such as a cable or wireless carrier.

15. Customer Property: KyLinTV assumes no responsibility for the maintenance or repair of equipment you provided, including but not limited to television sets, VCRs or other video equipment, remote controls, wireless cards, and stereos or other audio equipment. You shall be responsible for the repair and maintenance of any equipment you provided.

16. Access to Customer Premises: When you elect onsite installation, you agree to provide KyLinTV's representatives with access at reasonable times to your premises to inspect and maintain the Leased Equipment, and upon termination of Services, to remove the same from the premises. Where necessary, you must also obtain permission from third parties (as the landlord for example) for the planned installation work before the KyLinTV onsite installation is carried out.

17. Customer Information:

A. KyLinTV maintains your personal identification information for the purpose of account management, billing and collections, customer support and service management. You agree that KyLinTV may also aggregate anonymous, non-personal information for reporting and analysis purposes related to your viewing and usage of KyLinTV Services.

B. You agree that KyLinTV may record your conversations with KyLinTV call center representatives for the purpose of tracking records and improvement of our Customer Service.

18. Reproduction of Programs: You agree that the programs provided by KyLinTV will be utilized solely for your personal, non-commercial use and will not be duplicated except in compliance with applicable law. If we reasonably believe you have misused the Service, we may take immediate action to disconnect you to the Services or terminate your agreement with us.

19. KyLinTV's Rights:
A. KyLinTV has no obligation to monitor content or Services accessible by means of the KyLinTV STB or wireless card. However, you acknowledge and agree that KyLinTV has the right to monitor content from time to time and to disclose any information as necessary to satisfy any law or regulation to operate its programming properly, or to protect itself or its Customers.
B. KyLinTV shall have the right to determine in its sole discretion what constitutes an "inappropriate" or "commercial use" of KyLinTV's Equipment and Services.

20. Customer Service: If you have any technical faults and administration questions or want to request any changes in your KyLinTV account, you may contact KyLinTV customer service. The contact information of KyLinTV is available at http://www.kylintv.com/kylintv/page/contact-us.

21. Assignment or Transfer: This Agreement and the Leased Equipment are not assignable or otherwise transferable by you.

22. Breach of Agreement: KyLinTV, at its option, may suspend or terminate the Services and remove the Leased Equipment without notice if: (i) you break any terms or conditions of this Agreement or make a material misstatement in any details supplied to us; or (ii)you fail to pay the payment due for the Services within 30 days after KyLinTV’s written notice; or (iii) if for reasons outside KyLinTV’s control, KyLinTV cannot continue to provide the Services; or (iv) if you are involved in unlawful copying of content of any of the TV Services. KyLinTV’s failure to remove such Equipment shall not be deemed abandonment thereof. You agree to pay for reasonable attorney's fees to KyLinTV in the event that KyLinTV shall find it necessary to preserve and protect its rights under this Agreement.

23. Programming: All programming, program services, program packages, number of channels, channel allocations and broadcast channels are at the sole discretion of KyLinTV and are subject to change at any time in accordance with applicable law. You may find the information about latest version of packages and channels available at: http://www.kylintv.com

24. Changing the Term of Service: Sometimes, KyLinTV will change the Term of Service. We will publish details of all changes online at http://www.kylintv.com/kylintv/page/terms-of-service .

25. Disclaimer: KyLinTV assumes no liability for any program or information distributed over the system unless locally produced by KyLinTV. KyLinTV shall not be responsible for any products, merchandise or prizes promoted on or purchased through the use of the system, unless such product, merchandise or prizes are provided directly by KyLinTV.

26. Limitation of Liability: KyLinTV aims to provide a continuous, high-quality service, but we do not warrant that the Services or Equipment provided by KyLinTV will perform at a particular speed or will be uninterrupted, or error-free. The Services can vary depending on location, line quality, inside wiring, Internet traffic, and other factors beyond the control of KyLinTV. In no event shall KyLinTV (or its officers, employees, parent, subsidiaries, or affiliates), its third party licensors, providers or suppliers, be liable for: (i) any direct, indirect, special, consequential or incidental damages, including without limitation, lost profits or loss of revenue or damage to data arising out of the use, partial use or inability to use the Services, regardless of the type of claim or the nature of the cause of action, including without limitation, those arising under contract, tort, negligence or strict liability, even if KyLinTV has been advised of the possibility of such claim or damages, or (ii) any claims against Customer by any other party.

27. Severability: If any part, term or provisions of this Agreement is found to be illegal or unenforceable by the court, the remainder of this Agreement shall continue to govern our provision of the Services to you.

28. Choice of Law: You and KyLinTV agree that this Agreement, and any supplements, modifications, addendums and any other change, and the relationship it creates between Customer and KyLinTV, shall be construed by and covered under and in accordance with the laws of the State of New York without reference to its principles of conflicts of laws.

Glossary

“Base Channel Package” shall mean the packages which are required to be ordered before availability of Premium Packages and Video on Demand (VOD) Packages (defined hereinafter). It includes KyLinTV Basic Package; Great Wall TV Package; KyLinTV Basic Taiwan Package; Taiwan Select Package; Basic + Great Wall TV Package; Basic + CCTV Package; Basic + Phoenix TV Package; China TV Select Package.

“Premium Package” shall mean the packages which are available only with order of one of the Base Channel Packages, excluding VOD Packages. It includes but not limited to Phoenix TV Package, ETTV America Package, Religious Option, STAR TV Premium Package.

“Promotional Plans” shall mean the special packages launched for a limited time promotion which have strict provisions of qualification, a minimum mandatory subscription period and benefits exclusively for qualified subscribers.

“VOD Packages” shall mean the Video on Demand Packages which are available only with order of one of the Required Packages. It includes but not limited to Happy Kids VOD Package, Parents World Package and Select VOD Package.