TERMS AND CONDITIONS OF CONTRACT AND USE OF THE “ONETORO TV” SERVICE
Effective from February 27, 2024
1. OBJECT.
This document establishes the Terms and Conditions of contract and use (“Terms of Use”) for the provision of the Subscription Service (the “Services”) to ONETORO TV (“ONETORO TV") and the relationships between the subscriber (hereinafter, the "CLIENT") and the Service Provider, ONETORO TV SPN, SL (hereinafter, "ONETORO TV", "we"), with NIF B-88.612.676 , 2. domiciled at C/ Expósito nº 34, CP 41,927, Mairena del Aljarafe (Seville) and registered in the Mercantile Registry of Seville, in Volume 7,436, Folio 201, Registry Sheet SE-140,037.
By accessing and/or using the Services, the Site or the ONETORO TV applications, the CLIENT accepts without reservation these Terms of Use, the assumption and understanding of which becomes essential for the provision of the Service by ONETORO TV. The CLIENT declares that he has read, understood and accepted these Terms of Use, made available at all times and prior to contracting at https://onetoro.tv/pages/terms.
Any amendment, addition, change or modification of the conditions contained in these Terms of Use will be reflected in an update of this publication, although the CLIENT agrees to consult these Terms of Use periodically to be aware of changes.
Continued use of the Site after the publication of any change in these Terms of Use will mean acceptance, by the CLIENT, of said changes, which will apply from their publication.
Failure to accept these Terms of Use implies that the user is not authorized to use any chargeable Services, the subscription or access of which is their sole responsibility.
Without prejudice to express references to distributors of the SERVICE (“distributor” or “distributors”) and the obligations that are specifically provided for them, these Terms and Conditions are equally applicable, under the same circumstances, to distributors and CUSTOMERS who may contract the Service through its intermediation.
2. DESCRIPTION AND CONTRACTING MODALITIES.
2.1. DESCRIPTION.
The ONETORO TV Service is a Paid Service, subject to these Terms of Use, consisting of Any amendment, addition, change or modification of the conditions contained in these Terms of Use will be reflected in an update of this publication, although the CLIENT agrees to consult these Terms of Use periodically to be aware of changes. a non-exclusive, non-transferable right - except for the multi-device plans provided for this purpose - and limited to access, use and display the content available in VoD and/or streaming on the ONETORO TV platforms (the “Services of Payment” or simply the “SERVICE” or the “SERVICES”), upon prior subscription by the CLIENT, during the applicable period according to the contracted rate, and as long as the CLIENT fully complies with the provisions of these Terms of Use.
In addition to this, and if in the future the technology available on ONETORO TV allows it, the CLIENT will be able to access the available functionalities with the limitations determined by ONETORO TV at any time based on the access technology, such as recording some or all the contents available in the Service, “Live Control” and “View from Home”.
Without prejudice to what is regulated in these Terms and Conditions (“Conditions of Use”), the CLIENT agrees not to assign, transfer or sublicense his rights as a registered user or subscriber of our Services, and understands: i) that only the CLIENT can use his user account and password, with the sole exception of multi-device plans that are conveniently offered; ii)that your payment to our fee-based Services cannot be shared with others. CUSTOMER agrees to be financially responsible for all use or activity of the Paid Services purchased and/or subscribed using his or her account.
ONETORO TV may modify the contents, and may vary their number and composition, either depending on the contractual commitments it maintains with third parties, or due to the modifications that they make to them, or according to availability.
As long as current legislation allows it, ONETORO TV content is available worldwide. Pursuant to European Regulation 2017/1128 of June 14, 2017 regarding the cross-border portability of online content services, the CUSTOMER who is temporarily located in a Member State of the European Economic Area (hereinafter, EEA) may access the Service on your devices and use them in the same way as in Spain, having access to the same content and with the same range of functionalities.
“Being temporarily in an EEA Member State” means the CUSTOMER's presence for a limited period of time in an EEA Member State other than Spain as the State of residence.
2.1.1. Personal and non-commercial use
Unless the CLIENT subscribes to a commercial Subscription Plan, if this is provided for in the SERVICES offer, his use of the SERVICE will be limited exclusively to his personal and non-commercial use, and any other use of the SERVICE that does not comply with what is contemplated in this paragraph.
The CLIENT agrees to use the SERVICE only for domestic use, and the display of content in public places or for groups is expressly prohibited. In any case, the conditions of good use established in these Terms of Use will apply.
2.1.2. Commercial use
If the CUSTOMER intends to obtain any commercial benefit from the ability to access, use and display the SERVICES, he/ she understands that he/she is completely prohibited from using the SERVICES, unless he/she subscribes to the SERVICES expressly intended for business or business establishments.
It is considered that there is an intention to obtain a commercial benefit if any of the following circumstances occur:
CUSTOMER agrees that if CUSTOMER intends to derive any commercial benefit from the ability to access or use the Services, CUSTOMER is limited to subscribing to the paid Services offered to merchant establishments. Merchants who have purchased a merchant subscription can display paid Services in one place. Separate subscriptions are required for each location in which a business establishment seeks to display Fee-Based Services.
2.2. CONTRACTING AND ACCESS MODALITIES.
The contractable plans available for the provision of the Service and the rates applicable to them have been provided by ONETORO TV and are available to the CUSTOMER on the website https://onetoro.tv.
THE CUSTOMER, depending on the contracted service and the coverage of the different technologies, may access the Service through the following options:
All access will require basic equipment contemplated in Clause 4 (“technology necessary by the CLIENT”).
