1. Agreement
This Agreement sets out the terms and conditions for a user intending to subscribe, avail or access the Global Takeoff services. The services provided by Global Takeoff pursuant to this Agreement are services which would be made available to a user upon payment of a charge for such services. The User is required to accept the terms and conditions of this Agreement to avail such access and services.
2. The Services
Global Takeoff provides online entertainment services (Services) such as access to digital content, including but not limited to audiovisual programs, movies, music videos, linear television channels, events, soaps, serials, trailers and other audio visual programs (Content) at a price and on the terms and conditions as set out in this Agreement.
YuppTV grants you a non-exclusive, non-sub licensable, non-transferable, limited right to access and use this Site, and view the channel(s) subscribed to by you by way of one (1) computer (or other applicable device) owned or controlled by you, 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. Any other use or exploitation of this Site, including the content on the Site (the "Site Content") and the software used by YuppTV to provide the Site (the "Site Code"), is strictly prohibited.
The Site Content and Site Code are owned by Yupp TV and/or its licensors and content providers and are protected by applicable domestic and international copyright laws. Copyright 2007 YuppTV Inc. All Rights Reserved. Unless expressly permitted elsewhere in the Site by YuppTV, you shall not record, copy, distribute, publish, perform, modify, download, transmit, transfer, sell, license, reproduce, create derivative works from or based upon, distribute, post, publicly display, frame, link, or in any other way exploit any of the Site Content or Site Code, in whole or in part. Any rights not expressly granted to you are reserved. Any violation of copyright laws may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
3. Registration
Every User is required to register with Global Takeoff and the Services. The User will be required to provide certain information at the time of registration and will be assigned an account (Account) with a username and a password. Registration permits the User to subscribe to the Services and to purchase limited rights to the Content.
The User agrees to provide accurate, complete and valid information at the time of registration and/or subscription and undertakes to keep such information current and updated. The User also undertakes to keep details of the Account and the password secret and safe from unauthorized and inappropriate use. The User acknowledges that Global Takeoff shall not be liable to the User or any third party for loss or misuse of the information relating to the Account or the password.
Global Takeoff has the right to terminate the Service to any User if any information provided by such user is false, inaccurate or misleading.
The User acknowledges that Global Takeoff will retain and maintain the registration information (including information relating to the credit card of the User) to maintain the Users accounts and for billing purposes and the User expressly consents to the retention and use of such information by Global Takeoff.
4. The Account
The User is solely responsible for maintaining the confidentiality and security of the Account and is advised against revealing any Account information to any other person. The User is also singularly responsible for all activities that occur on or the Account and the User shall immediately notify Global Takeoff of any unauthorized use of the Account or any other breach of security. The User may change or retrieve a forgotten password at any time by following the instructions on the login page.
Global Takeoff shall not be responsible for any losses arising from the unauthorized use of the Account. The User is responsible in all respects for any material purchased and received by the User and Global Takeoff shall not be liable in the event of any loss, destruction, or damage of any such material purchased by the User..
5. Subscription
User may apply for termination of the monthly subscription anytime. His/her subscription would get terminated at the end of that month and would not be charged from next month onwards.
Global Takeoff will not refund any unutilized price for any part of the Services. However, termination of the subscription shall not relieve the User of any obligations (including, but not limited to the payment for the Services) as set forth in this Agreement.
Cancellations of quarterly, half-yearly and yearly packages will not be permitted as they are available to consumers at discounted prices. In exceptional cases of non-recurring subscription cancellation, any refund (if given) will be calculated on the basis of monthly subscription prices of the respective package.
Global Takeoff management decision would be the final decision in any such non-recurring subscription termination.
6. Payment
The User shall provide Global Takeoff with a valid credit card for the payment of all monies due and payable for the use of the Services and the User hereby expressly authorizes Global Takeoff to bill, charge and collect against the said credit card for purchases and other transactions in respect of the Services.
The User agrees to pay for all Services and subscriptions purchased through the Services as and when they become due and payable. Global Takeoff may bill /charge the Users credit card for any fees or purchases or other charges and for any additional amounts (including any taxes and late fees, as applicable) as may have accrued to or incurred by or in connection with the Account and the use of the Services.
The Users use of the Services includes the ability to enter into agreements and/or to make purchases electronically. The User expressly acknowledges and undertakes that any and all electronic submissions by the User shall be binding on the User and shall constitute the Users intent to be bound by the terms of this Agreement and to comply with the payment requirements including payments for the purchase of any of the Services or charges in respect thereof and be liable to pay monies which may become due and payable in accordance with the terms of this Agreement. The User shall also be bound by electronic submissions in respect of all records relating to all transactions including notices of cancellation/ termination, policies, contracts, and applications.
The User may request for information related to purchase transactions at any time by contacting info@globaltakeoff.com. However, Global Takeoff shall not send physical copies of any statements to any user.
