B2 Networks Terms and Conditions of SALE
Thank you for visiting B2 Networks, Season Pass and
Subscription System (the "Site"). These Terms and Conditions of Use ("Terms of
Use") govern your use of the Site. You may wish to print this page for
reference. Limited use of the Site is offered to you by B2 Networks subject to,
and conditioned upon your acceptance of, these Terms of Use.
1. LICENSE
1.1 B2 Networks grants you a license to view and use the
particular channel(s) an season pass(es) to which you have subscribed.
Subscriber Payment for particular channel(s) or season passes on B2 Networks is
made on a month-to-month basis or yearly packages. You will automatically be
charged the monthly/yearly subscriber fee until the end of the term you signed
up for or your subscription is cancelled by B2
Networks. If you purchase a monthly/yearly subscription to access a particular
channel/channel bundles and /or season pass(es) and cancel at any time during
that subscription month/year, B2 Networks will not refund any of your
subscription charges for that particular month/year. B2 Networks has provided
free demonstration video streams to test your ability to received video streams
from B2 Networks. They are available at
http://www.b2now.com/setup.htm It is required that you test these free demonstration video
streams before subscribing to any B2 Networks video channel(s) or season pass(es). B2 Networks will not
provide any refund to users for reasons related in any way to the users ability
to receive a satisfactory video stream from B2 Networks and or specific event broadcast(s) that are cancelled for any reason.
1.2 Copyright. The Site Content and Site Code are owned
by B2 Networks and/or its licensors and content providers and are protected by
applicable domestic and international copyright laws. Copyright B2 Networks,
Inc. All Rights Reserved. Unless expressly permitted elsewhere in the Site by B2
Networks, you shall not 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. Links to the Site,
other than to the Home Page, are only permitted upon express permission from and
arrangement with B2 Networks. Any rights not expressly granted to you in are
reserved. Any violation of copyright laws may result in severe civil and
criminal penalties. Violators will be prosecuted to the maximum extent possible.
1.3. Trademark. B2 Networks and B2 Networks LLC are
trademarks and service marks belonging to B2 Networks, Inc. (the "B2 Networks
Marks"). Any product, service, or trade name other than those owned by B2
Networks 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 B2 Networks Marks or Marks contained
within a B2 Networks broadcast is strictly
prohibited.
2. USE OF THE SITE, GENERAL TERMS
2.1 License. B2 Networks grants you a non-exclusive,
non-transferable, limited right and license to access and use this Site, and
view the channel(s) subscribed by you by way of one (1) computer connected to
the Site over the Internet at any given time, and in strict conformity with
these Terms of Use. You may not publicly display any portion of the Site, or
any films or other audiovisual or digital works available at this Site, without
a written license signed by a party authorized to legally bind B2 Networks to
such a contractual arrangement. Any other use or exploitation of this Site,
including the Site Content or Site Code, is strictly prohibited
2.2 Fee-Based Service Charges. Video channel(s) and season
Passes on the Site are available only on a monthly/yearly subscriber fee basis
(that is, you must pay a monthly/yearly fee to access these video channel(s) and
or season Pass(es)). These services are sometimes referred to herein as the
"Fee-Based Services" or "Subscription Fee Services". Payment of a monthly/yearly
subscription fee entitles you to watch the applicable channel(s) or season
Pass(es) video during the applicable month/year.
2.2.1 You agree to pay, using a valid credit card which B2
Networks accepts, the PPV, video channel or season pass subscription charges set
forth on the Site, applicable taxes, and other charges incurred on your account
in order to access these services. B2 Networks 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. B2 Networks will
automatically charge your account for renewal of your monthly/yearly site
subscription. The renewal charge will be the same as the prior month/year's
charge, unless otherwise notified in advance. In the event B2 Networks cannot
charge your account, we reserve the right to terminate your access to the
Fee-Based Services.
2.2.2 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 or local loop broadband access lines (including
long-distance charges, when applicable), DSL or cable modems fees from your ISP
or Cable Company, telephone and computer equipment and any service fees
necessary to access the Fee-Based Services.
2.3 Non-Commercial/Personal Use Limitation. B2 Networks
grants you this license for the limited purpose of personal use, and not for any
commercial purpose. No business entity (e.g., corporation, partnership, sole
proprietorship) is licensed to use this Site, the video channels, images or
descriptions within the video broadcasts 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.
2.4 Nature of Services. B2 Networks offers its Site
services for entertainment purposes only. B2 Networks 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, B2 Networks is not responsible for errors in or omissions from
the information contained or accessed through the Site. ALL INFORMATION AND
CONTENT ON THE SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS
OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
2.5 Username/Password. B2 Networks may issue you a username
and/or password for access to certain portions of, 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 persons access to or use of such username or password. B2
Networks shall not be responsible whatsoever in the event that your password is
misappropriated by a third party.
2.7 Reservation of Rights. Any rights not expressly granted
by B2 Networks herein are reserved. You may not download, modify, publish, post,
transmit, transfer or sell, reproduce, create derivative works from or based on,
distribute, perform, publicly display, or in any way exploit any of the Site
Content, in whole or in part, without the prior written consent of a party
authorized to bind B2 Networks, except as expressly permitted in these Terms of
Use.