The contracting modalities are, always and in any case, annual, without prejudice to the following offers which, for illustrative and non-limiting purposes for ONETORO TV, are mentioned hereinafter. All payments are made in advance at the time of subscription, except for the following plans which are cited for illustrative and non-limiting purposes for ONETORO TV:
By way of example and not limitation, the basic Subscription Plans as of the date of publication of these Terms of Use are as follows (without prejudice to the variations that may occur in accordance with the provided for in these clauses): Subscription plan |
Payment time |
Access |
Permanence |
Fractional annual plan (individuals) |
Advance payment of the entire annuity, although prorated each month of subscription. Non-enjoyment or early cancellation does not give the right to annual total price reductions |
From the moment of subscription until the end of the subscription |
One year |
Standard annual plan (individuals) |
Advance payment at the time of subscription |
From the moment of the subscription until the end of it |
One year |
“Premium” annual plan (individuals) |
Advance payment at the time of subscription |
From the time of subscription until the end of the same, with up to two simultaneous devices. |
One year |
Flexible monthly plan (individuals) |
Advance payment with each period monthly hiring |
For thirty (30) continuous days, uninterrupted and nonfracable. |
No |
Monthly HORECA plan (establishments) |
Prorated advance payment each month of subscription. Nonenjoyment or early cancellation does not give the right to price reductions |
From the moment of subscription until the end of the subscription |
One year |
Annual HORECA plan (establishments) |
Payment in advance at the time of subscription |
From the moment of the subscription until the end of it |
One year |
The CUSTOMER may modify, at any time, his/her Subscription Plan, depending on whether other one(s) are available given his/her status as an individual or establishment, as long as he/she makes the payment with a credit or debit card directly to ONETORO TV.
Without prejudice to the variations that the previous Basic Plans may suffer, said offer is only exemplary and may not correspond exactly to the number or types of plans that are in force at a specific time. All the Plans mentioned are limited to an offer in force on the date of publication of these Terms of Use, which does not imply that: i) they remain unchanged; ii) that they are available at all times; iii) that ONETORO TV assumes an obligation to offer them as described, without interruptions or modifications, or that is obliged to maintain them; iv) that ONETOROTV renounces its power to modify the available offer of one or more Plans.
The cancellation of a subscription or the abandonment or modification of a Plan, by the CLIENT, will imply the loss of the right to subscribe to said Plan, and, in the case of a new registration or subscription, the CLIENT will only have the new current plans available. on such occasion, without the possibility of contracting old Plans (even if they were in force) or returning to them.
3. CANCELLATION POLICY.
The CLIENT can cancel his subscription at any time:
The cancellation will take effect:
If CUSTOMER cancels their subscription before the end of the subscription period, we will not refund any subscription fees already paid to us for that subscription period, and any canceled monthly billing periods will accrue as a permanence penalty for those plans. that contemplate the merited permanence.
If the subscription is subject to automatic renewal, ONETORO TV must receive the cancellation request at least fifteen (15) days in advance of the last day of your subscription period in force at that time. We reserve the right to collect any outstanding fees, surcharges or costs incurred before your cancellation takes effect.
CUSTOMER will continue to have access to their subscription until the end of their then-current subscription period following any cancellation, except in the following cases:
Upon expiration of your subscription to the paid services, we may deactivate your user account and all related information and/or files in your user account and/or block any further access to such information and/or files.
In the event of any cancellation, no refunds will be made, not even partial, in accordance with the clause 7.1.1. of these Terms and Conditions.
4. BASIC REQUIREMENTS TO SUBSCRIBE.
4.1. BASIC PERSONAL CONDITIONS TO SUBSCRIBE.
To contract, use and access the ONETORO TV Services, the CUSTOMER must be over age and have one of the payment methods contemplated in these Terms and Conditions.
4.2. REGISTRATION CONDITIONS.
By registering on the Site, and regardless of whether or not the CLIENT actually uses his or her subscription, the CLIENT accepts:
ONETORO TV reserves the right to suspend or cancel CUSTOMER's user account and refuse any current or future use of the Service (or any part thereof) upon reasonable grounds to suspect that the registration data is false, inaccurate or incomplete. CUSTOMER acknowledges and agrees that ONETORO TV assumes no liability associated or arising from failure to maintain accurate Registration Data. Furthermore, the CLIENT expressly authorizes ONETOROTV to verify said registration data.
The CUSTOMER expressly acknowledges and accepts that ONETORO TV uses the Registration Data to iv. age and have one of the payment methods contemplated in these Terms and Conditions. send you important information and notices about the account and the Service, commercial messages and other promotions via email, SMS or any other means of contact. You can unsubscribe from commercial messages and other promotions through the unsubscribe mechanism contained in the corresponding message.
Registration on the ONETORO TV Site or subscription to the Service requires the establishment of a user account and the provision of a username and password, the obligations of which are set out in Clause 9.
In the case of access to certain contents of the Site without the need to register as a user, the Site user accepts that their identification is based on means that ONETORO TV considers appropriate, such as the data on their device.
ONETORO TV excludes any liability for damages of any kind that may be due to the incorrect identity of the users and the lack of veracity, validity, completeness and/or authenticity of the information that users provide about themselves and provide or make accessible to other users and, in particular, although not exclusively, for damages of any kind that may be due to the impersonation of a third party carried out by a client or user in any type of communication made through of the services.
