TERMS AND CONDITIONS OF CONTRACTING AND USE OF THE "ONETORO" SERVICE
Effective from the day 27 de febrero de 2024
1. OBJECT.
This document establishes the Terms and Conditions of contract and use ("Terms of Use") of the provision of the Subscription Service (the "Services") to ONETORO ("ONETORO") and the relations between the subscriber (hereinafter, the "CLIENT") and the Service Provider, ONETORO and ONETORO TV SPN (hereinafter, "ONETORO and ONETORO TV SPN", "we"), with N.I.F. B-88.612.676, domiciled at C/ Exposición nº 34, C. P. 41.927, Mairena del Aljarafe (Seville) and registered in the Mercantile Registry of Seville, Volume 7.436, Folio 201, Registry Sheet SE-140.037.
By accessing and/or using the Services, the Site or the applications of ONE TORO, the CLIENT unreservedly accepts these Terms of Use, the assumption and understanding of which is essential for the provision of the Service by ONETORO and ONETORO TV SPN. The CLIENT declares to have read, understood and accepted these Terms of Use, which are made available at all times and prior to contracting at https://onetoro.tv/pages/terms
Any amendments, additions, changes or modifications to the conditions contained in these Terms of Use will be reflected in an update to this publication, although the CLIENT agrees to check these Terms of Use periodically for changes.
Your continued use of the Site following the posting of any changes to these Terms of Use shall signify your acceptance of such changes, which shall be effective upon posting.
Failure to accept these Terms of Use implies that the user is not authorized to use any Services for a fee, the subscription or access to which is the user's sole responsibility
Without prejudice to express references to distributors of the SERVICE ("distributor" or "distributors") and the obligations 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 their intermediary
2. DESCRIPTION AND MODALITIES OF CONTRACTING.
2.1. DESCRIPTION.
The ONETORO Service is a Paid Service, subject to these Terms of Use, consisting of a nonexclusive, 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 ONETORO's platforms (the "Paid Services" or simply the "SERVICE" or the "SERVICES"). by prior subscription by the CLIENT, during the period applicable according to the contracted rate, and provided that the CLIENT fully complies with the provisions of these Terms of Use.
In addition to this, and if in the future the technology available in ONETORO and ONETORO TV SPN allows it, the CLIENT will be able to access the available functionalities with the limitations determined by ONETORO and ONETORO TV SPN at any time depending on the access technology, such as recording some or all of the content available on the Service, "Live Control" and "Watch From the Beginning".
Notwithstanding the provisions of these Terms and Conditions ("Terms of Use"), the CLIENT agrees not to assign, transfer or sublicense its rights as a registered user or subscriber of our Services, and understands: i) that only the CLIENT may use its user account and password, with the sole exception of the multi-device plans that are conveniently offered; ii)that your payment to our fee-based Services cannot be shared with others. The CLIENT agrees to be financially responsible for all use or activity of the Payment Services purchased and/or subscribed to using its account.
ONETORO and ONETORO TV SPN may modify the contents, and their number and composition may vary, either according to the contractual commitments it has with third parties, or due to the modifications that they make to them, or according to availability
To the extent permitted by applicable law, ONETORO content is available worldwide. Pursuant to European Regulation 2017/1128 of 14 June 2017 on the cross-border portability of online content services, the CLIENT who is temporarily in a Member State of the European Economic Area (hereinafter, EEA) may access the Service on their 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 presence of the CLIENT for a limited period of time in an EEA Member State other than Spain as the State of residence.
2.1.1. Personal, Non-Commercial Use.
Unless the CLIENT subscribes to a commercial Subscription Plan, if provided for in the offer of SERVICES, his/her use of the SERVICE will be limited exclusively to his/her personal and noncommercial use, and any other use of the SERVICE that does not comply with the provisions of this paragraph is prohibited.
The CLIENT undertakes to use the SERVICE only for domestic use, and the exhibition of content in public places or for communities is expressly prohibited. In any case, the conditions of good use set forth in these Terms of Use will apply.
2.1.2. Commercial use.
If the CLIENT intends to derive any commercial benefit from the ability to access, use and display the SERVICES, the CLIENT understands that he/she is completely prohibited from using the SERVICES, unless he/she subscribes to the SERVICES expressly intended for businesses or commercial establishments.
An intent to make a commercial profit is deemed to exist if any of the following occur:
You agree that if you intend to derive any commercial benefit from the ability to access or use the Services, you are limited to subscribing to the Paid Services offered to merchants. Merchants who have purchased a business subscription can display Paid Services in one place. Separate subscriptions are required for each location where a merchant seeks to display fee-based Services.
