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1. Our Services. By subscribing to our Services, you receive access to and use of: (i) certain software, technology and other intellectual property rights (including all functionality and data contained therein) (e.g., adaptive streaming and third-party platform authentication) owned or operated by us (regardless whether available for download directly or indirectly from Boss TV) (e.g., applications that are hosted or downloaded, accessories, tools, features and/or functionality related to and/or made available by us); (ii) websites owned, operated or otherwise controlled by, or on behalf of, us; (iii) the content accessible by you (e.g., any and all transaction and subscription video, audio, data, interactive, programming, advertising and other content); and (iv) any and all other products and/or services accessed, provided, used or otherwise made available to you, including to enhance past or then-current Services.
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2. Internet Connection. In order to access and use our Services, you must have a broadband, wireless or similar internet connection, and you will need to obtain such internet connection (including sufficient levels and required equipment related thereto) from a third-party internet or similar wireless service provider at your sole cost and expense ("Internet Connectivity";). It is your responsibility to obtain and maintain the Internet Connectivity necessary to access and use our Services. Boss TV is not responsible for your Internet Connectivity (or the amount of data consumed by you in connection with your use of any of our Services). The time it takes to access and use any of our Services (e.g., watching a movie or TV show) will vary based on a number of factors, including your location, your Internet Connectivity, the available bandwidth at the time of your request, the format of our Services you are attempting to access, the device(s) you use to access our Services and other factors outside of our control. Boss TV makes no representations or warranties about the speed or quality of your watching experience on your or any device, and reserves the right change our Services (e.g., the format) based on the specifications of your Internet Connectivity (e.g., if your Internet Connection or device do not meet our required standards for accessing and viewing high-definition ("HD";) content, then any HD content accessed by you may be automatically re-formatted by us in an attempt to improve your experience). We suggest that you ensure that your Internet Connectivity, Permitted Device(s) (as defined below) and configuration are compatible with our Services and the format thereof. You can review our minimum requirements and recommended levels for Internet Connectivity at: www.bosstv.com/support. By accessing or using our Services, you agree to look solely to the entity that provides your Internet Connection for any issues related to such connection and/or its compatibility with, or sufficiency for accessing and using, any of our Services.
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3. Devices. Not all devices are compatible, or permissible, for use with our Services. For a current list of devices permitted for use with our Services ("Permitted Devices";) please visit and review the devices listed at: www.bosstv.com/support. Permitted Devices, including Permitted Cloud DVR Devices (as defined in Section 2.G.iii. below), are manufactured and sold by entities other than Boss TV. In order to use our Services, you must have a Permitted Device, and you will need to obtain such Permitted Device from a third-party provider of such device at your sole cost and expense. You may use more than one Permitted Device, but the number of Authorized User(s) concurrently accessing or using our Services may be limited to one (1) Permitted Device at any time. In addition, certain of our Services, or portions of the functionality thereof, may be "blacked-out"; or not-available on certain Permitted Device(s). By accessing or using any of our Services, you agree to look solely to the third party that manufactured and/or sold you the device for any issues related to such device, the operating system thereon and/or its or their compatibility with any of our Services.
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4. Use of Adaptive Bitrate Streaming. Our audiovisual Services, including, without limitation, live TV channels and the Cloud DVR (as defined below), use adaptive bitrate streaming ("ABS";), which creates multiple versions of each program, recorded at different bitrates, to optimize playback of the applicable audiovisual content at any given time based upon the capabilities of the applicable playback device and available internet bandwidth. If you choose to use the Cloud DVR, you are directing that playback be provided using ABS.
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5. Service Changes; Packaging of Services. In addition to, and without limiting any other provisions in these Terms of Use, Boss TV may, permanently or temporarily, add, delete, rearrange, alter, interrupt, change, and/or eliminate: (i) any and all prices, fees and/or charges; (ii) packages, programming, programming suppliers, services offered by suppliers; (iii) availability of the Cloud DVR with respect to any particular programming and/or programming suppliers, (iv) software, applications, features and/or functionalities and technical and/or functional requirements, (v) Permitted Devices, (iv) compatible operating systems, (iiv) and/or minimum Internet Connectivity required to use the Services, from time to time and at any time. In the event that we add, alter and/or change any prices, fees and/or charges, then you agree to pay such added, altered, and/or changed prices, fees and/or charges. In the event that we add, delete, rearrange, alter, change and/or eliminate any packages, availability of the Cloud DVR with respect to any particular programming and/or programming suppliers, software, applications, features and/or functionalities, then you acknowledge and agree that (a) we have no obligation to replace or supplement such packages, availability of the Cloud DVR with respect to any particular programming and/or programming suppliers, software, applications, features and/or functionalities, and (b) you are not entitled to any credits, refunds, price reductions or any other form of compensation because of any such addition, deletion, rearrangement, alteration, change and/or elimination. You further acknowledge and agree that such additions, deletions, rearrangements, alterations, changes and/or eliminations are not a discretionary act by us if they are due, in whole or in part, to the termination, suspension or expiration of our legal right to provide such packages, availability of the Cloud DVR with respect to any particular programming and/or programming suppliers, software, applications, features and/or functionalities.