7. Transmission
Global Takeoff will make all reasonable efforts to ensure that the Content reaches the User. The User acknowledges that at times this may be affected by things beyond the control of Global Takeoff due to force majeure including interruptions due to storm, fire, casualty, unanticipated work stoppage, power outage, satellite failure, strike, lockout, labor dispute, civil disturbance, riot, war, national emergency, act of Government, act of public enemy, or other cause of similar or dissimilar nature and agrees that Global Takeoff shall not be liable for any delay or disruption caused by such interruptions.
On occasion, technical problems may delay or prevent delivery of the product or services requisitioned by the User. Global Takeoff shall, at its exclusive option and discretion, either replace the product or service which was not delivered or refund within a reasonable period the purchase price paid for such product or service.
The User acknowledges that while using the Services, the User may encounter content that may be deemed offensive, indecent, or objectionable. The User agrees to use the Services at the sole risk and discretion of the User and that Global Takeoff shall not be liable to the User for any content that may be found to be offensive, indecent, or objectionable.
The User acknowledges that some aspects of the Services entail the ongoing involvement of Global Takeoff and that interruptions or discontinuation may occur when Global Takeoff is implementing any changes to the Services and that the User may not be able to use the Services to the same extent as prior to such change or discontinuation and that Global Takeoff shall have no liability to the User in such case.
Global Takeoff reserves the right to change, suspend, remove, or disable access to any Services, content, or other materials comprising any part of the Services at any time without notice. In no event will Global Takeoff be liable for the removal of or disabling of access to any such Services, content or materials under this Agreement. Global Takeoff may also impose limits on the use of or access to certain features or portions of the Services, in any case and without notice or liability..
8. Restrictions
The User acknowledges that the Services and the products purchased through the Services include a security framework which uses technology that protects digital information and limits the usage of the products and the Services to certain usage rules established by Global Takeoff and its licensors. The User shall be authorized to use the products and the Services only for personal and non-commercial use. The User shall not to attempt to, or assist another person to, circumvent reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components related to such Usage Rules for any reason whatsoever. Usage Rules may be controlled and monitored by Global Takeoff for compliance purposes and Global Takeoff reserves the right to enforce the Usage Rules with or without notice to the user.
9. Promotions
Global Takeoff may offer users certain promotional offers from time to time. Entitlement to promotional offers shall be subject to the eligibility criteria set out in such offers. Global Takeoff reserves the right to change or terminate the promotional offers any time at its own discretion. A user who takes up a promotional benefit by virtue of his registration for a purchase plan and who subsequently terminates such purchase plan before the expiry of the plan shall be charged for the promotional benefit received by the User.
10. System Requirements
Use of the Services to access movies, music videos/audios or television programs requires a compatible device, Internet access and certain software and may require obtaining updates or upgrades from time to time. The ability of the User to use the Services may be affected by the performance of these factors. High speed Internet access/Broadband is recommended for availing the use of the Services.
11. Privacy Policy
The Privacy Policy is incorporated into and forms a part of this Agreement. Global Takeoff may use any personal information provided pursuant to this agreement in accordance with the provisions of the Privacy Policy.
12. Third Party materials and websites
The User acknowledges that certain content, products and services available via the Services may include materials from third parties. In addition, Global Takeoff may provide links to certain third party websites. The User acknowledges and agrees that Global Takeoff shall not be responsible for examining or evaluating the content or accuracy of any such third-party material or websites. Global Takeoff does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
13. Enforcement
Global Takeoff reserves the right to take all necessary and appropriate steps to enforce and/or verify compliance with any part of this Agreement (including but not limited to Global Takeoffs right to cooperate with any legal process relating to the Users use of the Services and/or products, and/or a third party claim that the Users use of the Services and/or Products is unlawful and/or infringes such third party’s rights). The User agrees that Global Takeoff has the right, without liability, to disclose any registration data and/or account information to law enforcement authorities, government officials, and/or a third party, as Global Takeoff believes to be reasonably necessary or appropriate.
14. Minor
A user who is a minor under the age of 18 is required to review the terms of this Agreement a parent/guardian to ensure that the user and the parent/guardian understands these terms and conditions. Purchase of the Services by the User would require an authorized credit card holder (parent/guardian) to take responsibility and liability for payment of the Services used.
15. Proprietary Rights
The User acknowledges and agrees that the Services, including but not limited to graphics, audio and film clips and editorial content, contains proprietary information and material that is owned by Global Takeoff and/or its licensors and is protected by applicable intellectual property and other laws, including but not limited to copyright, trademark and other proprietary rights. The User shall not use such proprietary information or materials in any way whatsoever except for use of the Services in compliance with the terms of this Agreement. No portion of the Services may be reproduced in any form or by any means.