2.2. MODALITIES OF CONTRACTING AND ACCESS.
The contractable plans available for the provision of the Service and the rates applicable to them have been provided by ONETORO and ONETORO TV SPN and are available to the CLIENT on the website https://onetoro.tv.
THE CLIENT, taking into account the contracted service and the coverage of the different technologies, may access the Service through the following options:
All access will require basic equipment referred to in Clause 4 ("technology required by the CLIENT").
The contracting modalities are, always and in any case, annual, without prejudice to the following offers which, by way of illustration and not limitation for ONETORO and ONETORO TV SPN, are cited below. All payments are upfront at the time of subscription, with the exception of the following plans which are listed for illustrative and not limited to ONETORO and ONETORO TV SPN:
By way of example and not limitation, the basic Subscription Plans as of the date of publication of these Terms of Use are the following (without prejudice to any variations that may be made in accordance with the provisions of these clauses): Subscription Plan |
Time of payment |
Access |
Permanence |
Event Plan (Individuals) |
Upfront at the time of hiring |
During the 24 hours of the day of the contracted event (from 00:00h to 24:00h) |
No |
Fractional annual plan (individuals) |
Payment in advance of the entire annuity, although prorated each month of subscription. Failure to take advantage or early cancellation does not entitle you to reductions in the total annual price. |
From the moment of subscription to the end of the subscription |
One year |
Standard Annual Plan (Individuals) |
Prepayment at the time of subscription |
From the moment of subscription to the end of the subscription |
One year |
Annual "Premium" Plan (Individuals) |
Prepayment at the time of subscription |
From the moment of subscription to the end of the subscription, with up to two simultaneous devices. |
One year |
Flexible Monthly Plan (Individuals) |
Prepayment with each monthly contract period |
For thirty (30) continuous, uninterrupted and non-fractionable days. |
No |
Monthly HORECA Plan (establishments) |
Prorated upfront payment each month of subscription. Failure to enjoy or early cancellation does not entitle you to price reductions |
From the moment of subscription to the end of the subscription |
One year |
Annual HORECA Plan (establishments) |
Prepayment at the time of subscription |
From the moment of subscription to the end of the subscription |
One year |
The CLIENT may modify, at any time, his/her Subscription Plan, as available to others/or establishments given his/her status as an individual or establishment, as long as he/she makes the payment by credit or debit card directly to ONETORO.
Without prejudice to the variations that may be made by the previous Basic Plans, this offer is only illustrative, and may not correspond exactly in terms of the number or types of plans that are in force at a specific time. All Plans referred to are limited to an offer in effect as of the date of posting of these Terms of Use, which does not imply that: (i) they remain unchanged; (ii) available at all times; (iii) ONETORO and ONETORO TV SPN undertakes an obligation to offer them as described, without interruptions or Event Plan (Individuals) Upfront at the time of hiring During the 24 hours of the day of the contracted event (from 00:00h to 24:00h) No Fractional annual plan (individuals) Payment in advance of the entire annuity, although prorated each month of subscription. Failure to take advantage or early cancellation does not entitle you to reductions in the total annual price. From the moment of subscription to the end of the subscription One year Standard Annual Plan (Individuals) Prepayment at the time of subscription From the moment of subscription to the end of the subscription One year Annual "Premium" Plan (Individuals) Prepayment at the time of subscription From the moment of subscription to the end of the subscription, with up to two simultaneous devices. One year Flexible Monthly Plan (Individuals) Prepayment with each monthly contract period For thirty (30) continuous, uninterrupted and non-fractionable days. No Monthly HORECA Plan (establishments) Prorated upfront payment each month of subscription. Failure to enjoy or early cancellation does not entitle you to price reductions From the moment of subscription to the end of the subscription One year Annual HORECA Plan (establishments) Prepayment at the time of subscription From the moment of subscription to the end of the subscription One year modifications, or is obliged to maintain them; iv) that ONETORO and ONETORO TV SPN waives its right 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 event of a new registration or subscription, the CLIENT will only have available the new plans in force on that occasion, without the possibility of contracting old Plans (even if they were in force) or returning to them.
3. CANCELLATION POLICY.
The CLIENT may cancel his/her subscription at any time:
The cancellation will take effect:
If you cancel your subscription before the end of the subscription period, we will not refund any subscription fees you have already paid to us for that subscription period, and the cancelled monthly billing periods will accrue as a permanence penalty for those plans that provide for the merited permanence.
If the subscription is subject to automatic renewal, ONETORO and ONETORO TV SPN must receive the cancellation request at least fifteen (15) days prior to the last day of your then-current subscription period. We reserve the right to collect any outstanding fees, surcharges or costs incurred before your cancellation becomes effective.
