Terms of Service
Welcome to medialauncher.tv. Media Launcher operates medialauncher.tv services under various top-level domains (medialauncher.tv, medialaunch.tv, etc.), as well as various sub-domains and aliases of these domains. All websites on which medialauncher.tv. provides Media Launcher Services are hereinafter referred to as "Media Launcher."
Media Launcher does not host, provide, archive, store, duplicate or distribute media of any kind. It acts merely as an index (or directory) of media posted on the internet. The content is streamed directly from web servers, which is completely outside of our control. We are not responsible for these servers. We do not host nor distribute video content. Media Launcher respects the rights of others, and prohibits the use of referenced material for any purpose other than that for which it is intended (where such use is lawful and free of civil liability or other constraints) and in such circumstances where possession of such material may have any adverse financial, prejudicial or any other effect on any other third party.
Kodi, the software powering the Media Launcher TV unit and it's add-ons are supplied by third party developers not under the control of Media Launcher nor the Kodi Organization. Certain channels or add-on applications may be illegal in certain countries. You download these at your own risk and must fully research the legal conditions in your own country yourself.
These Terms & Conditions shall govern the contract relationship between you and Media Launcher, irrespective of which medialauncher.tv Website you are registered with or logged on to.
From time to time, medialauncher.tv may revise these Terms and Conditions, in its sole discretion, by posting updated versions at http://www.medialauncher.tv/tos/ or by notifying you by other means. All such modifications to the Agreement shall become effective upon the posting of the revised Agreement to http://www.mmedialauncher.tv/tos/ or by your receipt of notification of a change to the Agreement. If you do not agree to the revised terms, you should not use or access the Site or the Services.
Our service is in the form of open-source software with which users may enjoy content available freely on the Internet. The equipment is provided by MediaLauncher.tv
To use the Service, you must have a working, modern day TV as well as a reliable Internet connection of preferably 5 meg or more.
As a general rule you should stay out of Settings altogether aside from connecting to your network. The reason being, you can do irreparable damage here which can range from erasing your shortcut or favorite preferences to restoring your Media Launcher TV Box to factory settings. Please DO NOT tinker around in the settings. This includes Appearance Settings. Your Media Launcher TV Box is a very complex system and that complexity relies on operating under precise specifications. Any minor change can have adverse effects across the entire system. That said, we are not responsible for user errors. If you did not heed our warning and your Media Launcher TV Box is no longer working as a result of something you did, well, that's too bad. Fear not, we will fix it for you but that will require you to send it back to us. You will be responsible for return shipping and a $50 reprogramming fee.
THIRD PARTY PRODUCTS
In connection with your use of the Site or the Services, you may be made aware of services, products, offers and promotions provided by third parties. If you decide to use such third party services, you are responsible for reviewing and understanding the terms and conditions governing such third party services, and acknowledge that the third party is responsible for the performance of such services.
You are fully aware of the fact that we shall not have any responsibility or liability with regard to any third party services used by you on or through your Media Launcher TV Box, such as any use of third party services shall be at your own responsibility and liability. You further acknowledge that the providence of technical ability to link to such services, is provided only as part of the Services but shall not be deemed as to create any liability or legal responsibility on behalf of medialauncher.tv.
REGISTRATION AND ACCOUNT MANAGEMENT
To register as an Account Holder, you must provide us with a valid email address and other information ("Registration Data") including among others: your name, email address, company name, field of business and website URL. By using the Services, you agree to:
Provide true, accurate, current and complete Registration Data as prompted by the registration process;
Maintain and promptly update the Registration Data to keep it accurate, current and complete;
Maintain the security and confidentiality of your password and any other security or access information used by you to access the Site or Services;
Refrain from transferring your user account on the Services to any other party without our prior written consent;
Refrain from impersonating any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other Registration Data;
Immediately notify us in writing if you become aware of any loss, theft or use by any other person or entity of any of your Registration Data in connection with the Site or the Services or any other breach of security that you become aware of involving or relating to the Site.
We assume that any communications and other activities through use of your Registration Data were sent or authorized by you, and you are fully responsible for all activities that occur under your Registration Data.
If we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Service or any portion thereof.
