1.2 Acceptance of TOU. To access and enjoy the Services, you, your heirs, and assigns (collectively, “you”) must agree to and at all times follow the provisions set forth in these TOU. By using the Services, you accept and agree to be bound by these TOU. Please take a moment to carefully read through these TOU. If you do not agree to these TOU, you should not use the Services.
1.3 If a registration to Free TV is entered or required to use the Services, you represent that you are entitled to disclose your third party Distributor or social network account login information to us and/or grant us access to your third party Distributor or social network account. Please keep your FREETV password used to access the Services confidential. If you disclose your password to anyone or share your account and/or devices with other people, you take full responsibility for their actions. You are responsible for all use on your FREETV account, including unauthorized use by any third party, so please be very careful to guard the security of your password. Please notify us immediately by e-mail at FREETVSUPPORT@OLYMPUSAT.com as soon as you know of, or suspect any unauthorized use of, your account. Users of public or shared devices should log out at the completion of each visit. If you sell or return a computer or device, you should log-out and deactivate the device before doing so. If you fail to log out and deactivate your device, subsequent users may be able to access your account information.
1.4 The Services. Once you download the app, you can access FREETV which provide access to different types of video on demand Content.
References to “Services” throughout these TOU are intended to include all Services available through FREETV.
ACCESS AND USE OF THE SERVICES.
3.1 Geographic Limitation. FREETV is primarily available and operated in Latin America and the Caribbean (“Territory”). Countries include: Argentina, Bolivia, Chile, Colombia, Costa Rica, Dominican, Ecuador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, Salvador, Uruguay, Venezuela FREETV may be available and operated in other countries and this TOU will be updated accordingly. We may restrict access to FREETV in its entirety or partially with respect to certain Content from other countries or locations outside the Territory in our sole discretion. You represent and warrant that you are in a location where FREETV has been made available and will not attempt to access the Services from any other location or through proxy servers located in any other location. We may use technologies to verify your geographic location and will block access to the Services based on our good faith determination that you are outside the Territory. Any unauthorized access outside the Territory could result in a termination of your access to the Services.
3.3 Your License. You are hereby granted a non-exclusive, non-transferable limited license to access the Services for personal, non-commercial purposes as set forth in these TOU. Except for the foregoing limited license, no right, title or interest shall be transferred to you.
3.4 The Content. We do not promote, condone, or allow the copying of any movies, television shows, or other digitally delivered content, or any other infringing activity. You may not either directly or through the use of any device, software, App, web-based service, or other means: (i) remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms; and (ii) copy, download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these TOU), modify, distribute, transmit, display, perform, reproduce, broadcast, duplicate, publish, license, create derivative works from, or offer for sale any Content or other information contained on or obtained from or through the Services, without our express written consent. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by us in writing. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by us. You may not build a business utilizing the Content, whether or not for profit. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by us in writing.
HOW THE SERVICE WORKS.
4.1 General. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we operate our Services. Any description of how our Services work should not be considered a representation or obligation with respect to how the Services will always work. We are constantly making adjustments to our Services and often these adjustments may not be captured within these TOU.
4.2 Availability. The availability of Content will change from time to time. 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 Content may not be watched, may only be watched for a certain period of time, or may cease to be available for watching instantly, through our Service on some or all devices. Some levels of the Services may allow you to view certain Content live, and such live Content may not be cached or recorded for later viewing and will only be available during the time period in which it is aired. The quality of the display of the streaming Content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available and/or speed of your Internet connection. You must be connected to the Internet at all times to watch the Content. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. We make no representations or warranties about the quality of your watching experience.
Android Smartphones: Samsung Galaxy, Samsung Galaxy Note, HTC One, One Mini and Nexus models 4,5 and 6. Android Tablets: Asus Nexus 7, Samsung Galaxy Tab models 2, 3, 4, 8 and 10. Devices may be added at a later date and you will be notified via the App.
