WELCOME TO BUNI TV!
Buni TV ("we" or "us") is an online and mobile video service offering a selection of movies, documentary films, music videos, clips, and other content (collectively, the "Content") with the purpose of allowing viewers to discover the best and most innovative content off the beaten path of mainstream entertainment. Our video service, the Content, our player for viewing the Content (the "Video Player") and any other features, tools, applications, materials, or other services offered from time to time by Buni TV in connection with its business, however accessed, are referred to collectively as the "Buni TV Services".
3. ACCESS AND USE OF THE BUNI TV SERVICES
Age Limitations. If you are under the age of 13, then you are not permitted to register with Buni TV or use any feature or other part of the Buni TV Services that requires registration.
Your License. Buni TV is pleased to grant you a non-exclusive limited license to use the Buni TV Services, including accessing and viewing the Content on a streaming-only basis through the Video Player, for personal, non-commercial purposes as set forth in these Terms.
The Content. You may only access and view the Content personally and for a non-commercial purpose in compliance with these Terms. You may not either directly or through the use of any device, software, internet site, web-based service, mobile-based service or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content unless expressly permitted by Buni TV in writing. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by Buni TV in writing. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by Buni TV. You may not build a business utilizing the Content, whether or not for profit. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by Buni TV in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
The Video Player. You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of the Video Player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Video Player. This restriction includes, without limitation, disabling, reverse engineering, modifying, interfering with or otherwise circumventing the Video Player in any manner that enables users to view the Content without: (i) displaying visibly both the Video Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the webpage where the Video Player is located; and (ii) having full access to all functionality of the Video Player, including, without limitation, all video quality and display functionality and all interactive, elective, or click-through advertising functionality.
Embedding a Video Using the Video Player. Where Buni TV has incorporated an embed option in connection with Content on the Buni TV Services, you may embed videos using the Video Player, provided you do not embed the Video Player on any website or other location that (i) contains or hosts content that is unlawful, infringing, pornographic, obscene, defamatory, libelous, threatening, harassing, vulgar, indecent, profane, hateful, racially or ethnically offensive, encourages criminal conduct, gives rise to civil liability, violates any law, rule, or regulation, infringes any right of any third party including intellectual property rights, or is otherwise inappropriate or objectionable to Buni TV (in Buni TV's sole discretion), or (ii) links to infringing or unauthorized content (collectively, "Unsuitable Material"). You may not embed the Video Player into any hardware or software application, even for non-commercial purposes. Buni TV reserves the right to prevent embedding to any website or other location that Buni TV finds inappropriate or objectionable (as determined by Buni TV in its sole discretion).
Ownership. You agree that Buni TV owns and retains all rights to the Buni TV Services. You further agree that the Content you access and view as part of the Buni TV Services is owned or controlled by Buni TV and Buni TV's licensors. The Buni TV Services and the Content are protected by copyright, trademark, and other intellectual property laws.
Your Responsibilities. In order for us to keep the Buni TV Services safe and available for everyone to use, we all have to follow the same rules of the road. You and other users must use the Buni TV Services for lawful, non-commercial, and appropriate purposes only. Your commitment to this principle is critical. You agree to observe the Buni TV Services, Content, Video Player and embedding restrictions detailed above, and further agree that you will not access the Buni TV Site or use the Buni TV Services in a way that:
- violates the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;
- uses technology or other means to access, index, frame or link to the Buni TV Services (including the Content) that is not authorized by Buni TV (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of the Buni TV Services);
- involves accessing the Buni TV Services (including the Content)through any automated means, including "robots," "spiders," or "offline readers" (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices — but not caches or archives — of the Buni TV Services and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);
- introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- damages, disables, overburdens, impairs, or gains unauthorized access to the Buni TV Services, including Buni TV's servers, computer network, or user accounts;
- removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the Buni TV Services (including the Content);
- uses the Buni TV Services to advertise or promote services that are not expressly approved in advance in writing by Buni TV;
- encourages conduct that would constitute a criminal offense or give rise to civil liability;
- violates these Terms or any guidelines or policies posted by Buni TV;
- interferes with any other party's use and enjoyment of the Buni TV Services; or
- attempts to do any of the foregoing.
