Description of Service

 

RecordTV Pte. Ltd. (RecordTV), through its InstantTV application(s) or (ÒappsÓ) as available in the Apple App Store and Google Play Store currently provide an amalgamation of TV-related Internet services:

 

(i)              Exclusively for Singapore individuals, the InstantTV app provides an Internet-based Digital Video Recorder as an alternative to using a traditional Digital Video Recorder, Personal Video Recorders, Video Cassette Recorder or other recording device. This service allows you to record and play Free-to-Air broadcasts in Singapore (ÒSingapore-specific featuresÓ).

(ii)             The InstantTV app also facilitates access to publicly available YouTube content by curating, scheduling and programming YouTube content in a thematic and organized way (ÒYouTube-based ChannelsÓ) to deliver a ÒLiveÓ or ÒlinearÓ experience.

(iii)            The InstantTV app also allows a user to add his own channels in the ÒUser AddedÓ section of the app (ÒUser Added ChannelsÓ).

 

RecordTV may, in the future, provide additional services. InstantTV is not a replacement for a TV Guide.

 

1. Your Acceptance

 

BY USING AND/OR VISITING THIS APP(s) (collectively, including all Content available through the RecordTV.com / InstantTV.com domain name (including subdomains), the "InstantTV Website", or "Website", and the InstantTV Apps (ÒAppsÓ) as available in the Apple App Store, Google Play Store or any other stores), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Service") AND THE TERMS AND CONDITIONS OF RECORDTV'S PRIVACY NOTICE. If you do not agree to any of these terms, then please do not use the InstantTV App(s).

 

2. InstantTV App

 

These Terms of Service apply to all users of the RecordTV Services (whether the InstantTV app or any new interfaces provided). RecordTV has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites (or URLs). RecordTV is not responsible for the content or practices of any website or destination other than those available on the InstantTV app when downloaded by directly navigating to the Google Play Store or the Apple App Store. By using the InstantTV app, you expressly relieve RecordTV from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you view content from a third party website and to read the terms and conditions and privacy policy of each other website that you visit.

 

3. App Access

 

(a)   In relation to Singapore-specific features, RecordTV hereby grants you permission to use the App as set forth in this Terms of Service, provided that: (i) your use of the App as permitted is solely for your private and domestic use; (ii) you shall not record and play any shows/programs on the InstantTV app that you would otherwise not be able to legally see and record on a another recording device, such as a personal video recorder, digital video recorder, video cassette recorder etc. (in other words, you are a Singapore user entitled to record Singapore Free-to-Air broadcasts); (iii) By clicking a Singapore channel you acknowledge you are initiating a recording and playing that recording back instantaneously; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.

 

(b)   In relation to YouTube-based Channels (i.e. Those channels for which every video that loads shows a Youtube watermark), any objections or alleged infringements associated with the content should be directed to Youtube and when necessary appropriate take-down notices should be sent to Youtube. If such content is not accessible from Youtube it will not be accessible from the InstantTV app. While we charge subscription services for some channels that may contain Youtube content – we are not charging for the content itself, but for the convenience of our curation and packaging. You may access the Youtube videos for free from the Youtube website if you so desire.

 

 

(c)   In relation to the User-Added Channels, you should be aware that The InstantTV app enables a user to add URLs (such an m3u8 or m3u/Playlist URLs from third party websites. RecordTV has no control over these third party URLs that are not hosted on its website. RecordTV is not responsible for the content or practices of any website or destination other than those available on the InstantTV app when downloaded by directly navigating to the Google Play Store or the Apple App Store. All User Added content is added privately by a user and may be shared provided it is legal to do so and on a private and domestic basis. RecordTV does not maintain any links to third party video content. By using the InstantTV app, you expressly relieve RecordTV from any and all liability arising from your use of any third-party URLs. Accordingly, we encourage you to be aware when you view content from a third party website even if you have chosen to add and to read the terms and conditions and privacy policy of each other website that you visit. Sometimes a user may share a third party video URL with you that is embedded in a deep link. You can choose to accept or reject that third party video URL and you should use your discretion to decide. You may also not choose to click on such a link.