OWNERSHIP AND IP RIGHTS. The Services, including all Content, software, user interfaces, text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations and software included on the Services (the “OLYMPUSAT IP”), is the property of OLYMPUSAT or its licensors or content providers and is protected by United States and international copyright, trademark, trade secret or other intellectual property laws and treaties. Any OLYMPUSAT IP that is a trademark, logo, or service mark is also a registered or unregistered trademark of OLYMPUSAT or others. Your use of any OLYMPUSAT IP, except as provided in these TOU, without the written permission of the owner of such OLYMPUSAT IP is strictly prohibited. You are also advised that we will aggressively enforce our intellectual property rights to the fullest extent of the law. For purposes of clarification, you may not, without express written consent purchase search terms or use any meta-tags or any other “hidden text” utilizing the OLYMPUSAT IP. Any images of persons or personalities contained on the App and in connection with user interfaces are not an indication or endorsement of OLYMPUSAT or any particular product or our service unless otherwise indicated.
YOUR RESPONSIBILITIES AND RESTRICTIONS ON USE. The following Rules of Conduct apply to the Services. You agree that you will not utilize the Services in a manner that:
violates the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;
uses technology or other means to access, index, frame or link to the Services that is not authorized by us in writing (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of the Services);
involves accessing the Services through any automated means such as “robots,” “spiders,” or “offline readers” (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices – but not caches or archives – of the Services and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);
results in the viewing of programming in areas open to the public or in commercial establishments or in the rebroadcasting, transmitting or performance of the programming, charging admission for its viewing or transmitting or distributing running accounts of it or violating any additional public performance limitations;
uses, transfers, distributes, or disposes of any information contained in the Services in any manner that could complete with the business of OLYMPUSAT or any of its affiliates;
results in the sending of spam or unsolicited mailings or in the harvesting of information about users for the purpose of sending spam or unsolicited mailings;
introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
damages, disables, overburdens, impairs, or gains unauthorized access to the Services, including our servers, computer network, or user accounts;
removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the Services;
uses the Services to advertise or promote services that are not expressly approved in advance in writing by us;
encourages conduct that would constitute a criminal offense or give rise to civil liability;
violates these TOU or any guidelines or policies posted by us;
interferes with any other party’s use and enjoyment of the Services; or
attempts to do any of the foregoing.
5 Service Fee.
FREETV will be made available at no additional charge to you, however, we reserve the right to charge a fee for the Service in its entirety or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion and without individual notice to you. Any changes in the cost of the Service to you will be posted directly on the App. From time to time, we may offer discounts on products, give-aways and other promotions in our sole and absolute discretion. We may modify or discontinue any of these promotions at any time with 30 days advanced notice to you by posting a message on the App. Once posted thereto on the App, you acknowledge, accept and agree that notice shall be deemed given and received by you.
6 Suspension/Discontinuation/Termination. We reserve the right to immediately terminate, suspend or otherwise restrict your account or your use of the Services or access to Content at any time, without notice or liability, if we determine in our sole discretion that you have breached these TOU, violated any law, rule or regulation, engaged in other inappropriate conduct, or for any other business reason, including if your use of the Services or access to Content places an undue burden on our networks or servers. We will not be liable to you for any modification, suspension, or discontinuance of the Services.
8 THIRD PARTY WEB SITES, ADVERTISING AND APPLICATIONS.
8.2 Advertisements. We take no responsibility for advertisements or any third party material posted on the Services, nor do we take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while using the Services are between you and the advertiser, and you agree that we are not liable for any loss or claim that you may have against an advertiser.
9 DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY. YOU AGREE THAT USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE DO NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE.
IN NO EVENT SHALL WE, OUR AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT LICENSORS) (COLLECTIVELY, THE “OLYMPUSAT PARTIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH THE SERVICES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE OLYMPUSAT PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE SERVICES OR THE AMOUNT OF $50 (WHICHEVER IS LESS). SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, IN WHICH CASE THE ABOVE EXCLUSIONS MIGHT NOT APPLY TO YOU.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE OLYMPUSAT PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEY’S FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE SERVICES (INCLUDING YOUR USE OF THE CONTENT). WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT. If you believe that any Content or other material provided through the Services, including through a link, infringes your copyright, you should notify us of your infringement claim in accordance with the procedure set forth below. We will process each notice of alleged infringement that we receive and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to our copyright agent at dmca@OLYMPUSAT.com (subject line: “DMCA Takedown Request”). You may also contact us by mail or facsimile at:
c/o OLYMPUSAT, INC
477 S. Rosemary Ave Suite 306
West Palm Beach, FL 33406
Telephone: (561) 249-5215
Fax: (240) 371-7187
To be effective, the notification must be in writing and contain the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Services that is reasonably sufficient to enable us to identify and locate the material; (iv) how we can contact you, such as your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you that the above information in your notice is accurate and under penalty of perjury that you are or are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material. We have a policy of terminating repeat infringers in appropriate circumstances.
