aCAN TV General Terms and Conditions
I. Terms and Conditions
ACAN TV, INC grants you a license to view and use the particular channel(s) and/or package of channels to which you have subscribed (collectively, the "Content"). Payment for particular channel(s) and/or channel bundles subscriptions is made on a per channel/package on a subscription term basis. You will automatically be charged the regularly recurring subscriber fee until you cancel your subscription (which you may do at any time) or until your subscription is cancelled by ACAN TV, INC . If you purchase a subscription to access a particular channel/channel bundles and cancel at any time during that subscription active period, ACAN TV, INC will not refund any of your subscription charges for that particular subscription term. While you may cancel your subscription(s) at any time, ACAN TV, INC will not provide any refund to users for reasons not related in any way to their ability to receive a satisfactory video stream from ACAN TV, INC .
The Site Content and Site Code are owned by ACAN TV, INC and/or its licensors and content providers and are protected by applicable domestic and international copyright laws. Unless expressly permitted elsewhere in the Site by ACAN TV, INC , you shall not record, copy, distribute, publish, perform, modify, download, transmit, transfer, sell, license, reproduce, create derivative works from or based upon, distribute, post, publicly display, frame, link, or in any other way exploit any of the Site Content or Code, in whole or in part. Any rights not expressly granted to you are reserved. Any violation of copyright laws may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Trademark. "ACAN TV, INC " is a trademark and service marks belonging to ACAN TV, INC . Any product, service, or trade name other than those owned by ACAN TV, INC that identify a third party as the source thereof may, even if not so indicated, be the service mark or trademark of that respective entity or individual. Any unauthorized use of the ACAN TV, INC Mark is strictly prohibited.
III. USE OF THE SITE, GENERAL TERMS
3.2.Fee-Based Service Charges.
The Content on the Site is available on a subscription term fee basis (i.e., you must pay a monthly fee to access these channel(s)/package). These services are sometimes referred to herein as the "Fee-Based Services" or "Subscription Fee Services". Payment of a monthly subscription fee entitles you to watch the applicable channel(s)/package during the applicable month. And so on and so forth for any other subscription term (3, 6 or 12 months).
You agree to pay, using a valid credit card which ACAN TV, INC accepts, the subscription and/or download charges set forth on the Site, applicable taxes, and other charges incurred on your account in order to access these services. ACAN TV, INC reserves the right to increase fees, surcharges, and site subscription fees, or to institute new fees at any time, upon reasonable notice posted in advance on this Site. ACAN TV, INC will automatically charge your account for renewal of your subscription. The renewal charge will be the same as the prior term charge, unless otherwise notified in advance. In the event ACAN TV, INC cannot charge your account, we reserve the right to terminate your access to the Fee-Based Services.
3.3. In addition to the charges set forth above, you are responsible for all charges associated with connecting to the Site, including without limitation all telephone access lines (including long-distance charges, when applicable), telephone and computer equipment and any service fees necessary to access the Fee-Based Services.
3.4. VAT stands for value added tax, which is charged on services sold by ACAN TV, INC within the European Union (EU). In accordance with the laws governing members of the European Union, ACAN TV, INC is obliged to charge VAT on all orders delivered to destinations in member countries of the EU. In general, VAT is charged in accordance with the local legislation in each member state.
3.5.Non-Commercial/Personal Use Limitation.
ACAN TV, INC grants you this license for the limited purpose of personal use only, and not for any commercial purpose. No business entity (e.g., corporation, partnership, sole proprietorship) is licensed to use this Site, without prior written permission. You hereby agree not to use the Site, the materials, or any element or portion thereof (including, without limitation, e-mail addresses of users), for any commercial purpose whatsoever. For enterprise use, please contact our customer support team at: firstname.lastname@example.org
3.6.Nature of Services.
