tugo TV

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TERMS OF SERVICE
Last updated July 25, 2024


AGREEMENT TO OUR LEGAL TERMS


We are Tugo TV ("Company," "we," "us," "our").


We operate, as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").


These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you," “customer,” “client,” “subscriber,” “account holder,”), and Tugo TV concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.


Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.


We recommend that you print a copy of these Legal Terms for your records.


TABLE OF CONTENTS


  1. 1. OUR SERVICES

  2. 2. INTELLECTUAL PROPERTY RIGHTS

  3. 3. USER REPRESENTATIONS

  4. 4. PROHIBITED ACTIVITIES

  5. 5. CONTRIBUTION LICENSE

  6. 6. SERVICES MANAGEMENT

  7. 7. MODIFICATIONS AND INTERRUPTIONS

  8. 8. OTT SERVICES

  9. 9. EQUIPMENT

  10. 10. BILLING, PAYMENTS, AND REFUND POLICY

  11. 11. ACCOUNT TRANSFERS

  12. 12. TERM AND TERMINATION

  13. 13. GOVERNING LAW

  14. 14. DISPUTE RESOLUTION

  15. 15. CORRECTIONS

  16. 16. DISCLAIMER

  17. 17. LIMITATIONS OF LIABILITY

  18. 18. FORCE MAJEURE

  19. 19. INDEMNIFICATION

  20. 20. USER DATA

  21. 21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

  22. 22. MISCELLANEOUS

  23. 23. CONTACT US


1. OUR SERVICES


The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.


2. INTELLECTUAL PROPERTY RIGHTS


Our intellectual property


We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content), as well as the trademarks, service marks, and logos contained therein (the "Marks").


Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in Canada, the United States and around the world.


The Content and Marks are provided in or through the Services "AS IS" solely for your personal and non-commercial use.


Your use of our Services


Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to:

  • - access the Services; and

  • - download (DVR) a copy of portions of the Content to which you have properly gained access solely for your personal and non-commercial use.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.


If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: info@tugotv.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.


We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.


Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.


Your submissions


Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.


Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you


You are responsible for what you send, post or upload: By sending us Submissions through any part of the Services you:

  • - confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;

  • - to the extent permissible by applicable law, waive any and all moral rights to any such Submission;

  • - warrant that any such Submission are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions, and

  • - warrant and represent that your Submissions do not constitute confidential information.

You are solely responsible for your Submissions, and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party's intellectual property rights, or (c) applicable law.



3. USER REPRESENTATIONS


By using the Services, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Legal Terms; (2) you are not a minor in the jurisdiction in which you reside, (3) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (4) you will not use the Services for any illegal or unauthorized purpose, and (5) your use of the Services will not violate any applicable law or regulation.


If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).



4. PROHIBITED ACTIVITIES


You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.


As a user of the Services, you agree not to:

  • - Systematically retrieve data or other content from the Services to create of compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

  • - Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

  • - Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.

  • - Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.

  • - Use any information obtained from the Services in order to harass, abuse, or harm another person.

  • - Make improper use of our support services or submit false reports of abuse or misconduct.

  • - Use the Services in a manner inconsistent with any applicable laws or regulations.

  • - Engage in unauthorized framing of or linking to the Services.

  • - Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.

  • - Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

  • - Delete the copyright or other proprietary rights notice from any Content.

  • - Attempt to impersonate another user or person or use the username of another user.

  • - Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ('gifs"). 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or “pcms”).

  • - Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.

  • - Harass, annoy, intimidate, curse at or threaten any of our employees or agents engaged in providing any portion of the Services to you.

  • - Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.

  • - Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

  • - Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.

  • - Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.

  • - Use a buying agent or purchasing agent to make purchases on the Services.

  • - Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

  • - Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue generating endeavor or commercial enterprise.


5. CONTRIBUTION LICENSE


You and Services agree that we may access, store, process, and use any information and personal data that you provide and your choices (including settings).


By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you. You are solely responsible for your Contributions to the Services, and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.



