PLEASE READ THIS
AGREEMENT CAREFULLY. BY USING THE STREAMING SUBSCRIPTION SERVICES, OR BY
CHECKING THE "I ACCEPT THE TERMS OF SERVICE" BOX LOCATED ON THE
ONLINE ORDER FORM, YOU AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND
BY THE TERMS, CONDITIONS AND DISCLAIMERS SET OUT IN THIS AGREEMENT, AS AMENDED
FROM TIME TO TIME.
California Farm Bureau
Federation Terms of Use
GENERAL
The Streaming Subscription Service (the
"Service") offered through the Site, is made available by Visaic, Inc
(Visaic)Visaic provides streaming platform services that enables content
providers to deliver audio visual sports and entertainment content over the
internet to certain internet connected devices such as PCs, mobile phones,
tables connected TVs and other devices.
DESCRIPTION OF SERVICE
The Service enables website visitors to view
live streaming in an event or linear (24x7) format. To access the Service, the
user must complete an order form (the "Order".)
VISAIC TERMINATION
Visaic reserves the right to terminate your
Order and your access to the Site and Service at any time and for any reason,
including without limitation, if the Account Credit Card is invalid for any
reason, if Visaic does not receive payment, or where Visaic has determined, in
its sole discretion, that use of the Service by you is, or was in breach of the
Terms of Service. Any such termination by Visaic shall be in addition to and without
prejudice to such rights and remedies as may be available to Visaic, including
injunction and other equitable remedies. The disclaimer, limitations on
liability, and indemnity provisions shall survive termination or expiry of your
order and this Agreement.
DISCLAIMERS
YOU EXPRESSLY UNDERSTAND AND AGREE THAT EACH
OF VISAIC, ITS AGENTS, REPRESENTATIVES AND LICENSORS AND EACH OF THEIR
RESPECTIVE AFFILIATES (COLLECTIVELY THE "VISAIC GROUP") DOES NOT MAKE
ANY, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS, WARRANTIES, TERMS, CONDITIONS
AND ENDORSEMENTS (COLLECTIVELY THE "WARRANTIES") OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, AS TO ANY MATTER HEREUNDER, INCLUDING WITHOUT LIMITATION,
ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT, TITLE, ACCURACY, SUITABILITY, RELIABILITY, FREEDOM FROM
INFECTIONS OR VIRUSES OR COMPLETENESS AS WELL AS ANY WARRANTIES ARISING BY
STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
FURTHER, THE VISAIC GROUP DOES NOT WARRANT THAT THE SITE, THE SERVICES OR THE
CONTENT WILL CONTINUE TO OPERATE OR OTHERWISE OPERATE WITHOUT INTERRUPTION OR
OTHERWISE IN A TIMELY, SECURE OR ERROR-FREE MANNER OR THAT SAME WILL MEET YOUR
REQUIREMENTS OR EXPECTATIONS. LIMITATION OF LIABILITY: YOU EXPRESSLY UNDERSTAND
AND AGREE THAT IN NO EVENT SHALL VISAIC (INCLUDING EACH OF THEIR RESPECTIVE
OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS) BE RESPONSIBLE OR LIABLE TO YOU OR
ANYONE ELSE (JOINTLY OR SEVERALLY) FOR ANY CLAIM, LOSS OR DAMAGES WHATSOEVER, INCLUDING
WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR
EXEMPLARY DAMAGES OR ANY DAMAGES FOR LOSS OF INFORMATION OR DATA, PROFITS,
SAVINGS, REVENUE, GOODWILL OR OTHER INTANGIBLE LOSSES ARISING FROM, OR IN ANY
WAY CONNECTED WITH THE SITE, THE SERVICES OR ANY OF THE CONTENT (INCLUDING THE
PERFORMANCE, USE OF, OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS SAME),
REGARDLESS OF WHETHER THE VISAIC GROUP HAD BEEN ADVISED OF OR COULD HAVE
FORESEEN THE POSSIBILITY OF SUCH CLAIM, DAMAGE OR LOSS. THE LIMITATIONS OF
LIABILITY AND DISCLAIMERS HEREIN SHALL APPLY REGARDLESS OF THE FORM OF ACTION,
WHETHER IN CONTRACT, BREACH OF WARRANTY, CIVIL LIABILITY, STRICT LIABILITY,
TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. NOTWITHSTANDING THE FOREGOING, IN NO
EVENT SHALL VISAIC’S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNT PAID TO VISAIC
BY YOU FOR THE SERVICE. CERTAIN SERVICES ARE PROVIDED THROUGH NETWORKS AND
FACILITIES, INCLUDING THE PUBLIC TELEPHONE NETWORK, THAT ARE NOT UNDER THE
CONTROL OF VISAIC. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, UNDER NO
CIRCUMSTANCES SHALL VISAIC GROUP BE HELD LIABLE FOR ANY DELAY OR FAILURE IN
