BY DOWNLOADING AND/OR USING ANY SOFTWARE AND/OR APPLICATIONS (COLLECTIVELY, "SOFTWARE") PROVIDED TO YOU BY OR ON BEHALF OF CHINA CONTENT LLC AND ITS AFFILIATED ENTITIES ("BIGTV") IN CONNECTION WITH YOUR USE OF THE BIGTV SERVICE, YOU ACKNOWLEDGE AND AGREE THAT (1) YOU HAVE READ THIS END USER LICENSE AGREEMENT ("LICENSE AGREEMENT"); (2) YOU UNDERSTAND IT; (3) YOU ARE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT; AND (4) YOU MAY RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE SOFTWARE. IF YOU DO NOT AGREE TO THE FOREGOING, YOU AGREE THAT YOU DO NOT HAVE A LICENSE TO, AND YOU WILL NOT USE, THE SOFTWARE.
This License Agreement contains details on your limited right and license to use the Software solely in connection with your use of the Bigtv service. This License Agreement is between you and Bigtv and not any other party.
The Software contains material that is protected by copyright and other applicable intellectual property laws in the U.S. and other territories and by international treaty provisions. The Software is licensed, not sold or given, to you by Bigtv for use only under the terms of this License Agreement and all rights not specifically granted to you herein are reserved to Bigtv and to any third party with ownership rights in software and documentation used in the Software. You may not remove any proprietary notice of Bigtv or any other party from any copy of the Software or documentation.
The rights granted under the terms of this License Agreement include any software upgrades that replace and/or supplement the original Software.
Bigtv reserves the right, from time to time, with or without notice to you, to change the terms of this License Agreement in our sole and absolute discretion. The most current version of this License Agreement will supersede all previous versions. Your use of the Software after changes are made means that you agree to be bound by such changes. As such, you should review the License Agreement periodically.
Grant of Limited License. Bigtv grants you (which, for purposes of this License Agreement, shall include members of your immediate household for whom you will be responsible hereunder and users of the Bigtv ready device with which you are accessing the Bigtv service and for whom you will be responsible hereunder) a non-exclusive, limited, personal and nontransferable license, subject to and conditioned on your compliance with the restrictions set forth in this License Agreement, to install and use the Software, in object code form only, provided to you by or on behalf of Bigtv in connection with your use of the Bigtv service.
The license grant above includes the right to use documentation accompanying the Software for the sole purpose of using the Bigtv service and the right to make one (1) backup copy of the Software, provided that (i) the Software is installed on only the number of Bigtv ready devices authorized by Bigtv (which number shall be six (6) Bigtv ready devices unless otherwise agreed or modified in writing by Bigtv); (ii) the Software may NOT be modified; (iii) all copyright notices are maintained on the Software; and (iv) you agree to be bound by all the terms of this License Agreement.
The Software is only for your own personal, non-commercial use and not for use in the operation of a business or service bureau, for profit or for the benefit or any other person or entity.
As a condition of the limited license for the Software granted to you in this License Agreement, except as and only to the extent expressly permitted in this License Agreement or by applicable law which cannot be waived by this License Agreement, you may NOT:
1.publish, display, disclose, rent, lease, modify, loan, distribute or create derivative works based on the Software or any part thereof;
2.copy, decompile, reverse engineer, disassemble, translate, adapt or otherwise reduce the Software to human readable form;
3.attempt to create the source code from the object code of the Software;
4.transmit or make the Software available over a network where it could be used by multiple computers or Bigtv ready devices at the same time;
5.make any third-party software contained in the Software a standalone product;
6.take any action that will infringe on the intellectual property or other proprietary rights of Bigtv or any third party software provider;
7.sublicense or assign the Software;
view any movies & TV shows provided by Bigtv or its suppliers anywhere other than within the country or location authorized by Bigtv ("Territory"); and
instantly watch movies & TV shows outside of the Territory, and Bigtv may use technologies to verify your compliance.
If you "uninstall" the Software, you will no longer be able to use the Software to view movies & TV shows on that Bigtv ready device.
No ownership rights. You have no ownership rights in any Software. Rather, you have a limited license to use the Software as long as this License Agreement remains in effect. Ownership of the Software and all intellectual property rights therein shall remain at all times with Bigtv and/or its licensors. Any other use of the Software by any other person, business, corporation, government or any other entity is strictly prohibited and is a violation of this License Agreement.
