These terms of service describe the terms and conditions pursuant to which the Atlantic Sun Conference, Inc. (A-Sun) provides you with access to the ASun.TV broadband internet video network (the "Service") and this site (the "Site"). Please read these terms carefully before using this Site. By registering for and using the Service or by otherwise using the Site, you signify your acceptance of this agreement (the "Agreement"). If you do not agree with any of the below terms, do not use the Service or this Site.
Registration. Before you are provided access to the Service, you will be required to register by submitting information through the ASun.TV registration forms. In connection with such registration, you represent and warrant that: (a) you are thirteen (13) years of age or older; and (b) the information that you provide in the registration process (including, but not limited to, credit card and billing information) is current, complete and accurate. You agree to maintain and promptly update your information so that it remains current, complete and accurate..
Member ID and Password. Upon completion of the registration process, you will be assigned a Member ID and password with which to access and use the Service. Your username will be the email address you provided at time of registration. You are responsible for any access to or use of the Service that is made with the Member ID and password assigned to you, regardless of whether you authorized such access or use. You are responsible for protecting your Member ID and password from any unauthorized use. If you believe someone has accessed the Service using your Member ID and password without your authorization, you must notify customer service. One (1) Member ID and password is permitted per subscriber. You may not assign your Member ID and password to anyone else, and any attempted assignment is void.
Fees and Payments. The current subscription programs
and fees for the Service are as stated herein. These subscription programs and
fees are subject to change.
Single Event Pass: $5.99 [Live Access Only]
Monthly Pass: $9.99/month [Live and Video On Demand (VOD) Access]
Annual Pass: $69.99/year [Live and Video On Demand (VOD) Access]
In the event of a change in any subscription fee, a notice regarding the subscription fee change will be posted here prior to the effective date of the fee change. It is the sole responsibility of subscribers to check this page from time to time for any such notices. If you are purchasing a subscription other than a Single Event Pass, your subscription will continue and renew automatically unless terminated or cancelled in accordance with this Agreement. You hereby authorize A-Sun to charge your credit card the current subscription fee for the Service, and any related taxes, at the time of your initial subscription and at the start of each renewal period, unless you cancel your subscription before the renewal period. If a charge to your credit card is denied for any reason, A-Sun shall have the right to terminate or suspend your subscription and your access to the Service. Except where otherwise expressly indicated, all payments are non-refundable. You are responsible for all federal, state and local taxes, if any, as well as any other costs and fees associated with the use of your subscription that are not specified herein as being included as part of your subscription fee.
Cancellation of Service. You may cancel your subscription by e-mailing notice to ASunTVhelp@atlanticsun.org indicating your desire to cancel your subscription. You will receive a confirmation message acknowledging your cancellation. For all subscriptions other than a single event subscription, you will be responsible for subscription fees accrued through the end of the applicable billing cycle for that subscription product in which you cancel the subscription. You will continue to have access to the Service until cancellation is effective. A-Sun may suspend or terminate your subscription and access to the Service at any time. In the event A-Sun suspends or terminates your subscription based on A-Sun's determination that you are in violation of this Agreement, the suspension or termination of your subscription, and the forfeiture of any subscription fees, is in addition to, and not in lieu of, any rights and remedies available to A-Sun under this Agreement or under applicable laws.
Availability of Service. Certain events may be available for live viewing only, while other events may be available only in recorded form. The availability of the Service is subject to broadcast and local blackout restrictions. A-Sun is not responsible for interruptions in the Service caused by the unavailability of the Internet, problems with your computer and/or network connections.
