Terms of Service
Terms of Service
Last Updated 04/12/2013
Bienvenue on Bwatla, a service by Haiti Live Networks. The following Terms of Service (“TOS”) apply to your use of Haiti Live Networks website (www.bwatla.net) as well as your use and access to the BWATLA service, available through different platforms and devices including but not limited to the Apple iPad, the Roku and other devices with IOS and windows OS. Please read the terms of Service carefully and completely before using or accessing the website or services. By using or accessing the website or any other devices or apps offering the service, signifies that you have agreed to the Terms of Services as posted. If you do not agree to the TOS, you should not use the website or the services offered as all services and or content are subject to applicable laws and regulations
TERMS OF SERVICE: Haiti Live Networks provides Live Haitian Television and Radio programming on multiple platforms, as well as selected Video On Demand (“VOD”) offerings, infomercials and advertisements (the “Content”). This offering is subject to change at any time at Haiti Live Networks sole election and all Users of the Services whether authorized by Haiti Live Networks or not herein (each a “User”, “Web Member”, “Mobile member” or a “STB Subscriber”) sole remedy shall be a right to cancel or other discontinue the receipt of the Services. Haiti Live Networks reserves all rights in law and equity to bring appropriate legal or other appropriate action against unauthorized Users of the Service. The Website, the Other Connected Devices Or Services, the Content and the Services are subject to this TOS. Haiti Live Networks may amend or update the TOS from time-to-time without notice to you, but if it does so, it will post the amended or updated TOS on the Website. We encourage you to review the TOS from time to time for possible changes. Your continued use of or access to the Website, the Other Connected Devices Or Services, the Services or the Content after any amendment or update of the TOS signifies your agreement to the amended or updated TOS. In addition, when using or accessing any Services or any Content, you will be subject to any additional guidelines or rules applicable to such Services or Content. All such additional guidelines or rules are hereby incorporated by reference into the TOS.
1. Agreement: This is an agreement between Haiti Live Networks, LLC., and the Customer (the “Agreement”), to provide access to Haiti Live Networks, LLC., IPTV broadcasts, Video on Demand and video related services (the “Services”). By (i) the Customer’s submission of an online order; (ii) Customer’s acceptance of the Terms of Service electronically during registration; or (iii) Customer’s use of Services, you agree to be bound by this Agreement, including future revisions and to use the Services in compliance with the then current Haiti Live Networks, LLC., Authorized Use Policy.
2. Authorized User, Use, and Responsibility: Customer acknowledges that he or she is 18 years of age or older, and has the legal authority to enter into this Agreement and affirms that the information Customer supplied is correct and complete. Customer understands that Haiti Live Networks, LLC. relies on the information Customer supplies and that providing false or incorrect information may result in provisioning or delivery delays or the suspension or termination of Customer’s Services. Customer agrees to promptly notify Haiti Live Networks, LLC., whenever Customer’s personal information changes (including for example, Customer name, address, telephone number, etc..).
3. Term: This Agreement goes into effect upon Customer’s acceptance of this Agreement and shall continue until canceled or terminated by either party as permitted by this Agreement.
4. Communication Charges: Customer is responsible for obtaining and maintaining at Customer’s expense all equipment and services needed to access Haiti Live Networks, LLC., Services. Customer is also responsible for any communication charges incurred by accessing Haiti Live Networks, LLC., Services through a third-party network, such as a cable or wireless carrier.
5. Disruption of Service: In no event shall Haiti Live Networks, LLC., be liable for any failure or interruption of program transmissions or Services resulting in part or entirely from circumstances beyond Haiti Live Networks, LLC., reasonable control. Subject to applicable law, credit will be given for qualifying outages. In any event, if there is a known program or service interruption in excess of 24 consecutive hours (or in excess of such lesser time period pursuant to state law), Haiti Live Networks, LLC., upon prompt notification of such failure or interruption from Customer, will either provide Customer with a pro-rata credit relating to such failure or interruption or, at its discretion, in lieu of the credit provide alternative programming during any program interruption. Haiti Live Networks, LLC., shall not be liable for any incidental or consequential damages.
6. Customer Property: Haiti Live Networks, LLC., assumes no responsibility for the condition or repair of any Customer-provided equipment. Customer is responsible for the repair and maintenance of any Customer-provided equipment.
