服务条款 Terms of Service
These Terms of Service govern the use of the HDK Service as described below (the "HDK Service"). To agree to these Terms of Service, click "I agree" [below]. If you do not agree to these terms, do not click "I agree" and do not use the HDK Service. If you do not accept these Terms of Service, you should not use the HDKaroake Service or Website.
Changes to Terms of Service:
HDKaraoke, LLC., reserves the right, from time to time, with or without notice to you, to change these Terms of Service in its sole and absolute discretion. The most current version of the Terms of Service will supersede all previous versions. The most current version of these Terms of Service can be accessed by clicking on the "Terms of Service" link located at the bottom of the HDKaraoke website. You should periodically visit the Terms of Service page on HDKaraoke’s website so you are aware of the terms and conditions that apply to your use of the HDK Service and website. Your continued use of the HDK Service and website will represent your acceptance of the most current Terms of Service.
Description of HDK Service:
The HDK Service is provided by HDKaraoke, LLC. ("us" or "we"), 2400 N. Lincoln Ave, Altadena, CA 91001. The HDK Service is an online home entertainment service that provides access to a library of karaoke videos, images, artwork and/or other content ("Content") through a proprietary device manufactured by HDKaraoke or a third party licensed to incorporate the HDK Service into its device(s) (collectively, the " HDK Box"). Please direct all questions regarding the HDK Service to: HDKARAOKE Customer Service, 2400 N. Lincoln Ave, Altadena, CA 91001.
HDKaraoke reserves the right in its sole and absolute discretion to change how it operates the HDK Service and website. You should not consider any description of how the HDK Service works to be a representation or obligation with respect to how the HDK Service will work in the future.
Activating the HDK Service:
In order to access and use the HDK Service, you must open an account online ("HDK Account"). During online set-up of your HDK Account, these Terms of Service will be provided electronically. You will have access to a printable/downloadable version of these Terms of Service before selecting "I Agree" by visiting http://www.HDKaraoke.com/termsofservice.html.
HDK Service Minimum Requirements:
YOU MUST HAVE HIGH-SPEED INTERNET CONNECTIVITY, A TELEVISION, AND A HDK Account TO USE THE HDK Service. The HDK Service is only available, and Content can only be accessed, within the United States of America and Canada.
You Can Purchase Content:
Currently, you can only purchase Content through the HDK Service. When you purchase Content, you will be granted a non-exclusive, non-transferable limited license to access, use in accordance with any additional terms that may be provided with your HDK Box , and view the Content as often as you like subject to a Content Provider's (defined below) applicable restrictions, if any.
Exhibition Period:
Exhibition periods for Content will vary depending on the method of purchase and the Content being purchased. When you purchase Content, it is your responsibility to review any additional terms of use when you order Content. Such additional terms of use may set forth restrictions upon your window of time to initiate viewing of content and, once initiated, the duration of time you have to complete viewing such Content. If no additional terms concerning timing and duration of viewing the Content are applicable to your order, you may view it for as long as you own your HDK Box(s), and can access your HDK Account and the HDK Service. If you have questions concerning the availability of Content that you have ordered, please contact HDKaraoke at support@HDKaraoke.com.
Billing:
By using the HDK Service you are expressly agreeing that HDKaraoke is authorized to charge you any applicable rental, subscription or purchase fees or taxes and any other charges you may incur in connection with your use of the HDK Service to the payment method you provided during registration (or to a different Payment Method if you change your account information). The Content viewing charges, applicable taxes, and any other fees incurred will automatically be charged to your HDK Account. Fees are payable only in U.S. dollars. HDKaraoke may change the fees and charges in effect, or add new fees and charges from time to time. There may be a temporary disruption of your access to the HDK Service until HDKaraoke can verify the validity of any new credit or debit card information.
Refunds:
You may cancel your HDK Account at any time by following the procedures outlined at http://www.HDKaraoke.com/faq.html. Any remaining cash balance in your HDK Account will be refunded at that time. Any Content viewing charges are non-refundable. Any HDK Credits you may have accrued are non-refundable.