Use of the Site and the Service. You agree to use this Site and the Service in accordance with this Agreement and all applicable laws, rules and regulations. You agree not to use this Site or the Service in any way that: (a) violates the rights of others (including, but not limited to, copyrights and other intellectual property rights, and rights of privacy and publicity); (b) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable; (c) encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law; (d) contains advertising or any solicitation with respect to products or services, without A-Sun's express prior approval; or (e) may in any way give rise to liability for A-Sun,, its partners, members or licensors, or their respective directors, officers, employees, agents, service providers, or suppliers. Any conduct that in A-Sun's discretion restricts or inhibits any other individual from using or enjoying the Site or the Service will not be permitted. You may not create any links to this Site without the express prior written consent of A-Sun. Any access to or use of this Site, the Service or the computer systems used to provide them that is not in accordance with this Agreement is expressly unauthorized. The foregoing provisions are for the benefit of A-Sun, its members and its licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
Minimum System Requirements. The following system requirements are necessary for use of the Service:
· Microsoft Windows® 2000, Microsoft Windows® XP with service pack 2 or Microsoft Windows Vista
· Microsoft Internet Explorer 6+, or Firefox 1.5+
· Windows Media Player 9+
· 256 megabytes (MB) of RAM - 512 MB recommended
· Broadband Internet connection or access to a high-speed network
· Super VGA (800 x 600) or higher resolution
· 16-bit sound card
· Mac OS X v10.3.9, 10.4 and higher (inherited flip4mac requirement)
· QuickTime 6.5 or higher
· Flip4Mac plugin
· 256 megabytes (MB) of RAM - 512 MB recommended
· Broadband Internet connection or access to a high-speed network
· Super VGA (800 x 600) or higher resolution
· 16-bit sound card
· To best enjoy this service you'll need a broadband connection - a Cable Modem, DSL connection or faster will yield the best results
· For best video quality you'll need 800kbps broadband speed, however lower quality streams can be viewed at 300kbps broadband speed
Intellectual Property Rights. This Site is controlled and operated by A-Sun. ASun.TV and the ASun.TV logo are trademarks of A-Sun, and any use of such trademarks shall inure to the benefit of A-Sun. All other material on this Site, including, but not limited to publicly performed images, photographs, characters, names, graphics, logos, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, and other rights that are owned and/or controlled by A-Sun and its members.
You may use materials from this Site only for your own personal, non-commercial use. Except as otherwise expressly permitted under copyright law, material from this Site may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without express authorization.
Linked Sites. This Site may contain links to other sites on the Internet ("Linked Sites"). Linked Sites maintained by affiliates of A-Sun are operated subject to their own Terms of Service. A-Sun is not responsible for the content of any Linked Site that is not affiliated with A-Sun. The links to these sites are for your convenience only, and you access them at your own risk. A-Sun welcomes links to this Site. You may establish a link to this Site, provided that the link does not state or imply any sponsorship or endorsement of your site by A-Sun, its members, or any group or individual affiliated with A-Sun. You may not use on your site any logos, trademarks, service marks, or other copyrighted materials appearing on this Site, including but not limited to any logos or characters, without the express written consent of the owner of the mark or right. You may not frame or otherwise incorporate into another website any of the content or other materials on this Site without prior written consent of ASun or its designated agent.
DISCLAIMER OF WARRANTY. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND THE SERVICE IS AT YOUR SOLE RISK. NEITHER A-SUN, ITS MEMBERS NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, OR LICENSORS WARRANT THAT THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR THE SERVICE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE OR THE SERVICE.
THE SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
LIMITATION OF LIABILITY. IN NO EVENT SHALL A-SUN, ITS MEMBERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR THE SERVICE, WHETHER OR NOT A-SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT WILL A-SUN BE LIABLE FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON ANY CONTENT PROVIDED THROUGH THE SERVICE. IN NO EVENT SHALL A-SUN’S LIABILITY ARISING FROM ANY CLAIM RELATED TO THE SERVICE OR ANY NEWS OR OTHER CONTENT PROVIDED THROUGH THE SERVICE, EXCEED THE AMOUNT YOU PAID TO A-SUN FOR THE USE OF THE SERVICE DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOUR CORRESPONDENCE OR BUSINESS DEALINGS WITH, OR PARTICIPATION IN PROMOTIONS OF, ADVERTISERS FOUND ON OR THROUGH THE SERVICE, INCLUDING PAYMENT AND DELIVERY OF RELATED GOODS OR SERVICES, AND ANY OTHER TERMS, CONDITIONS, WARRANTIES OR REPRESENTATIONS ASSOCIATED WITH SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND SUCH ADVERTISER. YOU AGREE THAT A‑SUN SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE SERVICE.
Indemnity. You agree to defend, indemnify, and hold harmless A-Sun, its members and its content partners and each of their respective parents and affiliates together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorney's fees and costs) arising out of your misuse of the Site or the Service, your breach or alleged breach of this Agreement or your breach or alleged breach of the copyright, trademark, proprietary, or other rights of third parties.
