目前訊號機房有故障及年度調整,謝謝您的耐心。


無線直播頻道 服務條款簡述

為了讓全球華人都能輕易且方便地收看故鄉的電視節目,我們提供加值的網路代管服務。為您代管了至少25台的無線直播頻道,在異鄉的你可以隨時關注家鄉的新聞和資訊、感受到家鄉的溫暖親情;就像坐在家鄉的客廳裡。

以下為無線直播頻道的服務條款(簡述),完整服務條款(英文)可在此讀取。

  • 您同意租用本公司所提供的網路頻寬及設備代管服務。所租用的設備將接收至少25台的無線直播頻道訊號 (Free-To-Air signal)。
  • 我們有保證所代管的網路頻寬及設備可供存取的責任。
  • 若因天候不佳、或訊號因任何原因而無法接收,本公司將協助調整您所租用的設備,來接收其他的無線頻道,但我們無法保證每一無線直播頻道永久存在。
  • 您可以使用任一本服務所支援的設備,例如電腦、iPhone、iPad,透過網路來存取所租用的網路頻寬及設備。為了確保品質,同時只能有一個裝置觀賞。
  • 除本公司所提供的設備或網路頻寬外,我們無法負責您的設備或網路問題。
  • 訂閱後,代表您同意本公司依您所訂閱時所簽訂的價格及週期收取費用。您不需要簽訂任何定期合約, 訂閱後您可立即使用;您也可以隨時透過本服物網站來取消服務,不需另行以電話或書面通知。取消服務不會產生任何費用,惟取消時當月所剩餘的服務天數無法退費。
  • 若任一方有任何違反服務條款的情況,雙方皆有立即停止合約的權力。


Term of Service

Acceptance of Terms of Use

These Terms of Use govern your use of the 5ik.tv service, including all features and functionalities, instant streaming, our website and user interfaces, and all content and software associated therewith (the "5ik.tv service" or "service"). By using, visiting, or browsing the 5ik.tv service, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, do not use the 5ik.tv service, including our website and user interfaces.

These Terms of Use are an ongoing contract between you and 5ik.tv, Inc. and apply to your use of the 5ik.tv service as made available in the U.S. They affect your rights and you should read them carefully. Different terms, conditions and limitations may apply to the 5ik.tv service available in other jurisdictions.

Changes to Terms of Use

5ik.tv reserves the right, from time to time, with or without notice to you, to change these Terms of Use in our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by visiting our website and clicking on "Terms of Use" located at the bottom of the pages of the 5ik.tv website. The most current version of the Terms of Use will supersede all previous versions.

Privacy and Communications Preferences

Any personally identifying information submitted through the 5ik.tv service is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices. The date of any changes to our Privacy Policy will be noted at the bottom of the policy. By agreeing to these Terms of Use, you are consenting to receive certain communications from us. For example, 5ik.tv may send you newsletters about new 5ik.tv features, special offers, promotional announcements and customer surveys via email or other methods. If you no longer want to receive the newsletters, other promotional announcements or non-transactional communications, simply use your account name and password to access the "Email Subscriptions" page under "My Account" and uncheck those items to unsubscribe or click on the unsubscribe link in our email communications. Please review our Privacy Policy for further detail on our marketing communications. You can also find the unsubscribe instructions there.

Membership and Billing

You can find the specific details regarding your membership with 5ik.tv at anytime by visiting our website and clicking on the "My Account" link.

  • Free Trials

    Your 5ik.tv membership may start with a free trial. The free trial period of your membership lasts for one day, or as otherwise specified during sign-up. To view the specific details regarding your free trial, if any, visit our website and click on the "My Account" link located at the top of the page and click "Membership Terms and Details." Free trials may not be combined with any other offers. If you or another member of your household has been a 5ik.tv member within the last 12 months, you are not eligible to receive a free trial. You must have Internet access and a valid Payment Method to use our service.

    We will begin billing your Payment Method for monthly membership fees corresponding to your membership plan plus any applicable tax as you sign up as paid subscriber. Your membership will continuous until you cancel the subscription. To view the specific details of your membership, visit our website and click the My Account page. 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. IF YOU CANCEL PRIOR TO THE END OF YOUR FREE TRIAL PERIOD, THERE WILL BE NO CHARGES TO YOUR PAYMENT METHOD.

    We may offer a number of membership plans, including special promotional plans or memberships with different limitations. Some of these promotional memberships are offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered membership plans. Unless otherwise stated differently, month or monthly refers to your billing cycle (See "Billing" below).

