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Terms and Conditions

TERMS OF SERVICES

This document is an electronic record in terms of international Information Technology law and thus, this electronic record is generated by a computer system and does not require any physical or digital signatures.

PLEASE READ THE FOLLOWING TERMS OF SERVICES (HEREINAFTER REFERRED TO AS THE “TERMS”) VERY CAREFULLY BEFORE AVAILING ANY SERVICE(S), AS ACCESSING, BROWSING OR OTHERWISE USING THE SITE AND/OR MEDIA BOX INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT AND SHOWS YOUR ACCEPTANCE OF AND COMPLIANCE THEREWITH THE FOLLOWING TERMS AND CONDITIONS.

By availing any service through our Telfaz TV website, software, or media box you agree that you have read, understood and are bound by all the Clauses in the Terms and the Terms in entirety, regardless of how you purchase or use or delegate the services offered herein. If you do not want to be bound by the Terms, you must not purchase or avail or use our products/services.

  1. ORGANIZATION BRIEF
  2. At Telfaz LLC we are experienced group of professionals based out of Georgia (USA) dedicated to bringing our customers the most incredible user experience to every multimedia device in your home.  We focus on usability and beautiful design to make sure your TV viewing experience is as comfortable as your living room deserves.  We understand that while you require power and brute force performance in your devices, you also want to see elegant lines and pleasant visuals.  Our Telfaz TV product is a cutting edge multimedia device bringing the Internet to your television screen.

III. GLOSSARY OF REFERENCES

In these Terms, the following words and expressions are used in the following senses, unless contrary intention appears explicitly from the context:

  1. 1.      “You” or “User” or “Buyer” or any other implicit term to such regard shall mean the End User accessing the website and/or the media box & its contents and using the Service(s) offered or buying any product through the website and/or the media box or by the provider(s) and proprietors of the website and/or the media box.
  2. 2.      “Company” shall mean Telfaz LLC – 3576 Chamblee Tucker Road, Atlanta, Georgia, 30341
  3. 3.      “Website” or “the site” shall thereby mean dev.telfaz.tv.
  4. 4.      “We”, “Us” and “Our(s)” shall mean Company owners, owners of the Website and domain name dev.telfaz.tv, its proprietor, and partners only.
  5. 5.      “Telfaz TV”, “Media Box”, “Software”, or “Product” as mentioned in these terms and the privacy policy shall mean and refer to the product(s) offered by the Company.
  6. 6.       “Guest User” shall mean any entity who browses through the website without any formality that involves logging in.
  7. 7.      “Services” may mean inclusive of but not limited to, purchasing any product offered through the website, and any other services that are provided to the specific category of Users to whom this website and/or the media box would cater to. In case of additional reference to the term ‘service(s)’ occurs, the same would be elaborated in that context.
  8. 8.      “Service Provider” means independent third party service providers, or as under s.512 of the Digital Millennium Copyright Act.

Other terms and references would be explained in context as and when they occur.

IV. ABOUT THE TERMS

  1. A.      The Company reserves the right to update the terms at any time without notice to User. The most current version of the terms can be reviewed by clicking on the “Terms of Services” hypertext link located at the bottom of our Website.
  2. B.      USERS, BY ACCEPTING THE TERMS AND CONDITIONS PROVIDED HEREIN, ALSO AGREE THAT THEY FULLY UNDERSTAND AND ACCEPT THE PRIVACY POLICY OF THE COMPANY AND ITS OFFERING.
  3. C.      Use of the website is offered to you conditioned on your acceptance without modification of any of and all the terms, conditions and notices contained in these Terms, as may be posted on the Website and/or the media box from time to time.
  4. D.      TELFAZ LLC at its sole discretion reserves the right not to accept a User from registering on the Website and/or the media box without assigning any reason thereof.
  5. E.      Questions regarding these terms or the privacy policy should be directed via email to contactus -at- telfaz.tv.

 

  1. DESCRIPTION OF SERVICES
    1. A.      TELFAZ LLC is providing its Users the “Service(s)” that are currently inclusive of but not limited to, purchasing any product offered or marketed through the website, relating to such services as provided through the Telfaz TV Media Box (details follow), and any other services that are provided to the specific category of Users to whom the website or media box would cater to.
    2. B.      The Company would be then entitled to receive the payment for such rendering of Services.
    3. C.      The Telfaz TV Media Box (prior, and hereinafter, ‘the media box’) is a multimedia device which can connect to a television or computer monitor to give access to online videos, photos, e-mail, web browsing, social networking, as well as locally stored videos, photos, etc.
    4. D.      The right to use Telfaz TV Media Box is personal to User and the title and possession of the media box is transferable. However, subscription for the services offered on the media box is not transferable to any other person or entity. User is responsible for all use of User’s Account (under any screen name or password) and for ensuring that all use of User’s Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User’s password(s), if any, and removing any personal information before transferring or privately selling the device to another individual.
    5. E.      The User is responsible for careful reading all sections of the User Manual provided herewith in order to correctly follow the suggested guidelines for safe and reliable use.
    6. F.       The Company will update this section as convenient and deemed necessary.

 

VI. ACCEPTANCE OF THE TERMS

  1. A.    This is a standard Agreement as per general principles of Contract Law and the User’s acceptance binds the User, irrevocably without any exception, to all the Clauses of these Terms and in entirety of the Terms.
  2. B.     This Agreement, which incorporates by reference other provisions applicable to use of the Website and/or the media box, inclusive of but not limited to, supplemental terms and conditions set forth hereof governing the use of certain specific material contained in the website or the services, sets forth the terms and conditions that apply to use of TELFAZ TV by User. By using TELFAZ TV or the website (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof.
  3. C.    TELFAZ LLC shall have the right at any time to change or discontinue any aspect or feature of TELFAZ TV, including, but not limited to, content, hours of availability, and equipment needed for access or use.

 

  1. CHANGE IN TERMS
    1. A.      TELFAZ LLC shall have the right at any time to change, alter or modify the terms and conditions applicable to future registered User’s use of the website or the services, or any part thereof, or to impose new conditions, inclusive of but not limited up to, adding new services and/or charges for use.