The User agrees not to, in any manner, modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, and shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, trespass or burdening the network capacity.
All copyright in and to the Services, including but not limited to Services and products (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources), audio visual clips, films, graphics, images, animations, illustrations, editorial content and software are owned by Global Takeoff and/or its licensors. Any duplication or use of these in other electronic or printed publications is not permitted. The use of the software or any part of the Services, except for use of the Services as permitted in this Agreement is strictly prohibited and shall infringe on the intellectual property rights of Global Takeoff and/or its licensors. Infringement of these copyrights may subject the User to civil and criminal penalties, including monetary damages.
Global Takeoff, the Global Takeoff logo and other Global Takeoff trademarks, service marks, graphics, and logos used in connection with the Services are trademarks or registered trademarks of Global takeoff. The User is not granted any right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
16. Disclaimers
Global Takeoff does not guarantee, represent, or warrant that the use of the Services will be uninterrupted or error-free and the User agrees that from time to time, Global Takeoff may remove or suspend the Services for indefinite periods of time, or cancel or terminate the Services at any time, with or without notice to the User.
The User expressly agrees that the use of, or inability to use, the Services is at sole risk of the User. The Services and all products and services delivered to the User through the Services are provided on an as is and as available for the Users use, without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
17. Liability
Global Takeoff , its directors, officers, employees, affiliates, agents, contractors, or licensors shall not be, at any time and for any reason whatsoever, liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from the Users use of any of the Services or for any other claim related in any way to the use of the Services, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content (or product) posted, transmitted, or otherwise made available via the Services, even if advised of their possibility. In states or jurisdictions which do not allow the exclusion or the limitation of liability for consequential or incidental damages, Global Takeoffs liability shall be limited to the extent permitted by law.
Global Takeoff shall use reasonable efforts to protect information submitted by the user in connection with the Services. The User, however, acknowledges and agrees that the submission of such information is at the sole risk of the user and Global Takeoff hereby disclaims any and all liability to the User for any loss or liability relating to such information in any way.
Global Takeoff does not represent or guarantee that the Services will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion and Global Takeoff disclaims any liability relating thereto and the User shall be solely responsible for backing up the Users system.
18. Waiver & Indemnity
By using the Services, the User agrees to indemnify and hold Global Takeoff, its directors, officers, employees, affiliates, agents, contractors and licensors, harmless with respect to any claims arising out of the Users breach of this agreement, use of the Services, or any action taken by Global Takeoff as part of its investigation of a suspected violation of this agreement or as a result of its finding that a violation of this agreement has occurred. The User shall not sue or recover any damages from Global Takeoff, its directors, officers, employees, affiliates, agents, contractors, and licensors as a result of its decision to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to the Services, or to take any other action during the investigation of a suspected violation or as a result of Global Takeoff conclusion that a violation of this agreement has occurred. This waiver and indemnity provision shall apply to all violations described in or contemplated by this agreement.
19. Termination
This Agreement or the Users subscription may be terminated by Global Takeoff if the User fails or Global Takeoff suspects that the User has failed to comply with the any of the provisions, including but not limited to failure to make payment of fees due, failure to provide Global Takeoff with a valid credit card or with accurate and complete registration data, failure to safeguard Account information, or violation of the usage rules or any license to the software, of this Agreement. Alternatively, Global Takeoff may, at its discretion terminate the license to the software; and/or preclude access to the Services (or any part thereof). Global Takeoff may or may not give the User a notice of such termination. The User you will remain liable for all amounts due under the Account up to and including the date of termination.
Global Takeoff reserves the right to modify, suspend, or discontinue the Services (or any part or content thereof) at any time with or without notice to the User and Global Takeoff shall not be liable to the User or to any third party upon exercise of such right.
20. Modifications
Global Takeoff reserves the unilateral right to, at any time, update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on the use of the Services. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions will be effective immediately and shall be deemed to be incorporated into this Agreement by reference. The User is advised to periodically review this Agreement to remain updated on the terms and conditions of this Agreement. The Users continued use of the Services following such incorporation will be deemed to constitute the Users acceptance of any and all such modifications.
21. Notices
Global Takeoff may notify the User with respect to the Service by sending an email message to the email address or by sending a letter via postal mail to the contact address listed in the Account contact information.
Notices to Global Takeoff must be sent to info@globaltakeoff.com and all notices must clearly bear the name, account name, address, telephone number and e-mail of the User.
22. Governing Law
This Agreement is governed by the laws of the United States and the federal state of Georgia and is subject to the exclusive jurisdiction of the courts at Georgia. The Users use of the Services may also be subject to other local, state, national, or international laws. The User expressly agrees that exclusive jurisdiction for any claim or dispute with Global Takeoff or relating in any way to the use of the Services shall be of the courts of Georgia, United States of America.