IMPORTANT! PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SERVICE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, WAIVERS OF RIGHTS, LIMITATION OF LIABILITY, AND YOUR INDEMNITY TO US, AND THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN COURTS OR JURY TRIALS, AND LIMITS THE REMEDIES AVAILABLE IN THE EVENT OF A DISPUTE. Access to and use of this website, service or other application (collectively the “Service”) is provided by BestBox (“BestBox”, “us” or “we”) subject to the following terms:
BestBox is a subscription service that provides our members with access to their user & reseller accounts.
We do not own any motion pictures, television and other audio-visual entertainment (“movies & TV shows”) streamed over the Internet to certain Internet-connected TV’s, and other devices.
- The BestBox service is provided by BestBox, or one of its affiliated companies. Check back as the service provider may change from time to time.
4. Communication Preferences
By using the BestBox service, you consent to receiving electronic communications from BestBox relating to your account. These communications may involve sending emails to your email address provided during registration, or posting communications on the BestBox service, or in the “Your Account” page and will include notices about your account (e.g., payment authorizations, change in password or Payment Method, confirmation emails and other transactional information) and are part of your relationship with BestBox. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from us, such as newsletters about new BestBox features and content, special offers, promotional announcements and customer surveys via email or other methods.
5. Membership, Free Trials, Billing and Cancellation
- Ongoing Membership. Your BestBox membership, which may start with a free trial, will continue month to-month unless and until you cancel your membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) to use the BestBox service. We will bill the monthly membership fee to your Payment Method. You must cancel your membership before it renews each month in order to avoid billing of the next month’s membership fees to your Payment Method.
Your BestBox membership may start with a free trial. The free trial period of your membership
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 members only. BestBox reserves the right, in its absolute discretion, to determine your free trial eligibility.
- We will begin billing your Payment Method for monthly membership fees at the end of the free trial period of your membership unless you cancel prior to the end of the free trial period. To view the specific details of your membership, including monthly membership price and end date of your free trial period, visit our sign in page and sign in to your account. We may authorize your Payment Method through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.
- You will not receive a notice from us that your free trial period has ended or that the paying portion of your membership has begun. 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 basis for your membership fee until you cancel.
- Your BestBox membership may start with a free trial. The free trial period of your membership lasts for One (1) day, or as otherwise specified during sign-up.
- Recurring Billing. By starting your BestBox membership and providing or designating a Payment Method, you authorize us to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the BestBox service to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption, and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.
Billing Cycle. The membership fee for our service will be billed at the beginning of the
paying portion of your membership and each month
thereafter unless and until you cancel your membership. We automatically bill your Payment
Method each month on the calendar day corresponding
to the commencement of your paying membership.
Membership fees are fully earned upon payment.
We reserve the right to change the timing of our billing, in particular, as indicated below,
if your Payment Method has not
successfully settled. In the event your paying membership began on a day not contained in a
given month, we may bill your Payment
Method on a day in the applicable month or such other day as we deem appropriate. For
example, if you started your BestBox
membership or became a paying member on January 31st, your next payment date is likely to be
February 28th, and your Payment
Method would be billed on that date. Your renewal date may change due to changes in your
Membership. Visit our sign in
page and sign in to your account to see the commencement date for your next renewal period.
We may authorize your Payment Method
“billing” shall indicate a charge,
debit or other payment clearance, as applicable, against your Payment Method. Unless
otherwise stated differently, month or
monthly refers to your billing cycle.
No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
- Payment Methods. You may edit your Payment Method information by logging in to your account on the sign in page, and clicking on the “Upgrade Plan” link. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
- Cancellation. You may cancel your BestBox membership at anytime however as soon as you unsubscribe, your services will be terminated. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL MONTH MEMBERSHIP PERIODS OR UNWATCHED MOVIES OR TV SHOWS. To cancel, sign in to your account on our sign in page and click on the “Cancel Plan” link. If you signed up for BestBox using your account with a third party as a Payment Method, and wish to cancel your BestBox membership at any time, including during your free trial, you may need to do so through such third party, including by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from, the BestBox service through that third party. You may also find billing information about your BestBox membership by visiting your account with the applicable third party.
6. BestBox service
- The BestBox service, and any content viewed through our service, are for your personal and non-commercial use only. During your BestBox membership, we grant you a limited, non-exclusive, non-transferable, license to access the BestBox service and view movies and TV shows through the service on a streaming-only basis for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.
- THE NUMBER OF DEVICES ON WHICH YOU MAY SIMULTANEOUSLY WATCH IS LIMITED. sign in to your account on our sign in page and go to the “Devices Associated” link to see which of your devices are associated. Go to the “Logout Devices” page to logout one or more of your devices. The number of devices available for use and the simultaneous streams may change from time to time at our discretion.
- We continually update the BestBox service, including the content library. In addition, we continually test various aspects of our service, including our website, user interfaces, service levels, plans, promotional features, availability of movies and TV shows, delivery and pricing. We reserve the right to, and by using our service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our service.
- The availability of movies & TV shows to watch will change from time to time, and from country to country. The quality of the display of the streaming movies & TV shows may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. HD and Ultra HD availability is subject to your Internet service and device capabilities. Not all content is available in HD or Ultra HD and not all plans allow you to receive HD or Ultra HD content. A download speed of at least 5.0 Mbps per stream is recommended to receive HD content, which is defined as 720p or better. A download speed of at least 25.0 Mbps per stream is recommended to receive Ultra HD content, which is defined as resolution greater than 1080p. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. BestBox makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching a movie or TV show will vary based on a number of factors, including your location, available bandwidth at the time, the movie or TV show you have selected and the configuration of your BestBox ready device.