 

  1. USER ACCOUNT, PASSWORD, AND SECURITY
    1. A.      If, and as it may, require that any of the Services on the Website and/or the media box must need you to open an account, you must complete the registration process of the same by providing the current, complete and accurate information as prompted and requested for by the applicable registration form or page.
    2. B.      You will also have to designate a password and user name. Upon completion of the registration process, you will receive the password and account designation, as put forth by you and as it shall be on availability.
    3. C.      You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account.
    4. D.      You agree to:
      1. 1.       Immediately notify TELFAZ LLC of any unauthorized use of your password or account or any other breach of security, and
      2. 2.       Ensure that you exit from your account at the end of each session.
    5. A.      TELFAZ LLC will also not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.
    6. B.      However, you could be held liable for losses incurred by TELFAZ LLC or another party due to someone else using your account or password.
    7. C.      TELFAZ LLC cannot be held and will not be liable for any loss or damage arising from your failure to comply with Clause VII. D. 2.
    8. D.      You may not use anyone else’s account at any time, without the permission of the account holder.

 

IX. MEMBERSHIP ELIGIBILITY

  1. A.      Use of the Website and/or the media box is available only to persons who can form legally binding contracts under the Universal Commercial Code. Persons who are “incompetent to contract” within the meaning of the general principles of contract law including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Website, or purchase any items on the website or media box. As a minor if you wish to purchase an item on the Website then such purchase or sale may be made by your legal guardian or parents who have registered as users of the Website. Telfaz TV reserves the right to terminate your membership and refuse to provide you with access to the Website and/or the media box if it is brought to its notice or if it is discovered that you are under the age of 18 years.
  2. B.      Guest User: If in case you are transacting as a Guest User (ie. an individual who has not logged in as a member), you shall not be allowed to purchase products or services on the website and there could be certain additional restrictions on you as a Guest User.

 

  1. EXTENT OF USE OF THE WEBSITE AND/OR THE MEDIA BOX IS LIMITED
    1. A.      You agree and undertake not to reverse engineer or to modify, decipher, decompile or disassemble the Website and/or the media box, or copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website and/or the media box.
    2. B.      Limited reproduction and copying of the content of the Website and/or the media box is permitted provided that TELFAZ LLC’s or its subsidiary’s name is stated as the source and prior written permission of TELFAZ LLC is sought.
    3. C.      Unlimited or extensive or wholesale reproduction or copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information with respect to the content of the Website and/or the media box is not permitted.


XI. RULES WITH RESPECT TO USER CONDUCT

  1. A.      You shall use TELFAZ TV website and the media box for all lawful purposes only.
  2. B.      You shall not store, post, or transmit through the website or the media box any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without TELFAZ LLC’s express prior approval, contains advertising or any solicitation with respect to products or services. TELFAZ LLC, as a policy and technicality, never views any of the information stored on its system.
  3. C.      The website and the services offered may contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the website and the media box are copyrighted as a collective work under the copyright laws of United States of America, and world conventions with respect to intellectual property, like the Agreement for Trade Related Aspects of Intellectual Property Rights (TRIPS), etc to name a few; and by virtue of United States of America being a Member State of the World Intellectual Property Organization (WIPO), is also subject to Berne Convention,  Hague Agreement,  Madrid Protocol, Paris Convention, Patent Cooperation Treaty, Washington Treaty, WIPO Convention and WIPO Copyright Treaty, being in force by instruments of accession or ratification..
  4. D.      Telfaz LLC owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download and use copyrighted material for your personal use only.
  5. E.      Except, and until, as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of TELFAZ LLC, and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made.
  6. F.       You also acknowledge that the same does not acquire any ownership rights by downloading copyrighted material.
  7. G.      You shall not upload, post or otherwise make available on TELFAZ TV or the media box any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you.
  8. H.      You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.
  9. I.        The abovementioned sections of Clause XI are for the benefit of TELFAZ LLC, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

 

  1. RULES WITH RESPECT TO USE OF SERVICES:

 

  1. A.      You agree and undertake to use the Website, the media box and the Service only to post and upload content and material that are proper. Merely by way of example, and not as a construed limitation, you agree and undertake that when using a Service, YOU WILL NOT:
    1. 1.      defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
    2. 2.      publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
    3. 3.      upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
    4. 4.      upload or distribute files that contain viruses, corrupted files, not introduce viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful or any other similar software or programs that may damage the operation of the Website and/or the media box or another’s computer;
    5. 5.      conduct or forward surveys, contests, pyramid schemes or chain letters;
    6. 6.      attack the Website and/or the media box via a denial-of-service attack or to distribute a denial-of service attack;
    7. 7.      download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
    8. 8.      falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
    9. 9.      violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
    10. 10.  violate any applicable laws or regulations for the time being in force in or outside USA; and
    11. 11.  violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website and/or the media box contained elsewhere herein.
    12. A.      You agree, undertake and confirm that your use of Telfaz TV shall be strictly governed by the following binding principles:

You shall not host, display, upload, modify, publish, transmit, update or share any information:

