O zi la Academia Hagi!
FC Viitorul - Liga 1
O zi la Academia Hagi!
FC Viitorul - Liga 1
General Terms & Conditions
Issued by BlueApp Multimedia as the owner of ("BlueApp TV platform"), web site - http://academiahagi.tv, http://blueapp.net, http://www.blueapptv.com, http://www.blueappmobile.com and any other web site(s), network(s) or service(s) owned and / or operated by BlueApp Multimedia. Any and all service(s) provided on or through the above stated web sites or any other web site(s) owned and / or operated by BlueApp Ltd. shall be collectively referred to as the "BlueApp TV Service".
YOU ARE ADVISED TO CAREFULLY READ THE FOLLOWING AGREEMENT. BY ACCESSING, BROWSING, AND / OR OTHERWISE USING THE BLUEAPP TV SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS, INCLUDING THE GUIDELINES (AS DEFINED HEREIN), AND ANY FUTURE MODIFICATIONS (COLLECTIVELY, THE "TERMS"). IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE REQUESTED NOT TO USE THE BLUEAPP TV SERVICE.
1.Eligibility; Registration Information and Password; BlueApp TV Service Access.
1.1 THE BLUEAPP TV SERVICE IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF 18 OR TO ANY USERS SUSPENDED OR REMOVED FROM THE BLUEAPP TV SERVICE PROVIDER. BY USING THE BLUEAPP TV SERVICE, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE BLUEAPP TV SERVICE.
1.2 If you are using or opening an account on the BlueApp TV Service on behalf of a company, entity, or organization (collectively "Subscribing Organization"), then you represent and warrant that you are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms; and agree to be bound by these Terms on behalf of such Subscribing Organization.
1.3 You agree that the information you provide to BlueApp TV Service provider on registration and at all other times is true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up–to–date at all times. When you register, you will be asked to select a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
1.4 Subject to your compliance with all the terms and conditions contained herein, BlueApp Media grants you permission to use the BlueApp TV Service set forth hereunder.
3. Prohibited Conduct – BY USING THE BLUEAPP TV SERVICE YOU AGREE NOT TO:
3.1 Upload copyrighted material not your own or for which you don't have the legal right to distribute, display and otherwise make available to others including, but not limited to, TV shows, movies, or music videos;
3.2 Harass, threaten, or defraud other BlueApp TV Users;
3.3 Upload or send to other BlueApp TV Users pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content;
3.4 Make unsolicited offers, advertisements, proposals, or send junk mail to other Users;
3.5 Impersonate another person or access another User's account without that person's permission;
3.6 Share BlueApp TV–issued passwords with any third party or encourage any other User to do so;
3.7 Misrepresent the source, identity, or content of information transmitted via the BlueApp TV Service; and
3.8 Use the BlueApp TV Service for any illegal purpose.
4. Individual Features and Services. When using the BlueApp TV Service, you may be subject to any additional posted guidelines or rules applicable to those specific services and features, which may be posted from time to time (the "Guidelines"). All such Guidelines are hereby incorporated by reference into the Terms.
5. Modification of the Terms; Fees; Modification of Fees.
5.1 BlueApp TV service provider reserves the right, at its sole discretion, to change, modify, add, or remove portions of the Terms contained herein at any time. Please check these Terms and any Guidelines periodically to keep abreast of the changes. Your continued use of the BlueApp TV Service after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms, the amended terms will automatically be effective 15 days after they are initially posted by the BlueApp TV Service.
5.2 Certain products and services on the BlueApp TV Service have fees associated with them. Please see the terms associated with such products or services for more information. Payment of the applicable fees shall be governed by the following terms:
(i) The fees shall be payable on monthly or event basis;
(ii) The monthly fees become due on the expiry of the 30th day from the date BlueApp TV received the fees for the previous month;
(iii) The fees can be paid online, or over the phone or via bank transfer. However, the easiest and most convenient mode of payment is via standing order using the online payment gateway profile generated during the initial payment;
(iv) In the event the receipt of fees is skipped or cancelled by the online payment gateway or, for any reason, not received by BlueApp TV provider when due, BlueApp TV provider reserves the right to request all such outstanding fees or charges without taking into consideration the status of your account, whether active, suspended, terminated, or closed.
(v) All payments received by BlueApp TV provider shall be non-refundable.;(this is not applicable for payments made via CCBills checkout.)