3.Third Party Content/Third Party Software
Software. There are software programs contained within the Software that have been licensed to Bigtv by third parties. The term "Software" as used herein shall refer to such third party software except where the term Software refers expressly to the ownership or other specific rights of Bigtv. The same terms and conditions, including all limitations and restrictions, set forth in this License Agreement apply to each third party software program contained in the Software. Certain software programs specified in the licenses referenced in Section 10 ("Notices") below may contain additional grants and/or restrictions.
4.Upgrading the Software
Bigtv may issue you an upgraded version of the Software automatically upon an instance of your use of the Software or the Bigtv service or otherwise in connection with your use of the Bigtv ready device. Alternatively, Bigtv may require you to consent to an upgrade to the Software ("Software Upgrades") before using, installing or accessing the Software. If you decline the Software Upgrades, you may not be able to use or access the Software or the Bigtv service.
5.Consent to Use of Data
6.Export Law Assurances
You may not use or otherwise export or re-export the Software except as authorized by United States law and the laws of the jurisdiction in which the Software was legally obtained or authorized by Bigtv. In particular, but without limitation, the Software may not be exported or re-exported (a) into (or to a national or resident of) any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Software, you represent and warrant that you are not located in any such country or on any such list.
7.U.S. Government End Users
The Software and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through §227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
This License Agreement is effective until terminated. Your rights under this License Agreement are terminable by Bigtv at any time without notice. Further, this License Agreement will terminate if Bigtv finds that you have violated any of the terms of this License Agreement. No waiver of any breach of any provision of this License Agreement by Bigtv shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless it is made in writing and is signed by an authorized representative of Bigtv. All provisions relating to confidentiality, proprietary rights, and nondisclosure shall survive the termination of this License Agreement.
Your ability to use the Bigtv service is subject to your system compatibility with our Software as such requirements may change from time to time. Compatibility of system requirements with the Software is your responsibility.
Upon the termination of this License Agreement, you shall cease all use of the Software and Bigtv service and destroy all copies, full or partial, of the Software that you may have downloaded hereunder.
Disclaimer of Warranties and Limitations on Liability
If you have downloaded any Software from the Apple iTunes Application Store, the following additional terms apply to such Software:
1.You agree and acknowledge that Apple is not responsible for the Software and its content. In addition, your use of such Software downloaded from such location is limited to a non-transferable license to use the Software on any Apple branded products running iOS (including but not limited to iPad, iPhone, and iPod touch) ("iOS Devices") or Mac OS X ("Mac Computers"), as applicable (collectively "Apple Device(s)") that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service. Moreover, we hereby inform you and you acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software.
2.Apple has no warranty obligation with respect to the Software and any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty set forth in this License Agreement is the responsibility of Bigtv. Please note that Bigtv has disclaimed all warranties (see section above).
3.Apple is not responsible for addressing any claims relating to the Software or your possession and/or use of the Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
4.Apple is not responsible for any third-party infringement claims that the Software or your possession and use of the Software infringe a third party's intellectual property rights.
5.Third Party Beneficiary: Bigtv and you acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this License Agreement with respect to any such Software, and that Apple will have the right (and will be deemed to have accepted the right) to enforce the License Agreement against you as a third party beneficiary thereof as set forth herein.
Bigtv Copyright Notice
© 2011 China Content LLC. All content herein is protected by copyright and other applicable intellectual property laws in the U.S. and other territories and may not be modified, copied or used in any manner without the express permission of China Content LLC, which reserves all rights. Reuse of any of this content for any purpose without the permission of China Content LLC is strictly prohibited.
You agree and acknowledge that Facebook has no responsibility or liability for the Software and its content.
11.Bigtv contact information
Any questions, complaints or claims regarding the Software shall be directed to customer service by accessing the "Help" page) .
Dated: July 12, 2011
Welcome to Bigtv. We are an online subscription service, providing our members with access to motion pictures, television and other audio visual entertainment ("movies & TV shows") streaming over the Internet to certain Internet-connected TV's, computers and other devices ("Bigtv ready devices"). We've put together here some detailed terms and conditions. You should read and understand them as they govern your use of our service.