  • Billing

    By starting your 5ik.tv subscription, you are expressly agreeing that we are authorized to charge you a monthly fee or other periodically fee as you specified during subscription check out, plus any applicable tax, and any other charges you may incur in connection with your use of the 5ik.tv service to the Payment Method you provided during subscription (or to a different Payment Method if you change your account information). Additional charges may include additional NetDisk spaces, Prepaid card purchases you make or service level changes you request. Please note that prices and charges are subject to change with notice. As used in these Terms of Use, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method. The membership fee will be billed at the beginning of the paying portion of your membership and each month thereafter unless and until you cancel your membership. Visit our website and click on the "Membership Terms and Details" link on the "My Account" page to see the commencement date for your next renewal period. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership. Membership charges are fully earned upon payment. In the event your paying membership began on a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, if you became a paying member on January 31st, your Payment Method would next be billed on February 28th. You acknowledge that the amount billed each month may vary from month to month for reasons that include differing amounts due to promotional offers, differing amounts due to changes in your membership plan, changes in the amount of applicable sales tax, and charges additional services such as NetDisk upon cancellation or termination of your membership, and you authorize us to charge your Payment Method for such varying amounts. If you are eligible, and have signed up for a free trial, your Payment Method will be authorized for up to approximately one month of service; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your free trial portion. We may also periodically authorize your card in anticipation of membership or related charges. All fees and charges are fully earned upon payment. Payments are nonrefundable and THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. At any time, and for any reason, we may provide a refund, discount, bonus disc 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. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email. If you want to use a different Payment Method or if there is a change in Payment Method, such as your credit card validity or expiration date, you may edit your Payment Method information by visiting our website and clicking on the "My Account" button, available at the top of the pages of the 5ik.tv website. If your Payment Method reaches its expiration date and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you authorize us to continue billing that Payment Method and you remain responsible for any uncollected amounts.

  • Ongoing Membership

    Your 5ik.tv membership, which may start with a free trial portion, will continue in effect unless and until you cancel your membership or we terminate it. 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. We will bill the monthly membership fee at the then current rate plus any applicable tax to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). Membership fees are fully earned upon payment.

  • Cancellation

    You may cancel your 5ik.tv membership at anytime, and cancellation will be effective immediately. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS. To cancel your membership, visit our website and click the words "Cancel Membership" on the "My Account" page and follow the instructions for cancellation under the heading "Cancel Membership."

Right to Terminate

We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.

How Our Service Works

5ik.tv is an online hosting service providing its members with access to their rental equipment(s), which provides place-shifting service. We offer a variety of membership plans at varying price levels, including special promotional plans or memberships with additional services such as NetDisk space, network hosting services, at which 5ik.tv is served as service agency to help customer purchases the service. To view the details of your specific membership plan, click the "Membership Terms and Details" link on the "My Account" page.

We reserve the right in our sole discretion to make changes from time to time and without notice in how we operate our service. Any description of how our service works should not be considered a representation or obligation with respect to how the service will always work. We are constantly making adjustments to our service and often these adjustments are not completely captured within these Terms of Use.

  • Watch Instantly

    Our instant streaming functionality allows you to instantly use your equipment(s) on a 5ik.tv ready device. The availability of the rental equipment(s) to instantly watch will change from time to time. The quality of the display of the streaming 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. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible usage based data charges. 5ik.tv makes no representations or warranties about the quality of your instant watching experience on your display.

    Availability and Time Limits: The number of streaming you may watch instantly will depend the availability of the free-to-air signals. The signals may not be available due to weather condition or change of signal. We do NOT WARRANT the availability of signal whatsoever.

    Start Time: The time it takes to begin watching instantly will vary based on a number of factors, including your location, available bandwidth at the time, and the configuration of your 5ik.tv ready device. For example, high-speed action scenes may slightly delay its start time. In addition, you must be connected to the Internet throughout the watch instantly experience.

    Device Limitations and System Requirements. You may instantly watch on up to one unique authorized 5ik.tv ready devices. For certain membership plans, you will be allowed to instantly watch simultaneously on more than one 5ik.tv ready device within your household.

    To enjoy watching instantly via your personal computer, your equipment must satisfy certain system requirements.

    The number of devices and concurrent streams may change without notice to you. For certain membership plans, your available 5ik.tv ready device may be limited to personal computers.