The CLIENT will continue to have access to its subscription until the end of its then-current subscription period after 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, even partial, will be given in accordance with clause 7.1.1. of these Terms and Conditions.
4. BASIC REQUIREMENTS TO SUBSCRIBE.
4.1. BASIC PERSONAL CONDITIONS FOR SUBSCRIBING.
In order to contract, use and access the ONETORO Services, the CLIENT must be of legal 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 makes effective use of his/her subscription, the CLIENT agrees to:
ONETORO and ONETORO TV SPN reserves the right to suspend or terminate CLIENT's user account and to refuse any and all current or future use of the Service (or any part thereof) upon reasonable grounds to suspect that registration data is untrue, inaccurate or incomplete. The CLIENT acknowledges and agrees that ONETORO and ONETORO TV SPN does not acquire any liability associated with or arising from the failure to maintain accurate Registration Data. In addition, the CLIENT expressly authorizes ONETORO and ONETORO TV SPN to verify such registration data.
The CLIENT expressly acknowledges and agrees that ONETORO and ONETORO TV SPN may use the Registration Data to send ONETORO and ONETORO TV SPN 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 relevant message.
Registration on the ONETORO 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 event of access to certain contents of the Site without the need to register as a user, the user of the Site accepts that his/her identification will be based on means that ONETORO and ONETORO TV SPN deems appropriate, such as the data on his/her device.
ONETORO and ONETORO TV SPN 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 customer or user in any kind of communication made through the Services.
5. TECHNOLOGY REQUIRED BY THE CUSTOMER.
In any of the playback formats, the CLIENT must have, for a satisfactory experience, the basic hardware not provided by ONETORO and ONETORO TV SPN (smartphone, iPAD, tablet, PC, Smart TV or other compatible devices), the elementary software (supported internet browser and/or applications) and 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, there may be sound and/or picture quality issues.
It is possible to play the content via 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 their use is not recommended.
The Service is not available on devices that are "rooted" or jailbroken or any similar procedures.
6. AVAILABILITY; CONTINUITY OF SERVICE; USEFULNESS AND RELIABILITY; QUALITY; LEGALITY.
The availability and use of the Service may be limited by age (minors may not subscribe), geographic location (in application of applicable law and available technologies), commercial or non-commercial use, or other relevant criteria that ONETORO and ONETORO TV SPN may hereafter deem to establish. The CLIENT agrees that ONETORO and ONETORO TV SPN may deny the CLIENT or the subscription to the Service, or that it may cancel an already formalized subscription, at any time based on these criteria.
Depending on the CLIENT's geographical location, restrictions may apply to certain payment services, as some payment methods are restricted in certain areas of the world, and this may affect the receipt of the Service in certain locations. The CLIENT shall refrain from accessing the Service outside the territories permitted by applicable law or in an area where restrictions on access to certain Internet sites apply.
The contents are only available in Spanish without subtitles. Navigation menus and instructions, titles and program descriptions are available in English, French and Spanish.
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 times other than the live one.
ONETORO and ONETORO TV SPN cannot guarantee that ONETORO 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 his/her own strict responsibility and at his/her own initiative and risk; similarly, the CLIENT is responsible for complying with the applicable legislation in the territory in which it is located.
The contents of ONETORO are provided "as is" and without warranties of any kind. ONETORO and ONETORO TV SPN does not warrant that the information contained on the Site is accurate, complete, or truthful or that the Site will be free of errors and/or viruses at all times. ONETORO and ONETORO TV SPN is not responsible for the offensive or illegal conduct of users of the Site or third parties with access to it. ONETORO and ONETORO TV SPN does not previously control 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, or the absence of other elements that may cause alterations to the CLIENT's 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 and ONETORO TV SPN of third-party content. Access, by the CLIENT, to pages outside the Site, or to other Internet sites, redirected from the Site, will be at the CLIENT's own risk.
ONETORO and ONETORO TV SPN cannot guarantee that the Service will be useful for the performance of any particular activity, nor the reliability of the Service.
ONETORO and ONETORO TV SPN excludes any liability for damages of any kind that may be due in relation to access to the Site and the use of the Service, unless they are due to causes exclusively attributable to ONETORO and ONETORO TV SPN
7. HIGH STREAM OBLIGATIONS.
By virtue of this contract, ONETORO and ONETORO TV SPN will provide the Service of access to the contents, as well as a service to the CLIENT.
The CUSTOMER service is a https://onetoro.tv/pages/faq web consultation service that includes a Diagnosis and an 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) to 3:00 p.m. (CET). The web support service may not be available 24 hours a day or 7 days a week, in particular due to site maintenance operations.