7. Customer Information: Haiti Live Networks, LLC., maintains Customer-supplied personal identification information for the purpose of account management, and customer support and service management. Haiti Live Networks, LLC., may also aggregate anonymous, non-personal information for reporting and analysis purposes related to your viewing and usage of Haiti Live Networks, LLC., Services.
8. Programming: All programming, program services, program packages, number of channels, channel allocations and broadcast channels are at the sole discretion of Haiti Live Networks, LLC., and are subject to change at any time in accordance with applicable laws. Additionally, Haiti Live Networks provide access to certain Video on Demand programming content protect its rights under this Agreement.
9. User Liabilities:
a. REPRODUCTION OF PROGRAMS: CUSTOMER AGREES THAT THE PROGRAMS PROVIDED BY HAITI LIVE NETWORKS, LLC., WILL BE UTILIZED SOLELY FOR CUSTOMER’S PERSONAL, NON-COMMERCIAL USE AND WILL NOT BE DUPLICATED EXCEPT IN COMPLIANCE WITH APPLICABLE LAW. Further, you may not copy, store, distribute, modify, republish, broadcast, retransmit or publicly display any of the Content or Services, create derivative works of them, charge admission for their viewing, or transmit or distribute running accounts of them, unless you have the prior written permission of Haiti Live Networks, which permission may be withheld at Haiti Live Networks’ sole discretion. The Content is provided for your enjoyment only, and you should not rely upon it for any purpose. Haiti Live Networks is not responsible for the Content’s accuracy and reliability. It is your responsibility to impose any viewing restrictions as to Content within your permitted uses or while viewing by you on your computer or other family members or guests. Haiti Live Networks shall not be liable to you or any third party for any claim based on the Content or Services and Subscriber hereby indemnifies and holds harmless Haiti Live Networks for any and all claims caused by or originating from viewing or any other use of the Content or Services.
b. Sharing of Content or Services with third parties, other than family members or guests in your home, is a theft offense and is expressly prohibited. Any violation of this section may result in the immediate suspension or termination of your subscription to the Services and liability for any and all remedies and damages incurred by Haiti Live Networks as a result of such violation including criminal prosecution where appropriate
10. Haiti Live Networks, LLC., Rights:
a. Haiti Live Networks, LLC., has no obligation to monitor content or Services accessible by means of the Haiti Live Networks, LLC., Services. However, Customer acknowledges and agrees that Haiti Live Networks, LLC., has the right to monitor content from time to time and to disclose any information as necessary to satisfy any law or regulation to operate its programming properly, or to protect itself or its Customers.
b. Haiti Live Networks, LLC., shall have the right to determine in its sole discretion what constitutes an “inappropriate” or “commercial use” of Haiti Live Networks, LLC., Equipment and Services.
11. Cancellation: Customers may cancel their Subscription at anytime. In the event that Customer’s account is cancelled, the Customer will not receive any partial credit for the time lost, all VOD movies and TV Drama Episodes viewed during that month will be charged.
12. Breach of Agreement: If Customer breaches this Agreement or fails to abide by Haiti Live Networks, LLC’s rates, rules and regulations, Haiti Live Networks, LLC., at its option, may terminate the Services .Customer shall pay attorney’s fees to Haiti Live Networks, LLC., in the event that Haiti Live Networks, LLC., shall find it necessary to enforce collection or to preserve and
13. Disclaimer: Haiti Live Networks, LLC., assumes no liability for any program or information distributed over the system unless locally produced by Haiti Live Networks, LLC., Haiti Live Networks, LLC., shall not be responsible for any products, merchandise or prizes promoted on or purchased through the use of the system, unless such product, merchandise or prizes are provided directly by Haiti Live Networks, LLC.
14. Limitation of Liability: Haiti Live Networks, LLC., does not warrant that the Services or Equipment provided by Haiti Live Networks, LLC., will perform at a particular speed or will be uninterrupted, or error-free. The Services can vary depending on location, line quality, inside wiring, Internet traffic, and other factors beyond the control of Haiti Live Networks, LLC., In no event shall Haiti Live Networks, LLC., (or its officers, employees, parent, subsidiaries, or affiliates), its third party licensors, providers or suppliers, be liable for: (i) any direct, indirect, special, consequential or incidental damages, including without limitation, lost profits or loss of revenue or damage to data arising out of the use, partial use or inability to use the Services, regardless of the type of claim or the nature of the cause of action, including without limitation, those arising under contract, tort, negligence or strict liability, even if Haiti Live Networks, LLC., has been advised of the possibility of such claim or damages, or (ii) any claims against Customer by any other party.