  1. 1.      belongs to another person and to which You do not have any right to;
  2. 2.      is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
  3. 3.      misleading in any way;
  4. 4.      is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
  5. 5.      harasses or advocates harassment of another person;
  6. 6.      involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”;
  7. 7.      promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
  8. 8.      infringes upon or violates any third party’s rights [(including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
  9. 9.      promotes an illegal or unauthorized copy of another person’s copyrighted work (see “Copyright complaint” below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
  10. 10.  contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
  11. 11.  provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
  12. 12.  provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
  13. 13.  contains video, photographs, or images of another person age 18 or older without his or her express written consent and permission or those of any minor (regardless of whether you have consent from the minor or his or her legal guardian);
  14. 14.  tries to gain unauthorized access or exceeds the scope of authorized access (as defined herein and in other applicable Codes of Conduct or End User Access and License Agreements) to the Sites or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Sites or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
  15. 15.  engages in commercial activities and/or sales without Telfaz TV’s prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” items related to the Sites. Throughout these Terms, Telfaz LLC “prior written consent” means a communication coming from Telfaz LLC’s Legal department, specifically in response to your request, and specifically addressing the activity or conduct for which you seek authorization;
  16. 16.  solicits gambling or engages in any gambling activity which Telfaz LLC, in its sole discretion, believes is or could be construed as being illegal;
  17. 17.  interferes with another user’s use and enjoyment of the Telfaz Website and/or the media box or any other individual’s user and enjoyment of similar services;
  18. 18.  refers to any website and/or the media box or URL that, in the sole discretion of Telfaz TV, contains material that is inappropriate for the Telfaz TV Website and/or the media box or any other Website and/or the media box, contains content that would be prohibited or violates the letter or spirit of these Terms of Use;
  19. 19.  harm minors in any way;
  20. 20.  infringes any patent, trademark, copyright or other proprietary rights or  third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
  21. 21.  violates any law for the time being in force;
  22. 22.  deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  23. 23.  impersonate another person;
  24. 24.  contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancel bots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
  25. 25.  threatens the unity, integrity, defence, security or sovereignty of USA, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
  26. 26.  shall not be false, inaccurate or misleading;
  27. 27.  shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
  28. 28.  shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
  29. B.      You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website and/or the media box or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website and/or the media box or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the website and/or the media box. Telfaz LLC reserves the right to bar any such activity.
  30. C.      You shall not attempt to gain unauthorized access to any portion or feature of Telfaz website and the media box, or any other systems or networks connected to Telfaz website and the media box or to any Telfaz LLC’s server, computer, network, or to any of the services offered on or through Telfaz website or the media box, by hacking, password “mining” or any other illegitimate means.
  31. D.      You shall not probe, scan or test the vulnerability of Telfaz website or the media box or any networks neither connected to them nor breach the security or authentication measures on website and the media box or any network connected to Telfaz TV Website and/or the media box. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Telfaz website or any other customer of Telfaz LLC, including any Telfaz TV account not owned by you, to its source, or exploit Telfaz website or the media box or any service or information made available or offered by or through Telfaz website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the website.
  32. E.      You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of Telfaz website or Telfaz’s systems or networks, or any systems or networks connected to Telfaz LLC or its services.
  33. F.       You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the website and/or the media box or any transaction being conducted on the website and/or the media box, or with any other person’s use of the website and/or the media box.
  34. G.      You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Telfaz TV on or through the internet or any service offered on or through the website and/or the media box. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
  35. H.      You may not use the website and/or the media box or any Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of Telfaz LLC or others.
  36. I.        Solely to enable Telfaz LLC to use the information you supply us with, so that we are not violating any rights you might have in your information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights you have in your information, in any media now known or not currently known, with respect to your information. Telfaz LLC will only use your information in accordance with the terms of use and Telfaz LLC’s Privacy Policy.
  37. J.       From time to time, you shall be responsible for providing information relating to the items or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other Users in any manner.
  38. K.      You shall not engage in advertising to, or solicitation of, other users of Telfaz TV to buy or sell any products or services, including, but not limited to, products or services related being displayed on Telfaz TV or related to Telfaz TV. You may not transmit any chain letters or unsolicited commercial or junk email to other users via Telfaz TV. It shall be a violation of these Terms to use any information obtained from Telfaz TV in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person outside of the Telfaz TV without Telfaz TV’s prior explicit consent. In order to protect our users from such advertising or solicitation, Telfaz TV reserves the right to restrict the number of messages or emails which a user may send to other users in any 24-hour period which Telfaz TV deems appropriate in its sole discretion. You understand that Telfaz TV has the right at all times to disclose any information (including the identity of the persons providing information or materials on the Telfaz TV Website and/or the media box) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
  39. L.      Telfaz TV reserves the right, but has no obligation, to monitor the materials posted on Telfaz TV website and/or the media box. Telfaz TV shall have the right to remove or edit any Content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right of Telfaz TV, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE TELFAZ TV PORTAL AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect the views of Telfaz TV. In no event shall Telfaz TV assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on Telfaz TV. You hereby represent and warrant that you have all necessary rights in and to all Content you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.
  40. M.     Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through Telfaz TV, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Telfaz TV shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on Telfaz TV.
  41. N.      It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on Telfaz TV and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of Telfaz TV, and that the recipient may use such information to harass or injure you. Telfaz TV does not approve of such unauthorized uses but by using the Telfaz website or the media box you acknowledge and agree that Telfaz LLC is not responsible for the use of any personal information that you publicly disclose or share with others on Telfaz TV. Please carefully select the type of information that you publicly disclose or share with others on Telfaz TV.
  42. O.      Telfaz TV shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of People, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
  43. USER WARRANTY AND REPRESENTATION
    1. A.      You irrevocably guarantee, warrant, and certify that you are the owner of the content which you submit or otherwise authorized to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others.
    2. B.      You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the Services rendered by TELFAZ TV.
    3. LIMITATION OF LIABILITY

NEITHER TELFAZ LLC NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES, INCLUDING BUT NOT LIMITED TO THE CONTENT, WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT TELFAZ LLC HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT TELFAZ LLC IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, TELFAZ LLC WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT DOWNLOADED OR OTHERWISE ACCESSIBLE FROM OR THROUGH THE SERVICES. YOU AGREE THAT THE AGGREGATE LIABILITY OF TELFAZ LLC TO YOU FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THE SERVICES IS LIMITED TO FIFTY DOLLARS ($50). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TELFAZ LLC AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS IS ALL SUBJECT TO AND WITH REGARD TO THE MAXIMUM PERMISSIBLE LIMITS OF THE APPLICABLE LAW.

 

  1. SECURITY
    1. A.      TELFAZ LLC has in place appropriate technical and security measures to prevent unauthorized or unlawful access to or accidental loss of or destruction or damage to your information.
    2. B.      When we collect data through the Site, we collect user’s personal details on a secure server. We use firewalls on our servers. Whilst we are unable to guarantee 100% security, this makes it hard for a hacker to decrypt user’s details.
    3. C.      Users are strongly recommended not to send full credit or debit card details in unencrypted electronic communications with us.
    4. D.      We maintain physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of user information.
    5. E.      Our security procedures mean that we may occasionally request proof of identity before we disclose personal information to user. Users are responsible for protecting against unauthorized access to user password and to user computer.

 

  1. PAYMENT & SECURITY WITH RESPECT TO PAYMENT
    1. A.      While availing any of the payment method/s offered by us, we are not responsible or take no liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to you out of the decline due to:
      1. 1.      lack of authorization for any transaction/s,
      2. 2.      or exceeding the preset limit mutually agreed by you and between your “Bank/s”,
      3. 3.      or any payment issues arising out of the transaction,
      4. 4.      or decline of transaction for any other reason/s.
    2. B.      All payments made against the purchases/services on TELFAZ TV by you shall be compulsorily in United States Dollars. TELFAZ TV does not accept any other form of currency with respect to the purchases.
    3. C.      All adequate and extensive measures shall be taken to ensure security of the User from maximum and majority kinds of online threats and loopholes, including financial in nature, such that the website from its side is completely dedicated to take measures and provide for the User needs, with respect to assured Security, as required.
    4. D.      Payment once made would not be refunded in any circumstances.