If Buni TV determines in its sole discretion that you are violating any of these Terms, we may (i) notify you, and (ii) use technical measures to block or restrict your access or use of the Buni TV Services. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the Buni TV Services, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.
No Spam/Unsolicited Communications. We know how annoying and upsetting it can be to receive unwanted email or instant messages from people you do not know. Therefore, no one may use the Buni TV Services to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. You understand that we may take any technical remedies to prevent spam or unsolicited bulk or other communications from entering, utilizing, or remaining within our computer or communications networks. If you Post (as defined below in Section 7) or otherwise send spam, advertising, or other unsolicited communications of any kind through the Buni TV Services, you acknowledge that you will have caused substantial harm to Buni TV and that the amount of such harm would be extremely difficult
Downloads. In order to participate in certain Buni TV Services or access certain Content, you may be notified that it is necessary to download software or other materials or agree to additional terms and conditions. Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into these Terms.
Suspension/Discontinuation. We hope not to, but we may change, suspend, or discontinue — temporarily or permanently — some or all of the Buni TV Services (including the Content and the devices through which the Buni TV Services are accessed), with respect to any or all users, at any time without notice. You acknowledge that Buni TV may do so in Buni TV's sole discretion. You also agree that Buni TV will not be liable to you for any modification, suspension, or discontinuance of the Buni TV Services, although if you are a Buni TV Plus subscriber and Buni TV suspends or discontinues the Buni TV Plus service, Buni TV may, in its sole discretion, provide you with a credit, refund, discount or other form of consideration (for example, we may credit additional days of service to your account) in accordance with Section 4 below. However, if Buni TV terminates your account or suspends or discontinues your access to Buni TV Services due to your violation of these Terms, then you will not be eligible for any such credit, refund, discount or other consideration.
4. ACCOUNTS AND REGISTRATION
We may from time to time offer various features that require registration or the creation of an account with Buni TV. If at any time you choose to register or create an account with us, the additional terms and conditions set forth below also will apply.
All registration information you submit must be accurate and updated. Please keep your password confidential. You will not have to reveal it to any Buni TV representative. You are responsible for all use on your account, including unauthorized use by any third party, so please be very careful to guard the security of your password. Please notify us at firstname.lastname@example.org as soon as you know of, or suspect any unauthorized use of, your account. Please also make sure to notify us if your registration information changes, in case we need to contact you.
5. COLLECTION AND USE OF PERSONAL INFORMATION
6. USER REVIEWS, COMMENTS, AND OTHER MATERIAL
Your Posts. As part of the Buni TV Services, users may have an opportunity to publish, transmit, submit, or otherwise post (collectively, "Post") reviews, comments, or other materials (collectively, "User Material"). Please follow the following rules:
Please choose carefully the User Material that you Post. Please limit yourself to User Material directly relevant to the Buni TV Services. Moreover, you must not Post User Material that: (i) contains Unsuitable Material (as defined above in Section 3); or (ii) improperly claims the identity of another person. Please note that we use your first and last name as your user ID and therefore your first and last name will appear to the public each time you Post. We advise that you do not, and you should also be careful if you decide to, Post additional personally identifiable information, such as your email address, telephone number, or street address.
You must be, or have first obtained permission from, the rightful owner of any User Material you Post. By submitting User Material, you represent and warrant that you own the User Material or otherwise have the right to grant Buni TV the license provided below. You also represent and warrant that the Posting of your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your Posting User Material. Buni TV will remove all User Material if we are properly notified that such User Material infringes on another person's rights. You acknowledge that Buni TV does not guarantee any confidentiality with respect to any User Material.