5. TECHNOLOGY NEEDED BY THE CUSTOMER.
In any of the playback formats, the CLIENT must have, for a satisfactory experience, the basic hardware not provided by ONETORO TV (smartphone, iPAD, tablet, PC, Smart TV or other compatible devices), with the basic software (web browser internet with support and/or applications) and with a stable internet connection, which must develop a minimum download speed of 8-10Mbps and a minimum upload speed of 2-5Mbps.
If the broadband connection is weak, quality problems may arise with the sound and/or image.
It is possible to play the content using an HDMI cable connected between a compatible Device and a monitor (such as a TV), although the CUSTOMER understands that they must support HDCP technology and that its use is not recommended.
The Service is not available on “rooted” devices or devices subjected to “jailbreak” or any similar procedures.
6. AVAILABILITY; CONTINUITY OF SERVICE; USEFULNESS AND RELIABILITY; QUALITY; LEGALITY.
The availability and use of the Service may be limited based on age (minors cannot subscribe), geographical location (in application of current legislation and available technologies), commercial or non-commercial use or other relevant criteria that ONETORO TV considers, hereinafter, establishing. The CUSTOMER accepts that ONETORO TV may deny subscription to the Service, or may cancel an already formalized subscription, at any time according to these criteria.
Depending on the geographical location of the CUSTOMER, restrictions may apply to certain payment services, as some payment methods are restricted in certain areas of the world, and this may influence the reception of the Service in certain locations. The CLIENT will refrain from accessing the Service outside the territories permitted by current legislation or in an area where access restrictions to certain Internet sites apply.
The contents are only available in Spanish without subtitles. Navigation and instruction menus, program titles and descriptions are available in Spanish, French and English.
The Service is not available offline. Some content is available in high definition (HD).
Some content is available through the “catch up” or “last seven days” service, which allows access to the channel's content broadcast in the last week. The channel will also be able to repeat the most important events at other times than live.
ONETORO TV cannot guarantee that ONETORO TV content is authorized for reproduction in all States of the world. Access to the Site and the contents included therein, by the CLIENT, is under its own strict responsibility and at its own initiative and risk; Likewise, the CLIENT is responsible for complying with the applicable legislation in the territory in which it is located find.
ONETORO TV content is provided “as is” and without warranties of any kind.
ONETORO TV does not guarantee that the information contained on the Site is accurate, complete, and truthful or that the Site will be free, at all times, from errors and/or viruses. ONETORO TV is not responsible for the offensive or illegal conduct of users of the Site or third parties with access to it.
ONETORO TV does not control in advance and does not guarantee the absence of viruses in the content available on the Site, transmitted, disseminated, stored, received, obtained or accessible through the Site, nor the absence of other elements that may cause alterations in the Site. CUSTOMER equipment.
The Site may contain links and redirects to other websites and advertisers. Links to and from the Site to other sites, maintained by third parties, do not constitute an endorsement by ONETORO TV of the third party content. Access, by the CLIENT, to pages outside the Site, or to other Internet sites, redirected from the Site, will be at their own risk.
ONETORO TV cannot guarantee that the Service will be useful for carrying out any particular activity, nor the reliability of the Service.
ONETORO TV excludes any liability for damages of any kind that may be caused in relation to access to the Site and enjoyment of the Service, unless they are due to causes exclusively attributable to ONETORO TV.
7. OBLIGATIONS OF ONETORO TV.
Under this contract, ONETORO TV will provide the Content Access Service, as well as CUSTOMER service.
The CUSTOMER service is a web consultation service https://onetoro.tv/pages/faq that includes a Diagnosis and Incident Resolution. Customer service hours will be Monday to Thursday, from 8:30 a.m. (CET) to 2:00 p.m. (CET) and from 3:00 p.m. (CET) to 6:00 p.m. (CET), and on Fridays, from 8:30 a.m. (CET). CET) to 15:00 (CET). The web support service may not be available 24 hours a day or 7 days a week, especially for site maintenance operations.
Notwithstanding the above, ONETORO TV undertakes to undertake its best efforts to resolve possible interruptions to the Services (either access to the Site or assistance) in the shortest possible time.
The CUSTOMER service includes failures originating from the Site or the Applications, but in no way covers their misuse, manipulation by outside personnel and, ultimately, any cause attributable to the CUSTOMER, in which case the CUSTOMER will be obliged to pay the price corresponding to the provision of the assistance service.
CUSTOMER service does not include technical assistance for incidents on the CUSTOMER's equipment.
ONETORO TV is not responsible for the CLIENT's computer equipment or for any alterations that their access may cause to the normal functioning of the Service. Likewise, it is not responsible for the lack of availability or interruptions caused by the intervention of a third party, or for the misuse of the equipment or the Service by the CUSTOMER or people close to him, as well as as a consequence of resolutions or requirements. judicial or administrative.
8. PRICES.
ONETORO TV provides the rates on its website https://onetoro.tv, without prejudice to the rest of the conditions of each Subscription Plan provided for in Clause 2.2.
ONETORO TV reserves the right to modify the subscription rates, at any time, with one (1) month's prior notice, which, if applicable, will be communicated through the means provided for in clause 18, or in any other way. other means it deems appropriate.
Such price increases will be applied prospectively and the CUSTOMER will be notified of the increase. The CLIENT has the right to express his/her disagreement with the new rates and unilaterally resolve the service provision relationship regulated in these Terms of Use, without this resulting in any penalty or additional cost to the CLIENT.