10 DISPUTE RESOLUTION AND CLASS ACTION WAIVER.
PLEASE READ THE FOLLOWING SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS AND YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.
PROCEEDINGS TO RESOLVE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither you or Olympusat will seek to have a dispute heard as a class action or private attorney general action or in any other proceedings in which either party acts or proposes to act in a representative capacity.
In order to expedite and control the cost of disputes, you and we agree that any legal or equitable claim arising out of or relating in any way to your use of the Services or these TOU, and the formation, validity, enforceability, scope, or applicability of this TOU, including this Section 12 (referred to as a “Claim”) will be resolved as follows:
10.1 Informal Resolution. We will first try to resolve any Claim directly between us informally, meaning mutual agreement between us. Accordingly, neither of us may start a formal proceeding (except for Claims described in Section 10.3 and 10.4 below) for at least 60 days after one of us notifies the other of a Claim in writing. You will send your notice to FREETV, c/o OLYMPUSAT, INC., 477 S. Rosemary Avenue, Suite #306, West Palm Beach, FL 33401, and we will send our notice to your billing address.
10.2 Formal Resolution. Except as provided in Section 10.3 and 10.4, if we cannot resolve a Claim informally, any Claim either of us asserts is agreed will be resolved only by binding arbitration and not in courts of general jurisdiction. The arbitration will be conducted under the rules of JAMS that are in effect at the time the arbitration is initiated (referred to as the “JAMS Rules”) and under the rules set forth in this TOU. If there is a conflict between JAMS Rules and the rules set forth in this TOU, the rules set forth in this TOU will govern. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL. You may, in arbitration, seek any and all remedies otherwise available to you pursuant to your state’s law. If you decide to initiate arbitration, we agree to pay the arbitration initiation fee and any additional deposit required by JAMS to initiate your arbitration. We also agree to pay the costs of the arbitration proceeding. Other fees, such as attorney’s fees and expenses of travel to the arbitration, will be paid in accordance with JAMS Rules. The arbitration will be held at a location in your hometown area unless you and we both agree to another location or telephonic arbitration. To start an arbitration, you or we must do the following things:
(i) Write a Demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.
(ii) Send one copy of the demand for arbitration to us.
10.3 Special Rules.
(i) In the arbitration proceeding, the arbitrator has no authority to make errors of law, and any award may be challenged if the arbitrator does so. Otherwise, the arbitrator’s decision is final and binding on all parties and may be enforced in any federal or state court that has jurisdiction.
(ii) Neither you nor we shall be entitled to join or consolidate claims in arbitration by or against other individuals or entities, or arbitrate any claim as a representative member of a class or in a private attorney general capacity. Accordingly, you and we agree that the JAMS Class Action Procedures do not apply to our arbitration. A court may sever any portion of Section 10 that it finds to be unenforceable, except for the prohibition on class, representative and private attorney general arbitration.
10.4 Time to Bring A Claim: You agree to work with Olympusat to resolve any issue that may arise out of the use of this TOU promptly. However, if we cannot, you expressly agree to bring any claim within one year after the claim arises otherwise the claim is waived. This limitation applies regardless of which venue this claim is or could be otherwise asserted.
11.1 Electronic Communications. If you elect to register for the Services when such capability is made available, your use of the Services shall be deemed your consent to receiving electronic communications from us via the App. These communications may include notices about your account, confirmation e-mails (if your email is collected via a contest or promotion), and information concerning or related to the Services, and may include newsletters and promotional communications from us if you have chosen to receive such communications during sign-up and have not opted out. 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.
12 CONTACT INFORMATION. If you have any questions about these TOU or the Services, visit FREETV “Help” Menu or contact us by e-mail at FREETVSUPPORT@OLYMPUSAT.com