These Terms of Use ("Terms") set out the terms and conditions by which BTV Concepts Pte Ltd, whose offices are at 35B Mosque Street, Singapore 059513 (hereinafter "Beach TV" or "we" or "us") offer you access to our Properties. By "Properties" we mean websites, widgets and embedded content, apps on mobile devices, gaming consoles, connected devices or other consumer electronic devices, social media experiences or other places where this Policy is referenced or posted.

Using these Properties indicates your unconditional agreement to these Terms, as updated from time to time. If you are under 18, you must obtain the consent of your parent or guardian to access our Properties. Supplemental terms may apply to some Properties, such as refund and shipping policies, or rules for a contest or sweepstakes, and are deemed a part of these Terms as appropriate. Our Privacy Policy explains how we treat your "Personally Identifiable Information" and "Non-personally Identifiable Information" as we define those terms in the Privacy Policy. The supplemental terms will apply to the extent there is a conflict with these Terms. These Terms (including the Privacy Policy and any additional terms incorporated by reference) constitute the entire agreement between you and us, and supersede all other written or oral agreements.

Our Properties contain "Property Content" (as defined below) that may include dangerous activities performed by professionals or under the supervision of professionals. Accordingly, Beach TV asks that you do not attempt or recreate any of the activities performed in our Property Content.

 

1.  ACCEPTANCE

(A) We provide our Properties for entertainment, informational and/or promotional purposes only. We grant you a non-exclusive, non-assignable, non-sublicensable limited license to our Properties and Property Content for your personal, non-commercial use only. "Property Content" means our Properties and all they contain, including but not limited to any video, music, text, images, graphics, sounds, information, URLs, technology, documentation and interactive features included with or available through our Properties, derivative works or enhancements, and all intellectual property rights to the same, including all copyrights, patents, trademarks, service marks, trade names and trade dress.

(B) We may from time to time give you the ability to embed certain elements contained in the Properties or Property Content into third party platforms pursuant to the license terms contained herein. If you do so, you may not modify, build upon or block any portion or functionality of the Property Content, including links back to our Properties. You also agree that we have the right to serve ads and collect information through such embed. In addition, you will post your own terms and privacy policy consistent with applicable law, your use of our content, these Terms and our Privacy Policy.

 

2.  USER CONTENT

(A) "User Content" includes video, text, images, sounds and any other information (including names and likenesses), material or ideas you provide to us. When you post or otherwise make available User Content, you grant us a universal, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable and transferable right to host, store, use, reproduce, modify, distribute, create derivative works based upon, translate, communicate, publicly display, publicly perform, communicate, transmit, display advertisements in connection with and publish the User Content in whole or in part as we in our sole discretion deem appropriate in any format, media or technology now known or later developed, including for purposes of advertising or promoting the Properties or Beach TV. You represent that User Content you provide is original with you and does not violate or infringe upon the rights of any third parties, including, without limitation, any intellectual property rights and rights of publicity and/or privacy.

(B) You agree and understand that Beach TV is not obligated to use any User Content you provide and you have no right to compel such use. You understand and acknowledge that Beach TV has wide access to ideas, stories, designs, and other materials, and that new ideas are constantly being submitted to it or being developed by Beach TV’s own employees. Many ideas or stories may be competitive with, similar or identical to your User Content in structure, purpose, function, theme, idea, plot, format or other respects. You acknowledge and agree that you will not be entitled to any compensation as a result of Beach TV’s use of any such similar or identical material. Finally, you acknowledge that, with respect to any claim you may have relating to or arising out of Beach TV’s actual or alleged exploitation or use of any material you submit to the Properties or Beach TV, the damage, if any, thereby caused will not be irreparable or otherwise sufficient to entitle you to injunctive or other equitable relief and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.

 

3.  REGISTRATION AND ACCOUNTS; PRIVACY

During registration, you will create a user name and password (an "Account"). You are responsible for the activity that occurs under your Account, and for maintaining the confidentiality of your Account. You agree not to provide any false personal information or to create an account for anyone other than yourself. You agree to contact us at Contact Us at enquiries@beachtv.asia immediately if you become aware of any breach of security or unauthorized use of your Account..

 

4.  PROMOTIONAL OFFERS

All promotional offers, sweepstakes, contests, giveaways and other promotions ("Promotions") we may offer from time to time are subject to these Terms and any supplemental terms we disclose. Generally, with or without notice, we reserve the right to modify, suspend, cancel or terminate any Promotion in appropriate circumstances, including to extend or resume the stated entry period, disqualify any participant or entry, or award prizes in an alternate manner. You are responsible for all costs, expenses or taxes associated with your participation and/or receipt of any prizes or awards. We may condition your participation or receipt of a prize/award on the execution of a release and/or other agreements. By accepting a prize or award, you automatically consent to and grant us the right to use of your name, image, likeness, statements, biographical information and other information about you for publicity, advertising and promotional purposes, all without additional permission from or compensation to you.

 

5.  PROMOTIONAL MESSAGES

(A) Our Properties may include sending you promotional and non-promotional e-mails/ newsletters, text/SMS messages, chat messages, or other electronic or offline messages. The promotional messages may be recurring, meaning we will continue to send them to you until you unsubscribe via any of our disclosed methods.

(B) Text/SMS Messages ("Message Service"). In addition to any terms specifically disclosed when you enroll for a Message Service:.

(1) "Message and Data Rates May Apply" which means that you may be charged message and/or data charges by your wireless carrier depending on your service plan.