BestBox streaming software is developed by, or for, BestBox and is designed to enable streaming of
content from BestBox through BestBox ready devices. This software may vary by device and medium,
and functionalities may also differ between devices. BY USING OUR SERVICE, YOU ACKNOWLEDGE
AGREE TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING,
UPDATED VERSIONS OF THE BESTBOX AND RELATED THIRD-PARTY SOFTWARE. IF YOU DO NOT ACCEPT THE FOREGOING TERMS, DO NOT USE
OUR SERVICE. WE DO NOT TAKE RESPONSIBILITY OR OTHERWISE WARRANT THE PERFORMANCE OF THESE DEVICES, INCLUDING THE CONTINUING COMPATIBILITY OF THE DEVICE WITH OUR SERVICE.
By using our service, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the BestBox service. If your BestBox ready device is sold, lost or stolen, please logout the BestBox ready device. If you fail to log out or deactivate your device, subsequent users may access the BestBox service through your account and may be able to access certain of your account information. To logout a device, sign in to your account on our sign in page and go to the “Logout Devices” page.
7. Passwords & Account Access
- The member who created the BestBox account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over the BestBox account. The Account Owner’s control is exercised through use of the Account Owner’s password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting BestBox Customer Service and potentially altering the Account Owner’s control, the Account Owner should not reveal the Payment Method details (e.g., last four digits of their credit or debit card, or their email address if they use PayPal) associated with their account. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.
- In order to provide you with ease of access to your account and to help administer the BestBox service, BestBox implements technology that enables us to recognize you as the Account Owner and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the BestBox service, which includes accessing via BestBox ready devices or website. You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the BestBox website and not through a hyperlink in an email or any other electronic communication, even if it looks official. BestBox reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. BestBox is not obligated to credit or discount a membership for holds placed on the account by either a representative of BestBox or by the automated processes of BestBox.
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.
9. Disclaimers of Warranties and Limitations on Liability
THE BestBox service AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR
FUNCTIONALITIES ASSOCIATED WITH THE BESTBOX SERVICE, ARE
PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. BestBox DOES NOT GUARANTEE, REPRESENT,
OR WARRANT THAT YOUR USE OF THE BESTBOX SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. BESTBOX SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, BESTBOX READY DEVICES, AND BESTBOX SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL BESTBOX, OR ITS SUBSIDIARIES OR
ANY OF THEIR SHAREHOLDERS,
DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL,
INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
10. Intellectual Property
- Copyright. The BestBox service, including all content provided on the BestBox service, is protected by copyright, trade secret or other intellectual property laws and treaties.
- Trademarks. BestBox is a registered trademark of BestBox
- Claims of Copyright Infringement. Claims of Copyright Infringement. If you believe your work has been reproduced or distributed in a way that constitutes copyright infringement or are aware of any infringing material available through the BestBox service, please notify us at General Counsel, BestBox, Monte International Trade (Tianjin) Co Ltd, 5009-22, Block B, Dongjiang Financial Trade Services Center, Dongjian Bonded Port Area, Tianjian Free Trade Zone, China (“Notice Address”).
11. Governing 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 below also apply to you.
You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) (“Application(s)”) that interact with the BestBox service. These Applications may import data related to your BestBox account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and BestBox is not responsible for such Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO WITH OR SPONSORED BY BESTBOX AND MAY NOT BE AUTHORIZED FOR USE WITH OUR SERVICE IN ALL COUNTRIES. USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK.
13. Use of Information Submitted
BestBox is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to the BestBox service, including the BestBox website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the BestBox service. In addition, you agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law. Please note BestBox does not accept unsolicited materials or ideas for movies or TV shows, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to BestBox. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against BestBox and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.
14. Customer Support
15. Arbitration Agreement
Any dispute arising from or relating to this Agreement shall be first settled by the Parties through amiable negotiations. If such dispute (including any dispute regarding the validity or existence of this Agreement) can not be settled through negotiation within sixty (60) days after any Party sends a notice to the other Parties, such dispute shall be submitted to the China International Economic and Trade Arbitration Commission (‘CIETAC’) Shanghai Sub-Commission for arbitration in accordance with the effective arbitration rules of the said Commission.
- If you are a BestBox member in the United States (including its possessions and territories), you
and BestBox agree that any dispute,
claim or controversy arising out of or relating in any way to the BestBox service, these Terms of
Use and this Arbitration Agreement,
shall be determined by binding arbitration or in small claims court.
- If you elect to seek arbitration or file a small claim court action, you must first send to BestBox, by certified mail, a written Notice of your claim (“Notice”). The Notice to BestBox must be addressed to: General Counsel, BestBox, Monte International Trade (Tianjin) Co Ltd, 5009-22, Block B, Dongjiang Financial Trade Services Center, Dongjian Bonded Port Area, Tianjian Free Trade Zone, China (“Notice Address”). If BestBox initiates arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by BestBox, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If BestBox and you do not reach an agreement to resolve the claim within 60 (sixty) days after the Notice is received, you or BestBox may commence an arbitration proceeding or file a claim in small claims court.
- The arbitration will be governed by the then current rules of CIETAC, and the arbitration proceedings shall be conducted in English language and shall take place in Shanghai. The arbitration award shall be final and binding upon both Parties.
- YOU AND BESTBOX AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and BestBox agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
17. Entire Agreement