You declare that by providing your Registration Data to us, you hereby consent to, us sending, and you receiving, by means of telephone, facsimile, SMS or e-mail, communications containing content of a commercial nature relating to your use of our Site, our Services and related services, including further information and offers from us that we believe you may find useful or interesting, such as newsletters, marketing or promotional materials. These communications may be in the form of phone, fax, SMS or Email. You acknowledge that we do not have to obtain your prior consent (whether written or oral) before sending such communications to you, provided that we shall immediately cease to send any such further communications should you notify us in writing that you do not wish to receive such commercial content anymore.
PAYMENTS, REFUNDS AND TAXES
We reserve the right to change our prices at any time.
The Media Launcher TV Box include a 30-day money back guarantee. If you are dissatisfied with the product for any reason, you can receive a full refund if you cancel your business within 30 days of purchase. Please direct refund requests to email@example.com with the subject line: Refund Request.
We're super confident you're going to love your Media Launcher TV Box but if for any reason your Media Launcher TV Box needs to be returned, you will need your original invoice along with an order number. We cannot refund any items that are returned back to us without an order number. Please contact our suppot team if you do not know your order number.
When returning a product, please note:
- Return shipping fee has to be paid by the customer.
- We recommend that you use a tracking number.
- We are NOT responsible for lost packages.
- We do NOT reimburse return shipping costs or refund shipping costs.
- The merchandise MUST BE in its original packaging.
- All original equipment must be returned. If anything is missing replacement fees will be assessed. Except the popcorn - that's on us :)
- Include the original (or a copy) of your invoice with order number.
- All returns are subject to a 18% restocking fee.
- You have 30 days from purchase date to return a product.
You acknowledge and agree that the Services and Content, including without limitation the Software, the trademarks, service marks and logos contained on the Site ("Marks"), are protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or in information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
Subject to the terms of this Agreement and as long as this Agreement is not terminated, we grant to you, a nonexclusive, non-transferable, non-sublicensable right to display on your website a link to our homepage, as long as your use is not misleading, illegal or defamatory, or your website is not obscene, pornographic, inappropriate or illegal. You may display the logo only in the form and size provided to you. You may not use the logo in any way that suggests that MediaLauncher.TV endorses or sponsors your site, or that tarnishes, blurs or dilutes the quality of our trademarks or any associated goodwill, including without limitation displaying the logo on any page that contains infringing, misleading or illegal content.
THE CONTENT, THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITING THE ABOVE, (I) WE MAKE NO WARRANTY THAT THE SITE, THE SERVICES OR THE CONTENT WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, CONTINUOUS, TIMELY, SECURE, ACCURATE, CORRECT, COMPLETE OR AVAILABILE; (II) WE DO NOT ENDORSE OR APPROVE ANY CONTENT PROVIDED BY ANY PARTY OTHER THAN US AND DISCLAIM ALL LIABLITY WHATSOEVER THERETO; AND (III) WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THIS SITE, THE SERVICES OR THE CONTENT IN TERMS OF ITS CORRECTNESS, COMPLETENESS, RESULTS, AVAILABILITY, ACCURACY, RELIABILITY OR OTHERWISE.
LIMITATION OF LIABILITY
WHATEVER THE LEGAL GROUNDS, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY INJURY, DEATH, ACT OF GOD, ACCIDENT, DELAY, DIRECT OR INDIRECT, INCIDENTAL, LEGAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY (I) USE OR THE INABILITY (FOR ANY REASON) TO USE ANY PART OF THIS SITE OR THE SERVICES (INCLUDING WITHOUT LIMITATION INACCURACIES OR ERRORS OF INFORMATION AS A RESULT OF ACCESSING THIS SITE OR THE SERVICES), (II) ACTION OR INACTION IN CONNECTION WITH THIS AGREEMENT OR FOR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR (III) STATEMENTS OR CONDUCT OF YOU OR ANY THIRD PARTY ON THIS SITE OR YOUR WEBSITE OR MOBILE WEBSITE, INCULDING WITHOUT LIMITATION ANY SUBMISSIONS THEREON; IN EACH CASE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, whether based on contract, tort, negligence, strict liability or otherwise. All of the above limitations shall apply notwithstanding any failure of essential purpose of any limited remedy and are fundamental elements of the bargain between us and you. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or in connection with the Site, the Services, the Content or the Agreement must be filed within thirty (30) days after such claim or cause of action arose or be forever barred.