Privacy and Communications Preferences
By using the Bigtv service, you consent to receiving electronic communications from Bigtv. These communications will include notices about your account (e.g., change in password or Payment Method, confirmation e-mails and other transactional information) and information concerning or related to our service. These communications are part of your relationship with Bigtv and you receive them as part of the Bigtv membership. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Membership and Billing
You can find the specific details regarding your membership with Bigtv at anytime by visiting our website and clicking on the "My Account" link.
Your Bigtv membership may start with a free trial. The free trial period of your membership lasts for one month, or as otherwise specified during sign-up. Free trials may not be combined with any other offers. If you or another member of your household has been a Bigtv member within the last 12 months, you are not eligible to receive a free trial. You must have Internet access and a current valid credit card or debit card, or other accepted payment method ("Payment Method") to use our service.
We will begin billing your Payment Method for monthly membership fees at the end of the free trial period of your membership unless you cancel prior to the end of the free trial period. To view the specific details of your membership, including monthly membership price and end date of your free trial period, visit our website and click the "Payment" link on the "My Account" page. Your Payment Method will be authorized for up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your free trial period. You will not receive a notice from us that your free trial period has ended or that the paying portion of your membership has begun. If YOU CANCEL PRIOR TO THE END OF YOUR FREE TRIAL, THERE WILL BE NO CHARGES TO YOUR PAYMENT METHOD. CLICK THE "MY ACCOUNT" LINK AT THE TOP OF ANY BIGTV WEB PAGE FOR CANCELLATION INSTRUCTIONS. We will continue to bill your Payment Method on a monthly basis for your membership fee until you cancel. You may cancel your membership at anytime; however, there are no refunds or credits for partially used periods.
We may offer a number of membership plans, including special promotional plans or memberships with different limitations. Some of these promotional memberships are offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered membership plans. Unless otherwise stated differently, month or monthly refers to your billing cycle (See "Billing" below).
If you are eligible, and have signed up for a free trial, your Payment Method will be authorized for up to approximately one month of service during free trials; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your free trial period. We may also periodically authorize your card in anticipation of membership or related charges. Membership fees and charges are fully earned upon payment. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email. If you want to use a different Payment Method or if there is a change in Payment Method, such as your credit card validity or expiration date, you may edit your Payment Method information by visiting our website and clicking on the "My Account" link, available at the top of the pages of the Bigtv website. If your Payment Method reaches its expiration date and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you authorize us to continue billing that Payment Method and you remain responsible for any uncollected amounts.
Your Bigtv membership, which may start with a free trial portion, will continue month- to-month unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews each month in order to avoid billing of the next month's membership fees to your Payment Method. We will bill the monthly membership fee to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). Membership fees are fully earned upon payment.
You may cancel your Bigtv membership at any time. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS OR UNWATCHED MOVIES OR TV SHOWS. To cancel, visit our website and click on "Cancel Membership" on the "My Account" page and follow the instructions for cancellation under the heading "Cancel Membership."
Right to Terminate
We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.
How Our Streaming Service Works
Bigtv is an online subscription service providing its members with access to movies & TV shows streaming over the Internet to Bigtv ready devices. These devices are manufactured and sold by entities other than Bigtv.
Availability. The availability of movies & TV shows to instantly watch will change from time to time. The quality of the display of the streaming movies & TV shows may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. Bigtv streams a little bit of data as a buffer each time you start a movie or TV show. Frequently starting and stopping movies & TV shows will result in a minor increase to the amount of data Bigtv streams to you per hour. In most cases this will be less than a few minutes worth. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. Bigtv makes no representations or warranties about the quality of your instant watching experience on your display. You may change the video quality of your instant watching experience by going into the "My Account" link on the website.
For certain membership plans in the United States with limited hours of instant watching, any unused instant watching time will not roll-over to your next period or otherwise accumulate. If you reach your watch instantly limit while a selected movie or TV show is playing, you are able to complete that movie or TV show provided that you continuously watch it to completion. The number of movies & TV shows you are able to watch instantly during each billing period depends on the length of each movie or TV show you select and whether you watch them to completion. Any repeated instant watching of a movie or TV show, in whole or in part, will count towards your total watch instantly time.