15. Choice of Law: Customer and Haiti Live Networks, LLC., agree that this Agreement, and any supplements, modifications, addendums and any other change, and the relationship it creates between Customer and Haiti Live Networks LLC., shall be construed by and covered under and in accordance with the laws of the State of New Jersey without reference to its principles of conflicts of laws.
16. ACCESS TO SERVICES: In order to use the Website or Other Connected Devices Or Services or the Services or access the Content, you must obtain access to the World Wide Web and pay any access fees which are associated with selected Pay Services or VOD Services as applicable. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. The Services are subject to transmission limitations of the Internet, including, but not limited to, video and/or audio dropouts, rebuffering or loss of connection. Programming, pricing, terms and conditions of Services are subject to availability and change at Haiti Live Networks’ sole discretion.
17. Customer Equipment: Haiti Live Networks assumes no responsibility for the maintenance or repair of equipment it did not provide, including but not limited to iPad®, Roku, modem and router.
19. USER PASSWORD AND SECURITY: You will receive a password upon completing the registration process for use of the specific Services that require registration. You are responsible for maintaining the confidentiality of the password and are fully responsible for all activities that occur under your password. You acknowledge and agree that Haiti Live Networks and their vendors have no responsibility or liability for any loss or damage arising from your failure to comply with this Section. Furthermore, sharing of user name and password is expressively prohibited. Any violation of this section may result in the immediate suspension or termination of your subscription to the Services and liability for any and all remedies available to it, including these found herein, and damages incurred by Haiti Live Networks as a result of such violation. By registering for the Services, and in addition to any other remedies available at law and at equity, and at Haiti Live Networks’ sole election, Haiti Live Networks shall have the right to terminate your Services and charge you a fee as see fit and dictated by its policies for any violation of your password or security obligations hereunder.
20. Service restrictions: Once registered to the BWATLA services, whether on a single or multiple platform service package, the user can only access one platform at a time with the ID login registered for the PC, Mac, iPad, STB or ROKU devices if they are all linked to one account. Only one account ID will access any of the eligible platforms at a time.
21. Services and the Content you will not:
a. upload, post, email or otherwise transmit or link to any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of anyone’s privacy, hateful, fraudulent, pornographic, profane, offensive, or racially, ethnically or any other act that Haiti Live Networks judges to be otherwise objectionable, or that discloses personal information or private matters concerning any person, or restricts or inhibits any other person from using or enjoying any Website, or may expose Haiti Live Networks or their Web Members to any harm or liability of any type, in each case as determined by Haiti Live Networks;
b. intimidate or harass another through either affirmative or passive means (offenders risk, at Haiti Live Networks’ sole discretion, suspension and/or permanent banishment from the Website or Other Connected Devices Or Services, as each member is solely responsible for his or her interactions with other Web Members);
c. harm or attempt to harm minors in any way;
d. impersonate any person or entity, including, but not limited to, a Haiti Live Networks Officer or employee, an affiliate or program personality, a current or former Haiti Live Networks employee or affiliate or a Website forum leader, Web Member, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
e. upload, post, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other intellectual property right of any party; g. upload, post, email or otherwise transmit any advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation;
h. harvest or collect email addresses or other contact information of other users from the Services or the Website or the Other Connected
a. Haiti Live Networks assumes no liability for any program or information distributed over the system unless produced by Haiti Live Networks. Haiti Live Networks shall not be responsible for any products, merchandise or prizes promoted on or purchased through the use of the system, unless such product, merchandise or prizes are provided directly by Haiti Live Networks.
b. Adaptive Streaming: In order to provide you with the best experience, Haiti Live Networks utilized the Adaptive Streaming technology by default which will automatically adapt the best picture quality based on your Internet speed. Please note, if your Internet service provider imposed limitation of data allowance to the Internet service you subscribed to, you are advised to manually adapt the picture quality by accessing setting section of your account to better adjust your data use. For more information, please call our customer service (as set forth in Section 23).