9. OBLIGATIONS OF THE CUSTOMER.
9.1. PAYMENT OF THE PRICE; BILLING AND BILLING PERIOD; PAYMENT METHODS.
As consideration for the service, the CLIENT will be obliged to pay the price corresponding to each modality in accordance with the prices in force at all times.
The following preferred payment methods are accepted:
The CUSTOMER authorizes ONETORO TV to process any and all account transactions initiated through the use of his or her username and password. With the subscription and/or proportion of a payment method, the CUSTOMER authorizes ONETOROTVa to charge the subscription prices to their indicated payment method
Subscription Period: Payment for fee-based Services will provide access in accordance with the period provided during registration ('Subscription Period'), subject to all prices being considered annual, with the sole exception of those specific plans for which prices, subscription or payment periods of another duration are expressly provided.
Payment and Billing Information: You will be billed in advance for the cost of the entire subscription period, plus applicable taxes, transaction fees and other charges and fees incurred to access the fee-based Service, except for those plans where expressly Payment in installments or subscription durations of less than one year are foreseen, in which case it will be billed according to the contracted billing period. To this end, CUSTOMER must provide a current, valid and accepted payment method (which may be updated in your CUSTOMER area, “Payment Method”) for payment, as well as true, accurate and complete information as required by the process. register. By submitting the Payment Method, CUSTOMER represents and warrants that your use of such Payment Method is authorized and that all information you submit is true and accurate (including, but not limited to, your name, address, telephone number, business address, email, credit card and/or account number and expiration date). By doing so, you also authorize charges to your Payment Method for all accrued amounts payable by CUSTOMER based on the subscription/billing plan you select, including, but not limited to, any applicable taxes. The CUSTOMER agrees to maintain and immediately update the Payment Method and any other information provided for the provision of the Service. You can edit your Payment Method information by accessing your user account. For certain payment methods, the issuer of the Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for more details.
The payment corresponding to the Service will be due from the moment the invoice corresponding to the Service is presented and will be made through the Payment Method indicated for this purpose by the CUSTOMER or, failing that, instead enabled by ONETORO TV, at its presentation for collection.
If a payment is not successfully settled, whether due to expiration, insufficient funds or otherwise, and you do not edit your Payment Method information, CUSTOMER remains responsible for any amounts accrued and not collected.
In the event that it is not possible to make the payment, ONETORO TV reserves the right to cancel the CLIENT's access to the service.
ONETORO TV will reestablish the suspended services (but not the canceled ones) within the next business day of the one that has proof that the amount of the overdue billing has been paid, charging the CUSTOMER, as a means of rehabilitation of the services, the amount of thirty (30) euros.
Likewise, in the event of non-payment, the data related to the debt may be communicated to the following entities dedicated to the management of credit information systems: ASNEF, a system managed by the company EQUIFAX IBERICA SL and BADEXCUG, a system managed by the company Experian Bureau de Crédito, SA and any other that is timely communicated to the CUSTOMER.
All sales are final. All payments for subscriptions are non-refundable and prices and fees will not be prorated for partially used periods, except as provided in these Terms and Conditions for the Monthly Plan.
9.2. AUTOMATIC RENEWAL.
By subscribing to a paid Service and providing or designating a payment method, the CUSTOMER authorizes ONETORO TV to charge the subscription prices, in his payment method, at the beginning of his billing period and, where applicable at the beginning of each renewal period, unless the CUSTOMER terminates or cancels its subscription period in accordance with the content of these Terms and Conditions, before the corresponding renewal period begins.
Each time the CUSTOMER is charged for its renewal, the renewal charge will be the same as the charge for the previous period, unless: (a) it was eligible, at the time of contract, for a discounted rate that is no longer valid. available, in which case the renewal charge will be in an amount equal to the then-current regular price for the Service to which you subscribed; or (b) we notify you in accordance with these Terms and Conditions, in advance at the time of registration or before the beginning of the renewal period, that the renewal price will change.
Prior to the automatic renewal, ONETORO TV will make available to the CLIENT the Terms and Conditions applicable to the new subscription period, without prejudice to any changes that may be applicable to said Terms and Conditions during the validity of the contract.
9.3. PERMANENCE COMMITMENTS.
All subscription plans, with the exception of the Flexible Monthly Plan, have an annual duration. The early cancellation of the service, either by ONETORO TV under the Terms and Conditions herein and due to non-compliance by the CLIENT, or by the CLIENT voluntarily, will imply the early and immediate accrual of all amounts not collected for the duration remaining until reach one year, as a penalty for permanence, and will not give the right to any compensation in favor of the CLIENT.
9.4. GENERAL CONDITIONS OF USE.
The CUSTOMER undertakes to use the Service in accordance with the law, morality, good customs and public order.
By using the Service, the CUSTOMER agrees to be bound by the Terms of Use scrupulously. ONETORO TV reserves the right to cancel access to the Service, the user account and/or password of the CLIENT in the event of breaches originating at any time and detected by both ONETORO TV and those it designates.
Without prior notice or liability, upon detection of any breach or risk of breach, ONETORO TV may interrupt, modify or alter any aspect of the Service, including, but not limited to: (i) limiting the time of availability of a Service to a CUSTOMER concrete; (ii) restrict the amount of access allowed; (iii) restrict or terminate any user's right to use any of the Services.
Failure to comply with the Terms of Use entitles ONETORO TV to immediately deactivate or delete the user account and all information and/or files related to it, and/or prohibit any further access to said information and/or files or to the Service. .