(vi) In the event, you have not paid the monthly fee, your account gets terminated. You can re-activate your account by paying the monthly fee any time before the expiry of ninety (90) days from the date of such termination. In the event, the account is not re-activated before the expiry of such ninety (90) days, all content associated with such account shall be removed and the account shall be made inaccessible to the user;
5.3 BlueApp TV provider reserves the right, in its sole discretion, to modify the existing payment plans at any time.
6. Prohibited Uses.
6.1 Access to the BlueApp TV provider Service from territories where its content is illegal shall be prohibited. The BlueApp TV provider Service is designed for customers in the United Kingdom, EU and the United States. Those who choose to access the BlueApp TV provider Service from other locations do so at their own initiative and are responsible for compliance with all local rules including, without limitation, rules about the internet, data, email, or privacy.
6.2 The use of BlueApp TV provider Service for any purpose that is considered unlawful or illegal according to the applicable law is prohibited. You may not use the BlueApp TV provider Service in any manner that, in our sole discretion, could damage, disable, overburden, or impair it or interfere with any other party's use and enjoyment of the BlueApp TV provider Service. You may not attempt to gain unauthorized access to the BlueApp TV provider Service or any of its parts, other accounts, computer systems or networks connected to the BlueApp TV provider Service, through hacking, password mining or any other means, or interfere or attempt to interfere with the proper working of the BlueApp TV provider Service or any activities conducted on the BlueApp TV provider Service. You may not obtain or attempt to obtain any materials or information, through any means, not intentionally made available through the BlueApp TV provider Service. You agree neither to modify the BlueApp TV provider Service in any manner or form, nor to use modified versions of the BlueApp TV provider Service, including (without limitation) for the purpose of obtaining unauthorized access to the BlueApp TV provider Service.
6.3 The BlueApp TV provider Service may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, or other automated means to access the BlueApp TV provider Service for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the BlueApp TV provider Service. 6A. Pay-Per-View. BlueApp TV provider offers special feature of Pay-Per-View, wherein you can sell your videos online using the platform provided by this web site (http://www.blueapptv.com). For this purpose, the following special terms and conditions shall operate:
(i) All the provisions, clauses, and sub-clause contained hereunder shall apply and govern the pay-per-view videos as well;
(ii) The pay-per-view feature enables the BlueApp TV provider account holders to sell their videos using PayPal online payment gateway system;
(iii) You shall be solely responsible and liable to decide and fix the price for pay-per-view video streams in multiple currencies as facilitated by the Control Panel;
(iv) You shall be solely responsible and liable for payment of any facilitating, administrative, or processing fees or charges, as applicable under the PayPal policy rules and guidelines;
(v) BlueApp TV provider disclaims any liability on account of skipping of, or downloading failure of, or cancellation of, or reversal of, or unexpected technical fault or malfunction in, the pay-per-view videos;
(vi) BlueApp TV provider disclaims any liability on account of any dispute, for any reason whatsoever, among the buyer(s) and seller(s) of the pay-per-view videos;
(vii) BlueApp TV provider disclaims any liability on account of the pay-per-view video(s) violating any, some or all the provisions, clauses, or sub-clauses contained hereunder including, but not limited to, violation of intellectual property rights of third parties, sexually explicit content, promoting or displaying violence, hatred, obscenity, child pornography, defamation, etc.;
(viii) BlueApp TV provider disclaims any liability on account of wrong pricing of videos, advertently or inadvertently, by the seller of the pay-per-view videos;
(ix) BlueApp TV provider disclaims any liability on account of unauthorised downloading of pay-per-view videos by any member of the general public. Though BlueApp TV provider exercises due diligence and employs industry standard data-protection measures, yet foolproof security mechanism cannot and is not guaranteed;
(x) BlueApp TV provider disclaims any liability on account of distribution of pay-per-view videos by anyone on social networking media, or torrent web sites, or in any online or offline media, whether such videos were procured legally or illegally.
7. Feedback. If you provide BlueApp TV provider with any comments, bug reports, feedback, or modifications proposed or suggested by you to the BlueApp TV provider Service ("Feedback"), BlueApp TV provider shall have the right to use such Feedback at its discretion, including, but not limited to, the incorporation of such suggested changes into the BlueApp TV provider Service and the right to assign, license or otherwise use the BlueApp TV provider Service. You hereby grant BlueApp TV provider a perpetual, irrevocable, non-exclusive license under all rights necessary to incorporate and use your Feedback for any purpose.