 

  1. LINKS TO THIRD PARTY VENDORS/WEBSITE
    1. A.      Maybe now or in future, the website and/or the media box may contain links to third party websites or content. These links are provided solely as a convenience to you and not as an endorsement by TELFAZ LLC of the contents on such third party websites.
    2. B.      TELFAZ LLC is not responsible for the content of linked third party sites and do not make any representations regarding the content or accuracy of materials on such third party websites. If you decide to access linked third party websites, you do so at your own risk.
    3. C.      You may enter into or seek to enter into transactions with third parties in relation to the Material via the website. TELFAZ LLC will not be a party to such transactions and will not be liable whether in contract, tort (including without limitation liability for negligence), or otherwise for any loss, or cost of damage incurred by you arising out of or in relation thereto.

 

  1. RULES REGARDING SOFTWARE AVAILABLE ON THIS WEBSITE AND/OR THE MEDIA BOX
    1. A.      Any software that is made available to use from the Services, especially, but not strictly, to Lawyers and Solicitors, is the copyrighted work of TELFAZ LLC and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software’s License Agreement. An End User will be unable to install (if needed to install) any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.
    2. B.      The Software is made available solely for use by end users according to the License Agreement. Any reproduction or redistribution, or attempt to reproduction or redistribution, of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
    3. C.      For your convenience, TELFAZ may make available as part of the services or in its software products, tools and utilities for use and/or download. TELFAZ LLC does not make any assurances with regard to the accuracy of the results or output that derives from such use of any such tools and utilities.
    4. D.      Kindly respect the intellectual property rights of others when using the tools and utilities made available on the services.

 

  1. RULES REGARDING DOCUMENTS AVAILABLE ON THIS WEBSITE AND/OR THE MEDIA BOX
    1. A.      TELFAZ LLC and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published as part of the services for any purpose. All such documents and related graphics are provided “as is” without warranty of any kind.
    2. B.      TELFAZ LLC and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement.
    3. C.      IN NO EVENT SHALL TELFAZ LLC AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.
    4. D.      THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TELFAZ LLC AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.

 

  1. NOTICES REGARDING AVAILABLE SOFTWARE, DOCUMENTS AND SERVICES
    1. A.      IN NO EVENT SHALL TELFAZ LLC AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.

 

  1. DISCLAIMER OF WARRANTY AND LIMITATION WITH RESPECT TO LIABILITY

 

  1. A.      YOU HEREBY EXPRESSLY AGREE THAT USE OF TELFAZ TV IS AT YOUR SOLE RISK. NEITHER TELFAZ LLC, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT TELFAZ TV WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF TELFAZ TV WEBSITE OR THE MEDIA BOX, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH TELFAZ TV.
  2. B.      TELFAZ TV WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
  3. C.      THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
  4. D.      YOU SPECIFICALLY ACKNOWLEDGE THAT TELFAZ LLC IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER YOUS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
  5. E.      IN NO EVENT WILL TELFAZ LLC, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING TELFAZ TV MEDIA BOX OR THE TELFAZ TV SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE TELFAZ TV. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
  6. F.       IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, TELFAZ TV, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN TELFAZ TV, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE ABOVEMENTIONED PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
  7. G.      FORCE MAJEURE OR ACT OF GOD – NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM ITS OCCURRENCE. THE PERFORMANCE OF THIS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.

 

  1. MONITORING
    1. A.      TELFAZ LLC shall have the right, but not the obligation, to monitor the content of TELFAZ website and media box, to determine compliance with this Agreement and any operating rules established by TELFAZ LLC and to satisfy any law, regulation or authorized government request.
    2. B.      Without limiting the foregoing, TELFAZ LLC shall have the right to remove any material that TELFAZ LLC, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

 

  1. MISCELLANEOUS
    1. A.      This Agreement and any operating rules for TELFAZ TV, website and the media box established by TELFAZ LLC constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.
    2. B.      No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
    3. C.      The section headings used herein are only for convenience and shall not hold any legal significance.
    4. D.      The interpretation of this Agreement and the understanding thereof shall be primarily construed with the original intent with which the framers had drafted it in safeguarding the rights of the proprietor and prime importance and precedence shall be given to the same, unless expressly provided otherwise by the law.
    5. E.      Telfaz LLC and you are independent contractors, and nothing in this Agreement is intended to or will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your Site or otherwise, that reasonably would contradict anything in this Agreement.
    6. F.       We, our affiliates, agents or employees, will not be liable for loss, including direct, indirect, incidental, special, punitive or consequential damages or loss of income, related to this Program, our site or links. Any liability related to this Agreement shall not exceed the total fees yet unpaid, at the time of any error, act or omission.
    7. G.      THE PROVISIONS OF THIS AGREEMENT IS SUBJECT TO MODIFICATIONA AT ANY POINT IN TIME WITYHOUT PRIOR NOTICE. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

 

  1. INDEMNIFICATION
    1. A.      You agree to indemnify and keep indemnified TELFAZ LLC and its partners from time to time being, its affiliates and their respective directors, officers, its employees and agents, from and against any claims, liabilities, damages, costs, actions or demands, including without limitation reasonable legal and accounting costs, alleging or resulting from your use or misuse of the Material or your breach of these Terms, except to the extent that such claims, liabilities, damages, costs, actions or demands are caused by TELFAZ LLC.

 

  1. COPYRIGHTS
    1. A.      All such intellectual property that appear on the website and/or the media box or are related to TELFAZ TV or that refer to TELFAZ TV or are associated with TELFAZ TV/LLC, that fall under the category of materials that are protected as copyrights, have been so protected and are registered copyrights of TELFAZ LLC.
    2. B.      Transferability of economic rights of copyrighted material is subject to the discretion of TELFAZ LLC, on notice thereby provided by TELFAZ LLC, in case, if any.
    3. C.      Moral and ethical rights with respect to the same shall however irrevocably and without right of waiver shall rest with TELFAZ LLC.
    4. D.      Copyrights relating to third-party content on Telfaz TV or logos, for example but not limited to, Google, Facebook, YouTube, etc, are owned by their respective parent companies, organizations or verticals. Telfaz LLC has no right, claim, duty or liability towards the same.