    Geographic Limitation: You may NOT instantly watch through the 5ik.tv service anywhere other than the service area we supported. We may use technologies to verify your compliance. You will not be able to access the 5ik.tv service in the non-supported areas.

    5ik.tv streaming software: 5ik.tv streaming software is developed by or for 5ik.tv and is designed to enable instant streaming of content from 5ik.tv through 5ik.tv ready devices. This software may vary by device and medium, and functionalities may also differ between devices. For example, this software may be embedded in a 5ik.tv ready device or we may offer this software to be downloaded onto a device such as the Apple iPad, or the software may also be available on an optical media disc or USB key to be inserted into disc drives of certain devices. This software is licensed to you by 5ik.tv pursuant to these Terms of Use and solely for the purpose of using the 5ik.tv service and for no other purpose whatsoever. WE DO NOT WARRANT THE PERFORMANCE OF THIS SOFTWARE, INCLUDING ITS CONTINUING COMPATIBILITY WITH OUR SERVICE. Please refer to the Disclaimers of Warranties and Limitations of Liability set forth in these Terms of Use. Under certain of our membership plans, the streaming functionality may be available for watch instantly only on a computer, and not on other 5ik.tv ready devices. You may not copy or reproduce the software nor may you decompile, reverse engineer, disassemble, modify or creative derivative works of any of the software, or any portion thereof. Any unauthorized use of the software is strictly prohibited and 5ik.tv reserves the right to not provide the software (including updates) to you at any time and to discontinue the ability to access the 5ik.tv service through such software at any time, without prior or any notice.

    END USER LICENSE AGREEMENT: BY USING OUR SERVICE, YOU ACKNOWLEDGE AND AGREE (1) TO THE 5IK.TV END USER LICENSE AGREEMENT. AS SUCH MAY BE AMENDED OR ADDED TO FROM TIME TO TIME AND (2) TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE 5IK.TV AND RELATED THIRD-PARTY SOFTWARE. IF YOU DO NOT ACCEPT THE FOREGOING TERMS, DO NOT USE OUR SERVICE.

    We do not warrant that any of the software used and or licensed in connection with our service will be compatible with other third party software nor do we warrant that operation of our service and the associated software will not damage or disrupt other software or hardware. In addition, 5ik.tv ready devices are manufactured and sold by entities other than 5ik.tv. A 5ik.tv ready device is any electronics equipment that is authorized to decode and capable of decoding movies and TV shows that are transmitted over the Internet by 5ik.tv. These devices may include mobile devices, stand alone set-top boxes, network connected players, Internet-connected HDTVs, and game consoles. 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 5ik.tv service. Any issues related to our service, including any system requirements, are covered and limited by these Terms of Use. Please refer to the Disclaimers of Warranties and Limitations of Liability set forth in these Terms of Use. Under certain of our membership plans, the streaming functionality may be available for watch instantly only on a computer, and not on other 5ik.tv ready devices.

    In response to requests from content providers, or due to technical limitations, or for any reason in our sole and absolute discretion, and without prior notice to you, some or all movies and TV shows may not be watched, or may cease to be available for watching instantly, through our service on some 5ik.tv ready devices.

Features & Functionality

  • Social Media

    You can connect your account to Facebook. If you choose to connect, you'll be able to take advantage of various social features we will be creating as well as features available from Facebook. These features will be designed to share information with others - the essence of social media. For example, your friends and others who have access to view information about you on Facebook will be able to see that you're a 5ik.tv member as well as what you've watched, rated, what's in your queue and other information about your use of the 5ik.tv service. You'll also be able to see similar information from your Facebook friends who are connected with 5ik.tv. In addition, 5ik.tv may personalize and otherwise enhance your experience based on your Facebook information, such as your Likes and Interests. Please pay careful attention to your Facebook Connect settings in My Account as well as your Privacy Settings in Facebook which will impact this feature and give you some control over the information that is shared and who it is shared with.

    While we hope that you find the Facebook Connect feature to be a great way to share information, including discovering new movies and TV shows, you may nonetheless disconnect your accounts at anytime by clicking on the "My Account" link, selecting the "Manage Facebook Connect" link (located in the Preferences section) and then selecting "Disconnect". Facebook may also offer ways to manage the information flow. See the Facebook website for details.