ACAN TV, INC offers its Site services for entertainment purposes only. ACAN TV, INC does not warrant the truth or validity of the information contained on its site. You acknowledge and understand that, because of the possibility of human and mechanical error, mistakes or omissions in the data or information provided, delays or interruptions of the data or information stream from whatever cause, as well as other factors, ACAN TV, INC is not responsible for errors in or omissions from the information contained or accessed through the Site.
3.7. All information and content on the Site are provided on an "as is" and as available basis without warranty of any kind, express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.aCAN TV makes no representation, promise, warranty, undertaking or guarantee as to the quality or continuity of any channels and programs not produced by aCANTV and of any other particular channels and programs. aCANTV reserves the right to amend, replace or withdraw any channels and programs (whether being advertised or not), and to change or reduce the broadcasting hours of any channels or programs with or without notice to Subscribers.
3.8.Nature of Content.
ACAN TV, INC offers video and audio content of various types including, but not limited to, sports, news, drama, etc. ACAN TV, INC does not warrant that all content is appropriate for all age viewers. Minors should only access this Site with parental permission.
3.9.Free Trial Period.
ACAN TV, INC may, from time to time and at its sole discretion offer a free trial period ("Free Period"). During the Free Period you may subscribe to certain channels, which shall be available at ACAN TV, INC 's own discretion, free of charge, subject to the following:
3.10. You agree to submit ACAN TV, INC with valid credit card information, which shall be used for collateral purpose only, and any other personal information requested for this purpose. The Free Period will commence on the day and time you have submitted ACAN TV, INC with the aforesaid information ("Commencement Date").
3.11. You agree that upon 30 days from the Commencement Date ACAN TV, INC shall be entitled to automatically charge your account for renewal of your monthly subscription unless you decide to terminate your Free Period. In the event ACAN TV, INC cannot charge your account, we reserve the right to terminate your access to the Fee-Based Services.
ACAN TV, INC may issue you a username and/or password for the purpose of accessing the Content or certain portions thereof, or services provided via the Site. You shall hold and secure any such username or password as strictly confidential. Accordingly, you shall not allow friends, family, business associates or other person access to or use of such username or password. ACAN TV, INC shall not be responsible whatsoever in the event that your password is misappropriated by a third party.
3.13. Reservation of Rights.
IV. TERMS RELATING TO SUBSCRIPTION
4.1.Terms relating to Subscription offerings.
The fees for aCANTV services must be paid in advance. Our Subscription offerings are available at different prices, as presented on our website and updated from time to time. We reserve the right to change those prices at any time. In any event, whatever the price, it will always be clearly marked on the subscription page for the channel/package/downloadable content and clearly marked when you enter your credit card information.
4.2. A valid credit card is required to pay for the Subscription offerings. The Subscription fee will be charged only when you submit the credit card information to us.
4.3. Once you subscribe to a particular video channel(s), you are limited to watching it on three (3) different streaming devices at one time such as one TV based Streaming Device (Roku, Google TV, etc), one App based device (smartphone or tablet) and one Web based device (Laptop, PC, SmartTV built-in device etc..) .We do, however, reserve the right to change that policy at any time and from time-to-time.
4.4Terms relating to our Subscription Service.
In order to subscribe to our subscription service you will need to enter your credit card information. However, and this is important, WE WILL BILL YOUR CREDIT CARD FOR THE SUBSCRIPTION FEE EACH AND EVERY SUBSCRIPTION TERM THEREAFTER UNTIL YOU TELL US TO STOP (or until we decide to stop, whichever comes first). That way, you have continuous access to the video channel(s)/package that you have subscribed to. If you decide at some point that you want to cancel your subscription, which you can do at any time, you will have to log into the Paypal account used to pay for the recurring payments and cancel the recurrence of payments.That is the only way a customer can cancel its subscription with aCANTV. Please note that once you cancel your subscription, it will not actually expire until your next billing cycle. And, ACAN TV, INC will not provide you with a refund for the current subscription term. So, what this means is, once we have charged you for a month, 6 months or a year, you pay for a month, 6 months or a year. Of course, once you cancel, you can re-subscribe at any time.