(2) You certify that you are either the account holder or otherwise responsible for paying any wireless carrier charges associated with the Message Service or, if you are under the age of 18, that you have the permission of the account holder/person responsible for any such charges.

 

6.  COPYRIGHT POLICY

If you believe that any content appearing on a Property infringes your copyright rights, please forward the following information in writing to Beach TV:

(a) your name, address, telephone number, and e-mail address;

(b) a description of the copyrighted work that you claim has been infringed;

(c) the exact URL or a description of each place where alleged infringing material is located;

(d) the exact URL or a description of each place where alleged infringing material is located;

(e) your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and

(f) a statement by you that the information in your notice is accurate, and a statement made under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner's behalf.

Beach TV’s address is:

35B Mosque Street, Singapore 059513

enquiries@beachtv.asia

We will review any notices of copyright infringement and take appropriate action. Inquiries that do not follow this procedure may not receive a response.

 

7.  THIRD PARTY INDEMNITY

You agree to indemnify and hold harmless the "Beach TV Parties" (as defined below) from and against any and all "Losses" (as defined below) that may arise in connection with: (i) your use of the Properties in violation of these Terms; (ii) User Content provided by you; or (iii) any actual or alleged violation or breach by you of these Terms. "Beach TV Parties" means Beach TV and its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries and their related companies. "Losses" means claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs). You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.

 

8.  WARRANTIES; LIABILITY

(A) YOU EXPRESSLY AGREE THAT USE OF OUR PROPERTIES IS AT YOUR SOLE RISK. OUR PROPERTIES (INCLUDING SOFTWARE) AND ALL ASSOCIATED CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DO NOT MAKE ANY COMMITMENTS ABOUT ANY CONTENT WITHIN OUR PROPERTIES, ANY SPECIFIC FUNCTIONS OR THE RELIABILITY, ACCURACY, SECURITY, TIMELINESS, NON-INFRINGEMENT, OR AVAILABILITY OF OUR PROPERTIES OR ANY ASSOCIATED CONTENT TO MEET YOUR NEEDS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ALL OTHER IMPLIED WARRANTIES.

(B) WHEN PERMITTED BY LAW, THE BEACH TV PARTIES WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE BEACH TV PARTIES FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT THAT YOU PAID US TO USE THE PROPERTIES (OR, IF WE CHOOSE, TO SUPPLY YOU WITH THE PROPERTIES AGAIN).

BY ACCESSING THE PROPERTIES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND.

 

9.  DISPUTES; ARBITRATION; CLASS ACTIONS

These Terms are governed by the laws of The Republic Of Singapore without giving effect to the principles of conflicts or choice of laws.

 

10.  AMENDMENTS; ASSIGNMENT

You agree that Beach TV may update these Terms at any time, and it is your obligation to check for updates. Updates do not apply retroactively. You may not assign these Terms or assign any rights or delegate any obligations hereunder, in whole or in part.

 

11.  MISCELLANEOUS

(A) Except as provided in these Terms, these Terms constitute the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous written or oral agreements between the parties with respect to the subject matter hereof

(B) These terms do not create any rights in favor of any third party. Our failure to take action to enforce our rights does not mean that we give up those rights or cannot take such action in the future.

(C) If a provision in these terms is found to be illegal or unenforceable, that provision shall be removed from these Terms and the remaining terms of these Terms shall remain in force.

(D) At any time and for any reason or no reason we may restrict, suspend or terminate your access to the Properties, terminate your Account, and add, remove or modify functionality.

(E) When using our Properties, you agree to comply with all applicable laws and regulations.

(F) You agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of these Terms.

(G) Our Properties may link or contain links to other websites maintained by our licensors, affiliates and/or third parties. We do not operate, control or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links and any content posted on third-party websites.

(H) If you have a question, concern or complaint about these Terms, you can contact us by sending us an email at enquiries@beachtv.asia

(I) Liability

You agree that We, Our and Our affiliates’ employees, directors, distributors, licensors and agents shall not be liable, whether in contract, tort (including without limitation negligence) or otherwise and whether such liability is direct, indirect, consequential or special, for any: (i) loss of business, opportunity, use, profit, anticipated profit, contracts, revenue, goodwill or anticipated savings; (ii) loss of data or use of data; (iii) failure to provide the Content or Services due to server failure or any event of force majeure including, without limitation, acts of God, war or terrorism, breaches of security or unauthorized use of personal data arising from hacking and/or failure or lack of reception of networks and in each case whether arising in connection with the use of or attempt to use the Website, the Content or the Services, the inability to use these items, delays, unavailability, interruption or termination of Our provision of the Website, Content or Services. The exclusions set out in this section shall apply even in the event that the loss or damage suffered by You was or should have been foreseen by Us and/or You told Us of the risk of You suffering the loss or damage in question

Nothing in these T&Cs shall limit or exclude Our liability for death or personal injury caused by Our negligence, for fraud or fraudulent misrepresentation or for any other type of liability which cannot be limited or excluded by applicable law, or affect any statutory rights which You may be entitled to as a consumer.

(J) Indemnity

You agree to fully indemnify and hold Us, Our affiliates, officers, directors, shareholders, employees and agents harmless in respect of any liability, damage, claim, action, expense, demand or cost (including any legal fees in relation to such claim or damage) incurred by Us arising from or in connection with Your use of the Website, Content or Services provided that by the respective use the User breaches these T&C or violates any applicable law.

Updated and Effective May 27, 2017

Copyright 2016 BeachTV. All Rights Reserved.