6. SERVICES MANAGEMENT


We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms: (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities: (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof, and (4) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.



7. MODIFICATIONS AND INTERRUPTIONS


We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.


The Service(s) may be changed and/or moved, if you request for such change, and the costs are covered by you, which may include any downgrading, upgrading, moving fee and other costs necessary to complete the request. You will be informed of the costs before any such changing/moving request is finalized. Note that for any such changing request(s), it is always subjected to availability checks, and it may be rejected by Tugo TV because of service availability or reliability.


We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

There is no compensation or remedy for a service interruption in the case of less than seven (7) days. Tugo TV has the sole discretion to decide the remedy amount of service interruption in the case of more than seven (7) days. The refund amount shall be no more than your service payment. Tugo TV reserves the right and will not refund any remedy which is not related to Tugo TV.


Service Charges. Tugo TV strives to provide premium quality Services at competitive prices. We provide no guarantee in this regard. The Service charge will remain unchanged during the prepaid period of the Service. The prices for monthly Service packages may be modified from time to time at Tugo TV’s sole discretion, following a period of 30 days’ notice to the Customer.


If a change to a Month-to-Month Service or a Term Service entails an increase in your obligations or a decrease in our obligations and if you do not accept that change, your remedy will be to cancel the affected Services no later than 30 days after the amendment takes effect.



8. OTT (“Over-The-Top”) SERVICES


Tugo TV will provide you with the ability to receive video and audio programming channels at your premises, only as delivered by Tugo TV in accordance with the distribution licenses held by Tugo TV. The Services may also provide access to video on demand and pay per view programming, interactive programming and related personal video services.


Customer understands and acknowledges that Tugo TV OTT Services must include the minimum levels of programming required by government regulation programming and that these requirements may change from time to time without notice. Programming channels may be suspended from time to time or cancelled permanently, and individual programs may be blacked out in your local viewing area, due to restrictions imposed by the providers of such programming or the rights of government programming services. You agree that Tugo TV may at its discretion substitute alternative programming to replace the suspended, cancelled or blacked out programming. No rebates will be credited to your account for any such programming blackouts. Your sole remedy, available only where programming channels have been permanently cancelled, is to cancel your subscription to the programming package containing such channels, effective at the end of your current billing period.



9. EQUIPMENT

Tugo TV is not responsible for the maintenance or repair of facilities or equipment owned by you and does not guarantee that the Services will operate with all television sets, remote controls, home theatre components or other audio/visual equipment. The Services require electrical power to operate, which you must supply, at no charge to Tugo TV, and you acknowledge and accept that you may lose service during a power outage unless you supply, install and maintain at your own expense a battery backup power system.



10. BILLING, PAYMENT, AND REFUND POLICY

Prepaid Services definition. Our subscription Services and any associated add-ons are prepaid, therefore; you pay in advance for the services.


Recurrent Charges definition. Repeated charges on repeated Services delivered to our Subscriber on a monthly basis until disconnection.


First Payment Due Date. The first payment is due upon signing up for Tugo TV’s services or at midnight (12:00 AM EST) at the end of any free trial period provided by Tugo TV.


Billing Cycle. The interval of time during which bills are prepared for goods and services that Tugo TV has sold. A monthly plan billing cycle consists of 30 days service charges, except if there are 28 or 31 days in the month. Tugo TV’s billing cycle is recurring and is set to repeat monthly as per client’s chosen services and plans. Your billing cycle will remain the same unless the service has been discontinued or disconnected for one or any of the reasons mentioned under cancellation or termination.


Payment. All payments must be made by one of our payment methods listed down below. Payment is due in full upon billing due date listed on your account. We accept payment in the following forms:

  • - Credit card: with selected credit cards only, this method is available to all our clients during the signup process and on Tugo’s quick pay link. Visa, Mastercard and American Express are accepted in most regions. We do not accept Discovery cards.

  •     - All credit cards will be charged automatically for each billing period, if declined, up to three additional attempts for fees will take place within 10 days.