Start Time: The time it takes to begin watching a movie or TV show instantly will vary based on a number of factors, including your location, available bandwidth at the time, the movie or TV show you have selected and the configuration of your Bigtv ready device. For example, high-speed action scenes or special effects at the opening of a movie or TV show may slightly delay its start time. In addition, you must be connected to the Internet throughout the watch instantly experience.
Device Limitations: YOU MAY INSTANTLY WATCH ON UP TO SIX UNIQUE AUTHORIZED BIGTV READY DEVICES. YOU WILL BE ALLOWED TO INSTANTLY WATCH SIMULTANEOUSLY ON ONLY ONE SUCH DEVICE AT ANY GIVEN TIME. You may instantly watch simultaneously on more than one Bigtv ready device within your household. The number of devices and concurrent streams may change without notice to you. For certain limited membership plans in the United States, your available Bigtv ready device may be limited to personal computers.
Geographic Limitation: You may instantly watch a movie or TV show through the Bigtv service only in geographic locations where we offer our service. The content that may be available to watch will vary by geographic location. Bigtv will use technologies to verify your geographic location.
END USER LICENSE AGREEMENT: BY USING OUR SERVICE, YOU ACKNOWLEDGE AND AGREE (1) TO THE BIGTV SOFTWARE END USER LICENSE AGREEMENT AS SUCH MAY BE AMENDED OR ADDED TO FROM TIME TO TIME AND (2) TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE BIGTV AND RELATED THIRD-PARTY SOFTWARE. IF YOU DO NOT ACCEPT THE FOREGOING TERMS, DO NOT USE OUR SERVICE.
In response to requests from content providers, or due to technical limitations, or for any reason in our sole and absolute discretion, and without prior notice to you, some or all movies &TV shows may not be watched, or may cease to be available for watching instantly, through our service on some Bigtv ready devices.
Features & Functionality
Please note that only one Facebook account can be connected to each Bigtv account. All Bigtv account activity will be posted automatically to the Facebook account that is connected to Bigtv. If you have authorized more than one member of your household to use your Bigtv account, it is possible that their Bigtv activity may be posted to your Facebook account or be visible to your Facebook friends using the Bigtv service.
While we hope that you find the Facebook Connect feature to be a great way to share information, including discovering new movies & TV shows, you may nonetheless disconnect your accounts at any time by clicking on the "My Account" link, selecting the "Manage Facebook Connect" link (located in the Preferences section) and then selecting "Disconnect." Facebook may also offer ways to manage the information you share with Bigtv. See the Facebook website for details.
We permit you to post reviews of movies &TV shows available through the Bigtv service. We do not regularly review the content posted on the Bigtv website; however, we reserve the right to reject, remove or edit such content at anytime without notice. Reviews should not be posted that contain: harsh, profane or discriminatory language; illegal, obscene, threatening, defamatory or otherwise objectionable content; URLs, phone numbers, mailing or e-mail addresses, personal attacks on the movie's or TV show's creative personnel; misleading information regarding the origin of the content; or a discussion of Bigtv policies or services. Please click on the "Reviews" link that appears on the Bigtv website for a link to guidelines for writing and posting member reviews. You understand and agree that we may, but are not obligated to, review the content and may delete or remove it (without notice) in our sole and absolute discretion, for any reason or no reason. Please also see "Use of Information Submitted" below.
WHEN YOU HAVE SUBMITTED A REVIEW, WE WILL DISPLAY YOUR RATING OF MOVIES & TV SHOWS AND YOUR CITY AND COUNTRY LOCATION GIVEN AT SIGN UP. BY SUBMITTING A REVIEW, YOU UNDERSTAND AND AGREE THAT YOU ARE CONSENTING TO THE RELEASE OF ALL INFORMATION PROVIDED IN YOUR REVIEW, INCLUDING YOUR RATING OF A MOVIE OR TV SHOW, AND YOUR CITY AND COUNTRY TO A PUBLIC FORUM, INCLUDING OTHER MEMBERS OF, AND VISITORS TO, THE BIGTV SERVICE. IF YOU DO NOT WANT YOUR REVIEWS, CITY AND COUNTRY TO BE SHARED IN A PUBLIC FORUM, DO NOT USE THE REVIEW FEATURE.