    BY CONNECTING YOUR 5IK.TV ACCOUNT TO YOUR FACEBOOK ACCOUNT, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE CONSENTING TO THE CONTINUOUS RELEASE OF INFORMATION ABOUT YOU TO OTHERS, INCLUDING TO FACEBOOK (IN ACCORDANCE WITH YOUR PRIVACY SETTINGS ON FACEBOOK). IF YOU DO NOT WANT INFORMATION ABOUT YOU, INCLUDING PERSONALLY IDENTIFYING INFORMATION, TO BE SHARED INTHIS MANNER, DO NOT USE THE FACEBOOK CONNECT FEATURE. We and Facebook are continually making changes and improvements to this feature, and therefore the available features and information that is shared may change from time to time. These changes may take place without notice to you and may not be described in these Terms of Use.

  • Member Reviews

    We permit you to post reviews and ratings of movies and TV shows available through the 5ik.tv service. We do not regularly review the content posted on the 5ik.tv website; however, we reserve the right to reject, remove or edit such content at anytime without notice. Reviews should not be posted that contain: harsh, profane or discriminatory language; illegal, obscene, threatening, defamatory or otherwise objectionable content; URLs, phone numbers, mailing or e-mail addresses, personal attacks on the movie's or TV show's creative personnel; misleading information regarding the origin of the content; or a discussion of 5ik.tv policies or services. Please click on the "Reviews" link that appears on the 5ik.tv website for a link to guidelines for writing and posting member reviews. You understand and agree that we may, but are not obligated to, review the content and may delete or remove it (without notice) in our sole and absolute discretion, for any reason or no reason.

    WHEN YOU HAVE SUBMITTED A REVIEW, WE WILL DISPLAY YOUR RATINGS OF MOVIES AND TV SHOWS AND YOUR CITY AND STATE LOCATION GIVEN AT SIGN UP. BY SUBMITTING A REVIEW, YOU UNDERSTAND AND AGREE THAT YOU ARE CONSENTING TO THE RELEASE OF ALL INFORMATION PROVIDED IN YOUR REVIEW, INCLUDING YOUR RATING OF A MOVIE OR TV SHOW, AND YOUR CITY AND STATE TO A PUBLIC FORUM, INCLUDING OTHER MEMBERS OF, AND VISITORS TO, THE 5IK.TV SERVICE. IF YOU DO NOT WANT YOUR REVIEWS, RATINGS, CITY AND STATE TO BE SHARED IN A PUBLIC FORUM, DO NOT USE THE REVIEW FEATURE.

    Anyone who participates in the Review feature is automatically given an anonymous screen name ("nickname") and a generic avatar photo to represent them in public. You can update your screen name or photo/image avatar at any time, as often as desired, to identify yourself in connection with your account profile. We supply this pseudonym on your behalf so that any presented information is not personally identifiable. YOU ALWAYS HAVE THE OPPORTUNITY TO UPDATE THIS AUTOMATIC PSEUDONYM WITH A PSEUDONYM OF YOUR CHOICE, OR EVEN SUPPLY YOUR REAL NAME, BUT BY DOING SO YOU ARE CHOOSING TO DISCLOSE YOUR IDENTITY IN CONNECTION WITH YOUR REVIEWS AND RATINGS AND OTHER FORMS OF PERSONAL INFORMATION ON OUR WEB SITE.

    In addition, photos or images that you choose to post to your profile must be owned entirely by you and cannot contain the images of, or owned by, any third party, and cannot be infringing, vulgar, obscene, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable. Like the content of your review itself, you understand and agree that we may, but are not obligated to, review any photos, images or pseudonyms you create and may delete or remove them (without notice) in our sole and absolute discretion, for any reason or no reason. Please also see "Use of Information Submitted" below.

    If you no longer wish to have your reviews publicly posted, you may delete them by going into the "My Account" tab on the website and selecting "Reviews."

    Use of the Reviews feature is for your personal, non-commercial use and is at your own option and risk.

    The Reviews feature may change without notice to you and the degrees of associated information sharing and functionality may also change without notice.

  • Passwords

    The member who created the 5ik.tv account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over the 5ik.tv 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 5ik.tv Customer Support and potentially altering the Account Owner's control, the Account Owner should not reveal the last four digits of their credit or debit card associated with their account, or their email address if they use PayPal as their payment method.

    BY SHARING THE 5IK.TV SERVICE PASSWORD, THE ACCOUNT OWNER AGREES TO BE RESPONSIBLE FOR ASSURING THAT HOUSEHOLD MEMBERS COMPLY WITH THE TERMS OF USE AND SUCH ACCOUNT OWNER SHALL BE RESPONSIBLE FOR THE ACTIONS OF THE HOUSEHOLD MEMBERS.