22. USER CONDUCT: You agree that in connection with your use of the Website, the Other Connected Devices Or Services, the DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE WEBSITE, THE OTHER CONNECTED DEVICES OR SERVICES, THE SERVICES, THE CONTENT AND ANY THIRD PARTY MATERIALS IS AT YOUR SOLE RISK. THE WEBSITE, THE OTHER CONNECTED DEVICES OR SERVICES, THE SERVICES, THE CONTENT AND ANY THIRD PARTY MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE Haiti Live Networks ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
b. THE Haiti Live Networks ENTITIES MAKE NO WARRANTY WHATSOEVER THAT: (i) THE WEBSITE, THE OTHER CONNECTED DEVICES OR SERVICES, THE SERVICES, THE CONTENT OR THE THIRD PARTY MATERIALS WILL MEET YOUR REQUIREMENTS,
(ii) THE WEBSITE, THE OTHER CONNECTED DEVICES OR SERVICES, THE SERVICES, THE CONTENT OR THE THIRD PARTY MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE WEBSITE, THE OTHER CONNECTED DEVICES OR SERVICES, THE SERVICES, THE CONTENT OR THE THIRD PARTY MATERIALS WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE, THE OTHER CONNECTED DEVICES OR SERVICES, THE SERVICES OR THE CONTENT WILL MEET YOUR XPECTATIONS,
(v) ANY ERRORS IN THE WEBSITE, THE OTHER CONNECTED DEVICES OR SERVICES, THE SERVICES, THE CONTENT, OR THE THIRD PARTY MATERIALS WILL BE CORRECTED, AND
(vi) THE WEBSITE, THE OTHER CONNECTED DEVICES OR SERVICES, THE SERVICES, THE CONTENT OR THE THIRD PARTY MATERIALS WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR OTHER CONNECTEDDEVICES OR SERVICES OR THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM ON ANY OTHER EQUIPMENT OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR ACCESS OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR OTHER CONNECTED DEVICES OR SERVICES OR THROUGH OR FROM THE SERVICES OR THE CONTENT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TOS.
LIMITATION OF LIABILITY: YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE Haiti Live Networks ENTITIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, NCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR INTANGIBLE LOSSES (EVEN IF THE Haiti Live Networks ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), IN CONTRACT, TORT OR ANY OTHER CAUSE OF ACTION WHATSOEVER, RESULTING FROM:
(i) THE USE OR THE INABILITY TO USE THE WEBSITE, THE OTHER CONNECTED DEVICES OR SERVICES, THE SERVICES, THE CONTENT OR THE THIRD PARTY MATERIALS;
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE, THE OTHER CONNECTED DEVICES OR SERVICES, THE SERVICES OR THE CONTENT;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS POSTED BY, OR THE CONDUCT OF, ANY THIRD PARTY ON THE WEBSITE, THE OTHER CONNECTED DEVICES OR SERVICES, THE SERVICES OR IN THE CONTENT, INCLUDING, WITHOUT LIMITATION, THE POSTING ORTRANSMISSION BY THIRD PARTIES OF DEFAMATORY, OFFENSIVE OR ILLEGAL MATERIAL; OR (v) VIOLATION OF ANY LAW OR REGULATIONS DUE TO VIEWING OR DOWNLOADING OF CONTENT OR OTHER USE OF THE SERVICE
(vi) ANY OTHER MATTER RELATING TO THE WEBSITE, THE OTHER CONNECTED DEVICES OR SERVICES, THE SERVICES, THE CONTENT OR THE THIRD PARTY MATERIALS. THIS LIMITATION OF LIABILITY APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY ANY ERROR, OMISSION OR OTHER FAILURE OF PERFORMANCE BY THE Haiti Live Networks ENTITIES, THEIR AFFILIATES AND BUSINESS PARTNERS; ANY INTERRUPTION, DEFECT OR DELAY IN OPERATION OR TRANSMISSION, INCLUDING COMMUNICATION LINE FAILURE; ANY COMPUTER VIRUS; AND ANY THEFT, DESTRUCTION OR ALTERATION OF, OR UNAUTHORIZED ACCESS TO OR USE OF, ANY ELECTRONIC RECORDS.
e. EXCLUSIONS AND LIMITATIONS: SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 16 AND 17 MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF THE Haiti Live Networks ENTITIES SHALL BE LIMITED SOLEY TO THE EXTENT NECESSARY TO MINIMALLY COMPLY WITH APPLICABLE LAW. UNLESS OTHERWISE PROHIBITED BY LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE Haiti Live Networks ENTITES TO YOU EXCEED THE FEES PAID BY YOU (IF ANY) FOR THE SERVICES OR CONTENT OR THIRD PARTY MATERIALS GIVING RISE TO SUCH LIABILITY.