Anyone who participates in the Review feature is automatically given an anonymous screen name ("nickname") and a generic avatar photo to represent them in public. You can update your screen name or photo/image avatar at any time, as often as desired, to identify yourself in connection with your account profile. We supply this pseudonym on your behalf so that any presented information is not personally identifiable. YOU ALWAYS HAVE THE OPPORTUNITY TO UPDATE THIS AUTOMATIC PSEUDONYM WITH A PSEUDONYM OF YOUR CHOICE, OR EVEN SUPPLY YOUR REAL NAME, BUT BY DOING SO YOU ARE CHOOSING TO DISCLOSE YOUR IDENTITY IN CONNECTION WITH YOUR REVIEWS AND RATINGS AND OTHER FORMS OF PERSONAL INFORMATION ON OUR WEB SITE.
In addition, photos or images that you choose to post to your profile must be owned entirely by you and cannot contain the images of, or owned by, any third party, and cannot be infringing, vulgar, obscene, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable. Like the content of your review itself, you understand and agree that we may, but are not obligated to, review any photos, images or pseudonyms you create and may delete or remove them (without notice) in our sole and absolute discretion, for any reason or no reason. Please also see "Use of Information Submitted" below.
If you no longer wish to have your reviews publicly posted, you may delete them by going into the "My Account" link on the website and selecting "Reviews."
Use of the Reviews feature is for your personal, non-commercial use and is at your own option and risk.
The Reviews feature may change without notice to you and the degrees of associated information sharing and functionality may also change without notice.
The member who created the Bigtv account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over the Bigtv account. The Account Owner's control is exercised through use of the Account Owner's password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting Bigtv Customer Service and potentially altering the Account Owner's control, the Account Owner should not reveal the Payment Method details (e.g.,, last four digits of their credit or debit card, or their email address if they use PayPal) associated with their account.
Members from certain countries may have access to RSS feeds as a convenient way to pass information about your Bigtv account or that is publicly available on the Bigtv site to your RSS reader or an RSS-associated website of your choice. RSS stands for Really Simple Syndication. It allows information to be published in a standard XML format that can be accessed via a URL. Bigtv may also choose, at any time, to provide feeds in other formats, such as Atom. All use of the RSS and other feeds ("Feeds"), including obtaining a Feed from the Bigtv website or receiving it into an application or website or displaying the content received from such Feeds, is at your own option and risk. You acknowledge and agree that you are consenting to the information about your account being transferred to the location of the Feed as enabled by you and that your use of a Feed may cause personally identifying information to be associated with you, even if such information is not provided by the Feed.
Account Access; Identity Protection
In order to provide you with ease of access to your account and to help administer the Bigtv service, Bigtv implements technology that enables us to recognize you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the Bigtv service. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.
You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your Bigtv ready device. If you disclose your password to anyone or share your account and/or devices with other people, you take full responsibility for their actions. Where possible, users of public or shared devices should log out at the completion of each visit. If you sell or return a Bigtv ready device, you should logout and/or deactivate the device before doing so. Similarly, if your Bigtv ready device is lost or stolen, please deactivate the Bigtv ready device. If you fail to log out or deactivate your device, subsequent users may access the Bigtv service through your account and may be able to access certain of your account information. To deactivate a device, go to the "My Devices" link on the "My Account" page.
If you find that you're a victim of identity theft and it involves a Bigtv account, you should notify Customer Service. Then, you should report this instance to all your card issuers, as well as your local law enforcement agency. Also, you should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the Bigtv website and not through a hyperlink in an email or any other electronic communication, even if it looks official. Bigtv reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. Bigtv is not obligated to credit or discount a membership for holds placed on the account by either a representative of Bigtv or by the automated processes of Bigtv.