3 TERMS RELATING TO SUBSCRIPTION OFFERINGS
3.1 Terms relating to Subscription offerings.
3.1.1 Our Subscription offerings are available at different
price points, currently ranging from US6.00 USD to 200.00 USD per channel per
month/year and we reserve the right to change those at any time. At any event,
whatever the price, it will always be clearly marked on the subscription page
for the channel, season pass, or event and clearly marked when you enter your
credit card information.
3.1.2 A valid credit card (VISA, MasterCard, AMEX) is
required to pay for the Subscription offerings. The Subscription fee will be
charged only when you submit the credit card info to us by clicking the submit
button on the Site or by other means, i.e. phone call or fax, which gives
permission for B2 Networks to charge your account..
3.1.3 Once you subscribe to a particular video channel(s),
season pass(es) or event you're not limited to watching it on one computer. You
are limited to watching it on one computer at one given time but can do so from
multiple computers. We do, however, reserve the right to change that policy at
any time and from time-to-time.
3.2 Terms relating to our Subscription Service.
3.2.1 In order to subscribe to our subscription service(s)
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
MONTH/YEAR 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), season pass(es) and/or events that you have subscribed to. If you
require assistance or have questions regarding these services, just email customer service at
wtvcserv@b2-networks.com .
4 DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
4.1 As with any on-line interaction and electronic
communication, there is an inherent risk involved in transmitting any
information via the Internet. B2 Networks does not and cannot guarantee that its
system is free from hackers or viruses or that information provided by users to
B2 Networks will not be stolen or otherwise surreptitiously obtained. B2
Networks is not responsible or liable for any infections or contamination of
your system or delays, inaccuracies, errors, or omissions arising out of your
use of this Site or with respect to the Materials contained on this Site. You
hereby acknowledge and understand that such risk is inherent in interacting with
any website, including this Site, and take full responsibility for any harm,
danger or damage that ensues due to any such breach in security. Pursuant to
these Terms of Use, B2 Networks expressly disclaims any such liability. In
addition, you agree to be responsible for obtaining and maintaining all
telephone, computer hardware and other equipment needed for access to and use of
this Site and you shall be responsible for all charges related thereto.
4.2 NEITHER B2 NETWORKS 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 B2 NETWORKS, 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 CONTENT ARE
DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS. B2 NETWORKS 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.
4.3 NEITHER B2 NETWORKS, ANY THIRD PARTY CONTENT PROVIDER
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, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
4.4 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 B2 NETWORKS, THIRD PARTY CONTENT PROVIDERS, AND THEIR RESPECTIVE
AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
4.5 Termination. In addition to any other rights of the
parties set forth herein, either you or B2 Networks may cancel or terminate this
Agreement at any time in accordance with the subscription help instructions. B2
Networks 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 B2 Networks
terminates this Agreement based on a breach of any portion of this Agreement, B2
Networks reserves the right to refuse to provide a subscription or any Fee-Based
Services to you in the future.
5 GENERAL TERMS.
5.1 Notices. Notices by B2 Networks to you may be given by
means of a general posting at the Site. Notices (including questions,
complaints, or legal notices) by you may be given by electronic messages or
conventional mail, unless otherwise specified in these Terms of Use as follows:
(i) Electronic mail (e-mail) must be sent to
wtvcserv@b2-networks.com
(ii) Mail and courier deliveries must be sent to: B2
Networks, Inc., 13330 Noel Road, Suite 308, Dallas, Texas 75240
5.2 Governing Law/Forum Selection. These Terms of Use are
governed by the laws of the State of Nevada in Clarke County for and with
contracts made and performed solely in the State of Nevada, without regard to
conflict of laws principles. You hereby consent to the exclusive jurisdiction
and venue of the courts in Clarke County, Las Vegas, Nevada in any and all
claims or disputes arising out of, to enforce, construe, or otherwise relating
to these Terms of Use or this Site.
5.3 Full Integration. These Terms of Use constitute the
entire agreement between you and B2 Networks related to this Site. No prior or
contemporaneous written, oral, and electronic representation, negotiation, or
agreement form a part of this agreement, and these Terms of Use supersede all
prior written, oral, or electronic agreements between you and B2 Networks
relating to this Site.
5.4 Written Agreement. These Terms of Use constitute a
written agreement between you and B2 Networks. A printed version of these Terms
of Use, and of any notice given in electronic form related to this agreement,
shall be admissible in judicial or administrative proceedings to the same
extent, and subject to the same restrictions, as other business contracts,
documents, or records originally generated and maintained in printed form.
5.5 B2 Networks makes no representation or warranty that
the Materials in this Site are legal, appropriate or available for use in all
locations. Those who choose to access this Site do so at their own risk and are
responsible for compliance with any and all local laws, if and to the extent
local laws are applicable.
5.6 Electronic Form of Agreement. You hereby waive any and
all defenses you may have based on the electronic form of these Terms of Use and
the lack of signing by the parties hereto to execute these Terms of Use.
5.7 Modifications. B2 Networks 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 B2 Networks 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 current subscription rules in effect at the time of
cancellation. B2 Networks 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. B2 Networks
may also impose limits on certain features and services or restrict your access
to parts or all of the B2 Networks Site without notice or liability.
5.8 You hereby give B2 the right to email you regarding
this subscription, purchases and like offering to you at your registered email
address.
5.9 The parties hereto have expressly required that this
Agreement and all deeds, documents and notice relating thereto be drafted in the
English Language.