(d)   In order to access some features of the Website or App, you may have to create an account. You may never use another's account. When creating your account, you must provide accurate and complete information either directly or through the third party service that you use to connect the Website or App, such as Facebook. You are solely responsible for the activity(ies) that occurs on your account, and you must keep your account password secure. You must notify RecordTV immediately of any breach of security or unauthorized use of your account. Although RecordTV will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of RecordTV or others due to such unauthorized use.

 

(e)   You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the RecordTV servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser.

 

 

(f)     As a condition to use the services, you may be required (or, in some cases, you may opt) to enter or otherwise provide the email address of a friend. By entering this email address(es), you are requesting an email recommendation or invite to the website to be sent on your behalf by RecordTV. This email invitation, since it is sent on your behest, shall not be considered Spam.

 

 

4. Recording configurations

 

By clicking a Singapore free to air channel, you agree that you agree that you are recording the channel and immediately ordering the system to stream that content back to you. You also confirm that you are a Singapore citizen, resident or other individual that has the right to record the Singapore free to air channels on a video cassette recorder or digital video recorder.

 

5. Premium Service

 

Premium services shall be provided to users, subject to subscriptions or referrals or on a complementary basis. In the case that the channels provided by RecordTV that are comprised of Youtube videos, please note that it is RecordTV that is charging you, and not Youtube. We are not charging you to watch the videos, but we are charging you for our premium features such as experiencing a full screen in landscape mode, and experiencing our advanced curation service for the channels itself – i.e. the discovery and organization of video.

 

6. Intellectual Property Rights

 

(a)   The Apps are owned and operated by RecordTV. The visual interfaces, design, content, computer code (including source code and object code), and all other elements of the Apps provided by RecordTV are protected by copyright, trademark and patent laws in Singapore, international conventions and and all other relevant intellectual property and proprietary rights, and applicable laws. All other names, products and marks mentioned are however the intellectual property rights of their respective owners. RecordTV does not claim ownership to any and all recorded videos and broadcasts available on the App whether Singapore-specific services, Youtube-based  channels or User-Added Channels.

 

(b)    You may not, without limitation, copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, or distribute in anyway the Services, App, Websites or materials, the content or the computer codes of the elements comprising the Services other than for your own personal use or as expressly stated in these Terms of Service.

 

(c)   You agree not to circumvent, disable or otherwise interfere with security related features of the Apps or features that prevent or restrict use or copying of any content or enforce limitations on use of the Apps or the content therein. You acknowledge and agree that the Service and any necessary software used in connection with the Apps ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws.

 

(d)        RecordTV grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Website. You agree not to access the App(s) by any means other than through the interface that is provided by RecordTV for use in accessing the App(s). You further agree not to provide any third party with any means to access the App(s) other than through the interface that is provided by RecordTV for use in accessing the App(s).

 

7. User Activity

 

(a)            The Website and/or Apps may provide forums and/or user submission areas for you to enter information or provide content that might appear on the INSTANTTV WEBSITE AND/OR APPS. You agree not to use forums/user submission areas to post any material which is vulgar, defamatory, inaccurate, harassing, hateful, threatening, invading of others privacy, sexually oriented, or violates any laws. You also agree that you will not post any copyrighted material that is not owned by yourself or the owners of these forums. You remain solely responsible for the content of your messages, and you agree to indemnify and hold harmless this forum and their agents with respect to any claim based upon any post you may make. RecordTV reserves the right to reveal whatever information we know about you in the event of a complaint or legal action arising from any message posted by yourself. Although messages posted are not the responsibility of RecordTV and we are not responsible for the content or accuracy of any of these messages, we reserve the right to delete any message for any or no reason whatsoever. If you do find any posts are objectionable then please contact the forum by e-mail. With respect to all Content you elect to post to other publicly accessible areas of the Service, you grant RecordTV the royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.