Disclaimers of Warranties and Limitations on Liability
THE BIGTV SERVICE, INCLUDING OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE BIGTV SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE AND OUR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE BIGTV SERVICE, OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH. BIGTV DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE BIGTV SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT BIGTV MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE BIGTV SERVICE, INCLUDING FEATURES, WITHOUT COMPENSATION OR NOTICE TO YOU. BIGTV SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, BIGTV READY DEVICES, AND BIGTV SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE). Without limiting the foregoing, we and our licensors assume no liability or responsibility for any of the following: (i) errors or omissions in the content delivered by the Bigtv service or on the Bigtv website or user interfaces; (ii) recommendations or advice of Customer Service; (iii) any failure or interruption in the availability of the Bigtv service and/or website or user interfaces, (iv) delivery and or display of any content contained on the Bigtv website, user interfaces, or otherwise through the Bigtv service; and (vii) any losses or damages arising from the use of the content provided on the Bigtv website, user interfaces, or otherwise through the Bigtv service itself, including any losses or damages arising from downloading of related software, downloading and/or use of any other software, including the remote desktop tool offered by Customer Service, optical media discs or any conduct by users of the Bigtv service, website or user interfaces. TO THE EXTENT ALLOWABLE BY LAW, WE AND OUR LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current. We do not make any representations with respect to the content contained on movies &TV shows from the Bigtv service or the descriptions of any movie or TV show content contained on our website and user interfaces. We do not represent or guarantee that your use of the Bigtv service will be free from interruption, loss, corruption, attack, viruses, interference, hacking, or other security intrusion and we disclaim any liability with respect thereto. No oral or written information or advice given by us or our authorized representative shall create a warranty or otherwise constitute a representation binding upon Bigtv or its affiliated parties.
BIGTV MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING BIGTV READY DEVICES OR THE COMPATIBILITY OF THE DEVICE WITH OUR SERVICE. Additional disclaimers or limitations of liability may be contained in the various third party software end user license agreements you may have agreed to in order to access our service.
Bigtv is a registered trademark of Bigtv. The Bigtv logo, Bigtv.cc, are trademarks or service marks of Bigtv. The Bigtv website and user interfaces, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of China Content LLC. The trademarks, service marks and trade dress of Bigtv may not be used or reproduced without prior written approval from Bigtv and may not be used in connection with any product or service that is not affiliated with Bigtv, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of Bigtv, or in any manner that disparages or discredits Bigtv. Other trademarks that appear on the Bigtv website and user interfaces are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Bigtv. Any images of persons or personalities contained on the Bigtv website and user interfaces are not an indication or endorsement of Bigtv or any particular product or our service unless otherwise indicated.
Entertainment and Service Content
We distribute movies, television, and other filmed entertainment and we reserve the right to display and promote the filmed entertainment or other information through our service, including our website and user interfaces, to you in any manner we choose in our sole and absolute discretion. In addition, the Bigtv service allows you and other third parties to post reviews or comments concerning the entertainment distributed by us. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties through the Bigtv service are those of the respective authors or producers and not of Bigtv, or its shareholders, directors, officers, or employees or licensors. Under no circumstances shall Bigtv, or its shareholders, directors, officers, directors, or employees or licensors be held liable for any loss or damage caused by your reliance on information obtained through the Bigtv service. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Bigtv service.
Use of Information Submitted
Bigtv is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the Bigtv service, including the Bigtv website and user interfaces, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Bigtv service. Furthermore, by posting any Feedback on our site, submitting Feedback to us, or in responding to questionnaires, you grant us a perpetual, worldwide, non-exclusive, royalty-free irrevocable license, including the right to sublicense such right, and right to display, use, reproduce or modify the Feedback submitted in any media, software or technology of any kind now existing or developed in the future.
Please note Bigtv does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Bigtv. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Bigtv and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.
From time to time, we test various aspects of our service, including our website, user interfaces, service levels, plans, promotions, features, availability of movies &TV shows, delivery, and pricing, and we reserve the right to include you in or exclude you from these tests without notice.
If you need assistance with your account, you may find answers and reach Customer Service on the "Help" page, where you will find the answers to many frequently asked questions and make online inquiries.
Your Conduct in Accessing the Bigtv Service
By accessing the Bigtv service, including the Bigtv website and user interfaces, you agree to use the Bigtv service, including all features and functionalities associated therewith, the website and user interfaces and all content and software associated therewith in accordance with all applicable laws, rules and regulations, including public performance limitations or other restrictions on use of the service or content therein. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Bigtv service. You also agree not to interfere with the servers or networks connected to any portions of the Bigtv service or to violate any of the procedures, policies or regulations of networks connected to the Bigtv service. You also agree not to impersonate any other person while using the Bigtv service, conduct yourself in a vulgar or offensive manner while using the Bigtv service, or use the Bigtv service for any unlawful purpose.