In the event this limitation of liability shall be for any reason held unenforceable or inapplicable, you agree that our aggregate liability shall not exceed amount paid by you to us pursuant to this Agreement.
YOU RELEASE, AND AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND AND HOLD HARMLESS US, OUR SUBSIDIARIES, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES, FROM ALL CLAIMS, LIABILITIES, LOSS AND DAMAGES (OF EVERY KIND, WHETHER KNOWN OR UNKNOWN AND SUSPECTED OR UNSUSPECTED) INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEY'S FEES RELATED TO IN ANY WAY TO: (I) YOUR USE OF, ACCESS TO OR RELIANCE ON THIS SITE, THE SERVICES OF THE MEDIA LAUNCHER TV BOX OR THE CONTENT, OR (II) YOUR VIOLATION OF ANY OF THE TERMS OF THIS AGREEMENT OR ANY APPLICABLE LAWS OR REGULATIONS. We will provide you with written notice of such claim. You will not enter into any settlement or compromise of any such claim without our prior written consent. We may assume the exclusive defense and control of any matter subject to indemnification by you. In all events, you shall cooperate fully in the defense of any claim. You agree not to download, distribute or disseminate in any way, the data or internet streams from your Media Launcher TV Box. THOUGH THE MEDIA LAUNCHER TV BOX SERVICES ARE PERFECTLY LEGAL AS OF THE PUBLICATION OF THIS TOS, YOU RECOGNIZE WE HAVE NO CONTROL OVER WHEN OR HOW GOVERNING LAWS COULD CHANGE IN THE FUTURE. YOU ACKNOWLEDGE THAT IN SOME JURISDICTIONS, THE PUBLICATION OF CERTAIN SOURCES OF DATA CAN LEAD TO CRIMINAL SANCTIONS. YOU FURTHER AGREE THAT YOU ALONE WILL PERSONALLY BE LIABLE FOR SUCH CRIMINAL SANCTIONS, IF THEY WERE TO SOMEHOW BE IMPOSED. YOU FURTHER AGREE THAT IF SUCH THINGS ARISE, MEDIA LAUNCHER OR IT'S ASSOCIATED COMPANIES SHALL NOT BE RESPONSIBLE IN ANY WAY.
WE DO NOT PERMIT COPYRIGHT INFRINGING ACTIVITIES AND INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS ON OUR WEBSITES, AND WE WILL REMOVE ALL INFRINGING CONTENT IF PROPERLY NOTIFIED THAT SUCH CONTENT INFRINGES ANOTHER'S INTELLECTUAL PROPERTY RIGHTS.
We respect the intellectual property rights of others, and it is our policy to respond to claims of alleged infringement that complies with the Digital Millennium Copyright Act (the "DMCA").
If you believe that any material contained on this Site infringes your copyright, you should notify this Site's Designated Agent listed below with the following information required under 17 U.S.C. -- 512:
Full Address of Designated Agent.
Your notice to the Designated Agent should be in English and contain the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; (b) a description of such copyrighted work(s) and an identification of what material in such work(s) is claimed to be infringed; (c) a description of the exact name of the infringing work and the location of the infringing work on the Services; (d) information sufficient to permit us to contact you, such as your physical address, telephone number and e-mail address; (e) a statement by you that you have a good faith belief that the use of the material identified in the manner complained of is not authorized by the copyright owner, its agent, or the law; (f) a statement by you that the information in the notification is accurate and, under penalty of perjury that you are authorized to act on the copyright owner's behalf.
The Copyright Agent will only respond to any claims involving alleged copyright infringement. Notwithstanding this section, we reserve the right at any time and in our sole discretion, to remove content which in our sole judgment appears to infringe the intellectual property rights of another person.
GOVERNING LAW AND EXCLUSIVE COURTS
This Agreement shall be governed by United States law without regard to its choice of law or conflicts of law principles. The parties consent to the exclusive jurisdiction and venue in the courts in Akron, Ohio, USA.
If any provision of these Terms & Conditions is, for any reason, invalid and/or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. If any provision(s) of this Agreement is held to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the original provision.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
No provision of the Agreement shall be construed against us but rather shall be construed in a neutral and fair manner as terms entered into by a fully-informed party on a voluntary basis after opportunity to confer with advisors and legal counsel about the meaning and effects of the terms of this Agreement.
If you have any concerns or questions about this Policy, please contact us at firstname.lastname@example.org.