Notwithstanding the foregoing, ONETORO and ONETORO TV SPN undertakes to undertake its best efforts to resolve any possible interruptions of the Services (either access to the Site or assistance) as soon as possible.
The CUSTOMER service includes faults originating from the Site or the Applications, but in no way covers misuse of the same, manipulation by external 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 support service.
The CLIENT's service does not include technical assistance for incidents on the CLIENT's equipment.
ONETORO and ONETORO TV SPN is not responsible for the CLIENT's computer equipment or for any alterations that its access may cause in the normal operation of the Service. Likewise, it is not responsible for the lack of availability or interruptions caused by the intervention of a third party, or by the misuse of the equipment or the Service by the CLIENT or the people close to him/her, as well as a result of judicial or administrative resolutions or requirements.
8. PRICES.
ONETORO and ONETORO TV SPN provides the rates on its website https://onetoro.tv, without prejudice to the other conditions of each Subscription Plan provided for in Clause 2.2.
ONETORO and ONETORO TV SPN reserves the right to modify the subscription fees, at any time, with one (1) month's prior notice, which, where appropriate, will be communicated through the means provided for in clause 18, or in any other means it deems appropriate.
Such price increases will be applied prospectively and the CLIENT will be notified of the increase. The CLIENT has the right to express its disagreement with the new tariffs and to unilaterally terminate the service provision relationship regulated in these Terms of Use, without this entailing any penalty or additional cost to the CLIENT.
9. OBLIGATIONS OF THE CLIENT.
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 any given time.
The following preferred payment methods are accepted:
The CLIENT authorizes ONETORO and ONETORO TV SPN to process any and all account transactions initiated through the use of his/her username and password. By subscribing and/or providing a payment method, the CLIENT authorizes ONETORO and ONETORO TV SPN to charge the subscription prices to its indicated payment method.
Subscription Period: Payment for fee-based Services will provide access in accordance with the period provided during registration ('Subscription Period'), notwithstanding that all prices are considered annual, with the sole exception of those specific plans for which pricing, subscription periods or payment periods of other duration are expressly provided.
Payment and Billing Information: You will be billed in advance for the cost of the entire subscription period, plus any applicable taxes, transaction fees, and other charges and fees incurred to access the fee-based Service, except for those plans that expressly provide for payment in installments or subscription durations of less than one year, in which it will be billed according to the contracted billing period. To this end, the CLIENT must provide a current, valid and accepted payment method (which can be updated in their CLIENT area, "Payment Method") for payment, as well as true, accurate and complete information as required by the registration process. By submitting the Payment Method, you represent and warrant 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, email address, credit card and/or account number and expiration date). By doing so, you also authorize charges to your Payment Method for all accruable sums, payable by YOU, based on the subscription/billing plan you select, including, but not limited to, any applicable taxes. The CLIENT agrees to maintain and promptly update the Payment Method and any other information it provides for the provision of the Service. You can edit your Payment Method information by logging into 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 details.
The payment corresponding to the Service will be due from the moment it is presented for collection of the invoice corresponding to the Service and will be made through the Payment Method indicated for this purpose by the CLIENT or, failing that, instead of enabling it by ONETORO and ONETORO TV SPN, to be presented for collection.
If a payment is not successfully settled, whether due to maturity, insufficient funds, or otherwise, and you do not edit your Payment Method information, you remain responsible for any amounts accrued and uncollected.
In the event that it is not possible to make the payment, ONETORO and ONETORO TV SPN reserves the right to cancel the CLIENT's access to the service.
ONETORO and ONETORO TV SPN will reinstate the suspended services (but not the cancelled ones) within the next business day that it has proof that the amount of the overdue billing has been paid, charging the CLIENT, for the rehabilitation of the services, the amount of thirty (30) euros.
Likewise, in the event of non-payment, the data relating 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 S.L. and BADEXCUG, a system managed by the company Experian Bureau de Crédito, S.A. and any other that may be communicated to the CLIENT in a timely manner.
All sales are final. All payments for subscriptions are non-refundable and no prices or fees will 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, CUSTOMER authorizes ONETORO and ONETORO TV SPN to charge subscription prices, to its payment method, at the beginning of its billing period and, where applicable at the beginning of each renewal period, unless CUSTOMER terminates or cancels its subscription period in accordance with the contents of these Terms and Conditions, before the applicable renewal period begins.
Each time YOU are charged for your renewal, the renewal fee will be the same as the previous period's charge, unless: (a) a discounted rate is eligible at the time of purchase that is no longer available, in which case the renewal fee 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 enrollment or prior to the commencement of the renewal period, that the renewal price will change.