 

  1. CLAUSES OF THE DIGITAL MILLENIUM COPYRIGHT ACT THAT STAND AS CAVEAT AND AFFECTS LIABILITY OF TELFAZ TV

17 USC § 512

  1. A.      Transitory Digital Network Communications.— A service provider shall not be liable for monetary relief, or, except as provided in subsection (j), for injunctive or other equitable relief, for infringement of copyright by reason of the provider’s transmitting, routing, or providing connections for, material through a system or network controlled or operated by or for the service provider, or by reason of the intermediate and transient storage of that material in the course of such transmitting, routing, or providing connections, if—
    1. 1.       the transmission of the material was initiated by or at the direction of a person other than the service provider;
    2. 2.       the transmission, routing, provision of connections, or storage is carried out through an automatic technical process without selection of the material by the service provider;
    3. 3.       the service provider does not select the recipients of the material except as an automatic response to the request of another person;
    4. 4.       no copy of the material made by the service provider in the course of such intermediate or transient storage is maintained on the system or network in a manner ordinarily accessible to anyone other than anticipated recipients, and no such copy is maintained on the system or network in a manner ordinarily accessible to such anticipated recipients for a longer period than is reasonably necessary for the transmission, routing, or provision of connections; and
    5. 5.       the material is transmitted through the system or network without modification of its content.
    6. B.      System Caching.—
      1. 1.       Limitation on liability.— A service provider shall not be liable for monetary relief, or, except as provided in subsection (j), for injunctive or other equitable relief, for infringement of copyright by reason of the intermediate and temporary storage of material on a system or network controlled or operated by or for the service provider in a case in which
        1. a.       the material is made available online by a person other than the service provider;
        2. b.       the material is transmitted from the person described in subparagraph (A) through the system or network to a person other than the person described in subparagraph (A) at the direction of that other person; and
        3. c.        the storage is carried out through an automatic technical process for the purpose of making the material available to users of the system or network who, after the material is transmitted as described in subparagraph (B), request access to the material from the person described in subparagraph (A),
        4. d.       if the conditions set forth in paragraph (2) are met.
        5. 2.       Conditions.— The conditions referred to in paragraph (1) are that—
          1. a.       the material described in paragraph (1) is transmitted to the subsequent users described in paragraph (1)(C) without modification to its content from the manner in which the material was transmitted from the person described in paragraph (1)(A);
          2. b.       the service provider described in paragraph (1) complies with rules concerning the refreshing, reloading, or other updating of the material when specified by the person making the material available online in accordance with a generally accepted industry standard data communications protocol for the system or network through which that person makes the material available, except that this subparagraph applies only if those rules are not used by the person described in paragraph (1)(A) to prevent or unreasonably impair the intermediate storage to which this subsection applies;
          3. c.        the service provider does not interfere with the ability of technology associated with the material to return to the person described in paragraph (1)(A) the information that would have been available to that person if the material had been obtained by the subsequent users described in paragraph (1)(C) directly from that person, except that this subparagraph applies only if that technology—
            1. i.         does not significantly interfere with the performance of the provider’s system or network or with the intermediate storage of the material;
            2. ii.       is consistent with generally accepted industry standard communications protocols; and
            3. iii.     does not extract information from the provider’s system or network other than the information that would have been available to the person described in paragraph (1)(A) if the subsequent users had gained access to the material directly from that person;
            4. d.       if the person described in paragraph (1)(A) has in effect a condition that a person must meet prior to having access to the material, such as a condition based on payment of a fee or provision of a password or other information, the service provider permits access to the stored material in significant part only to users of its system or network that have met those conditions and only in accordance with those conditions; and
            5. e.        if the person described in paragraph (1)(A) makes that material available online without the authorization of the copyright owner of the material, the service provider responds expeditiously to remove, or disable access to, the material that is claimed to be infringing upon notification of claimed infringement as described in subsection (c)(3), except that this subparagraph applies only if—
              1. i.         the material has previously been removed from the originating site or access to it has been disabled, or a court has ordered that the material be removed from the originating site or that access to the material on the originating site be disabled; and
              2. ii.       the party giving the notification includes in the notification a statement confirming that the material has been removed from the originating site or access to it has been disabled or that a court has ordered that the material be removed from the originating site or that access to the material on the originating site be disabled.

 

  1. C.      Information Residing on Systems or Networks at Direction of Users.—
    1. 1.       In general. — A service provider shall not be liable for monetary relief, or, except as provided in subsection (j), for injunctive or other equitable relief, for infringement of copyright by reason of the storage at the direction of a user of material that resides on a system or network controlled or operated by or for the service provider, if the service provider—
      1. a.        
        1. i.         does not have actual knowledge that the material or an activity using the material on the system or network is infringing;
        2. ii.       in the absence of such actual knowledge, is not aware of facts or circumstances from which infringing activity is apparent; or
        3. iii.     upon obtaining such knowledge or awareness, acts expeditiously to remove, or disable access to, the material;
        4. b.       does not receive a financial benefit directly attributable to the infringing activity, in a case in which the service provider has the right and ability to control such activity; and
        5. c.        upon notification of claimed infringement as described in paragraph (3), responds expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity.
        6. 2.       Designated agent.— The limitations on liability established in this subsection apply to a service provider only if the service provider has designated an agent to receive notifications of claimed infringement described in paragraph (3), by making available through its service, including on its website and/or the media box in a location accessible to the public, and by providing to the Copyright Office, substantially the following information:
          1. a.       the name, address, phone number, and electronic mail address of the agent.
          2. b.       other contact information which the Register of Copyrights may deem appropriate.
          3. c.        The Register of Copyrights shall maintain a current directory of agents available to the public for inspection, including through the Internet, and may require payment of a fee by service providers to cover the costs of maintaining the directory.
          4. 3.       Elements of notification.—
            1. a.       To be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following:
              1. i.         A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
              2. ii.       Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
              3. iii.     Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
              4. iv.     Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
              5. v.       A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
              6. vi.     A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
              7. b.      
                1. i.         Subject to clause (ii), a notification from a copyright owner or from a person authorized to act on behalf of the copyright owner that fails to comply substantially with the provisions of subparagraph (A) shall not be considered under paragraph (1)(A) in determining whether a service provider has actual knowledge or is aware of facts or circumstances from which infringing activity is apparent.
                2. ii.       In a case in which the notification that is provided to the service provider’s designated agent fails to comply substantially with all the provisions of subparagraph (A) but substantially complies with clauses (ii), (iii), and (iv) of subparagraph (A), clause (i) of this subparagraph applies only if the service provider promptly attempts to contact the person making the notification or takes other reasonable steps to assist in the receipt of notification that substantially complies with all the provisions of subparagraph (A).