ONETORO TV assumes no liability, either towards the CLIENT or towards third parties, for the termination or cancellation of the CLIENT's access to their account or the Service, provided that it is based on a breach of the Terms of Use by the CLIENT or a third party. .
Your user account: CUSTOMER agrees not to register or subscribe to more than one account, create an account in the name of another person or create an account under a false or misleading identity in any of the payment services.
If CUSTOMER's subscription is revoked for any reason, CUSTOMER agrees not to register or subscribe to the Services under any other username or by any other means. Yes ONETORO TV has reason to suspect that an account shares an identity with another that has been previously cancelled, reserves the right to cancel any new account that has been registered under these circumstances, without prior notice, or to take any other actions or measures that may be applicable.
You are entirely responsible for maintaining the confidentiality of your password and user account information. You must notify us immediately of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card or other information. person. In the event of a security breach by you, you will remain responsible for any unauthorized use of your subscription until you update your payment method.
You are entirely responsible for any and all activities that occur under your user account.
9.5. OWNERSHIP AND USE RESTRICTIONS.
The onetoro.tv and https://onetoro.tv/auth/login pages are operated by ONETORO TV. The content and materials included on the Site (including, but not limited to, video, audio, photos, text, images, logos and other intellectual property related to the events and participants in the festivities) are the property of ONETORO TV, or ONETORO TV has a license or exclusive rights for its exploitation.
Republishing, uploading, publishing, transmitting, reproducing, distributing, copying, publicly displaying or using the contents of the Site except as provided in these Terms, without the written permission of ONETORO TV, is strictly prohibited. ONETORO TV authorizes the CUSTOMER, in these Terms and in general terms, to use the property rights
intellectual, industrial property and business secrets related to the Services of which it is the owner solely to use the Services in accordance with the provisions of these Terms of Use, without granting any other license or authorization of use of any kind.
The CUSTOMER may not download the material displayed on the Site, not even for personal and non-commercial use, as long as current legislation does not require otherwise regarding copies for personal use. In the event that current legislation requires allowing the downloading of private copies, the CLIENT agrees to respect all copyright and other proprietary notices contained in the materials. CUSTOMER may not distribute, reproduce, republish, display, modify, transmit, reuse, repost, link or use any service, content or material from the Site, for public or commercial purposes, on any other website or otherwise. manner without the express written authorization of ONETORO TV. Modification of any material displayed on the Site is a violation of the copyright and other proprietary rights of ONETORO TV.
All trademarks, logos and service marks (collectively, the 'Trademarks') displayed on the Site are trademarks of their respective owners. Nothing contained on the Site should be construed as granting any license or right to use any trademark displayed on the Site without the written permission of its respective owner.
Your use of the trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms, is strictly prohibited.
The images of people or places shown on the Site are the property of ONETORO TV or are published with the permission of their owners. The use of these images by the CUSTOMER, or any other person with access to their account, whether authorized or not by the CUSTOMER, is strictly prohibited, unless specifically permitted by these Terms of Use. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable data protection laws. ONETORO TV does not guarantee that access to the content displayed on the Site will not infringe the rights of third parties other than ONETORO TV or that collaborate with it.
The CLIENT agrees not to assign, transfer or sublicense their rights as a registered user or subscriber of our paid Services. The CLIENT also understands that only he can use his user account and password, which are non-transferable, and that his subscription cannot be shared with third parties other than him. The CUSTOMER will be liable, including monetarily, for any use or activity of the Service carried out from their user account.
No more than one simultaneous playback is allowed with one login, and simultaneous playback is restricted to one device. The CLIENT can have the ONETORO applications TVs installed on multiple devices, but these cannot be used simultaneously. Yes, it is possible to register different devices.
9.5.1. CORRECT USE OF THE SERVICES AND LIMITATIONS.
The Service and all content accessed through the Site are for the CUSTOMER's personal and domestic use and are not marketable. During the subscription to ONETORO TV, grants you a limited, non-exclusive, non-transferable right to access the Service through the use of a single simultaneous device, owned by the Subscriber. Likewise, access cannot be shared with other devices other than the one registered for each Subscriber access, nor can access to the Service be communicated to third parties, or transferred to them - with the exception of liberalities typical of social customs, such as subscription gifts.
The CUSTOMER undertakes to refrain from obtaining, or attempting to obtain, the contents and information of the Service using means or procedures other than those that ONETORO TV provides for their enjoyment.
Without prejudice to any others that also imply a use other than that contemplated in these conditions, the following will be considered uses contrary to good use, by way of example, but not limited to, whether perpetrated by the Subscriber, by the DISTRIBUTOR or by a third:
1) Use of different devices simultaneously —unless authorized in a plan—, access through unregistered devices and/or owned other than that of the Subscriber.
2) Sharing or transfer of access with other devices other than the one registered for each Subscriber access.
3) Communication or transfer to third parties, other than the Subscriber, of access to the Service, allowing other people to access the Subscriber's account and/or revealing the access password, or sharing or making account data available to third parties. of the Subscriber, outside the cases included in this clause.
4) Use of the contents for commercial or profit purposes.
5) Display of ONETORO TV content in public, on a public basis, in public premises (bars, restaurants, cafes, lounges, etc.) or in publicly accessible premises, in any case, and, in particular, in open establishments to the public and/or catering, without the relevant contracting of the specific Account Plan for such cases. In all cases, and without exceptions, it will be considered unauthorized use of the Service.