8.1 By BlueApp TV provider. BlueApp TV provider reserves the right, in its sole discretion, at any time, with or without notice to anyone, to:
(i) remove and discard all or any part of your account or any content uploaded by you;
(ii) terminate any account (or any part thereof) you may have with BlueApp TV provider;
(iii) terminate the use of the BlueApp TV provider Service;
(iv) discontinue providing access to the BlueApp TV provider Service, or any part thereof;
(v) discontinue and remove all such user accounts that have not been used or are deactivated on account of either non-payment of applicable fees or cancellation for an uninterrupted period of 90 calendar days;
(vi) terminate access to the BlueApp TV provider Service and remove all content submitted by any persons who are found to be infringing copyright or other intellectual property rights of any other person;
(vii) terminate your use of the BlueApp TV provider Service on the grounds of any suspected fraudulent, abusive, or illegal activity; and to refer about such activity to appropriate law enforcement authorities. Notwithstanding anything to the contrary contained herein above, it shall be the endeavour of BlueApp TV provider not to exercise the discretion mentioned herein above except under compelling circumstances of the obvious breach of the Terms contained hereunder. You agree that BlueApp TV provider will not be liable to you or any third–party for any such termination. These remedies are in addition to any other remedies BlueApp TV provider may have at law or in equity.
8.2 By you. You may terminate your account, this Agreement and your right to use the BlueApp TV provider Service at any time and for any reason, by logging to your BlueApp TV Control Panel and following the cancellation procedure.
8.3 Fees. Upon any such termination of your account, you will remain obligated to pay all outstanding fees and charges relating to your use of the BlueApp TV provider Service before termination, including any outstanding subscription fees.
9. Ownership; Proprietary Rights. The BlueApp TV provider Service is owned and operated by BlueApp Limited. The visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of the BlueApp TV provider Service provided by BlueApp TV provider ("Materials") are protected by international copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any content uploaded by you, all Materials contained on the BlueApp TV provider Service are the copyrighted property of BlueApp TV provider or its subsidiaries or affiliated companies and/or third–party licensors. All trademarks, service marks, and trade names are proprietary to BlueApp TV provider or its affiliates and/or third–party licensors. Except as expressly authorized by BlueApp TV provider, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
10. Third–Party Sites, Products and Services; Links.
10.1 The BlueApp TV provider Service may include links to other web sites or services solely as a convenience to Users ("Linked Sites"). BlueApp TV provider does not endorse any such Linked Sites or the information, material, products or services contained on other linked sites or accessible through other Linked Sites. Furthermore, BlueApp TV provider makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.
10.2 Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the BlueApp TV provider Service are solely between you and such advertiser. YOU AGREE THAT BLUEAPP TV PROVIDER WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS A RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE BLUEAPP TV PROVIDER SERVICE.
11. Notice. Except as explicitly stated otherwise, legal notices will be served on BlueApp TV provider's national registered agent or to the email address you provide to BlueApp TV provider during the registration process. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice will be deemed given three (3) days after the date of mailing.
12. User Disagreements. You understand that only you shall be responsible for your involvement with other Users. BlueApp TV provider reserves the right, but has no obligation, to monitor disagreements between you and other Users. If you have a dispute with one or more Users, you irrevocably and permanently release BlueApp TV provider (and BlueApp TV provider's officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Note: IF YOU ARE A CALIFORNIA (USA) RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH I KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
13. Disclaimers; No Warranties.
13.1 THE BLUEAPP TV PROVIDER SERVICE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE BLUEAPP TV PROVIDER SERVICE ARE PROVIDED ON "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE BY THE APPLICABLE LAW. BLUEAPP TV PROVIDER, ITS SUPPLIERS AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON–INFRINGEMENT OF PROPRIETARY RIGHTS.
13.2 BLUEAPP TV PROVIDER, ITS SUPPLIERS AND PARTNERS DO NOT WARRANT THAT THE BLUEAPP TV PROVIDER SERVICE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE BLUEAPP TV PROVIDER SERVICE WILL BE UNINTERRUPTED OR ERROR–FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE BLUEAPP TV PROVIDER SERVICE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE BLUEAPP TV PROVIDER SERVICE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
13.3 BLUEAPP TV PROVIDER, ITS SUPPLIERS AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE BLUEAPP TV PROVIDER SERVICE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE BLUEAPP TV PROVIDER SERVICE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION. BLUEAPP TV PROVIDER STRIVES TO PROVIDE BLUEAPP TV PROVIDER SERVICE FREE OF ANY DEFECTS AND / OR MALWARE. HOWEVER, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE BLUEAPP TV PROVIDER SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
14. Indemnification; Hold Harmless. You agree to indemnify and hold BlueApp TV provider, its affiliated companies, and its suppliers and partners harmless from any claims, losses, damages, liabilities, including attorney's fees, arising out of your use or misuse of the BlueApp TV provider Service, violation of these Terms, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants. BlueApp TV provider reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
15. Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of these Terms will in no manner affect such party's right at a later time to enforce the same.