 

  1. D.      Information Location Tools.

A service provider shall not be liable for monetary relief, or, except as provided in subsection (j), for injunctive or other equitable relief, for infringement of copyright by reason of the provider referring or linking users to an online location containing infringing material or infringing activity, by using information location tools, including a directory, index, reference, pointer, or hypertext link, if the service provider—

  1. 1.       .
    1. a.       does not have actual knowledge that the material or activity is infringing;
    2. b.       in the absence of such actual knowledge, is not aware of facts or circumstances from which infringing activity is apparent; or
    3. c.        upon obtaining such knowledge or awareness, acts expeditiously to remove, or disable access to, the material;
    4. 2.       does not receive a financial benefit directly attributable to the infringing activity, in a case in which the service provider has the right and ability to control such activity; and
    5. 3.       upon notification of claimed infringement as described in subsection (c)(3), responds expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity, except that, for purposes of this paragraph, the information described in subsection (c)(3)(A)(iii) shall be identification of the reference or link, to material or activity claimed to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate that reference or link.

 

  1. E.      Misrepresentations

Any person who knowingly materially misrepresents under this section—

  1. 1.       that material or activity is infringing, or
  2. 2.       that material or activity was removed or disabled by mistake or misidentification,

shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.

  1. F.       Replacement of Removed or Disabled Material and Limitation on Other Liability.
    1. 1.       No liability for taking down generally.— Subject to paragraph (2), a service provider shall not be liable to any person for any claim based on the service provider’s good faith disabling of access to, or removal of, material or activity claimed to be infringing or based on facts or circumstances from which infringing activity is apparent, regardless of whether the material or activity is ultimately determined to be infringing.
    2. 2.       Exception.— Paragraph (1) shall not apply with respect to material residing at the direction of a subscriber of the service provider on a system or network controlled or operated by or for the service provider that is removed, or to which access is disabled by the service provider, pursuant to a notice provided under subsection (c)(1)(C), unless the service provider—
      1. a.       takes reasonable steps promptly to notify the subscriber that it has removed or disabled access to the material;
      2. b.       upon receipt of a counter notification described in paragraph (3), promptly provides the person who provided the notification under subsection (c)(1)(C) with a copy of the counter notification, and informs that person that it will replace the removed material or cease disabling access to it in 10 business days; and
      3. c.        replaces the removed material and ceases disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless its designated agent first receives notice from the person who submitted the notification under subsection (c)(1)(C) that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on the service provider’s system or network.
      4. 3.       Contents of counter notification.— To be effective under this subsection, a counter notification must be a written communication provided to the service provider’s designated agent that includes substantially the following:
        1. a.       A physical or electronic signature of the subscriber.
        2. b.       Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
        3. c.        A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
        4. d.       The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
        5. 4.       Limitation on other liability. – A service provider’s compliance with paragraph (2) shall not subject the service provider to liability for copyright infringement with respect to the material identified in the notice provided under subsection (c)(1)(C).

 

  1. G.      Subpoena to Identify Infringer
    1. 1.       Request.— A copyright owner or a person authorized to act on the owner’s behalf may request the clerk of any United States district court to issue a subpoena to a service provider for identification of an alleged infringer in accordance with this subsection.
    2. 2.       Contents of request.— The request may be made by filing with the clerk—
      1. a.       a copy of a notification described in subsection (c)(3)(A);
      2. b.       a proposed subpoena; and
      3. c.        a sworn declaration to the effect that the purpose for which the subpoena is sought is to obtain the identity of an alleged infringer and that such information will only be used for the purpose of protecting rights under this title.
      4. 3.       Contents of subpoena.— The subpoena shall authorize and order the service provider receiving the notification and the subpoena to expeditiously disclose to the copyright owner or person authorized by the copyright owner information sufficient to identify the alleged infringer of the material described in the notification to the extent such information is available to the service provider.
      5. 4.       Basis for granting subpoena.— If the notification filed satisfies the provisions of subsection (c)(3)(A), the proposed subpoena is in proper form, and the accompanying declaration is properly executed, the clerk shall expeditiously issue and sign the proposed subpoena and return it to the requester for delivery to the service provider.
      6. 5.       Actions of service provider receiving subpoena.— Upon receipt of the issued subpoena, either accompanying or subsequent to the receipt of a notification described in subsection (c)(3)(A), the service provider shall expeditiously disclose to the copyright owner or person authorized by the copyright owner the information required by the subpoena, notwithstanding any other provision of law and regardless of whether the service provider responds to the notification.
      7. 6.       Rules applicable to subpoena.— Unless otherwise provided by this section or by applicable rules of the court, the procedure for issuance and delivery of the subpoena, and the remedies for noncompliance with the subpoena, shall be governed to the greatest extent practicable by those provisions of the Federal Rules of Civil Procedure governing the issuance, service, and enforcement of a subpoena duces tecum.

 

  1. H.      Conditions for Eligibility.—

 

  1. 1.       Accommodation of technology.— The limitations on liability established by this section shall apply to a service provider only if the service provider—
    1. a.       has adopted and reasonably implemented, and informs subscribers and account holders of the service provider’s system or network of, a policy that provides for the termination in appropriate circumstances of subscribers and account holders of the service provider’s system or network who are repeat infringers; and
    2. b.       accommodates and does not interfere with standard technical measures.
    3. 2.       Definition.— As used in this subsection, the term “standard technical measures” means technical measures that are used by copyright owners to identify or protect copyrighted works and—
      1. a.       have been developed pursuant to a broad consensus of copyright owners and service providers in an open, fair, voluntary, multi-industry standards process;
      2. b.       are available to any person on reasonable and nondiscriminatory terms; and
      3. c.        do not impose substantial costs on service providers or substantial burdens on their systems or networks.
    4. I.        Injunctions.— The following rules shall apply in the case of any application for an injunction under section 502 against a service provider that is not subject to monetary remedies under this section:
      1. 1.       Scope of relief.—
        1. a.       With respect to conduct other than that which qualifies for the limitation on remedies set forth in subsection (a), the court may grant injunctive relief with respect to a service provider only in one or more of the following forms:
          1. i.         An order restraining the service provider from providing access to infringing material or activity residing at a particular online site on the provider’s system or network.
          2. ii.       An order restraining the service provider from providing access to a subscriber or account holder of the service provider’s system or network who is engaging in infringing activity and is identified in the order, by terminating the accounts of the subscriber or account holder that are specified in the order.
          3. iii.     Such other injunctive relief as the court may consider necessary to prevent or restrain infringement of copyrighted material specified in the order of the court at a particular online location, if such relief is the least burdensome to the service provider among the forms of relief comparably effective for that purpose.
          4. b.       If the service provider qualifies for the limitation on remedies described in subsection (a), the court may only grant injunctive relief in one or both of the following forms:
            1. i.         An order restraining the service provider from providing access to a subscriber or account holder of the service provider’s system or network who is using the provider’s service to engage in infringing activity and is identified in the order, by terminating the accounts of the subscriber or account holder that are specified in the order.
            2. ii.       An order restraining the service provider from providing access, by taking reasonable steps specified in the order to block access, to a specific, identified, online location outside the United States.
            3. 2.       Considerations.— The court, in considering the relevant criteria for injunctive relief under applicable law, shall consider—
              1. a.       whether such an injunction, either alone or in combination with other such injunctions issued against the same service provider under this subsection, would significantly burden either the provider or the operation of the provider’s system or network;
              2. b.       the magnitude of the harm likely to be suffered by the copyright owner in the digital network environment if steps are not taken to prevent or restrain the infringement;
              3. c.        whether implementation of such an injunction would be technically feasible and effective, and would not interfere with access to non-infringing material at other online locations; and
              4. d.       whether other less burdensome and comparably effective means of preventing or restraining access to the infringing material are available.
              5. 3.       Notice and ex parte orders.— Injunctive relief under this subsection shall be available only after notice to the service provider and an opportunity for the service provider to appear are provided, except for orders ensuring the preservation of evidence or other orders having no material adverse effect on the operation of the service provider’s communications network.