6) The resale of the Service, the commercial exploitation of the Service (whether economic returns are obtained or not), directly or indirectly, by resale or facilitation of access to the Service or any of its capabilities or functionalities in a manner not authorized by ONETORO TV.
7) Use the possibilities offered by the Service, in any of its features and characteristics, for purposes not authorized by these Terms of Use, or by current regulations, regardless of its duration.
8) Archive, republish, republish, store outside of authorized cases, modify, upload, post, transmit, reproduce, distribute, copy, publicly display, license, create derivative works, offer for sale, link to or use the Service, part of the itself or its partial contents in ways other than as provided in these Terms of Use published at https://onetoro.tv/pages/terms , without the written permission of ONETORO TV. In particular, the previous actions dedicated to public or commercial purposes or on any other website other than those authorized by ONETOROTV are considered improper uses.
9) Circumvent, remove, alter, deactivate, lower, block, hide or thwart any access protections, content or other elements of the Service, including the graphical user interface, any advertising features, copyright notices and trademarks.
10) Use any type of robot, “spider”, “scraper” or other automatic means to access service.
11) Decompile, reverse engineer or disassemble computer programs or other Services or processes accessible from ONETORO.
12) Enter any type of code or manipulate the contents of the Service in any way.
13) Use any data mining, gathering or extraction method.
14) Upload, post or transmit by any other means — including email and instant messaging — materials designed to interrupt, destroy or limit the functionality of any software, hardware or telecommunications equipment associated with the Service, including any computer viruses or other computer code, files or programs.
15) Use images of people, places or things shown on the Service, by the Subscriber or any person with access to the Subscriber's account or its content, without specific permission from ONETORO TV.
16) View the Service in circumstances in which the public can view it simultaneously or incite such conduct, use the service in an abusive manner or for illicit or unauthorized purposes.
17) Access to ONETORO TV content outside the territory in which the account has been established and/or outside the geographical locations where the Service is offered under the subscribed rate and/or ONETOROTV has exhibition rights.
18) In the case of intervention by a DISTRIBUTOR, the absence of identification of the Subscribers, by the latter, through a unique numerical code (“CNU”) assigned to each Subscriber.
9.5.2. OBLIGATIONS FOR DISTRIBUTORS.
The DISTRIBUTOR that redirects the contents or signal of ONETORO TV to CUSTOMERS, or that attracts, in any way, CUSTOMERS or subscribers for ONETORO TV or ONETORO TV undertakes to monitor and verify that subscribers make reasonable use of the characteristics and benefits included in the Service, as well as any other related services that ONETORO TV contains, or that ONETOROTV provides you.
The Distributor will be responsible to ONETORO TV for any use other than the previous one that may cause damage or harm to ONETORO TV or third parties and, in particular, for any use of the Services for a purpose that differs from the modality contracted by the CUSTOMER. or that involves a resale or commercialization of said services by the subscriber.
In each and every one of the Subscriptions contracted through the DISTRIBUTOR or whose provision of the Service is carried out through it, ONETORO TV reserves the right to verify, at any time, the condition of the Subscriber and its use in accordance with the good use of the Service.
The DISTRIBUTOR must identify each and every one of the Subscribers contracted through its intermediation, or to whom the Service is provided through its intermediation, using a unique numerical code (“CNU”) for each Subscriber, to be displayed on the screen in a intermittent during each connection, in order to recognize and specify the account of the Subscriber who uses the Product without complying with the provisions of good use set forth.
In case of detection of unauthorized use of the Product or contrary to the rules of good use, or in case of non-compliance by the DISTRIBUTOR with the commitments acquired, ONETORO TV:
9.5.3. POWERS OF VERIFICATION AND REGULARIZATION.
The display of the Service in the places or in the manner referred to in Clause 2 is expressly prohibited, unless the CUSTOMER has subscribed to an Account Plan in accordance with commercial use. ONETORO TV reserves the right to verify, at any time, the status of CUSTOMER legally subscribed, and belonging to a situation that implies the obligation to contract a Subscription Plan for businesses.
The CLIENT and the DISTRIBUTOR undertake, upon request and once the corresponding appointment has been made, to authorize ONETORO TV, its duly identified personnel or the technical service that ONETORO TV designates for this purpose, to access the facilities and equipment in which the Service is available and/ or the applications installed, in order to carry out the maintenance operations that, in the opinion of ONETORO TV, are necessary, as well as in order to verify the proper use of the service.
In the case of HORECA establishments or establishments open to the public, as well as any other establishments provided for in Clause 2, the CLIENT assumes that ONETORO TV staff, or whoever ONETORO TV designates for this purpose, may appear there, respecting their access requirements, in order to exercise the powers of verification and regularization of any aspect of the Service.
In the case of DISTRIBUTOR intermediation, this will provide ONETORO TV or its authorized inspectors with access to the account, the identity of the Subscriber, the CNU and the uses of said registered account.
9.5.4. USER AND PASSWORD.
Regarding his user account and password, the CLIENT assumes the following obligations regulated in this Clause, and, in general, undertakes to make diligent use of his user account and password, and to keep them secret.
The CLIENT is solely responsible for maintaining the confidentiality of his username and password and must notify ONETORO TV, immediately, of any unauthorized use of his username and password. The CUSTOMER acknowledges and accepts that he is responsible for any unauthorized activity that is carried out through the use of his username and password.