 

(b)        RecordTV may allow you to share recorded broadcasts with other users who have not recorded the same, subject to restrictions imposed by RecordTV. You shall ensure that the use of recorded videos or broadcasts by other users shall be solely for private and domestic use, and shall not violate these Terms of Service.

 

8. Payments

 

(a)        By signing up for RecordTVÕs Premium Services, you are expressly agreeing that RecordTV is authoriesd to charge you a monthly subscription fee (if applicable), any other fees for additional services that you may purchase, and any applicable taxes in connection with your use of RecordTV to the credit card or other payment method accepted by RecordTV.

(b)        All payments made on RecordTV shall be through Apple or GoogleÕs in-app payment services, Paypal, a valid credit or debit card issued by a bank acceptable to RecordTV, or by any other mode of payment prescribed by RecordTV from time to time.

(c)        If you use a credit or debit card to credit your account you confirm that the credit/debit card is yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment, we will not be responsible for any delay or non-provision of the Premium Services and we are not obliged to inform you of the reason for the delay or non-provision. We are not responsible for your card issuer or bank charging you as a result of processing of your credit/debit card payment.

(d)   If you choose PayPal as a mode of payment, you agree that processing of payment may not, in certain circumstances and for reasons not attributable to RecordTV, be instantaneous. We are not obliged to inform you of the reason for the delay or to provide you with the Premium Services pending any such processing of payment. We are not responsible for any surcharge imposed on you by PayPal Pte. Ltd. as a result of the processing of your PayPal payment. 

(e)   Where monthly subscription fees are payable, RecordTV will automatically bill your selection method of payment each month on the calendar day corresponding to the commencement of your subscription. If your subscription began on a day not contained in a given month, we will bill you on the last day of such month.

(f)     If RecordTV changes the subscription fee or other charges from time to time, we will give you notice of such changes by e-mail. Should you disagree with any change in fees, you should cease use of the Premium Services at the end of your monthly billing cycle. We will not be able to notify you of changes in any applicable taxes.

(g)   RecordTV reserves the right to pursue any amounts you fail to pay in connection with the Premium Services. You will remain liable to RecordTV for all such amounts and all costs incurred in connection with the collection of these amounts, including, without limitation, collection agency fees, reasonable legal fees, and arbitration or court costs.

(h) All fees and charges are non-refundable.

 

 

9. Warranty Disclaimer

 

YOU AGREE THAT YOUR USE OF THE APPS SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, RECORDTV, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE/APPS AND YOUR USE THEREOF. RECORDTV MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S/APPS CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE/APPS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE/APPS, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE/APPS BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE  APPS. RECORDTV DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE APPS OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND RECORDTV WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

 

10. Limitation of Liability

IN NO EVENT SHALL RECORDTV, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE  APPS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT RECORDTV SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The Website is controlled and offered by RecordTV from its facilities in Singapore. RecordTV makes no representations that the Apps and/or Apps is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

 

11. Indemnity

You agree to defend, indemnify and hold harmless RecordTV, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) your use of and access to the Apps; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Apps.

 

12. Ability to Accept Terms of Service

 

You affirm that you are either more than 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 these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Apps are not intended for children under 13. If you are under 13 years of age, then please do not use the Apps-there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

 

13. Assignment

 

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by RecordTV without restriction.

 

14. General

 

You agree that: (i) the Apps shall be deemed solely based in Singapore; and (ii) the Apps shall be deemed a passive website that does not give rise to personal jurisdiction over RecordTV, either specific or general, in jurisdictions other than Singapore. These Terms of Service shall be governed by the internal substantive laws of the Republic of Singapore, without respect to its conflict of laws principles. Any claims or disputes of whatever nature arising from these Terms of Service shall be subject to the exclusive jurisdiction of the courts of the Republic of Singapore. These Terms of Service, together with the Privacy Notice and any other legal notices published by RecordTV on the Website, shall constitute the entire agreement between you and RecordTV concerning the Apps. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and RecordTV's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. RecordTV reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Apps following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND RECORDTV AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE RECORDTV APPS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.