PERFORMANCE OF THE SITE, SERVICES OR CONTENT RESULTING DIRECTLY OR INDIRECTLY
FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL,
INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES,
TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL
POWER FAILURES, STRIKES, LABOUR DISPUTES, RIOTS, INSURRECTIONS, CIVIL
DISTURBANCES, SHORTAGES OF LABOUR OR MATERIALS, FIRES, FLOODS, STORMS,
EXPLOSIONS, ACTS OF GOD, WAR, PANDEMICS, GOVERNMENTAL ACTIONS AND ORDERS OF
DOMESTIC OR FOREIGN COURTS OR TRIBUNALS.
You acknowledge and agree that the Services
may be temporarily unavailable as a result of disruptions as described above.
While VISAIC makes every reasonable effort to minimize such downtime, Visaic
cannot guarantee the 100% availability of the Services. Accordingly, if you are
dissatisfied with the Services for any reason, your sole and exclusive remedy
is to discontinue use of the Services in accordance with these Terms of
Service. You expressly acknowledge that Visaic has set the Charges for the
Services, entered into this Agreement, and has and will make the Services
available to you in reliance upon the limitations and exclusions of liability
and the disclaimers set forth herein, and that the same form an essential basis
of the bargain between you and Visaic. You expressly agree that the limitations
and exclusions of liability and the disclaimers set forth herein will survive,
and continue to apply in the case of, a fundamental breach or breaches, the
failure of essential purpose of contract, the failure of any exclusive remedy
or termination of this Agreement.
COMPUTER VIRUSES
While Visaic makes every reasonable effort to
ensure that the Services made available on the Site do not contain computer
viruses and other destructive elements, you acknowledge and agree that, prior
to your use of any of the Services, it is solely your responsibility to (a)
take all protective measures to guard against viruses and other destructive
elements (including the use of industry standard and updated virus scanning
tools); and (b) ensure that you have a complete, current and secure back-up of
the applicable items of information and software on your computer or other
electronic device used to access the Site and Services.
INDEMNITY
You agree to defend, indemnify and hold
harmless each of Visaic, its affiliates, licensors, co-branders and other
partners, and each of their respective officers, directors, employees and
agents, including all third parties mentioned on the Site, from and against any
and all claims, actions or demands, including without limitation reasonable
legal and accounting fees, alleging or resulting from: (a) your breach of any
of the Terms of Service; (b) your access to or use of the Site or Services; (c)
your use or reliance on, or publication, communication or distribution of
anything on or from the Site; or (d) your violation of any law or regulation.
PROHIBITED USES
You agree to comply with all applicable laws with
respect to your use of the Services. Visaic may investigate any violations of
law and may cooperate with law enforcement authorities in prosecuting users in
this regard. Access to the Services made through proxy servers to avoid geo
restrictions and/or blackouts are strictly prohibited. If detected, Services
will be terminated immediately. Visaic shall cooperate fully with California
Farm Bureau Federation in the event that the organization requests
identification of users implementing proxies or otherwise access the content
illegally.
LAW AND JURISDICTION
The Site and Services are controlled, operated
and administered by Visaic from its offices within U.S.A. The Terms of Service
shall be interpreted, construed and governed by the laws of the state of
California, USA.
GENERAL
This Agreement is personal
to you, and you may not assign your rights or obligations to anyone. The Terms
of Service constitute the entire agreement between Visaic and you pertaining to
your use of the Services and supercede any prior agreements between you and Visaic.
The parties have required that the Terms of Service and all documents relating
thereto be drawn up in English.