Limitations on Use
Links and Pages
Claims of Copyright Infringement
It is the policy of Bigtv to respect the intellectual property rights of others. Bigtv does not condone the unauthorized reproduction or distribution of movies, TV shows, or other copyrighted content. If you believe your work has been reproduced or distributed in a way that constitutes copyright infringement or are aware of any infringing material available through the Bigtv service, please notify us by completing the claims form found here.
Please note that we will not be able to respond to customer service or other unrelated issues submitted through the copyright claims form above. For queries that are not related to copyright matters, please access the "Help" page.
If you elect to seek arbitration, you must first send to Bigtv, by certified mail, a written Notice of your claim ("Notice"). The Notice to Bigtv should be addressed to: China Content LLC, PO Box 4521, San Mateo, CA 94404 ("Notice Address"). If Bigtv elects to seek arbitration, it will send, by certified mail, a written Notice to the address used for your membership account. A Notice, whether sent by you or by Bigtv, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Bigtv and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Bigtv may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Bigtv or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you are required to pay a filing fee, after Bigtv receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless Bigtv and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. (If you reside outside of the United States, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you, but will remain subject to the AAA Rules including the AAA rules regarding the selection of an arbitrator). If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Bigtv's last written settlement offer made before an arbitrator was selected (or if Bigtv did not make a settlement offer before an arbitrator was selected), then Bigtv will pay you the amount of the award or US$1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
YOU AND BIGTV AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Bigtv agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
Collection and Use of Information
Personal information means information that uniquely identifies you as an individual, specifically your name, postal delivery address, e-mail address, payment method (e.g., credit card, debit card, or other payment method accepted by Bigtv). Non-personal information means any information that is not personal information.
When you interact with us, we may ask you to supply us with personal information so that we can provide, enhance and personalize our services and marketing efforts. For similar reasons, we may supplement the personal information you provide with publicly available information about you as well as information from other sources, as permitted by law. We use this personal information, for example, to process your registration, your orders and your payments, and to communicate with you on these and other topics. We also use your e-mail address to send you newsletters, as well as messages about new Bigtv features, Bigtv special offers, promotional announcements, consumer surveys and other correspondence concerning our service. Occasionally, we may send these materials to you via postal mail. If you no longer want to receive the newsletters, other announcements, simply access the "Manage mailing preferences" link on the "Your Account" page and uncheck those items to unsubscribe. Please note that you cannot unsubscribe from certain correspondence from us, including messages relating to your account transactions.
We keep track of your interactions with us and collect information related to your use of our service, including but not limited to your online activity, title selections and ratings, payment history and correspondence as well as Internet protocol addresses, device types, unique device data, such as device identifiers, operating systems, any instant watching of movies, TV shows and related activity. We use this information for such purposes as determining in which country you are located so that we may provide localized content, enforcing our terms (such as using device identifiers to determine your eligibility for a free trial), providing recommendations on movies & TV shows we think will be enjoyable, personalizing the service to better reflect particular interests, tracking your instant-watching hours, determining your Internet service provider, helping us quickly and efficiently respond to inquiries and requests and otherwise enhancing or administering our service offering. We also provide analysis of our users in the aggregate to prospective partners, advertisers and other third parties. We may also disclose and otherwise use, on an anonymous basis, movie & TV show ratings, consumption habits, commentary, reviews and other non-personal information. For example, we use movie & TV show ratings and consumption behavior to improve our recommendations to you as well as other users.
While using the Bigtv service, you will have opportunities to post reviews or other personal information in public forums. Please understand that when you post such information, it is made public and is not subject to this policy. We are not responsible for any third party's use of personal information you publicly disclose through our service.
From time to time, we may partner with companies whose products we believe will interest our members. In conjunction with these partners, we may send promotional announcements and/or serve web-based advertisements on their behalf, as permitted by law. You can go to the "Manage mailing preferences" link on the "Your Account" page and request that your name be excluded from marketing emails or postal mail.
Disclosure of Information
Set forth below is a list of our affiliated entities we share information with:
China Content LLC, PO Box 4521, San Mateo, CA 94404.
This list may change from time to time.