 

  1. J.       Definitions.—
    1. 1.       Service provider.—
      1. a.       As used in subsection (a), the term “service provider” means an entity offering the transmission, routing, or providing of connections for digital online communications, between or among points specified by a user, of material of the user’s choosing, without modification to the content of the material as sent or received.
      2. b.       As used in this section, other than subsection (a), the term “service provider” means a provider of online services or network access, or the operator of facilities therefor, and includes an entity described in subparagraph (A).
      3. 2.       Monetary relief.— As used in this section, the term “monetary relief” means damages, costs, attorneys’ fees, and any other form of monetary payment.

 

  1. K.      Other Defenses Not Affected.— The failure of a service provider’s conduct to qualify for limitation of liability under this section shall not bear adversely upon the consideration of a defense by the service provider that the service provider’s conduct is not infringing under this title or any other defense.

 

  1. L.      Protection of Privacy.— Nothing in this section shall be construed to condition the applicability of subsections (a) through (d) on—
    1. 1.       a service provider monitoring its service or affirmatively seeking facts indicating infringing activity, except to the extent consistent with a standard technical measure complying with the provisions of subsection (i); or
    2. 2.       a service provider gaining access to, removing, or disabling access to material in cases in which such conduct is prohibited by law.

 

  1. M.     Construction.— Subsections (a), (b), (c), and (d) describe separate and distinct functions for purposes of applying this section. Whether a service provider qualifies for the limitation on liability in any one of those subsections shall be based solely on the criteria in that subsection, and shall not affect a determination of whether that service provider qualifies for the limitations on liability under any other such subsection.

 

  1. ABOUT NOTICE IN ACCORDANCE WITH THE DMCA

If you believe that content available by means of the Website and/or the media box infringes one or more of your copyrights, please notify us by providing a written notice (“Infringement Notice”) containing the information described below to the designated agent listed below. If Telfaz LLC takes action in response to an Infringement Notice, it will make a good faith attempt to contact the party that made such content available by means of the most recent email address, if any, provided by such party to Telfaz LLC.

Your Infringement Notice may be forwarded to the party that made the content available or to relevant third parties.

Please be advised that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is infringing your copyrights. Thus, if you are not sure content located on or linked-to by the Website and/or the media box infringes your copyright, you should consider first contacting an attorney.

In order to file a valid notice, you must include the following:

  • A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
  • An identification of the copyright claimed to have been infringed;
  • A description of the nature and exact location of the content that you claim to infringe your copyright, in sufficient detail to permit Telfaz LLC to find and positively identify that content; for example we require a link to the specific content (not just the name of the content) that contains the allegedly infringing material and a description of which specific portion of the content – an image, a link, the text, etc – your complaint refers to;
  • Your name, address, telephone number and email address; and
  • A statement by you: (a) that you believe in good faith that the use of the content that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner’s agent; (b) that all of the information contained in your Infringement Notice is accurate, and (c) under penalty of perjury, that you are either the copyright owner or a person authorized to act on their behalf.

 

All notifications of claimed infringement with respect to the Telfaz TV website, service or media box should be sent to:

 

By Mail:

The Copyright Agent (Rafat Barghouti)

c/o Telfaz LLC

3576 Chamblee Tucker Road,

Suite #A, Atlanta, GA, 30341

Telephone: 1-888-863-6994

Fax: 1-888-863-6994

 

By Electronic Mail: copyright -at- telfaz.tv

 

Counter-Notification:

If an Infringement Notice is valid, we are required by law to respond to it by disabling access to the allegedly infringing content. Users then have the option to send us a written counter-notice (a Counter-Notice) stating why the content does not infringe copyrights and asking for access to be reinstated. Counter-Notices need to be sent to our designated agent set forth above and must include the following:

  • Your name, address, phone number and physical or electronic signature;
  • A statement that you consent to the jurisdiction of the U.S. Federal District Court for the judicial district in which you are located (or if you are outside the U.S., the U.S. Federal District Court for the Northern District of California), and that you will accept service of process from the person who originally provided us with the Infringement Notice (the “Copyright Holder”);
  • Identification of the allegedly infringing content and its location before removal or disabling of access; and
  • A statement under penalty of perjury that you believe in good faith that the content was removed by mistake or misidentification.

 

Repeat Infringer Policy:

Telfaz TV enforces a policy that provides for the termination in appropriate circumstances of accounts of users who are determined to be repeat infringers. A repeat infringer includes any user who has added content to the Telfaz TV website, service, or media box for which we receive three notices of infringement, as described above. Each user agrees that if his or her account is terminated pursuant to Telfaz TV’s DMCA policy, the user will not attempt to establish a new account under any name, real or assumed, and further agrees that if the user violates this restriction by opening a new account after being terminated, the user shall indemnify and hold Telfaz LLC harmless for any and all liability that we may incur therefor.

 

  1. TRADEMARKS
    1. A.      TELFAZ TV and its logos are trademarks of the Company. All rights are reserved. All other trademarks appearing on TELFAZ TV website and/or the media box and products are the property of their respective owners.
    2. B.      Understanding that trademarks fall under the category of industrial property with respect to intellectual property rights, and are governed by municipal laws and international norms therein, associated and administered by the treaties, bureaux and conventions of the WIPO, the names of actual companies and products mentioned herein may be the trademarks of their respective owners.
    3. C.      The example companies, organizations, products, domain names, email addresses, logos, people and events depicted herein are fictitious. No association with any real Company, organization, product, domain name, email address, logo, person, or event is intended or should be inferred.

