Terms of Purchase & Usage

This Terms of Use Agreement (“Agreement”) constitutes a legally binding contract between BestBox. ("BestBox"), on the one hand, and you, on the other hand, with respect to your use of the bestbox.net Website, the BestBox Service, and any videos, software, data feeds, information, text, graphics, files or other materials or services (the “Content”) displayed or accessible through the BestBox Website and the BestBox Service (collectively, the BestBox Website and the BestBox Service are referred to herein as the “Services”). Your access to and use of the Services are expressly conditioned on your compliance with these Terms of Use. By accessing or using the Services, you agree to be bound by these Terms of Use and you agree to BestBox’s privacy policy, which may be modified by BestBox at any time for any reason and which is incorporated here by reference. If you do not agree to any of these terms or BestBox’s latest privacy policy, please do not use the Services. Be advised that this Agreement contains disclaimers of warranties and limitations on liability that may be applicable to you.

We reserve the right at any time, with or without cause, to:

  1. change the terms and conditions of this Agreement;
  2. change the Services, including eliminating or discontinuing any Content or other feature of the Services; or
  3. deny or terminate your use of and/or access to the Services.

Any change(s) we make will be effective immediately upon our making such change(s) to the Services, or any Content therein, or otherwise providing notice thereof. You agree that your entering, re-entering, accessing, re-accessing or continuing to use the Services thereafter constitutes your acceptance of such change(s). Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement.

Registration and Passwords

Some Services may require you to register. We reserve the right to decline to provide access to any of the Services to any person for any or no reason. If you choose to register, you must submit a valid email address, select a username and password during the registration process, and be at least 18 years of age. You are responsible for safeguarding the password that you use to access any secure areas of the Services. You understand that any information you provide will be treated by BestBox in the manner described in this Agreement and our Privacy Policy. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify BestBox of any unauthorized use of your password. BestBox reserves the right to refuse providing access to the Services to any user, or to delete accounts created by users who appropriate the name, likeness, email address or other personally identifiable information of another individual.

Use of the Services

You may only use the Services for your personal and non-commercial purposes, and subject to the restrictions set forth in these Terms of Use. Furthermore, the Services may contain links to or Content from other websites or sources that are completely independent of BestBox and may require you to accept additional terms of service which will be presented to you before you can use such Services. Such Content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such Content available therein.

These Terms of Use do not grant you any rights to use such Content nor does it guarantee that such Content will continue to be available to you. BestBox and its licensors reserve the right to change, suspend, remove, or disable access to any Content or any other aspect of the Services at any time without notice in its sole discretion. In no event will BestBox be liable for changing, suspending, removing or disabling access to any Content or any other aspect of the Services. BestBox may also impose limits on the use of or access to certain Services, in any case and without notice or liability. There may be interruptions in the delivery or availability of some or all Content at any time. You understand that by using any of the Services, you may encounter Content that may be deemed offensive, indecent, or objectionable, which Content may or may not be identified as having explicit language. Nevertheless, you agree to use the Services at your sole risk and that BestBox shall have no liability to you for Content that may be found to be offensive, indecent, or objectionable. You acknowledge and agree that BestBox is not responsible for examining or evaluating the content or accuracy, completeness or authenticity of any Content. BestBox, its officers, affiliates and subsidiaries do not warrant or endorse the Content and shall not, directly or indirectly, be liable or responsible, in any way, to you or any other person for the Content or for any inaccuracies, errors in or omissions from the Content. By accessing or using the Services, you acknowledge that BestBox makes no representations or warranties with regard to the appropriateness or accuracy of the Content available therein.

Acceptable Use Policy

You agree not to use the Services to take any action(s) that: are contrary to BestBox’s public image, goodwill, or reputation; infringe on our or any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; express or imply that any of your statements, activities or causes are endorsed by BestBox, without our prior written consent in each instance; violate any applicable law, statute, ordinance or regulation, or encourage any conduct that could constitute a criminal offense or give rise to civil liability; are libelous, defamatory, threatening, harassing, invasive of privacy, abusive, tortious, hateful, discriminatory, pornographic or obscene; transmit any trade secret or other material, non-public information about any person, company or entity without the authorization to do so; restrict or inhibit any other visitor from using the Services, including, without limitation, by means of “hacking” or defacing any portion of the Services; modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of the Services; remove any copyright, trademark, or other proprietary rights notices contained in or on the Services and/or any Content; sublicense, sell, rent, lease, transfer, assign, or convey any rights under this Agreement to any third party, or otherwise commercially exploit or profit from the Information or content of the Services and/or Content, or any portion thereof, in any manner whatsoever; distribute any virus, worm or other similar or deleterious files, scripts or programming routines; interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on the infrastructure of BestBox or its licensors or suppliers; involve the preparation or distribution of junk mail, spam, chain letters, pyramid schemes, or other deceptive or unsolicited bulk or commercial email, or otherwise violate in any way the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act of 2003); forge headers or otherwise manipulate identifiers in order to disguise the origin of any submission; execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Service’s servers or any data not intended for you; and/or harvest or collect information about users or members of the Services without their express consent.