  •     - Subscribers are responsible for the payment card information updates on their profile to process the scheduled payments.

  • - PayPal: Subscribers must have a valid and active PayPal account and will need their account ID with Tugo TV. Check your purchase settings or subscription activation email for your account ID or contact our support team at info@tugotv.com.

Refunds. Payments are non-refundable. If you cancel, modify your subscription, or if your account is otherwise terminated under these Terms, you will not receive a refund or credit, including for partially used periods of Service. You will continue to receive the full delivery of Service for the remainder of the prepaid term. There are circumstances where Tugo may provide refunds or credits on a case-by-case basis. The amount and form of such credits, and the decision to provide them, are at Tugo TV's sole and absolute discretion, and administrative fees may apply.



11. ACCOUNT TRANSFERS 

Your account remains under the Subscriber unless, you agree to transfer your account to a new end user, in order to transfer the account successfully the new Subscriber and the former account holder should meet Tugo TV’s Transfer conditions and requirements:


The former account holder must:

  • - Clear all outstanding balance(s)

  • - Inform Tugo TV; Send an email or letter in writing to report the transfer including the name and email address of the new account holder. It must be dated, signed by both yourself and the new potential account holder.


The potential new account holder must:

  • - Agree to the Terms and Conditions applied on the account upon the transfer.

  • - Terms and Conditions on a transfer may change and vary as per Tugo’s current applicable terms and in accordance with the law in your jurisdiction.

  • - Is responsible for payment on a regular basis from the date the account is transferred onwards.

  • - Must provide accurate information about name, phone number, and email address.

  • - Must pay any applicable deposits on the account to maintain the same privileges.

  • - Must pay the first month and any dues on the date the transfer is concluded.

  • - New account holder then agrees to use the service as is, in the same address with the same service conditions.



12. TERM AND TERMINATION


These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE ANY CONTENT OR INFORMATION THAT YOU PROVIDE AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.


If we terminate, ban, or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.


Subscription Cancellation


You must cancel your subscription prior to 11:59 PM EST on the day before your next recurring billing date in order to avoid being charged. You may terminate any or all of your subscribed Service(s) at any time in your Tugo TV app purchase settings; sign in at https://tugotv.app/login.


You may terminate any or all of your subscribed Service(s) between 9:00 AM EST and 5:00 PM EST Monday through Friday by:

  • - Submitting a support ticket through the support dashboard on the Tugo TV website, from the email associated with the account; https://tugotv.com/contactus/.

  • - Sending an email to support@tugotv.com from the email associated with the account.

  • - Tugo TV’s voicemail service at 1-888-302-5597 and leaving a detailed message including your name, email address, and reason for your call.


  • Cancellation requests made via voicemail/email/support ticket outside of the hours outlined above will be processed the next business day    .

After cancellation, Customer will continue to receive the full delivery of Service for the remainder of the prepaid term.


Account Deletion: Customer’s using the free version of the app may choose to delete their accounts from their account settings. Deleting your account does not automatically cancel a subscription, if you have a subscription, you must cancel it prior to deleting your account.


Reactivation of Services: Reactivation can only take effect once the balance is cleared on the account. The reactivation may vary from 5 minutes to up to 1 business day depending on the type of services and the number of services on the account.



13. GOVERNING LAW


By enrolling into, installing, using, or paying for Tugo TV’s Services, Customer explicitly states that it has been verified in your own jurisdiction that your use of the Service is allowed in accordance with the law. In addition, Customer agrees to the services, rates, changes, and terms and conditions set forth mentioned in this document. It is your responsibility to investigate, learn, understand and apply these laws accordingly. Moreover, Tugo TV cannot be held personally and/or legally responsible in any manner whatsoever for any property, financial, bodily or any other losses or damages resulting from either the direct or indirect use of our products and services from whomever individual or business party.


These Legal Terms shall be governed by and defined following the laws of Delaware, USA. Tugo TV and Customer revocably consent that the courts of Delaware shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.



14. DISPUTE RESOLUTION


Informal Negotiations


To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 30 days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.