 

  1. WARRANTIES

The TELFAZ TV website and TELFAZ TV software are provided “AS IS”. TELFAZ TV and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither TELFAZ TV nor its suppliers and licensors, makes any warranty that the Website, software, or the service will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website and/or the media box at your own discretion and risk.

Limited Warranty on Media Box:

TELFAZ LLC warrants to you that, for a period of 12 months from the date of the purchase by the original end-user purchaser (the “Warranty Period”), your Telfaz TV Media Box will be substantially free of hardware defects in materials and workmanship under normal use. Your exclusive remedy and Telfaz TV’s entire liability under this warranty will be for Telfaz TV at its sole option to repair or replace the Product or refund your purchase price less any rebates. This limited warranty extends only to the original end-user purchaser.  This warranty does not apply to accessories included with, or purchased independent from, the Media Box (for example remotes, cables, keyboards, etc).  The hardware warranty and technical support is handled only by your reseller or retailer. Please contact your reseller or the retailer where you purchased the device to make a warranty claim and obtain a RMA number (detailed below).  It is very important to purchase your Telfaz TV products from only authorized and certified TELFAZ TV resellers, and your warranty will be invalid if purchased from an unauthorized reseller.

 

Telfaz TV Warranty Policy & Procedures:

Only if your reseller has determined your Media Box has a significant hardware defect during your warranty period please follow the following process to remedy the problem with your device.

1) Get RMA Number:
If a defect arises during the Warranty Period, contact your reseller or retail outlet in order to obtain a Return Material Authorization (RMA) number.  RETURN REQUESTS CANNOT BE PROCESSED WITHOUT PROOF OF PURCHASE.

2) Return the device to Telfaz LLC:
If you are requested to return the Product, mark the RMA number (as provided to you by the reseller or retailer) clearly on the outside of the package and include a copy of your original proof of purchase. You are responsible for any costs associated with shipping the defective product to Telfaz LLC.

3) Terms and conditions to avail the warranty:

a)       If the new unit you purchased has a hardware fault and does not work on arrival (must be within 14 days of the date shown on your proof of purchase), Telfaz LLC will replace the device at no cost.b)      If there is a hardware or software fault within the warranty period of 12 months, Telfaz LLC will fix or replace the unit with the refurbished unit at no cost. You are responsible for shipping defective product to Telfaz LLC. Telfaz LLC only pays for shipping back to you.c)       If the hardware is found to be damaged in any way (warranty void, tampered with or anything broken), no warranty will be honoured. If you want the broken unit returned, you will pay for shipping from Telfaz LLC back to you and an inspection fee of $50.

d)      In case you send us a working product during the warranty period, which we find is free from any issues, Telfaz LLC will bill you $50 as an inspection fees. You are responsible for shipping the defective product to Telfaz LLC. Telfaz LLC pays for shipping from Telfaz LLC back to you only.

e)       Customers located outside of the United States of America and Canada are responsible for all shipping and handling charges (both ways).

f)       After 12 months , OR if you do not have your proof of purchase, no matter when you purchased the product, the warranty or repair service will not be free of cost. In that case, you are required to pay for shipping the defective product to Telfaz LLC and also pay for shipping from Telfaz LLC back to you along with the service charges.

 

Limitation on Warranty:

1. THIS WARRANTY DOES NOT APPLY TO CERTAIN CONDITIONS SUCH AS:

  • Any damage caused by use with non-tested or non-approved TELFAZ TV branded products;
  • Any damage caused by accident, misuse, being subjected to abnormal physical or electrical stress, or other external causes by any individual;
  • Any damage caused by operating the product outside the permitted or intended uses described by TELFAZ TV;
  • If the product has not been installed, operated, repaired, or maintained in accordance with instructions accorded by TELFAZ TV;
  • If the product has been modified, except by TELFAZ TV or a designated agent;
  • Any damage caused by consumable parts, such as batteries; cosmetic and any flammable material.
  • Any cosmetic damage, including but not limited to scratches, dents and broken plastic on ports, that does not otherwise affect the product’s functionality or materially impair your use;
  • If the TELFAZ TV serial number and/or MAC address has been removed or defaced; or
  • If the “Warranty Void If Seal Is Broken” sticker has been removed, broken, or altered.

 

TERMINATION AND “NO-REFUND” POLICY

  1. A.      TELFAZ LLC may suspend or terminate your use of the website and/or the media box or any Service if it believes, in its sole and absolute discretion that you have breached any of the Terms.
  2. B.      If you or TELFAZ LLC terminate(s) your use of the Website and/or the media box or any Service, TELFAZ LLC may delete any content or other materials relating to your use of the Service and TELFAZ LLC will have no liability to you or any third party for doing so.
  3. C.      Owing to any such termination from the side of the User or by TELFAZ LLC of any User or User content, the User shall not be eligible to any refund, or reimbursement, or compensation, or settlement, or damages, from the side of TELFAZ TV or any of its partners; and TELFAZ TV absolutely cannot be held liable or in any obligatory position to refund, reimburse, compensate, offer settlement or damages to the User.

 

  1. GOVERNING LAW
    1. A.      These Terms have been constructed in accordance and consonance with the existing laws of the United States of America; and this Agreement shall be construed in accordance with the laws of the United States of America without any adherence to any conflict of law principles.
    2. B.      The Agreement shall be governed by the laws of the United States of America existing therein at any point in time, without any reference to general or extraordinary principles and disputes relating to Conflict of Laws or Private International Law, arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at United States of America in the state of Georgia.
    3. C.      All appeals shall be with respect to, and shall undergo, the specific legal/judicial system of USA with the hold of jurisdiction and maintainability of the suit therein with respect to location of the Company.
    4. D.      However, the aforementioned legal provisions of Clause XXIX are subject to alteration at any point in time, without any prior notice, and the intent and interests of the Company shall have precedence and holding over any dispute that may arise.

 

  1. SEVERABILITY
    1. A.      If any provision of the Terms is determined to be not qualified or invalid or unenforceable in whole or in part, such disqualification or invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision, and all other provisions of these Terms shall continue to be in full force and effect.

 

ANY PARTICULAR RIGHT(S) WHICH IS/ARE NOT EXPRESSLY GRANTED HEREIN IS/ARE RESERVED BY TELFAZ LLC AND IS NOT WAIVED IN ANY SITUATION WHATESOEVER.
 

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