Prior to the automatic renewal, ONETORO and ONETORO TV SPN 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 term of the contract.
Auto-renewal is not available for merchant paid services, or for plans that are specifically excluded, such as, but not limited to, the Event Plan.
9.3. PERMANENCE COMMITMENTS.
All Subscription Plans, with the exception of the Event Plan and the Flexible Monthly Plan, have an annual permanence. The early cancellation of the service, either by ONETORO and ONETORO TV SPN under the Terms and Conditions present herein and due to non-compliance by the CLIENT, or by the CLIENT voluntarily, will imply the early and immediate accrual of all uncollected amounts for the remaining duration until reaching the year, as a penalty for permanence, and will not entitle the CLIENT to any compensation.
9.4. GENERAL TERMS AND CONDITIONS OF USE.
The CLIENT undertakes to use the Service in accordance with the law, morality, good customs and public order.
By using the Service, the CLIENT agrees to be bound by the Terms of Use scrupulously. ONETORO and ONETORO TV SPN reserves the right to cancel access to the Service, to the user's account and/or to the CLIENT's password in the event of breaches originating at any time and detected by both ONETORO and ONETORO TV SPN and those designated by it.
Without prior notice or liability, upon detection of any breach or risk of default, ONETORO and ONETORO TV SPN may interrupt, modify or alter any aspect of the Service, including, but not limited to: (i) limit the time of availability of a Service for a particular CUSTOMER; (ii) restrict the number of accesses 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 and ONETORO TV SPN to immediately deactivate or delete the user account and all information and/or files related thereto, and/or prohibit any further access to such information and/or files or the Service.
ONETORO and ONETORO TV SPN assumes no liability, either to the CLIENT or to any third party, for the termination or cancellation of the CLIENT's access to its account or the Service, insofar as it is based on a breach of the Terms of Use by the CLIENT or a third party.
Your User Account: You agree not to register or subscribe to more than one account, create an account on behalf of another person, or create an account with a false or misleading identity on 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 another username or by any other means. If ONETORO and ONETORO TV SPN has reason to suspect that an account shares identity with another account that has been previously terminated, ONETORO and ONETORO TV SPN reserves the right to terminate any new account that has been registered under these circumstances, without prior notice, or to take any other actions or measures that may apply.
You are fully responsible for maintaining the confidentiality of your password and user account information. You must notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including the loss, theft, or unauthorized disclosure of your or someone else's password or credit card information. In the event that you breach security, 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. RESTRICTIONS ON OWNERSHIP AND USE.
The onetoro.tv and https://onetoro.tv/auth/login pages are operated by ONETORO and ONETORO TV SPN. The content and materials contained on the Site (including, but not limited to, video, audio, photos, text, images, logos, and other intellectual property relating to the events and participants in the festivities) are the property of, or ONETORO and ONETORO TV SPN has the exclusive license or rights to exploit them.
You are strictly prohibited from 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 and ONETORO TV SPN. ONETORO and ONETORO TV SPN authorizes the CLIENT, in these Terms and in general, to use the intellectual property rights, industrial property rights and trade secrets related to the Services of which it is the owner only 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 CLIENT may not download the material displayed on the Site, even for his or her personal, noncommercial use, provided that applicable law does not require the contrary regarding copies for personal use. In the event that current legislation requires the downloading of private copying, the CLIENT undertakes to respect all copyright and other proprietary notices contained in the materials. CLIENT may not distribute, reproduce, republish, display, modify, transmit, reuse, republish, link to, or use any services, content, or materials from the Site, for public or commercial purposes, on any other website, or otherwise without the express written permission of ONETORO and ONETORO TV SPN. Modification of any material displayed on the Site is a violation of ONETORO and ONETORO TV SPN's copyrights and other proprietary rights.
All trademarks, logos, and service marks (collectively, the "Trademarks") appearing on the Site are the 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. Use of the trademarks displayed on the Site, or any other content on the Site, is strictly prohibited, except as provided in these Terms.
The images of people or places shown on the Site are the property of ONETORO and ONETORO TV SPN or published by ONETORO and ONETORO TV SPN with the permission of their owners. The use of these images by the CLIENT, or any other person with access to its account, whether or not authorized by the CLIENT, is totally 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 and ONETORO TV SPN does not guarantee that access to the content displayed on the Site will not infringe the rights of third parties other than ONETORO and ONETORO TV SPN or who collaborate with it.
The CLIENT agrees not to assign, transfer or sublicense its rights as a registered user or subscriber of our Paid Services. The CLIENT also understands that only he/she may use his/her user account and password, which are non-transferable, and that his/her subscription may not be shared with third parties other than him/her. The CLIENT shall be liable, including monetary, for any use or activity of the Service that is carried out from its user account.