  • Feeds

    We currently offer RSS feeds as a convenient way to pass information about your 5ik.tv account or that is publicly available on the 5ik.tv site to your RSS reader or an RSS-associated website of your choice. RSS stands for Really Simple Syndication. It allows information to be published in a standard XML format that can be accessed via a URL. 5ik.tv may also choose, at any time, to provide feeds in other formats, such as Atom. All use of the RSS and other feeds ("Feeds"), including obtaining a Feed from the 5ik.tv website or receiving it into an application or website or displaying the content received from such Feeds, is at your own option and risk, and is covered by the Terms of Use for the 5ik.tv Feeds, found here. By using the 5ik.tv Feeds, you agree to be bound by the Terms of Use for 5ik.tv Feeds. In particular, you acknowledge and agree that you are consenting to the information about your account being transferred to the location of the Feed as enabled by you and that your use of a Feed may cause personally identifying information to be associated with you, even if such information is not provided by the Feed.

Applications

You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) ("Application(s)") that interact with the 5ik.tv service. These Applications may import data related to your 5ik.tv account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and 5ik.tv is not responsible for and does not endorse the content of such Applications. You will need to make your own independent judgment regarding your interaction with these Applications. If you choose, at your sole and absolute discretion and risk, to use an Application, such Application may interact with, connect to or gather and/or pull information from and to your 5ik.tv account. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information relating to your 5ik.tv account, you are consenting to the information about your account being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if 5ik.tv has not provided such information; and (iii) your USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK, and you will hold 5ik.tv harmless for the sharing of information relating to your 5ik.tv account that results from your use of an Application. You must read all log-in boxes and other pop-up boxes closely for notices about sharing your 5ik.tv account information with, through or by any other means identified on an Application. In addition, the Application's end user license agreement, terms of use, and/or any other documentation or materials designated by the Application will govern your use of that Application. It is possible that you may be able to revoke an Application's access to your 5ik.tv account at any time, but information shared prior to revocation may continue to be viewable within, or otherwise continue to be used by, the Application depending on the policies of such Application. Certain Applications may be appear to be associated with or sponsored by 5ik.tv. While these Applications may utilize 5ik.tv trademarks with our permission, we do not take any responsibility for the performance of the Application or the use of any information shared with the Application. Use of Applications is at your own option and risk. If you have any questions, concerns, complaints, or claims about the Applications, you should contact the support or contact personnel of the Application and not 5ik.tv, unless otherwise indicated by 5ik.tv. 5IK.TV DISCLAIMS ALL LIABILITY ARISING FROM YOUR USE OF APPLICATIONS.

Account Access; Identity Protection

In order to provide you with ease of access to your account and to help administer the 5ik.tv service, 5ik.tv implements technology that enables us to recognize you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the 5ik.tv service. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.

You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or 5ik.tv ready device. If you disclose your password to anyone or share your account and/or devices with other people, you take full responsibility for their actions. Where possible, users of public or shared devices should log out at the completion of each visit. If you sell or return a computer or 5ik.tv ready device, you should logout and/or deactivate the device before doing so. If you fail to log out or deactivate your device, subsequent users may be able to access certain of your account information. To deactivate a device, go to Manage 5ik.tv ready devices and computers.

If you find that you're a victim of identity theft and it involves a 5ik.tv account, you should notify customer service. Then, you should report this instance to all your card issuers, as well as your local law enforcement agency. Also, you should be mindful of any emails requesting that you submit credit card or other account information. These types of emails, also known as phishing emails, can result in identity theft. Always access your sensitive account information by going directly to the 5ik.tv website and not through a hyperlink in an email, even if it looks official. 5ik.tv 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. 5ik.tv is not obligated to credit or discount a membership for holds placed on the account by either a representative of 5ik.tv or by the automated processes of 5ik.tv.