Content Restrictions:
You understand and agree that the Content is licensed by HDKaraoke from content providers ("Content Providers"). Copyrights in the Content are owned by the Content Providers and protected by the copyright laws of the United States, as well as other intellectual property laws and treaties. Except as expressly provided herein, no right, title or interest in the Content is transferred to you. All Content is licensed, not sold, transferred or assigned to you. You have a limited right in the Content for personal, non-commercial use only on HDK Boxs. You may not edit, modify, copy, distribute, transmit, download, display, perform, reproduce, publish, license, translate, create derivative works from, transfer, alter, adapt, sell, rent, lease or sublicense any Content, or facilitate any of the foregoing. Without limiting the generality of the foregoing, you may not (i) show any Content to any public audience or view it in a public location; (ii) duplicate, reproduce, transfer, record, or create copies of Content or any portion thereof (including without limitation by "burning", P2P file-sharing, posting, uploading or downloading) onto any physical medium, memory or device, including without limitation, CDs, DVDs, VCDs, portable media devices, computers or other hardware or any other medium now known or hereinafter devised. You may not attempt to circumvent, avoid, bypass, remove, deactivate, impair or otherwise defeat any encryption, rights signaling or copy protection technology in which the Content is wrapped or otherwise associated. You may not decompile, copy, reproduce, reverse engineer, disassemble or otherwise reduce the computer file in which the Content is stored to a human-readable format. Any unauthorized copying or other activities that infringe upon the intellectual property rights of the Content Providers/owners of the Content is prohibited, and you expressly agree to the automatic termination of the HDK Service if you engage in any infringing activities. Upon any such termination, the Content will be deleted from your HDK Box(s).
Content purchased on HDKaraoke is non-transferable.
Except as specifically granted herein, all rights to the Content are reserved by the owner of such Content.
Content Selection:
We will determine the selection, availability, and quality of all Content provided on the HDK Service. The selection, quality, and availability of the Content offered can/may be unique to each HDK Account and HDK Box. Not all Content on the HDK Service is available at all times to all users. Not all Content purchased will be accessible or available at all times.
HDKaraoke Community/Your Personal Information:
HDKaraoke offers you several ways to share your HDKaraoke experience with others and interact with other members of the HDKaraoke community through the HDKaraoke website and/or a HDK Box (the " HDKaraoke Community"). Because the features of the HDKaraoke Community are always changing and improving the available features and information that is shared may change from time to time. These changes may take place without notice to you and may not be described in HDKaraoke’s Terms of Service. The HDKaraoke Community is designed for you to share information with others.
THEREFORE, BY USING THE HDKARAOKE COMMUNITY FEATURE AND ALL RELATED FEATURES, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE CONSENTING TO THE RELEASE OF INFORMATION ABOUT YOU TO A PUBLIC FORUM, INCLUDING OTHER MEMBERS OF THE HDKARAOKE COMMUNITY, USERS OF THE HDK SERVICE AND OTHER VISITORS TO THE HDKARAOKE WEBSITE. IF YOU DO NOT WANT INFORMATION ABOUT YOU, INCLUDING PERSONALLY IDENTIFYING INFORMATION, TO BE SHARED IN A PUBLIC FORUM, DO NOT USE THE HDKARAOKE COMMUNITY FEATURES.
Use of the HDKaraoke Community feature is for your personal, non-commercial use and is at your own option and risk. HDKaraoke Community contains several different elements (e.g., blog, forum, etc.), each with its own degree of associated information sharing and features. These elements may change without notice to you and the degrees of associated information sharing and functionality may also change without notice.
Customer Privacy:
HDKaraoke collects and maintains personally identifiable information concerning our customers. This information includes, but is not limited to, billing records, maintenance and repair records, marketing information, and customer feedback. HDKaraoke maintains a privacy policy that may be accessed through our website at: http://www.HDKaraoke.com/privacypolicy.html. We reserve the right to make changes to the privacy policy at any time and for any reason.
Your Submissions:
If you send us any submissions (e.g., emails, letters, postings to chat rooms, boards, or contests), feedback, creative suggestions, ideas, notes, drawings, concepts, or other information (collectively "Submissions"), they will be deemed to be our property and we will not be liable for any use or disclosure of such Submissions. Without limitation of the foregoing, we shall exclusively own all now-known or hereafter existing rights to any and all Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. The content of any Submissions must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties or objectionable, and may not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of the Submissions. We reserve the right (but not the obligation) to remove or edit any Submissions, but we do not regularly review posted Submissions.