ONETORO TV will not be responsible, in any case, for unauthorized use or incorrect use of the username and/or password.
The CUSTOMER accepts that ONETORO TV may be required to unilaterally change the usernames assigned to some of the Services, and that ONETORO TV is required to collect and use your username, password and other Data. registration in accordance with the Site's Privacy Policy.
ONETORO TV may unilaterally, and at any time, modify, suspend or revoke user names or passwords, with the purpose, among others, of unifying the various access codes available to the CLIENT in the different services offered by ONETORO TV. , proceeding to communicate to the CUSTOMER as soon as possible.
The CLIENT may modify his password at any time, in accordance with the restrictions established by ONETORO TV.
In any case, the CLIENT will be responsible for the expenses corresponding to the use of the Services by any third party that uses the CLIENT's password for this purpose until the moment in which, where appropriate, the CLIENT has requested ONETORO TV to deactivate the user and /or password.
ONETORO TV will ensure the confidentiality of the access data of its CUSTOMERS.
9.5.5. MEASURES AGAINST MISUSE OF THE SERVICE.
In all cases mentioned in these Terms of Use, in particular in Clause Seven, as well as in any others that also occur improperly or unrelated to the intended purpose of the Product, ONETORO TV reserves the right, at its option , to:
Likewise, said reservations of rights will be applicable in cases where ONETORO TV detects a violation of the security of a Subscriber's account, in case of abusive, excessive uses, contrary to the interests of ONETORO TV, non-compliance with the Terms of Use, if requested by a public authority or if it may be necessary in compliance with applicable regulations
Evasion or attempt to circumvent any restriction of use will imply the immediate cancellation of the subscription, without prejudice to the legal actions that ONETORO TV may decide to take.
9.5.6. INDEMNITY
The CUSTOMER acknowledges that any violation of these Terms of Use may cause damage to ONETORO TV, for the mitigation of which ONETORO TV itself reserves the right to exercise any actions it may have in defense of its interests, including precautionary measures reasonably necessary to guarantee the full compliance with these Terms of Use.
The CUSTOMER accepts and understands that, if his use of the Site or the Service does not comply with the conditions of good use, or if his access to the Service does not comply with these Terms of Use, he must compensate ONETORO TV for the damages caused to him. originates, as well as exempt it from third-party claims, including the fees of legal professionals.
10. MODIFICATIONS TO THE SERVICE.
For technical or legal reasons, ONETORO TV may modify, restrict, suspend or terminate any functionality or content of the Site at any time, including the availability of any feature or service. ONETORO TV may cancel or restrict access to the Site, or certain parts thereof, to CUSTOMERS who fail to comply with these Terms.
The CLIENT undertakes to notify ONETORO TV of any change in the contract data, especially those corresponding to the billing address and payment method.
ONETORO TV, with the sole purpose of restoring the balance of benefits between the Parties, may modify the conditions established in the contract, for any of the following reasons when they are due to situations that occurred at a time after the approval of these Terms and Conditions:
Additionally, with respect to the provision of digital content or services, ONETORO TV may modify them to adjust them to the description, type, quantity, quality, security and have the functionalities in accordance with the Service provided at all times.
ONETORO TV will inform the CUSTOMER of any modification with an indication of the precise reason for which it is based, at least ONE (1) month in advance of the date on which the modification is going to be effective, with the CLIENT having the right to terminate the contract without any penalty. , without prejudice to other commitments acquired by the CLIENT himself. After a period of one month has elapsed without ONETORO TV having received any communication, it will be understood that the CLIENT accepts the modified modifications.
11. PRIVACY
The provision of the Service necessarily involves the processing of your customer data and contracted services while you are in registration status, as well as the data and content displayed through the Service platforms (television, Internet or devices and/or applications), with the purpose of showing and making known to the CUSTOMER content adapted to the consumption carried out within their account, and personalizing them in order to not recommend them again. content that you have already viewed or that is radically different from your consumption habits.
12. ASSIGNMENT OF THE CONTRACT.
The service that is the subject of this contract is personal in nature, although the client may transfer it to a third party with the prior consent of ONETORO TV, in particular, in cases of gifts and liberalities in accordance with social customs.
ONETORO TV may assign this contract by previously informing the CLIENT in accordance with current regulations, and without prejudice to the right that the client may have to terminate the contract.
13. DATA PROTECTION.
For access to digital content or services that require the registration of your personal data, ONETORO TV in accordance with the provisions of EU Regulation 2016/679, of the European Parliament and of the Council of April 27, 2016. (RGPD) and in Organic Law 3/2018, of December 5, Protection of Personal Data and Guarantee of Digital Rights (LOPDGDD), will guarantee the security and confidentiality of the data provided. In any case, you must read and freely accept our Privacy Policy before providing them and registering.
14. VALIDITY AND RESOLUTION
ONETORO TV may use cookies during the provision of the service. All information about the use made by ONETORO TV is collected and detailed in the Cookies Policy.
The duration of the subscription is annual, and is subject to the permanence period regulated in these Terms and Conditions
This contract will be resolved for the general causes admitted by law, for those provided throughout its clauses, and expressly:
15. MODIFICATIONS TO THESE TERMS OF USE.
These Terms of Use may be modified or updated by ONETORO TV, if it deems it necessary or convenient for the Provision of the Service, without having to wait for a renewal to proceed, respecting, in any case, the informative communications to the CUSTOMER.