Disclaimers of Warranties and Limitations on Liability

THE 5IK.TV SERVICE, INCLUDING THE HOSTING, EQUIPMENT RENTAL, NETDISK, OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE 5IK.TV SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND AND WE AND OUR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE 5IK.TV SERVICE, OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH. 5IK.TV DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE 5IK.TV SERVICE, INCLUDING USE OF OUR SOFTWARE OR FUNCTIONALITIES, WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT 5IK.TV MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE 5IK.TV SERVICE, INCLUDING FEATURES, WITHOUT COMPENSATION OR NOTICE TO YOU. 5IK.TV SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, 5IK.TV READY DEVICES, AND 5IK.TV SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE). Without limiting the foregoing, we and our licensors assume no liability or responsibility for any of the following: (i) errors or omissions in the streaming delivered by the 5ik.tv service or on the 5ik.tv website or user interfaces;; (ii) recommendations or advice of Customer Service; (iii) any failures, network delays, or interruptions of the signal receptions; (iv) any failure or interruption in the availability of the 5ik.tv service and/or website or user interfaces; (v) delivery and or display of any content contained on the 5ik.tv website, user interfaces, or otherwise through the 5ik.tv service; and (vi) any losses or damages arising from the use of the service provided on the 5ik.tv website, user interfaces, or otherwise through the 5ik.tv service itself, including any losses or damages arising from streaming and/or downloading of related software, downloading and/or use of any other software, including the remote desktop tool offered by Customer Service, or any conduct by users of the 5ik.tv service, website or user interfaces. TO THE EXTENT ALLOWABLE BY LAW, WE AND OUR LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current. We do not make any representations with respect to the signals from the 5ik.tv service or the descriptions of any signal contained on our website or user interfaces. We do not represent or guarantee that your use of the 5ik.tv service will be free from interruption, loss, corruption, attack, viruses, interference, hacking, or other security intrusion and we disclaim any liability with respect thereto. No oral or written information or advice given by us or our authorized representative shall create a warranty or otherwise constitute a representation binding upon 5ik.tv or its affiliated parties.

IN NO EVENT SHALL 5IK.TV, 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 RESULTING FROM LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE 5IK.TV SERVICE, INCLUDING OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR OTHERWISE RELATED TO THE 5IK.TV SERVICE, 5IK.TV SOFTWARE OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE 5IK.TV SERVICE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES FOR LOSSES ARISING FROM THE USE OR INABILITY TO THE 5IK.TV SERVICE, INCLUDING OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF ONE MONTH'S MEMBERSHIP FEE ON YOUR MEMBERSHIP PLAN. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION OR OTHER SECTIONS OF THESE TERMS OF USE TO BE UNENFORCEABLE, THEN THOSE PORTIONS DEEMED UNENFORCEABLE SHALL BE SEVERED AND THE TERMS OF USE SHALL BE ENORCED ABSENT THOSE PROVISIONS AND ANY LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.

5IK.TV MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING 5IK.TV READY DEVICES OR THE COMPATIBILITY OF THE DEVICE WITH OUR SERVICE. Additional disclaimers or limitations of liability may be contained in the various software end user license agreements you have agreed to by using our service.

Intellectual Property

  • Copyright

    The 5ik.tv service you might use on the 5ik.tv website and user interfaces, or delivered to members as part of the service, you can watch instantly, text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, are the property of 5ik.tv or its suppliers and are protected by United States and international copyright laws or other intellectual property laws and treaties. The compilation of all content and any software or other materials provided by 5ik.tv on our website and user interfaces, or in connection with the 5ik.tv service are the exclusive property of 5ik.tv and its licensors and are protected by the copyright and trade secret laws in the territories in which the 5ik.tv service operates and by international treaty provisions. Content shall not be reproduced or used without express written permission from 5ik.tv or its suppliers. You agree to adhere to the restrictions set forth under "5ik.tv streaming software" and "Limitations on Use." You agree not to decompile, reverse engineer or disassemble any software) or other products or processes accessible through the 5ik.tv service, not to insert any code or product or manipulate the content of the 5ik.tv service in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method. 5ik.tv reserves the right to terminate your membership hereunder if 5ik.tv, in its sole and absolute discretion, believes that you are in violation of this paragraph, such violations including the 5ik.tv software restrictions, copying of movies and TV shows provided to you by us, the or the copying or other unauthorized use of our proprietary content. 5ik.tv does not promote, foster or condone the copying of movies or TV shows or any other infringing activity. The use of the 5ik.tv service, including movies and TV shows made available to you by us, is solely for your personal and non-commercial use. Please see the instructions at the end of these Terms of Use for notifying us of the presence of any allegedly infringing content of the 5ik.tv service, including any on the 5ik.tv website or user interfaces.