No more than one simultaneous playback is allowed with a login, and simultaneous playback is restricted to one device. The CLIENT may have ONETORO applications installed on multiple devices, but these cannot be used simultaneously. Yes, it is possible to register different devices.
9.5.1. PROPER USE OF THE SERVICES AND LIMITATIONS.
The Service and all content accessed through the Site are for the CLIENT's personal and domestic use and are not marketable. During the subscription to ONETORO, a limited, non-exclusive and nontransferable right is granted to access the Service through the use of a single simultaneous device, owned by the Subscriber. Likewise, access may not be shared with devices other than the one registered for each Subscriber's access, nor may access to the Service be communicated to third parties, or given to them, with the exception of gifts typical of social customs, such as gifts from the subscription.
The CLIENT undertakes to refrain from obtaining, or attempting to obtain, the contents and information of the Service by using means or procedures other than those provided by ONETORO and ONETORO TV SPN for its enjoyment.
Without prejudice to any others that also imply a use other than that contemplated in these conditions, the following shall be considered uses contrary to good use, by way of example, but not limitation, whether perpetrated by the Subscriber, by the DISTRIBUTOR or by a third party:
1) Use of different devices simultaneously (unless authorized in a plan), access through devices that are not registered and/or owned by a different one than the Subscriber.
2) Sharing or assignment of access with devices other than the one registered for each Subscriber's access
3) Communication or assignment to third parties, other than the Subscriber, of access to the Service, allowing other persons to access the Subscriber's account and/or disclosing the access password, or sharing or making available to third parties the data of the Subscriber's account, except in the cases set out in this clause.
4) Use of the content for commercial purposes or for profit.
5) Display of ONETORO's contents in public, with a public character, in public premises (bars, restaurants, cafeterias, lounges, etc.) or in premises with public access, in any case, and, in particular, in establishments open to the public and/or restaurants, without the pertinent contracting of the specific Account Plan for such cases. In any case, and without exception, unauthorized use of the Service will be considered.
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 and ONETORO TV SPN.
7) Use the possibilities offered by the Service, in any of its features and characteristics, for purposes not authorised by these Terms of Use, or by current regulations, regardless of their duration.
8) Archive, republish, divert, store outside of authorized cases, modify, upload, publish, transmit, reproduce, distribute, copy, publicly display, license, create derivative works from, offer for sale, link to, or use the Service, any portion thereof, or its portion in any manner other than as provided in these Terms of Use posted on https://onetoro.tv/pages/terms , without the written permission of ONETORO and ONETORO TV SPN. In particular, the above actions dedicated to public or commercial purposes or on any other website other than those authorized by ONETORO and ONETORO TV SPN are considered improper uses.
9) Circumvent, remove, alter, deactivate, downgrade, block, obscure, or frustrate any of the Service's access, content, or other protections, including the graphical user interface, any advertising features, copyright and trademark notices.
10) Use any type of robot, spider, scraper or other automatic means to access the 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 method of mining, collecting, or extracting data.
14) Upload, post, or otherwise transmit, including e-mail 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 displayed on the Service, by Subscriber or anyone with access to Subscriber's account or its content, without specific permission from ONETORO and ONETORO TV SPN.
16) View the Service in circumstances where the public may simultaneously view the Service or incite such conduct, use the Service in an abusive manner or for unlawful or unauthorized purposes.
17) Access to ONETORO's content outside the territory in which the account has been established and/or outside the geographical locations where the Service is offered at the subscribed rate and/or ONETORO and ONETORO TV SPN has exhibition rights.
18) In the event of intervention by a DISTRIBUTOR, the absence of identification of the Subscribers by means of a unique numerical code ("CNU") assigned to each Subscriber.
9.5.2. OBLIGATIONS FOR DISTRIBUTORS.
The DISTRIBUTOR that redirects the contents or the signal of ONETORO to CLIENTS, or that captures, in any way, CLIENTS or subscribers for ONETORO and ONETORO TV SPN or ONE TORO undertakes to monitor and verify that the subscribers make reasonable use of the features and services included in the Service, as well as any other related services that ONETORO contains, or that ONETORO and ONETORO TV SPN lends you.
The Distributor shall be liable to ONETORO and ONETORO TV SPN for any use other than the above that may cause damage or harm to ONETORO and ONETORO TV SPN or third parties and, in particular, for any use of the Services for a purpose that differs from the method contracted by the CLIENT, 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 and ONETORO TV SPN reserves the right to check, at any time, the condition of the Subscriber and its use in accordance with the proper use of the Service.