16. Limitation of Liability and Damages.
16.1 UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL BLUEAPP TV PROVIDER OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD–PARTY PARTNERS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OR RELATED TO THE BLUEAPP TV PROVIDER SERVICE, INCLUDING THOSE THAT RESULT FROM THE USE OR THE INABILITY TO USE THE MATERIALS ON THE BLUEAPP TV PROVIDER SERVICE, OR ANY OTHER INTERACTIONS WITH BLUEAPP TV PROVIDER, EVEN IF BLUEAPP TV PROVIDER OR A BLUEAPP TV PROVIDER AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, BLUEAPP TV PROVIDER'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
16.2 IN NO EVENT SHALL BLUEAPP TV PROVIDER OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD–PARTY PARTNERS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE BLUEAPP TV PROVIDER SERVICE (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) . NOTWITHSANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BLUEAPP TV PROVIDER'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE BLUEAPP TV PROVIDER SERVICE DURING THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM OR ONE HUNDRED GB POUNDS, WHICHEVER IS GREATER.
16.3 THESE LIMITATIONS WILL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER THAN BLUEAPP TV PROVIDER AND RECEIVED THROUGH OR ADVERTISED ON THE BLUEAPP TV PROVIDER SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE BLUEAPP TV PROVIDER SERVICE.
17.1 Governing Law. This Agreement will be governed by and construed in accordance with the laws of the Romania, without giving effect to any principles of conflicts of law.
17.2 Jurisdiction. You agree that any action at law or in equity arising out of or relating to these Terms or BlueApp TV provider will be filed only in Romanian courts, and you hereby give consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
17.3 Severability. If any provision of these Terms is declared by a competent court of law to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions.
17.4 Assignment. The Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by BlueApp TV provider without restriction.
17.5 Survival. Sections 3, 5, 6, 7, 8, 9, and 11 through 18 will survive any termination of these Terms.
17.6 Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
17.7 Entire Agreement. This is the entire agreement between you and BlueApp TV provider relating to the subject matter contained herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or Guidelines made by BlueApp TV provider as set forth in Section 5 above.
17.8 Claims. YOU AND BLUEAPP TV SERVICE PROVIDER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE BLUEAPP TV SERVICE PROVIDER MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Service Level Agreement
This BlueApp TV provider (hereinafter, referred to as "BlueApp TV") Service Level Agreement (hereinafter, referred to as "SLA") is entered into by and between BlueApp TV and it's Customer (hereinafter, referred to as "Customer").
1.1 This SLA provides Customer with certain rights and remedies regarding SVP's services and content delivery network performance.
1.2 This SLA operates strictly between the parties hereto regarding the services that are directly provided by BlueApp TV.
2.1 "Base Fee" consists solely of the base monthly fee paid by Customer for the BlueApp TV service and excludes all other fees that might be paid by Customer including, by way of example and not limitation, setup fees, charges for additional services, incremental bandwidth usage, professional services, and any other type of optional additional services.
2.2 "Cache Server" means BlueApp TV-owned and -operated server for delivering Customer Content located on the BlueApp TV global content delivery network at SVP Points of Presence ("POPs").
2.3 "Content" means objects which are delivered from a BlueApp TV Cache Server.
2.4 "Origin Server" means either BlueApp TV's or Customer's Internet web server where Customer Content is stored for retrieval by the Cache Servers.
2.5 "Service Outage" means an instance whereby a service covered by the 100% Uptime Guarantee is completely unavailable for more than sixty (60) consecutive minutes.
2.6 "Terms and Conditions" means the standard Terms and Conditions displayed by BlueApp TV provider within this agreement.
3. 100% Uptime Guarantee
3.1 BlueApp TV provides 100% uptime guarantee on Customer Content that is stored and delivered on the content delivery network, or is stored on Customer equipment and delivered on the BlueApp TV network.
3.2 Notwithstanding anything to the contrary contained hereunder or in any other agreement or communication between the parties, at any time, this guarantee shall be exclusively limited to the following items:
(i)uptime of the BlueApp TV network (i.e. the ability of Customer's Internet Protocol ("IP") traffic to transfer to and from the Internet across BlueApp TV's network infrastructure), and
(ii)Customer Content uptime and availability.