Improper use of the Services and/or Content may result in termination of your access to and use of the Services, and/or civil or criminal liabilities.

BestBox will have the right to investigate and prosecute violations of the General Terms of Use, including intellectual property rights infringement and security issues, to the fullest extent of the law. BestBox may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use. You acknowledge that BestBox has no obligation to monitor your access to or use of the Services, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

Free Trials

Your BestBox service plan may start with a free trial. The free trial lasts for One (1) day, or as otherwise specified during sign-up. For combinations with other offers, restrictions may apply. Free trials are for new and certain former customers only. BestBox reserves the right, in its absolute discretion, to determine your free trial eligibility.

Third Party Links

The Services may contain links to third-party websites for your convenience. We do not control these third-party websites or the content provided through such websites, and we have not reviewed, in their entirety, and we assume no responsibility for, such websites or their content, privacy policies, or practices. By using the Services, you expressly relieve BestBox of any and all liability arising from your use of any third party website. The fact that we offer such links does not indicate any approval or endorsement by us of any linked website or any material contained on any linked website, and we disclaim any such approval or endorsement. Further, descriptions of, or references to, third party products, services, or publications within the Services do not imply endorsement of, and we are not responsible for and disclaim any endorsement of, any such product, service, or publication. Further, it is up to you to take precautions to ensure that whatever links you select are free of such items as viruses, worms, Trojan horses, date or time bombs and other items of a destructive nature.

Ownership

The Services are owned and operated by BestBox, and the Services (and any intellectual property and other rights relating thereto) are and will remain the property of BestBox. The Services are protected by U.S. and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. Except as set forth in this Agreement, you may not copy, reproduce, modify, adapt, translate, republish, upload, post, transmit, distribute, sub-license, sell, reverse engineer, decompile, or disassemble any part of the Services without our prior written permission. The Services may be used solely (a) to the extent permitted in this Agreement or (b) as expressly authorized in writing by BestBox or, if so indicated in writing by BestBox, its licensors or suppliers. Use of the Services for any other purpose is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Services. All rights not expressly granted hereunder in and to the Services are hereby expressly reserved to BestBox.

Product names, logos, brands, and other trademarks featured, or referred to, on the Services, are the property of their respective trademark holders. These include, but are not limited to, BestBox, YouTube, and CinemaNow. Except for BestBox, trademark holders are not affiliated with BestBox or its products, promotional materials, or Services, nor do they sponsor or endorse BestBox.

Ability To Accept Terms Of Service

You further affirm that you are more than eighteen (18) years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.

In any event, you hereby warrant and represent that you are over the age of 13, as these Services are not intended for children under 13. If you are under 13 years of age, then please do not use these Services.

BestBox does not knowingly solicit data from children or knowingly market to children. We are concerned about the safety of children and their use of the Internet and, in accordance with the U.S. Children’s Online Privacy Protection Act; we do not knowingly request or solicit personally identifiable information from anyone under the age of 13 without prior verifiable parental consent. In the event that we receive actual knowledge that we have collected such personal information without the requisite and verifiable parental consent, we will delete that information from the Services as quickly as reasonably practical.

It is up to parents to properly supervise their children’s online activities. BestBox wishes to inform you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the website of GetNetWise.org (http://www.getnetwise.org/).

Term & Termination

This Agreement is effective from the date that you first access the Services or submit any information to BestBox, whichever is earlier, and shall remain effective until terminated in accordance with its terms. BestBox may immediately terminate this Agreement, and/or your access to and use of the Services, or any portion thereof, at any time and for any reason, with or without cause, without prior notice. This Agreement will also terminate automatically if you fail to comply with any term or provision of this Agreement. Upon termination of this Agreement by either party, your right to use the Services shall immediately cease, and you shall destroy all copies of information that you have obtained from the Services, whether made under the terms of this Agreement or otherwise. All disclaimers and all limitations of liability and all BestBox rights of ownership shall survive any termination. All of your representations, warranties and indemnification obligations hereunder shall also survive any termination hereof.

We reserve the right at any time and from time to time to modify, discontinue, temporarily or permanently, the Services, or any part or portion thereof, with or without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services, or any part of portion thereof. Nothing in this Agreement shall be construed to obligate BestBox to maintain and support the Services, or any part or portion thereof, during the term of this Agreement.

The Services Are Provided “As-Is”

THE SERVICES, INCLUDING BUT NOT LIMITED TO THE CONTENT, ARE PROVIDED “AS IS”, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, BESTBOX EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, BESTBOX MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. BESTBOX MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED THROUGH THE SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES.

Indemnification

You agree to fully indemnify, defend, and hold BestBox, our licensors, suppliers, agents, successors, and assigns and our and their directors, officers, employees, consultants, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and other expenses that arise directly or indirectly out of or from: (a) your breach of this Agreement; (b) any allegation that any Content you submit to us or transmit to the Services infringes or otherwise violates the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party and/or causes damage to any third party; (c) your activities in connection with the Services or other websites to which the Services are linked; and/or (d) your willful misconduct or gross negligence. This defense and indemnification obligation will survive this Agreement and your use of the Services.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER BESTBOX NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES, INCLUDING BUT NOT LIMITED TO THE CONTENT, WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT BESTBOX HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT BESTBOX IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, BESTBOX WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT DOWNLOADED OR OTHERWISE ACCESSIBLE FROM OR THROUGH THE SERVICES. YOU AGREE THAT THE AGGREGATE LIABILITY OF BESTBOX TO YOU FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THE SERVICES IS LIMITED TO FIFTY DOLLARS ($50). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BESTBOX AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Severability

In the event that any provision of these Terms of Use is held to be invalid or unenforceable, the remaining provisions of these Terms of Use shall continue in full force and effect and the unenforceable provision shall be reformed so as to give maximum legal effect to the intentions of the parties as expressed herein.

Waiver

The failure of BestBox to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision.

Controlling Law and Jurisdiction

Unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, the formation, validity, interpretation, performance, amendment, termination and dispute settlement of or relating to this Agreement shall be governed by and interpreted according to the laws of China, without regard to choice or conflicts of law principles. Further, you and BestBox agree to the exclusive jurisdiction of the laws of China to resolve any dispute, claim or controversy that arises in connection with these Agreements, the mandatory arbitration provisions in section 15 of the General Terms of Use also apply to you.

Entire Agreement

These Terms of Use constitute the entire and exclusive agreement between BestBox and you with respect to the Services and supersede and replace any prior or contemporaneous understandings between BestBox and you regarding the Services.

Contact

If you have any questions about these Terms of Use, please contact BestBox at support@bestbox.net

TERMS OF PURCHASE, LICENSE AGREEMENT AND WARRANTY STATEMENT

PLEASE READ THIS TERMS OF PURCHASE, LICENSE AGREEMENT AND WARRANTY STATEMENT (“AGREEMENT”) CAREFULLY BEFORE USING YOUR BESTBOX PRODUCT. FOR THE PURPOSES OF THIS AGREEMENT, “BESTBOX PRODUCT” IS THE BESTBOX AND THE “ACCESSORIES” ARE THE CABLES, POWER ADAPTOR, REMOTE CONTROL AND THE WIRELESS USB DEVICE THAT CAME WITH THE BESTBOX PRODUCT. THIS AGREEMENT IS THE LEGAL AGREEMENT BETWEEN YOU AND BestBox. ("BestBox") GOVERNING YOUR USE OF THE BESTBOX PRODUCT, THE SOFTWARE (INCLUDING THE EMBEDDED BESTBOX SOFTWARE AND THIRD PARTY SOFTWARE) THAT CAME INSTALLED ON THE BESTBOX PRODUCT AND ANY UPDATES, UPGRADES, BUG FIXES OR MODIFIED VERSIONS THERETO (“SOFTWARE”) AND RELATED DOCUMENTATION. BY USING YOUR BESTBOX PRODUCT, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT GRANTED ANY RIGHTS IN THE SOFTWARE, AND YOU SHOULD NOT USE THE BESTBOX PRODUCT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT AND YOU HAVE NOT USED THE BESTBOX PRODUCT AND ARE THE ORIGINAL END USER PURCHASER OF THE BESTBOX PRODUCT, YOU MAY RETURN THE UNUSED AND UNDAMAGED BESTBOX PRODUCT IN ITS ORIGINAL PACKAGING WITH ALL ACCOMPANYING SOFTWARE AND DOCUMENTATION AND OTHER ITEMS TO THE PLACE WHERE YOU OBTAINED IT WITHIN 14 DAYS AFTER PURCHASE FROM BESTBOX FOR A REFUND ACCORDING TO THE REFUND POLICY STATED BELOW.

License

(a) Subject to the terms of this Agreement, BestBox grants you a nonexclusive, nontransferable right to use the Software solely on a single BestBox Product on which it was originally installed. (b) General Limitations. This is a license, not a transfer of title, to the Software, for use only under the terms of this Agreement. BestBox retains ownership of all copies of the Software, and BestBox reserves all rights not expressly granted to you. The rights granted herein are limited to BestBox ‘s intellectual property rights in the Software and do not include any other patents or intellectual property rights. Except as and only to the extent expressly permitted in this Agreement or by applicable law, you may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Software or any part thereof. Any attempt to do so is a violation of the rights of BestBox and its licensors.

Open Source Software

Certain software libraries and other third party software included in the Software are “free” or “open source” software and are subject to separate license terms (“Open Source Software”). Such Open Source Software is distributed WITHOUT ANY WARRANTY, without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. Certain Open Source Software has been or may be made available by BestBox on its web site. BestBox is not obligated to provide any warranty, maintenance, technical or other support for the resultant modified BestBox Software or its use on BestBox Products.

Consent to Use of Data

You agree that BestBox and its subsidiaries may collect, use and disclose personally identifiable and anonymous technical and other information to facilitate the provision of software updates, upgrades or bug fixes, product support and for other reasons. BestBox shall use customer information in accordance with its Privacy Policy, and which may be modified by BestBox at any time for any reason and which is incorporated here by reference. By using the Software, you agree to the latest terms of BestBox ‘s Privacy Policy.

BestBox Service Terms of Use

The Software may enable access to BestBox Service. By using this Software in connection with the BestBox Service, you agree to and must comply with the latest terms of use for the BestBox Service.

BestBox does not provide return labels and is not responsible for return cost. If you return the product in bad condition or with missing items, we will charge you additional fees. BestBox is not responsible for lost or damaged packages.

Warranty Statement

The length and start date of your Limited Warranty (the “Warranty Period”) on BestBox products and accessories varies by product. BestBox warrants to you that, for the length of the Warranty Period, your BestBox Product and the Accessories will be substantially free of hardware defects in materials and workmanship under normal use. Your exclusive remedy and BestBox‘s entire liability under this warranty will be for BestBox at its sole option to repair or replace the Product or Accessories or refund your purchase price less any rebates. This limited warranty applies only to the original end-user purchaser.

Limitation on Warranty. This warranty does not apply:

  • to damage caused by use with non-BestBox products;
  • to damage caused by accident, misuse, being subjected to abnormal physical or electrical stress, or other external causes;
  • to damage caused by operating the product outside the permitted or intended uses described by BestBox;
  • if the product has not been installed, operated, repaired, or maintained in accordance with instructions supplied by BestBox;
  • to a product or part that has been modified, except by BestBox;
  • to consumable parts, such as batteries;
  • to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports, that does not otherwise affect the product’s functionality or materially impair your use;
  • if any BestBox serial number has been removed or defaced; or
  • if the warranty sticker has been removed or altered.

BestBox Warranty Policy & Procedures:

1- Get RMA Number from BestBox:

If a defect arises during the Warranty Period, contact BestBox Support as set forth on www.bestbox.net in order to obtain a Return Material Authorization (RMA) number, if applicable. BE SURE TO HAVE YOUR PROOF OF PURCHASE ON HAND WHEN CALLING. RETURN REQUESTS CANNOT BE PROCESSED WITHOUT PROOF OF PURCHASE.

2- Return the RMA Unit to BestBox

If you are requested to return the Product, mark the RMA number clearly on the outside of the package and include a copy of your original proof of purchase. You are responsible for shipping defective product to BestBox.

3- Terms and conditions to avail the warranty:

If the new unit you purchased from our website has a hardware fault and does not work on arrival, BestBox will replace the box at no cost and will pay the shipping both ways.

If there is a hardware or software fault within the warranty period, BestBox will fix or replace the unit with the refurbished at no cost. You are responsible for shipping defective product to BestBox. BestBox pays for shipping from BestBox back to you only.

If the hardware is damaged in any way (warranty void, tampered with or anything broken), no warranty will be honored. If you want the broken unit back, you will pay for shipping from BestBox to you and an inspection fees of $50.

In case You send us a working product without any issues during the warranty period, BestBox will charge you $50 as inspection fees. You are responsible for shipping defective product to BestBox. BestBox pays for shipping from BestBox back to you only.

All customers are responsible for all shipping and handling charges.

After warranty period, or if you do not have proof of purchase, no matter when you purchased the product, the service of the BestBox will not be free of cost. In that case, you are required to pay for shipping the defective product back to BestBox and also pay for shipping from BestBox back to you along with the service charges.

Limitation on Warranty. This warranty does not apply: (a) to damage caused by use with non- BestBox products; (b) to damage caused by accident, misuse, being subjected to abnormal physical or electrical stress, or other external causes; (c) to damage caused by operating the product outside the permitted or intended uses described by BestBox; (d) if the product has not been installed, operated, repaired, or maintained in accordance with instructions supplied by BestBox; (e) to a product or part that has been modified, except by BestBox; (f) to consumable parts, such as batteries; (g) to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports, that does not otherwise affect the product’s functionality or materially impair your use; (h) if any BestBox serial number has been removed or defaced; or (i) if the warranty sticker has been removed or altered.

Warranty Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED “AS IS”, WITH ALL FAULTS. EXCEPT AS SPECIFIED ABOVE IN THIS SECTION, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, NON-INTERFERENCE, ACCURACY OF INFORMATIONAL CONTENT, OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY BESTBOX, ITS SUPPLIERS AND LICENSORS. BESTBOX DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USAGE OF THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE EXPRESS WARRANTY SET FORTH ABOVE FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT WILL BESTBOX, ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFITS, OR LOST OR DAMAGED DATA, BUSINESS INTERRUPTION, LOSS OF CAPITAL, PERSONAL INJURY OR FOR CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE DAMAGES OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF BESTBOX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall the total liability of BestBox, its suppliers and licensors to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

Export & Import Restrictions

The Software and technology in the BestBox Products (hereafter referred to as “Software and Technology”) are subject to export and import controls under the laws and regulations of the respective manufacturing countries. You shall comply with such laws and regulations governing export and import, re-export, transfer and use of the Software and Technology and will obtain all required local authorizations, permits, or licenses. BestBox and you each agree to provide the other information, support documents, and assistance as may reasonably be required by the other in connection with securing authorizations or licenses.

Government End Users

The Software and related documentation qualify as “commercial items,” as that term is defined generally consisting of “commercial computer software” and “commercial computer software documentation” Notwithstanding any other laws and regulations or other contractual clause to the contrary in any agreement into which the Agreement may be incorporated, you may provide to Governments’ end user or, if the Agreement is direct, Governments’ end user will acquire, the Software and documentation with only those rights set forth in the Agreement. Use of any of the Software or documentation or all constitutes agreement by the Government that the Software and documentation are “commercial computer software” and “commercial computer software documentation,” and constitutes acceptance of the rights and restrictions herein.

MPEG-1, MPEG-2, MPEG-4, H.264/AVC Notice

To the extent that the Software contains MPEG-1, MPEG-2, MPEG-4 AND/OR AVC decoding functionality, commercial use of such software requires additional licensing and the following provision applies: THE MPEG-1, MPEG-2, MPEG-4 AND AVC FUNCTIONALITY IN THE SOFTWARE IS LICENSED HEREIN ONLY FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO DECODE VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR MPEG-1, MPEG-2, MPEG-4 AND/OR AVC VIDEO THAT WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE MPEG-1, MPEG-2, MPEG-4 AND/OR AVC VIDEO, AS APPLICABLE.

Miscellaneous

Unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, the formation, validity, interpretation, performance, amendment, termination and dispute settlement of or relating to this Agreement shall be governed by and interpreted according to the laws of China, without regard to choice or conflicts of law principles. Further, you and BestBox agree to the exclusive jurisdiction of the laws of China to resolve any dispute, claim or controversy that arises in connection with these Agreements, the mandatory arbitration provisions in section 15 below also apply to you. The parties also specifically disclaim the application of the UN Convention on Contracts for the International Sale of Goods. This Agreement constitutes the entire agreement between the parties with respect to the use of the Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to; or modification of this Agreement will be binding unless in writing and signed by BestBox. If any part of this Agreement is found to be unenforceable, the remainder shall continue in full force and effect and the unenforceable provision shall be reformed so as to give maximum legal effect to the intentions of the parties as expressed herein. Any translation of this Agreement is done for local requirements, and in the event of a dispute between the English and any non-English versions, the English version of this Agreement shall govern and be given priority.

Last updated: 30 May 2019