4.5. In order to purchase our downloadable content you will need to enter your credit card information. However, and this is important, WE WILL BILL YOUR CREDIT CARD FOR THE DOWNLOADABLE CONTENT FEE ON A PER-DOWNLOAD BASIS AND ONCE YOU PURCHASED YOUR DOWNLOADABLE CONTENT, THE FEE SHALL BE NON-REFUNDABLE AND YOU SHALL NOT BE ABLE TO CANCEL YOUR BILLING REGARDING THE DOWNLOADABLE CONTENT. That way, you will be able to access the downloadable content that you have selected unlimited number of times, unless otherwise provided with respect to a certain downloadable content.
4.6. Once you subscribe to our channel(s)/package, we will bill your credit card on the same date of each subsequent month (the "Payment Date"). For example, if you subscribe on May 15, we will bill your credit card on May 15 and again on June 15 and again on July 15 and so on. If the date on which you subscribed does not exist in certain future months/years (for instance, if you subscribe on January 31, what happens in February and April?), we will bill your credit card on the closest available day. So, in the above example, we would bill your credit card not on February 31 but on March 1 and, not on April 31 but on May 1. Should you elect to cancel your subscription and then re-subscribe at a later date, that later date will be your new Payment Date.
4.7. Once you purchase our downloadable content, we will bill your credit card on the date of purchase. For example, if you purchase on May 15, we will bill your credit card on May 15. If the date on which you purchased does not exist in certain future months/years we will bill your credit card on the closest available day.
Terms Relating to Refunds. ACAN TV, INC does not provide refunds on subscription fees and/or download fees already paid.
V. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
Neither ACAN TV, INC nor any provider of content for the site or their respective agents warrant that the site will be uninterrupted or error free, free from viruses or security breaches; nor does ACAN TV, INC , any provider of content to the site, or their respective agents make any warranty as to the results to be obtained from use of the site. The site content is not guaranteed to be accurate, timely or verified. The Site and the Site's content are distributed on an "as is" and "as available" basis. ACAN TV, INC and its agents do not make any warranties of any kind, either express or implied, including, without limitation, warranties of title or warranties of merchantability or fitness for a particular purpose, with respect to the site, any content, or any goods or services sold through the site. You expressly agree that the entire risk as to the quality and performance of the site and the accuracy or completeness of the content or data made available via the Site is assumed solely by you.
Neither ACAN TV, INC nor their respective agents shall be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use the Site.
Without waiving the exclusive governing law clause below, some jurisdictions do not allow exclusion of implied warranties or limitations of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such jurisdictions, the liability of ACAN TV, INC , third party content providers, and their respective agents shall be limited to the greatest extent permitted by law.
Links to Other Web Sites. ACAN TV, INC makes no representation whatsoever regarding the content of any other web sites which you may access from the ACAN TV, INC web Site. When you access a web site other than the Site, please understand that it is independent from ACAN TV, INC and that ACAN TV, INC has no control over the content on that web site. A link to a web site other than the Site does not mean that ACAN TV, INC endorses or accepts any responsibility for the content or use of such web site.
Termination. In addition to any other rights of the parties set forth herein, either you or ACAN TV, INC may cancel or terminate this Agreement at any time in accordance with the “My A/C“ instructions. ACAN TV, INC also reserves the right to restrict, suspend or terminate your access to the Fee-Based Services in whole or in part, without notice, with respect to any breach or threatened breach of any portion of this Agreement. If ACAN TV, INC terminates this Agreement based on a breach of any portion of this Agreement, ACAN TV, INC reserves the right to refuse to provide a subscription or any Fee-Based Services to you in the future.