  • Trademarks

    5ik.tv is a registered trademark of 5ik.tv LLC. The 5ik.tv logo, Profiles, the 5ik.tv website and user interfaces, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of 5ik.tv, Inc. The trademarks, service marks and trade dress of 5ik.tv may not be used or reproduced without prior written approval from 5ik.tv and may not be used in connection with any product or service that is not affiliated with 5ik.tv, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of 5ik.tv, or in any manner that disparages or discredits 5ik.tv. Other trademarks that appear on the 5ik.tv website and user interfaces are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by 5ik.tv. Any images of persons or personalities contained on the 5ik.tv website and user interfaces are not an indication or endorsement of 5ik.tv or any particular product or our service unless otherwise indicated.

Service Content

We host equipments for customers to remote access free-to-air signals and other licensed content. And we reserve the right to display and promote advertisements through our service, including our website and user interfaces, advertisements to you in any manner we choose in our sole and absolute discretion. In addition, the 5ik.tv service allows you and other third parties to post reviews or comments concerning the entertainment distributed by us. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties through the 5ik.tv service are those of the respective authors or producers and not of 5ik.tv, or its shareholders, directors, officers, or employees or licensors. Under no circumstances shall 5ik.tv, or its shareholders, directors, officers, directors, or employees or Licensors be held liable for any loss or damage caused by your reliance on information obtained through the 5ik.tv service. It is your responsibility to evaluate the information, opinion, advice, or other content available through the 5ik.tv service.

Use of Information Submitted

5ik.tv 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 5ik.tv service, including the 5ik.tv website and user interfaces, 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 5ik.tv service. Furthermore, by posting any Feedback on our site, submitting Feedback to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, royalty-free irrevocable license and right to display, use, reproduce or modify the Feedback submitted in any media, software or technology of any kind now existing or developed in the future.

Please note 5ik.tv does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to 5ik.tv. 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 5ik.tv 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 idea you sent.

Service Testing

From time to time, we test various aspects of our service, including our website, user interfaces, service levels, plans, promotions, features, availability of signals or equipments, delivery, and pricing, and we reserve the right to include you in or exclude you from these tests without notice.

Electronic Communications

By using the 5ik.tv service, you consent to receiving electronic communications from 5ik.tv. These communications will include notices about your account (e.g., shipping and receiving, password change confirmation e-mails and other transactional information) and information concerning or related to our service, such as featured films or other entertainment information or offerings. These communications are part of your relationship with 5ik.tv and you receive them as part of the 5ik.tv membership. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Customer Service

If you need assistance with your account, you may find answers and reach Customer Service at any time here, or contact us at service at 5ik.tv where you will find the answers to many frequently asked questions and information on reaching a live Customer Service representative.

In certain instances, Customer Service may best be able to assist you by using a remote access support tool, which will enable us to interact directly with your account. We provide such support service only with your permission and in your presence (via phone and Internet connection). During the time we are providing you with remote access support service, we have full access to your desktop. If you do not want us to have this access, you should not consent to support through the remote access tool, and we will do our best to assist you through other means. The "Disclaimers of Warranties and Limitations of Liability" set forth in these Terms of Use expressly apply to the use of Customer Service, including any remote desktop access tool.

Your Conduct in Accessing the 5ik.tv Service

By accessing the 5ik.tv service, including the 5ik.tv website and user interfaces, you agree to use the 5ik.tv service, including hosting, equipment rental, NetDisk features and functionalities associated therewith, the website and user interfaces and all content and software associated therewith in accordance with all applicable laws, rules and regulations. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the 5ik.tv service. You also agree not to interfere with the servers or networks connected to any portions of the 5ik.tv service or to violate any of the procedures, policies or regulations of networks connected to the 5ik.tv service. You also agree not to impersonate any other person while using the 5ik.tv service, conduct yourself in a vulgar or offensive manner while using the 5ik.tv service, or use the 5ik.tv service for any unlawful purpose.