Binding Arbitration


Any dispute arising out of or in connection with these Legal Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved as follows:

  • - For Customers located in Canada: The dispute shall be referred to and finally resolved by the Canadian International Commercial Arbitration Centre (CICAC). The seat, or legal place, of arbitration shall be Ontario, Canada.

  • - For Customers located in the USA: The dispute shall be referred to and finally resolved by the American Arbitration Association (AAA). The seat, or legal place, of arbitration shall be Delaware, USA.

  • - For Customers located outside Canada and the USA: Any dispute arising out of or in connection with these Legal Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the International Chamber of Commerce (ICC) or another mutually agreed-upon international arbitration institution. The seat, or legal place, of arbitration shall be determined by a neutral party, such as an agreed-upon mediator or a designated arbitration institution. The parties agree to confer and select the seat within 30 days after the initiation of arbitration proceedings. If the parties cannot agree on the seat within this time frame, it shall be determined by an appointed mediator or institution.


In all cases, the number of arbitrators shall be one. The language of the proceedings shall be English. The governing law of these Legal Terms shall be the substantive law of the relevant jurisdiction (Canada or the USA) as specified by the location of the Customer.


Restrictions


The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law. (a) no arbitration shall be joined with any other proceeding: (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis on to utilize class action procedures, and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.


Exceptions to Informal Negotiations and Arbitration


The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party: (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.



15. CORRECTIONS


There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.



16. DISCLAIMER


THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS, YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS,

2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED. ACCESS TO OR USE OF OUR SECURE SERVERS ANDIOR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, ANDIOR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY 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.



17. LIMITATIONS OF LIABILITY


IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.



18. FORCE MAJEURE


Tugo TV services depends on including networks, cabling, facilities, and certain equipment that are not in our control; accordingly (i) any representation made by us regarding access performance, speeds, reliability, availability, use or consistency of the Website is on a “commercially reasonable efforts” basis, (ii) we cannot guarantee any minimum level regarding such performance, speed, reliability, availability, use or consistency, and (iii) data, messages, information or materials sent over the Internet may not be completely private, and your anonymity is not guaranteed.


Tugo TV shall not be liable for interruptions in Service caused by Force Majeure events which include, but are not limited to, such events as acts of God; terrorism, strikes; fire; war; riot; or government actions.



19. INDEMNIFICATION


You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms: (3) any breach of your representations and warranties set forth in these Legal Terms: (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.



20. USER DATA


We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.



21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES


Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.



22. MISCELLANEOUS


This Agreement hereby supersedes all previous representations, understanding, or agreements, written or oral, by or between Customer and the Company, and shall prevail notwithstanding any variance with terms and conditions of any and all orders submitted.


These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.


Warranty. The Company, its officers, directors, employees, representatives and agents, make no representations or warranties except as expressly stated herein and expressly disclaim all implied warranties, including, without limitation, warranties of merchantability, fitness for a particular, purpose and security, and shall not be liable to the Customer for indirect, indirect, incidental, special or consequential damages of any kind resulting from provisioning of or failure to provide the service without limiting the foregoing, the company will not be liable for damages resulting from the use or inability to use the service or to access the internet reliance on information obtained through the internet, interruptions in the service for any reason, deletion of files or email, lost data, unauthorized access to the Customer’s records or files, errors, defects, damages to equipment computers and stored information, due to viruses, delays in operation or transmissions or any other failure of performance.

Binding Agreement. This agreement shall be binding upon the successors and assigns or, as the case may be. The heirs and personal representatives, of the Company and the Customer. The Customer acknowledges that the terms and conditions of this contract as set out above have been read and are understood and agreed to.



23. CONTACT US


In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please visit https://tugotv.com/help/ for a full list of resources and contact methods.


Email to: info@tugotv.com


Mail to:

3120 Rutherford Rd., Unit 274, Concord, ON L4K 0B2 Canada

or

8 The Green, Suite #18205, Dover, Delaware 19901 USA