Amendments. A-Sun reserves the right to modify the terms of this Agreement in its sole discretion at any time by posting a revised version of this Agreement or otherwise making it available for your review. Any modifications to this Agreement, including, but not limited to, any modifications to the warranty disclaimers or limitations of liability contained in this Agreement, will supersede the prior agreement provisions for all activity occurring after the revised version has been made available in the manner described above. Your continued use of the Site or the Service after the revised version is made available constitutes your agreement to the revision. If you do not agree with the modifications to this Agreement, you may cease use of the Site or cancel your subscription at any time in accordance with the provisions under the heading "Cancellation of Service."
Jurisdiction. This Agreement shall be governed by the laws of the United States of America and State of Georgia, without regard to any conflict of law principles. You and A-Sun hereby consent to the exclusive jurisdiction of the state and federal courts sitting in the State of Georgia to enforce the provisions of this Agreement and to resolve any disputes and claims cognizable in court relating in any way, or arising out of, this Agreement or the Service.
Miscellaneous. This Agreement and any operating rules for the Service established by A-Sun constitute the entire agreement between you and A-Sun. This Agreement is solely for the benefit of the parties hereto, and A‑Sun’s members and licensors, and shall not be for the benefit of others. This Agreement may not be amended or modified other than in the manner described above. If any provision in this Agreement is held to be illegal, invalid or unenforceable, the remaining terms of this Agreement shall remain in full force and effect. This Agreement and the rights and obligations under this Agreement may be transferred or assigned by A‑Sun, in whole or in part, and terms and provisions of this Agreement shall inure to the benefit of such transferee or assignee. A-Sun shall not be deemed to have waived any of its rights under this Agreement absent an express written waiver signed by an authorized representative of A-Sun. A-Sun assumes no responsibility or obligation to enforce this Agreement, which enforcement it may undertake, in whole or in part, in its sole discretion. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by A-Sun.
A-Sun.TV is a trademark of the Atlantic Sun
Conference, Inc. . Copyright © 2008. All rights reserved.
No logos, photographs, graphics or videos on this site may be reproduced without written permission.
Thank you for visiting ASun.TV, an Atlantic Sun Conference site. Your privacy is important to us. To better protect your privacy, we provide this statement explaining our online information practices and the choices you can make about the way your information is collected and used at this A-Sun site. This Privacy Notice governs all ASun.TV subscription sites.
The types of personally identifiable information that may be collected at these pages include: name, address, e-mail address, telephone number, fax number, credit card information, and information about your interests in and use of various products, programs, and services.
We also may collect certain non-personally identifiable information when you visit many of the our web pages such as the type of browser you are using (e.g., Netscape, Internet Explorer), type of operating system you are using, (e.g., Windows XP or Mac OS) and the domain name of your Internet service provider (e.g., America Online, Earthlink).
We may use the information you provide about yourself to fulfill your requests for our products, programs, and services, to respond to your inquiries about our offerings, and to offer you other products, advertisements, programs or services that we believe may be of interest to you.
We sometimes use the non-personally identifiable information that we collect to improve the design and content of our site and to enable us to personalize your Internet experience. We also may use this information in the aggregate to analyze site usage, as well as to offer you products, programs, or services.
We may disclose personally identifiable information in response to legal process, for example, in response to a court order or a subpoena. We also may disclose such information in response to a law enforcement agency's request, or where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Terms of Service, to verify or enforce compliance with the policies governing our Web Site and applicable laws or as otherwise required or permitted by law or consistent with legal requirements. Agents and contractors who have access to personally identifiable information are required to protect this information in a manner that is consistent with this Privacy Statement by, for example, not using the information for any purpose other than to carry out the services they are performing for us.
Finally, we will not use or transfer personally identifiable information provided to us in ways unrelated to the ones described above without also providing you with an opportunity to opt out of these unrelated uses.
To enhance your experience with our sites, many of our web pages use "cookies". Cookies are text files we place in your computer's browser to store your preferences. Cookies, by themselves, do not tell us your e-mail address or other personally identifiable information unless you choose to provide this information to us by, for example, registering at one of our sites. However, once you choose to furnish the site with personally identifiable information, this information may be linked to the data stored in the cookie.
We have put in place appropriate physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect online.
If you have any questions or concerns about the online Privacy Statement for this site or its implementation, you may contact us at ASunTVhelp@atlanticsun.org.
From time to time, we may update this Privacy Statement. We will notify you about material changes in the way we treat personally identifiable information by placing a notice on our site. We encourage you to periodically check back and review this policy so that you always will know what information we collect, how we use it, and to whom we disclose it.