Limitations on Use

You must be 18 years of age or older to become a member of the 5ik.tv service. While individuals under the age of 18 may utilize the service, they may do so only with the involvement of a parent or legal guardian, under such person's account and otherwise subject to these Terms of Use. While 5ik.tv does distribute products that may be watched by children, we do not intentionally seek to collect information from individuals 13 years of age and younger (see also "Parental Controls"). Unless otherwise specified, the 5ik.tv service, and any content viewed through our service, are for your personal and non-commercial use only and we grant you a limited, non exclusive, non transferable, license to access the 5ik.tv service for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You may not download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms of Use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the 5ik.tv website, including but not limited to information contained within a member or members' Queue, without our express written consent. 5ik.tv does not promote, foster or condone the copying of movies and TV shows, digitally delivered content, or any other infringing activity. You may not circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the 5ik.tv service. You may not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of 5ik.tv without our express written consent. You may not purchase search terms or use any meta tags or any other "hidden text" utilizing the 5ik.tv name or trademarks without our express written consent. Any unauthorized use of the 5ik.tv service or its contents will terminate the limited license granted by us and will result in the cancellation of your membership.

Links and Pages

Some of the hyperlinks on the 5ik.tv website may lead to other websites or Applications that are not controlled by, or affiliated with, 5ik.tv. In addition, other websites may link to the 5ik.tv website or 5ik.tv may include links to the websites of businesses, including those that have associations with us through certain programs. For example, 5ik.tv may include pages that display and provide information on Applications, 5ik.tv ready devices or other products. These pages may provide links to third party sites where 5ik.tv members may obtain or purchase such Applications and devices. 5ik.tv has not reviewed these websites and is not responsible for the offerings of any of these sites or the content, privacy policies or terms of use of these websites or Applications. You acknowledge and agree that 5ik.tv is not responsible or liable for, and does not otherwise warrant, the actions of these third parties, the products or contents on their websites, or the performance of any Applications and devices. You should carefully review their privacy statements and other terms and conditions of use. You should also refer to the section of these terms titled "Applications" and "How Our Service Works."

Claims of Copyright Infringement

It is the policy of 5ik.tv to respect the intellectual property rights of others. 5ik.tv does not promote, foster or condone the copying of digitally delivered content or any other infringing activity. If you believe your work has been copied in a way that constitutes copyright infringement, are aware of any infringing material available through the 5ik.tv service, or know of someone who is making unauthorized use of the content available through the 5ik.tv service, please notify us at the address specified below of your concern by submitting a signed written notice containing all of the following:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest;
(ii) Identification of the copyrighted work claimed to have been infringed;
(iii) Identification of the material available through the 5ik.tv service that is claimed to be infringing, and information reasonably sufficient to permit us to locate the material;
(iv) Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, if available, your e-mail address;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the above information is accurate, and under penalty of perjury, that you are, or are authorized to act on behalf of, the owner of the copyright that is allegedly infringed.

Counter-Notification: If you are the owner or a person authorized to act on behalf of the owner of the material, which was removed from our service or disabled after we received a copyright infringement notice, and you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material, you may ask that the material be restored by sending us a counter-notification. Section 512(g) of the Copyright Act requires that your counter-notification include all of the following:

(i) Your physical signature;
(ii) Identification of the material that had been removed or disabled, including if applicable, the specific URLs where the material appeared before it was removed or disabled;
(iii) A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
(iv) Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located and that you will accept service of process from the person who provided the copyright infringement notification or an agent of such person.

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material was removed or disabled by mistake or misidentification may be subject to liability.

Once we have received your counter-notification, we will forward it in its entirety to the party who submitted the original claim of copyright infringement. The party who submitted the original claim must then notify us with 10 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material, which was the subject of the original claim of copyright infringement. If we receive notice of such an action, we will not restore the material. If we do not receive such notification, we will replace the removed material and cease disabling access to it. 5ik.tv shall have the right to terminate the account of any member who posts infringing material.

Written communications concerning copyright infringement or counter-notifications under this section of our Terms of Use should be sent to the following address:

5ik.tv, Inc.
Attn: General Counsel/DMCA Notification
456 Mariner Island Ste 102
San Mateo, CA 94404

Or e-mail to: service at 5ik.tv

Disputes; Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the state of Delaware, without regard to conflicts of laws provisions. You and 5ik.tv agree that the United States District Court for the Northern District of California and/or the California Superior Court for the County of Santa Clara shall have exclusive jurisdiction over any dispute between you and 5ik.tv relating in any way to the 5ik.tv service, our website or user interfaces, or these Terms of Use. You and 5ik.tv expressly and irrevocably consent to personal jurisdiction and venue in these courts. The parties agree that in any such dispute or subsequent legal action, they will only assert claims in an individual (non-class, non-representative) basis, and that they will not seek or agree to serve as a named representative in a class action or seek relief on behalf of those other than themselves. If any provision or provisions of these terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and shall remain in full force and effect.

Last Updated: July 21, 2011