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6. Programming Content and Restrictions. Certain of our Services may be "blacked out"; in your viewing area (e.g., local broadcast channels, sporting events and/or other content for which you do not have the rights to access); if you circumvent or attempt to circumvent any of these "blackouts,"; then you may be subject to legal action brought by us or third parties. Certain of our Services may have additional restrictions and your access to such Services will be subject to those restrictions (e.g., you must be at least 18 years of age, or the applicable age of majority where you live, in order to access certain adult-oriented programming or similar Services).
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7. The Cloud DVR.
- i. Certain Cloud DVR subscribers are participating in the beta testing phase, which is only available to a limited number of subscribers. If you qualify and are selected to use the beta phase of the Cloud DVR, then we estimate that you will be able to record approximately 100 hours of video programming using the Cloud DVR during the beta testing period. Other Cloud DVR users are participating in the Cloud DVR general market product phase. If you have subscribed for use of the Cloud DVR general market product, then we estimate that you will be able to record approximately 50 hours of video programming using the Cloud DVR gneral market product. However, in any case, we do not guarantee any minimum amount of recording time and actual recording time may vary. The phrase "Cloud DVR"; refers to both the Cloud DVR in the beta testing phase and the Cloud DVR general market product. We do not warrant or guarantee: (a) access to or recording of any particular programming; (b) the length of time any particular recorded program may remain available for your viewing; or (c) that the Cloud DVR (I) is error-free, (II) will not be interrupted, (III) will not erroneously delete programming that you record, or (IV) will not fail to schedule, make, store, or play back recordings. If you program the Cloud DVR to record more programming than it can hold in the space available, then some programs that you have previously recorded may be deleted. The Cloud DVR does not permit you to "protect"; recordings from such deletion. We reserve the right to terminate the Cloud DVR (and/or all or any portion of your access to the Cloud DVR) at any time in our sole and absolute discretion and, for the avoidance of doubt, we may terminate the Cloud DVR (and/or all or any portion of your access to the Cloud DVR) even if you have not decided to cancel the Cloud DVR. In the event that the Cloud DVR (and/or your access to the Cloud DVR) is cancelled or terminated for any reason or no reason whatsoever, you will no longer have access to any recordings that you have made with the Cloud DVR. If your Membership Account is disconnected, suspended or terminated for non-payment, or for any other reason (or no reason) whatsoever (see, e.g., Section 5.E. below), then, even if you pay to restart your subscription(s) to our Services, recordings that you made with the Cloud DVR prior to such disconnection, suspension or termination may no longer be available.
- ii. IN CONSIDERATION OF YOUR USE OF THE CLOUD DVR IN BETA TESTING PHASE OR THE CLOUD DVR GENERAL MARKET PRODUCT, AS APPLICABLE, YOU HEREBY RELEASE BOSS TV FROM ANY AND ALL LIABILITY AND RESPONSIBILITY FOR ANY: (a) INABILITY TO ACCESS OR RECORD ANY PROGRAMMING; (b) ERRONEOUS OR INTENTIONAL DELETION OF ANY RECORDING AT ANY TIME; (c) FAILURES, ERRORS AND INTERRUPTIONS OF THE CLOUD DVR; AND/OR (d) FAILURE OR INABILITY TO SCHEDULE, MAKE, STORE, OR PLAY BACK ANY RECORDING.
- iii. Not all devices are compatible or permissible for use with the Cloud DVR. Currently, the only devices that are compatible and permissible for use with the Cloud DVR are: devices that are "Amazon";-branded and on which all other Boss TV Services may be accessed, devices that run on the Android operating system and on which all other Boss TV Services may be accessed, devices that are "Windows 10";-branded and on which all other Boss TV Services may be accessed, devices that are "Xbox One";-branded and on which all other Boss TV Services may be accessed, devices that are "AirTV";-branded and on which all other Boss TV Services may be accessed, devices that run on the TVOS operating system and on which all other Boss TV Services may be accessed, devices that run on the iOS operating system and on which all other Boss TV Services may be accessed, and devices that are "Apple TV";-branded and on which all other Boss TV Services may be accessed ("Permitted Cloud DVR Devices";). You may use more than one (1) Permitted Cloud DVR Device to access the Cloud DVR, but we may limit the number of Permitted Cloud DVR Devices that you may use concurrently to access or use the Cloud DVR at any time.
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8. Compliance with Law. You agree to use our Services, including all features and functionalities associated therewith, in accordance with all applicable laws (e.g., public performance limitations or other restrictions on any use of our Services or contents therein). You agree not to archive, download (other than through caching necessary for personal use), reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or otherwise use or gain access to all or any portion of our Services, except as explicitly authorized in these Terms of Use, without express written permission from Boss TV. You also agree not to: circumvent, remove, alter, deactivate, degrade, thwart or otherwise interfere with any of our Services; use any robot, spider, scraper or other automated means to access our Services; decompile, reverse engineer or disassemble any of our Services (e.g., software or other products); insert any code or product, or otherwise manipulate or interfere with our Services (e.g., running any of our Services on a device not permitted for use by us); or, use any data mining, data gathering, or extraction method. In addition, you agree not to upload, post, e-mail, or otherwise send or transmit any material designed to interrupt, interfere with, destroy, or limit the functionality of any of our Services, or other software, hardware, or telecommunications equipment associated with our Services (e.g., any software viruses or any other computer code, files, or programs). In the event that we learn that you are using any Service in a manner that constitutes infringement of third-party intellectual property rights, including rights granted by U.S. copyright law, your Membership Account will be terminated.