Third Party Posts. Despite these restrictions, please be aware that some material provided by users may be objectionable, unlawful, inaccurate, or inappropriate. Buni TV does not endorse any User Material, and User Material that is Posted does not reflect the opinions or policies of Buni TV. We reserve the right, but have no obligation, to monitor User Material and to restrict or remove User Material that we determine, in our sole discretion, is inappropriate or for any other business reason. In no event does Buni TV assume any responsibility or liability whatsoever for any User Material, and you agree to waive any legal or equitable rights or remedies you may have against Buni TV with respect to such User Material. You can help us tremendously by notifying us of any inappropriate User Material you find. If a "report" feature through the Buni TV Services is not available for a specific instance of inappropriate User Material, please email email@example.com (subject line: "Inappropriate User Material").
8. LINKED DESTINATIONS AND ADVERTISING
Third Party Destinations. As a convenience to you, the Buni TV Website may contain links to websites operated by other entities (a "Linked Site"). If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Buni TV has no responsibility to you with respect to any Linked Site and no Linked Site, regardless of the liking form (e.g. hotlinks, hypertext links, IMG links) is maintained, controlled, endorsed, monitored or otherwise governed by Buni TV.
Buni TV is not responsible for the content or practices of any website or destination other than the Buni TV Website, even if it links to the Buni TV Website and even if the website or destination is operated by a company affiliated or otherwise connected with Buni TV. By using the Buni TV Services, you acknowledge and agree that Buni TV is not responsible or liable to you for any content or other materials hosted and served from any website or destination other than the Buni TV Website.
Advertisements. Buni TV takes no responsibility for advertisements or any third party material Posted on the Buni TV Website, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while using the Buni TV Services are between you and the advertiser, and you agree that Buni TV is not liable for any loss or claim that you may have against an advertiser.
Buni TV, the Buni TV logo, www.buni.tv, and other Buni TV marks, graphics, logos, scripts, and sounds are trademarks of Buni TV. None of the trademarks may be copied, downloaded, or otherwise exploited.
10. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY
WHILE WE DO OUR BEST TO PROVIDE THE OPTIMAL PERFORMANCE OF THE BUNI TV SERVICES, YOU AGREE THAT USE OF THE BUNI TV SERVICES IS AT YOUR OWN RISK. THE BUNI TV SERVICES, INCLUDING THE BUNI TV WEBSITE, THE CONTENT, THE VIDEO PLAYER, USER MATERIAL, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH THE BUNI TV WEBSITE, ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, BUNI TV DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE BUNI TV SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE.
IN NO EVENT SHALL BUNI TV OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT LICENSORS) (COLLECTIVELY, THE "BUNI TV PARTIES"), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE BUNI TV SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH THE PROPERTIES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE BUNI TV PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE BUNI TV SERVICE OR $50 (WHICHEVER IS LESS).
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE BUNI TV PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE BUNI TV SERVICES (INCLUDING YOUR USE OF THE CONTENT). BUNI TV RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
11. COPYRIGHT INFRINGEMENT CLAIMS
If you believe that any Content, User Material, or other material provided through the Buni TV Services, including through a link, infringes your copyright, you should notify Buni TV at firstname.lastname@example.org of your infringement claim in accordance with the procedure set forth below.
We will process each notice of alleged infringement that Buni TV receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to Buni TV's copyright agent at email@example.com (subject line: "Copyright Infringement").
To be effective, the notification must be in writing and contain the following information: (i) an electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Buni TV Services that is reasonably sufficient to enable Buni TV to identify and locate the material; (iv) how Buni TV can contact you, such as your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material.
Buni TV has a policy of terminating repeat infringers in appropriate circumstances.
12. GENERAL INFORMATION
International Use. We are a company based in the United States. While Buni TV's goal is to bring you as much Content as possible, we are limited by the rights that our content licensors grant us. Accordingly, whenever those rights are territorially limited, Buni TV will not allow access to the licensed Content and you are prohibited from using technology to access such licensed Content.