Your Conduct on the HDKaraoke Website:
By accessing the HDKaraoke website, you agree to use the HDK Service, features and functionalities associated therewith, the website and its content in accordance with all applicable laws, rules and regulations. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any Submissions and/or other 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 HDKaraoke website. You also agree not to interfere with the servers or networks connected to the HDKaraoke website or the HDK Service or to violate any of the procedures, policies or regulations of networks connected to the HDKaraoke website or HDK Service. You also agree not to impersonate any other person while using the HDKaraoke website, HDKaraoke Community and related features and that you will not conduct yourself in a vulgar or offensive manner while using the HDK Service, website or HDKaraoke Community.
Account Access:
You are responsible for maintaining the confidentiality of your account information, including but not limited to your account password and for restricting access to your computer or mobile device. You acknowledge and agree that you assume full responsibility for the conduct of those to whom you disclose your account information or password. If you use a public or shared computer or unprotected mobile device, you should always log out at the end of each visit to the HDKaraoke website. If you believe that you may be victim of identity theft involving your HDK Account, you should notify customer service and report any information about this instance to your card issuers and local law enforcement. HDKaraoke reserves the right to place any account on hold anytime with or without notification to you in order to protect itself and its partners from what it believes to be fraudulent activity. HDKaraoke is not obligated to credit or discount a membership for holds placed on the account by either a representative of HDKaraoke or by the automated processes of HDKaraoke.
Termination by HDKaraoke:
We reserve the right to terminate your HDK Account and/or your use and access to the HDK Service at any time with or without cause. If your HDK Service is terminated for any reason, your credit card will be refunded any U.S. dollar balance that remains in your HDK Account. We have no obligation to refund fees paid for HDK Boxs or any value, monetary or otherwise, you may have accrued as HDKaraoke Credits.
Additional Restrictions:
You agree to only configure HDK Boxes in accordance with the user manual located at http://www.HDKaraoke.com/userguide.html. You will not, and will not allow anyone else to, open, tamper with, or reverse engineer, decompile, or disassemble your HDK Box(s) (or any software contained within), or make any modifications, additions, attachments, or alterations to the HDK Box(s) (or any software contained within). Additionally, you agree not to, or attempt to, disclose or circumvent any security measures utilized as part of the HDK Service or HDK Box(s) (or the software contained within). You understand and acknowledge that the HDK Service and HDK Boxs (or the software contained within) incorporate and utilize propriety technologies, materials, and Content of HDKaraoke, LLC. or our licensors that are protected by copyright, patent, trade secret, and other laws and that any use or disclosure of the HDK Service, Content, or HDK Boxes (or the software within) contrary to these Terms of Service or any copying of the materials and/or Content residing in the HDK Boxes will result in substantial damages to us or our licensors and subject you to civil liabilities and/or criminal penalties.
Age Restrictions:
While HDKaraoke does distribute Content that may be watched by children, if you are under the age of 18, you may access and use the HDK Service only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service. HDKaraoke is relying on your representation that you are at least 18 years of age. HDKaraoke would not allow you to enter these Terms of Service and would not allow you to access the HDK Service but for your representation that you are at least 18 years of age. HDKaraoke does not intentionally or knowingly collect personal information about children under the age of 13. If you are a parent or legal guardian entering into to these Terms of Service for the benefit of a child under the age of 18, be advised that you are fully responsible for his or her use of the HDK Service, including all financial charges and legal liability that he or she may incur. If you do not agree to (or cannot comply with) any of these terms and conditions, do not use the HDK Service. The HDK Boxs include a parental control feature that lets you restrict access to Content based on the rating system of the Motion Picture Association of America.
Links to Third Party Websites:
The HDKaraoke website may contain links to third-party sites which are not under our control, and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. We are providing these links to you only as a convenience, and the inclusion of any link does not imply that we endorse or accept any responsibility for the content on such third-party site.
Warranty Disclaimer; Limitation of Damages and Liability:
THE HDK BOXES, HDK SERVICE AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. NEITHER HDKARAOKE NOR THE CONTENT PROVIDERS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE HDK BOXS, HDK SERVICE OR THE CONTENT MADE AVAILABLE THROUGH THE HDK SERVICE, OR THAT THE HDK BOXS, HDKARAOKE CONTENT OR HDK SERVICE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM VIRUSES, INTERFERENCE, HACKING OR OTHER SECURITY INTRUSION, AND HDKARAOKE AND CONTENT PROVIDERS DISCLAIM ANY LIABILITY RELATING THERETO. NEITHER WE NOR THE CONTENT PROVIDERS ASSUME ANY LIABILITY FOR ERRORS OR OMISSIONS IN THE HDK BOXS, HDK SERVICE, THE CONTENT OR THE CONTENT OF THE HDKARAOKE WEB SITE, OR ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE HDK BOXS, HDK SERVICE, THE CONTENT OR THE HDKARAOKE WEBSITE. YOU AGREE THAT HDKARAOKE MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE HDK SERVICE, HDKARAOKE COMMUNITY, AND THE HDKARAOKE COMMUNITY FEATURES OR ANY OTHER ASPECTS OF THE HDK SERVICE AT ANY TIME, WITHOUT COMPENSATION OR NOTICE TO YOU. HDKARAOKE'S SOLE OBLIGATION FOR ANY MALFUNCTIONING HDK BOXS SHALL BE AS SET FORTH IN HDKARAOKE'S PUBLISHED LIMITED WARRANTY AGREEMENT. YOU AGREE THAT NO OTHER EXPRESS OR IMPLIED WARRANTIES WILL APPLY TO THE HDK SERVICE OR HDK BOXS, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, HDKARAOKE AND THE CONTENT PROVIDERS DISCLAIM ANY WARRANTIES OF SATISFACTORY QUALITY, NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT, AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE BY HDKARAOKE OR CONTENT PROVIDERS, SHALL HDKARAOKE, CONTENT PROVIDERS, OR ANY OF THEIR OR HDKARAOKE'S DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES, BASED UPON A CLAIM OF ANY TYPE OR NATURE (INCLUDING BUT NOT LIMITED TO CONTRACT AND TORT, INCLUDING NEGLIGENCE, WARRANTY OR STRICT LIABILITY), OR CLAIMS ARISING FROM ANY OF THE FOLLOWING: (i) ANY INABILITY TO USE THE HDK BOXS OR USE OR ACCESS THE HDK SERVICE OR CONTENT; (ii) THE TERMINATION OF THE HDK SERVICE; (iii) THE INSTALLATION, INSPECTION, REPAIR, REPLACEMENT OR REMOVAL OF YOUR HDK BOXS, (iv) errors or omissions in the content; OR (v) any failures, delays, or interruptions in the availability of the HDK Service and/or website, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL HDKARAOKE'S OR CONTENT PROVIDERS' TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE HDK SERVICE, HDK BOXS OR CONTENT, INCLUDING ANY FEATURES ASSOCIATED THEREWITH (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT IN YOUR SERVICE ACCOUNT AT THE TIME THE APPLICABLE CAUSE OF ACTION AROSE.
THE FOREGOING LIMITATIONS APPLY EVEN IF THE REMEDIES DESCRIBED ABOVE FAIL OF THEIR ESSENTIAL PURPOSE. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT OF APPLICABLE LAW.
Injunctive Relief:
You agree that any violation or breach by you of these Terms of Service will result in irreparable harm to us, that monetary damages will be an inadequate remedy, and you hereby agree that we shall be entitled to seek injunctive relief.
Severability:
If any provision of these Terms of Service is deemed unlawful, void, or for any reason unenforceable, then that provision shall be severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
Governing Law, Determination of Disputes:
This Agreement shall be governed by, and construed in accordance with, the laws of the State of California without giving effect to any principles of conflicts of law. EACH PARTY HEREBY WAIVES THE RIGHT TO TRIAL BY JURY. Any dispute arising out of, or in connection with, this Agreement shall be submitted to the Superior Court in and for the County of Los Angeles, State of California (or if the Superior Court shall not have jurisdiction over the subject matter thereof, then to such other court sitting in said county and having subject matter jurisdiction) for trial and determination by the court. Said parties hereby consent to the exclusive jurisdiction of such court and to the service of process by mail outside the State of California pursuant to the requirements of such court in any matter so to be submitted to it. Content Providers are third party beneficiaries of these Terms of Service and may enforce these Terms of Service, at law or in equity, with respect to Content or any other materials provided by it.
Indemnity:
You agree to indemnify, defend, and hold HDKaraoke and its affiliates, officers, agents, co-branders, licensors, partners, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the HDK Service or HDK Boxes, including without limitation, your violation of these Terms of Service, or your violation of any rights of another.
PLEASE DIRECT ANY QUESTIONS OR CONCERNS RELATED TO YOUR BILLS OR SERVICE TO:
HDKARAOKE, LLC.
2400 N. Lincoln Ave
Altadena, CA 91001
2010 HDKaraoke, LLC. All rights reserved. All brand and product names are trademarks or registered trademarks of their respective holders.