6.1. Electronic mail (e-mail) must be sent to: email@example.com
6.2. Mail and courier deliveries must be sent to:
ACAN TV, INC
4353 CARDINAL GROVE BLVD
RALEIGH NC 27616-3260
6.6.ACAN TV, INC makes no representation or warranty that the materials in this Site are legal, appropriate or available for use in all geographic locations. Those who choose to access this Site do so at their own risk and are responsible for compliance with any and all applicable local laws.
6.8.Modifications. ACAN TV, INC has the right to modify this Agreement and any policies affecting the Site. Any modification is effective immediately upon posting to the Site or distribution via electronic mail or conventional mail. Your continued use of the Site following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of ACAN TV, INC in providing the Site, including without limitation (i) any change in the Content, or (ii) any change in the amount or type of fees associated with the Fee-Based Services, is to cancel your subscription in accordance with the subscription help instructions. ACAN TV, INC has the right to modify, suspend or discontinue the Site or any portion thereof at any time, including the availability of any area of the Site, including without limitation the Fee-Based Services. ACAN TV, INC may also impose limits on certain features and services or restrict your access to parts or all of the ACAN TV, INC Site without notice or liability.
ACAN TV, INC respects our subscribers' rights to privacy online and will not share, sell or otherwise distribute your information to any third party without your prior consent. In order to process client requests with minimum delay, ACAN TV, INC may request information about you. Any information you provide to ACAN TV, INC , including your name, address, telephone number and e-mail address will only be used internally by ACAN TV, INC to process your membership, support requests and provide you with the best customer support
We do not sell, trade, or rent your information, both personally identifiable and aggregate data, to any parties outside of ACAN TV, INC . Your name and other personal information are only used to correspond with you.
ACAN TV, INC collects user's email addresses and reserves the right to send commercial email to all registered users. Users may opt-out of receiving future mailings by adjusting his/her profile settings on the Site.
Financial information that is collected is used only to check the users' qualifications for registration and to bill the user for products and services.
We use the IP address of Consumers to help diagnose problems with our server and to administer our Site. We use the IP address of Consumers to help identify their shopping cart.
You may choose whether or not to provide personal information to ACAN TV, INC . The notice we intend to provide on the Site where ACAN TV, INC collects personal information should help you to make this choice. If you choose not to provide the personal information we request, you can still visit some of ACAN TV, INC 's Site, but you may be unable to access certain options, offers and services that involve our interaction with you.
VIII. SECURITY POLICY
This site has security measures in place to protect the loss, misuse and alteration of the information under our control. Security of information in transit to and from our web site is encrypted using SSL encryption protocols. We store all user information in secure databases protected via a variety of access controls as well as using encryption of sensitive information. This data is accessed only for the purposes specified in this privacy statement. Our secure server software is industry standard for secure e-commerce transactions. It encrypts all of your personal information including name, address, and credit card number, effectively locking off access as the information travels over the Internet. All customer credit cards are encrypted in our database.
We do not solicit or knowingly accept information from persons under the age of 18.
X. YOUR RESPONSIBILITY
As a customer of ACAN TV, INC you may be provided with a unique identifier such as a username and password which is intended to authenticate your identity when accessing our systems. Such identifying items are intended to be secret and to be known, possessed, and used only by you. The effectiveness of these mechanisms for authenticating your identity are dependent upon your keeping them in your exclusive possession and upon your protecting them from the discovery, access, or possession of others. If you fail to keep such identifying information in your exclusive possession (i.e., you allow others to have knowledge or possession of your password or pin), you may bear responsibility for the actions of other persons who use this information in accessing our systems.
For a smooth watching experience, the faster your Internet connection, the better the video quality. For the best viewing results, we recommend a minimum available bandwith of 5 Mbps for standard definition and 5.0 Mbps for HD content. To test your network speed, visit either one of the following (free) website: www.speedtest.net
We also recommend one of those following devices for a proper performance:
- The GOOGLE TV Vizio Box
- The ROKU 2 or 3 Box
- An Android device
- a SMART TV with a Flash or HTML Player Integrated