3.3 Subject to the clauses and Exceptions contained hereunder, any Service Outage shall be reimbursed with free credit equal to six (6) times the period during which the services provided by BlueApp TV were not available.
4. Stream Quality Guarantee
4.1 BlueApp TV stream quality is measured based on the access time needed to initiate streaming of video content using BlueApp TV's players and for streams that originate from the BlueApp TV service. BlueApp TV makes best efforts to maintain a consistent stream quality.
4.2 BlueApp TV shall issue service level credits to a Customer in the event the service becomes unavailable for more than one (1) hour.
4.3 Subject to the clauses and Exceptions contained hereunder, any Service Outage shall be reimbursed with free credit equal to six (6) times the period during which the services provided by BlueApp TV were not available.
5.1 Notwithstanding anything to the contrary contained hereunder, Customer shall not receive any credits under this SLA in connection with any BlueApp TV Service Outage caused by or associated with:
(i)Circumstances beyond BlueApp TV's reasonable control including, but not limited to, acts of any governmental body, war, invasion, insurrection, acts of foreign combatants, terrorist acts, military or other usurped political power or confiscation, sabotage, embargo, fire, flood, earthquake, storm, hurricane, any other natural disaster, strike or other labour disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used on or equipment needed for provision of this SLA; or
(ii)Domain Name System ("DNS") issues outside the direct and reasonable control of BlueApp TV; or
(iii)Scheduled maintenance, emergency maintenance, and upgrades of SVP infrastructure; or
(iv)Failure or unavailability of hardware that is provided or controlled by Customer including, but not limited to, the Customer Origin server(s); or
(v)Failure or unavailability of software applications or code that are provided to the provider by Customer, or the interactions of these items; or
(vi)Customer's acts or omissions (or acts and / or omission of others engaged or authorized by Customer), including without limitation, any negligence, wilful misconduct, or use of the BlueApp TV services in breach of the BlueApp TV's Terms and Conditions; or
(vii)False SLA breaches reported as a result of outages or errors of any BlueApp TV measurement system; or
(viii)Stream buffering occurring due to, or associated with, conditions outside of BlueApp TV's network or BlueApp TV's immediate control; or
(ix)Failure of a service that is not covered or guaranteed by this SLA including, but not limited to, the BlueApp TV reporting procedures.
5.2 Compensation in the form of credit will only be provided to Customers who have paid in full for services covering the time period within which the credit has been requested.
6. Credit Requests and Payment Procedures
6.1 In order to receive a credit under this SLA, Customer must make a request by written submission via email to email@example.com
6.2 All requests must include the Customer contact name, email address, phone number, company name, the date(s) of the Service Outage, and a description of the reasons for the credit request.
6.3 Each request in connection with a breach of this SLA in a particular calendar month must be received by BlueApp TV within three (3) days after the Service Outage in question has occurred. Credit requests that are related to an SLA breach of BlueApp TV Stream Quality Guarantee must be submitted within three (3) days after the breach has occurred.
6.4 Each valid credit will be applied to the Customer BlueApp TV account within two billing cycles after SVP's initial receipt of Customer's request.
6.5 Credits are exclusive of any taxes charged to Customer or collected by BlueApp TV.
7.1 Notwithstanding anything to the contrary contained hereunder, the total amount credited to a Customer on account of operation of this SLA in any calendar month shall not exceed the Base Fee paid by the Customer for such month.
7.2 All credits are calculated on the basis of a thirty(30)-day month.
7.3 To be eligible for a credit, Customer must follow BlueApp TV's published instructions for use of the BlueApp TV service. Improper use of BlueApp TV's service will result in ineligibility for a service credit.
7.4 Service credits shall not be available for Customers that are in breach of the BlueApp TV Terms and Conditions including, but not limited to, breach for non-payment.
7.5 Notwithstanding any provision contained hereunder or in Terms and Conditions, this SLA sets for Customer's sole and exclusive remedy for Service Outage or other service related issue for a BlueApp TV service provided to Customer by BlueApp TV.
7.6 In case the Customer has further queries regarding this SLA, he or she can write in to BlueApp TV service provider:
THE PARTIES HERETO, HEREBY, WAIVE ANY AND ALL WARRANTIES IMPLIED BY LAW INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
All notices, requests, demands and other communications hereunder shall be in writing, including email, and shall be deemed to have been duly given and effective upon receipt. All the notices to BlueApp TV shall be received on the following address:
10. Entire Agreement
This Agreement constitutes entire agreement among the parties hereto with respect to the subject matter hereof. It shall not be modified, except by a written agreement signed by the respective parties hereto.
If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect.