We reserve the right at any time, with or without cause, to:
- change the terms and conditions of this Agreement;
- change the Services, including eliminating or discontinuing any Content or other feature of the Services; or
- 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
Use of the Services
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.
Service Plans, Billing, and Cancellation
We charge a service fee to access the BestBox Services. The Services may include different Content offerings and features, with different benefits, conditions, and limitations with each account having its own BestBox service plan (“service plan”). The specific details regarding your service plan may be found at any time by logging in on the BestBox Website and viewing your account details. Because the Services are offered in multiple time zones, for consistency, a “day” for purposes of this Agreement begins at 12:00 a.m. GMT/UTC +8 hours time zone and ends at 11:59 p.m. GMT/UTC +8 hours time zone of that same calendar day. We reserve the right to modify, terminate, or otherwise amend our offered service plans.
By providing a credit card or other payment method accepted by BestBox (“Payment Method”) for your service plan, you are expressly agreeing that we are authorized to charge you a periodic service fee on a recurring basis corresponding to the term of your service plan, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of your service plan to the Payment Method. If you want to use a different Payment Method than the one you signed up to use during registration, or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by logging in on the BestBox website and viewing your account details. If your Payment Method expires and you do not edit your Payment Method information or cancel your account, you authorize us to continue billing, and you will remain responsible for any uncollected amounts.
Our service plans have either a monthly or annual billing option. The service fee will be billed at the activation of your service plan and on each periodic renewal date thereafter unless and until you cancel your service plan or the account or service is otherwise suspended or discontinued pursuant to this Agreement. To see the commencement date for your next renewal period, log in on the BestBox Sign In Page and view your account details. We automatically bill your Payment Method on the calendar day corresponding to commencement of your service plan. In the event your service plan began on a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, if you have a monthly service plan and began paying on January 31, your Payment Method would next be billed on February 28. BestBox reserves the right to adjust pricing for our Service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in this Agreement, any price changes to your service will take effect following email notice to you.
It is important that you honor the payment obligations to which you agreed. Accordingly, we reserve the right to retry billing your Payment Method after failed attempts (e.g., if your Payment Method is rejected). We also reserve the right to pursue any amounts you fail to pay in connection with your service plan. You will remain liable for all such amounts and all costs incurred in connection with the collection of these amounts, including, without limitation, bank overdraft fees, collection agency fees, and arbitration or court costs.
SIGN IN TO YOUR ACCOUNT ON THE BESTBOX SIGN IN PAGE TO FIND CANCELLATION INSTRUCTIONS. We will continue to bill your Payment Method on a monthly or annual basis for your service fee until you cancel. If you cancel your service plan, cancellation will be effective at the end of the current billing period – this means that you will have continued access to your service plan for the remainder of that period, but you will not receive a refund. If you wish to avoid charges to your Payment Method, you must cancel your service plan prior to midnight Pacific Time on the last day prior to the renewal period. If you pay for the Services through your account with a third party (e.g., PayPal) and want to cancel your subscription or manage your billing, you may need to do so through your account with such third party.
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.
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.
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.
Controlling Law and Jurisdiction
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.
(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
The Software may enable access to BestBox Service. By using this Software in connection with the
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.
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.
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.