The DISTRIBUTOR shall identify each and every one of the Subscribers contracted through its intermediary, or to whom the Service is provided through its mediation, using a unique numerical code ("CNU") for each Subscriber, to be displayed on the screen intermittently during each connection, in order to recognize and specify the account of the Subscriber who uses the Product without complying with the requirements of good use set out.
In the event of detection of an unauthorised use of the Product or contrary to the rules of good use, or in the event of non-compliance by the DISTRIBUTOR with the commitments acquired, ONETORO and ONETORO TV SPN:
9.5.3. POWERS OF VERIFICATION AND REGULARIZATION.
The display of the Service in the places or manner referred to in Clause 2 is expressly prohibited, unless the CLIENT has subscribed to an Account Plan in accordance with commercial use. ONETORO and ONETORO TV SPN reserves the right to verify, at any time, the condition of a legally subscribed CLIENT, and the belonging to a case 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 arranged, to authorise ONETORO and ONETORO TV SPN, its duly identified personnel or the technical service designated by ONETORO and ONETORO TV SPN 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 and ONETORO TV SPN, are necessary, as well as for the purpose of verifying the proper use of the service.
In the case of HORECA establishments or establishments that are open to the public, as well as any other of those provided for in Clause 2, the CLIENT assumes that the staff of ONETORO and ONETORO TV SPN, or whoever ONETORO and ONETORO TV SPN designates for this purpose, may appear at the same, respecting their access requirements, in order to exercise the powers of verification and regularization of any aspect of the Service.
In the event of DISTRIBUTOR intermediation, the DISTRIBUTOR shall provide ONETORO and ONETORO TV SPN 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. USERNAME AND PASSWORD.
With regard to his/her user account and password, the CLIENT assumes the following obligations regulated in this Clause, and, in general, undertakes to make diligent use of his/her user account and password, and to keep them secret.
CUSTOMER is solely responsible for maintaining the confidentiality of its username and password and must notify ONETORO and ONETORO TV SPN immediately of any unauthorized use of its username and password. The CLIENT acknowledges and agrees that it is responsible for any unauthorized activity that occurs through the use of its username and password. ONETORO and ONETORO TV SPN shall not be liable, under any circumstances, for the unauthorized use or incorrect use of the username and/or password.
CUSTOMER agrees that ONETORO and ONETORO TV SPN may be required to unilaterally change the usernames assigned to some of the Services, and that ONETORO and ONETORO TV SPN is required to collect and use your username, password, and other Registration Data in accordance with the Site's Privacy Policy.
ONETORO and ONETORO TV SPN may unilaterally, and at any time, modify, suspend or revoke usernames or passwords, in order, among others, to unify the various access codes available to the CLIENT in the different services offered by ONETORO and ONETORO TV SPN, proceeding to communicate them to the CLIENT as soon as possible.
The CLIENT may modify his/her password at any time, in accordance with the restrictions established by ONETORO and ONETORO TV SPN.
In any case, the CLIENT will be responsible for the costs corresponding to the use of the Services by any third party that uses the CLIENT's password for this purpose until the moment when, if applicable, the CLIENT has requested ONETORO and ONETORO TV SPN to deactivate the username and/or password.
ONETORO and ONETORO TV SPN will ensure the confidentiality of its CLIENTS' access data.
9.5.5. MEASURES AGAINST MISUSE OF THE SERVICE.
In all the cases mentioned in these Terms of Use, in particular in Clause Seven, as well as in any others that also occur unduly or unrelated to the intended purpose of the Product, ONETORO and ONETORO TV SPN reserves the right, at its option, to:
Likewise, these reservations of rights will apply in cases where ONETORO and ONETORO TV SPN detects a breach of the security of a Subscriber's account, in the event of abusive or excessive use, contrary to the interests of ONETORO and ONETORO TV SPN, breach of the Terms of Use, if requested by a public authority or if it may be necessary in compliance with the applicable regulations.
Circumvention or attempt to circumvent any restriction of use will result in the immediate cancellation of the subscription, without prejudice to the legal actions that ONETORO and ONETORO TV SPN may take and that it may decide to take.
9.5.6. INDEMNITY
The CLIENT acknowledges that any violation of these Terms of Use may cause damages to ONETORO and ONETORO TV SPN, for the mitigation of which ONETORO and ONETORO TV SPN reserves the right to exercise all actions in defense of its interests, including the precautionary measures reasonably necessary to ensure full compliance with these Terms of Use.
The CLIENT agrees and understands that, if its use of the Site or the Service does not conform to the conditions of good use, or if its access to the Service does not conform to these Terms of Use, it must indemnify ONETORO and ONETORO TV SPN for the damages caused by it, as well as indemnify it from claims of third parties, including the fees of legal professionals.