In addition, we use other companies, agents or contractors to perform services on our behalf. For example, we have partnered with other companies, to provide infrastructure and IT services, personalize and optimize our web pages, process credit card transactions, provide customer service, collect debts, analyze and enhance data, including users' interaction with our website, and process consumer surveys. In the course of providing such services, these other companies may have access to your personal information. We do not authorize these companies to use or disclose your personal information except for the purpose of providing the services we request of them.
We may offer joint promotions or programs that, in order for participation, will require personal information be shared with third parties. For example, we may partner with companies that offer incentives, such as frequent flyer mileage awards, if you sign up or otherwise utilize our service. In fulfilling these types of promotions, we may share your name and other personal information in connection with fulfilling the incentive. By participating in such joint promotions or programs, you consent to our sharing of your personal information.
Links to Other Sites
Accessing and Altering Your Information
We give you access to a broad range of information about your account and your interactions with us in the "Your Account" portion of the website. You are responsible for updating and maintaining the truth and accuracy of the personal information you provide to us relating to your account. If you want to access or alter your contact information or change your payment method, you should do so by visiting the "Your Account" section of our website. You must be signed in to access "Your Account." You can also make changes to marketing subscriptions preferences by going to the "Your Account" page. With respect to your personal information, you can request access and that we correct or delete this data by emailing your request to email@example.com. We may decline to process requests that are unreasonably repetitive, require disproportionate technical effort, jeopardize the privacy of others, are extremely impractical, impede the provision or enhancement of or payment for the service, or for which access or alternation is not otherwise required by local law.
Cookies and Other Technologies
To Enhance our Service
As you interact with our service, we and our service providers may place cookies on your system. Cookies are small pieces of data that are sent to your browser from a web server and stored on your system for record keeping purposes. In general, cookies can make the Internet more useful by storing information about your preferences on a particular system.
In addition to cookies, we and our service providers use a variety of other technologies, including pixel tags (web beacons), clear gifs, or other technologies built into our application software or your Bigtv ready device, to gather information on how users interact with our service. These technologies can help personalize the service for you and help associate your interactions with our service to other information within your account. They can show us, for example, popular pages, conversion rates, viewing patterns, click-through and other information that can be used to improve, operate and monitor our website and other aspects of our service. If your browser is set to not accept cookies, you will not be able to use the Bigtv service or website.
Ads Displayed on Third Party Sites
We use third-party advertising companies to serve ads. These companies may use information (not including your name, address, email address or telephone number) about your visits to this and other Web sites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies.
Bigtv takes information security very seriously and uses reasonable administrative, technical, physical and managerial measures to protect your personal information from unauthorized access. For example, we utilize Secure Sockets Layering, an industry-standard protocol for certain of your transmissions to us, in order to encrypt the personal information that you send to us through the registration and sign up process.
Unfortunately, no security system can be guaranteed to be 100% secure. Accordingly, we cannot guarantee the security of your personal information and cannot assume liability for improper access to it. By using our service, including our website and user interfaces, or providing personal information to us through any means, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Bigtv service.
In order to provide you with ease of access to your account and to help administer the Bigtv service, Bigtv implements technology that enables us to recognize you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the Bigtv service. You can choose not to take advantage of this feature on your computer by unchecking the box "Remember me on this computer" when you login on the website. Bigtv ready devices do not have this feature. To remove access to your Bigtv account from a device, go to the "Manage Bigtv ready devices and computers" link on the "Your Account" page and remove that device from your account. You are responsible for maintaining the confidentiality of your account information and for restricting access to your computer or device through which you access your Bigtv account. If you disclose your password to anyone or share your account and/or devices with other people, you take full responsibility for their actions. Where possible, users of public or shared devices should log out at the completion of each visit. If you sell or return a computer or Bigtv ready device, you should log-out and deactivate the device before doing so. If you fail to log out and deactivate your device, subsequent users may be able to access certain of your account information. To deactivate a device, go to "My Devices" on "My Account" page.
Changes to This Policy
Transfer of Information
If you use or submit personal information to Bigtv, you consent to the transfer of your personal information outside your country of residence to any country where we have facilities or engage third parties, including the United States. You understand that the countries to which we may transfer information may have different level of data protection than your country.
Effective Date: June 22, 2011