16. NOTIFICATIONS.
The notifications that the CLIENT wishes to make to ONETORO TV, on the occasion of what is regulated in these Conditions, will be made through the following channels:
- By postal mail to the following address: C/ Expósito, nº 34, CP 41.927, Mairena del Aljarafe, Seville.
- Through the chat available on the web https://onetoro.tv/pages/faq
By email to the address: [email protected]
The notifications, modifications and communications that ONETORO TV addresses to the CUSTOMER will be made by any of the following means:
- By postal mail to the address designated by the CLIENT, for this purpose, at the time of contracting. In the absence of the designation of an address, or its modifications, it will be understood that the CLIENT's address, for all purposes, is the place where the service is provided, and, if there are several, in any of them. .
- By email to any of the addresses that the CLIENT provides to ONETORO TV.
- By phone call or SMS to the phone number provided by the CLIENT in their registration or registration.
- Through the CLIENT's private area, available from the “Access” tab of the website https://onetoro.tv or from the available applications.
- For notices and information in the reproductions.
- By publication on the website https://onetoro.tv
The CLIENT declares that all the data provided by him are true and correct, and undertakes to notify ONETORO TV of any variations that may occur regarding them.
Messages sent to the Site by email or otherwise, including any data, questions, comments, suggestions or the like, will be treated as non-confidential and non-proprietary. By sending a message to the Site, CUSTOMER acknowledges that any information you disclose there: (i) may be used by a third party; (ii) is not confidential and can be read or intercepted by others; and - By postal mail to the address designated by the CLIENT, for this purpose, at the time of contracting. In the absence of the designation of an address, or its modifications, it will be understood that the CLIENT's address, for all purposes, is the place where the service is provided, and, if there are several, in any of them. . (iii) does not create any confidential or contractual relationship between the CLIENT and ONETORO TV other than that already established in these Terms of Use.
By transmitting any message or submitting creative ideas, concepts, know-how, techniques, suggestions, opinions, votes or materials (collectively, 'Submissions'), you automatically grant ONETORO TV a perpetual, non-exclusive, geographically unrestricted, irrevocable right to use, reproduce, modify, publish, translate, distribute, perform or display such messages and submissions, in whole or in part, in any form, media or technology now known or hereafter known, for advertising and promotional purposes. All Shipments, whether requested by ONETORO TV 16. NOTIFICATIONS. - Through the CLIENT's private area, available from the “Access” tab of the website previously or spontaneously from the CLIENT, through the Site, will be the property of ONETORO TV.
17. NULLITY OF THE CONDITIONS.
The nullity or inapplicability of any clauses of these Conditions, declared by a competent Court or Tribunal, in whole or in part, will not affect the validity of the rest of the Conditions.
The Spanish version of these Conditions will prevail over any other existing version or translation.
18. INTEGRITY.
These Terms of Use constitute the complete contractual conditions between ONETORO TV and THE CUSTOMER, and replace all previous agreements, terms, agreements or contracts.
19. DENOMINATIONS.
Any reference or name to web pages, emails, telephone numbers or addresses whose ownership corresponds to ONETORO TV is understood to be made, where appropriate, to those that may replace them in the future.
20. APPLICABLE LAW AND JURISDICTION.
Both these Conditions and any controversies that may arise on the occasion of them or derived from the contracting and use of the Service will be governed and interpreted exclusively in accordance with the laws of Spain.
ONETORO TV and the CLIENT submit to the Spanish Courts and Tribunals that are competent in accordance with current legislation.
21. WITHDRAWAL.
To the extent that it is possible because the CLIENT contracts the Service with a minimum notice of fourteen (14) days prior to the first access or use of the Service, the CLIENT has the power to void the contract entered into. The right of withdrawal will not be applicable if, from the conclusion of the contract until the beginning of the Service or the CLIENT's first access to the content, a period of less than fourteen (14) days elapses.
22. DISPUTE RESOLUTION.
ONETORO TV does not participate in conflict resolution procedures before Consumer Arbitration Services, unless the applicable Law for each case establishes otherwise.
ONETOROTV and the CLIENT submit to the Courts and Tribunals that are competent at all times, in accordance with the provisions of current legislation, for any controversy that may arise from the provision of the SERVICE object of these Terms and Conditions of Contract and Use.
In accordance with article 40.5 of Law 7/2017, of November 2, which incorporates into the Spanish legal system Directive 2013/11/EU, of the European Parliament and of the Council, of May 21, 2013, relating to the alternative resolution of consumer disputes, and in compliance with Regulation (EU) 524/2013 of the European Parliament and of the Council, of 21 May 2013, we inform the CUSTOMER of the existence of an online dispute resolution platform provided by the European Commission, as well as the possibility of submitting your claim through it by accessing the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=ES
23. COMMUNICATION AND POINTS OF CONTACT
Without prejudice to contacting us through all available communication channels that are reflected on our website, you can also contact us through the following email address: [email protected]
Due to the requirements of Regulation (EU) 2022/2065 of the European Parliament and of the Council of October 19, 2022 (hereinafter “LSD” or “Digital Services Law”), we inform you that our single contact points are [email protected] and [email protected] , for authorities and users, respectively. You can find more information on our website https://onetoro.tv .
24. CUSTOMER INFORMATION.
ONETORO TV will provide the content of this document and its content on its Internet page https://onetoro.tv , on its Android and iOS mobile applications, Android devices TV, Amazon Fire, ROKU and Apple TV, or in writing, if requested by THE CUSTOMER by email sent to the address [email protected]