10. MODIFICATIONS TO THE SERVICE.
For technical or legal reasons, ONETORO and ONETORO TV SPN 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 and ONETORO TV SPN may terminate or restrict access to the Site, or certain portions thereof, to CUSTOMERS who fail to comply with these Terms.
The CLIENT undertakes to notify ONETORO and ONETORO TV SPN of any change in the contract details, especially those corresponding to the billing address and payment method.
ONETORO and ONETORO TV SPN, with the sole purpose of restoring the balance of services 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 and ONETORO TV SPN may modify them to adjust them to the description, type, quantity, quality, security and have the functionalities in accordance with the Service provided at any given time.
ONETORO and ONETORO TV SPN will inform the CLIENT of any modification with an indication of the precise reason to which it obeys at least ONE (1) month prior to 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 itself. If a period of one month has elapsed without ONETORO and ONETORO TV SPN 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 registered, as well as the data of the content viewed through the platforms of the Service (television, Internet or devices and/or applications), in order to show and make known to the CUSTOMER content adapted to the consumption made within their account, and personalizing them so as not to recommend content that you have already viewed or that is radically different from your consumption habits.
12. ASSIGNMENT OF CONTRACT.
The service that is the subject of this contract is of a personal nature, although the client may assign it to a third party with the prior consent of ONETORO and ONETORO TV SPN, in particular, in the case of gifts and gifts in accordance with social customs.
ONETORO and ONETORO TV SPN may assign this contract by informing the CLIENT in advance 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 and ONETORO TV SPN in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016. (GDPR) and in Organic Law 3/2018, of 5 December, on the Protection of Personal Data and Guarantee of Digital Rights (LOPDGDD), it will guarantee the security and confidentiality of the data provided. In any case, you must freely read and accept our Privacy Policy before providing them and registering.
ONETORO and ONETORO TV SPN may use cookies during the provision of the service. All the information about the use made by ONETORO and ONETORO TV SPN is collected and detailed in the Cookies Policy.
14. TERM AND TERMINATION.
The duration of the subscription is annual, and is subject to the period of permanence regulated in these Terms and Conditions.
This contract shall be terminated for the general reasons admitted by law, for those provided for throughout its clauses, and expressly:
15. MODIFICATIONS TO THESE TERMS OF USE.
These Terms of Use may be modified or updated by ONETORO and ONETORO TV SPN, if it deems it necessary or convenient for the Provision of the Service, without the need to wait for a renewal, respecting, in any case, the informative communications to the CLIENT.
16. NOTIFICATIONS.
The notifications that the CLIENT may wish to make to ONETORO and ONETORO TV SPN, on the occasion of the provisions of these Conditions, will be made through the following channels:
- By post to the following address: C/ Exposición, nº 34, C. P. 41.927, Mairena del Aljarafe, Seville.
- Through the chat available on the website https://onetoro.tv/pages/faq
- By e-mail to: [email protected]
Notifications, modifications and communications that ONETORO and ONETORO TV SPN addresses to the CLIENT will be made by any of the following means:
- By post 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 domicile, for all purposes, is the place where the service is provided, and, in the case of several, in any of them.
- By e-mail to any of the addresses provided by the CLIENT to ONETORO and ONETORO TV SPN.
- By telephone call or SMS to the telephone number provided by the CLIENT when registering.
- Through the CLIENT's private area, available from the "Access" tab of the https://onetoro.tv website or from the available applications
- By warnings and information in the reproductions.
- By publication on the website https://onetoro.tv
The CLIENT declares that all the data provided by the CLIENT is true and correct, and undertakes to inform ONETORO and ONETORO TV SPN of any changes that may occur to them.
Messages sent to the Site by e-mail 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, CLIENT acknowledges that any information it discloses there: (i) may be used by a third party; (ii) is non-confidential and may be read or intercepted by others; and (iii) does not create any confidential or contractual relationship between CLIENT and ONETORO and ONETORO TV SPN other than that already set forth in these Terms of Use.
By transmitting any message or submitting any creative ideas, concepts, know-how, techniques, suggestions, opinions, votes, or materials (collectively, "Submissions"), you automatically grant ONETORO and ONETORO TV SPN a perpetual, non-exclusive, non-geographical, 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 in the future, for advertising and promotional purposes. All Submissions, whether requested by ONETORO and ONETORO TV SPN in advance or spontaneously from CUSTOMER, through the Site, shall be the property of ONETORO and ONETORO TV SPN.
17. NULLITY OF THE CONDITIONS.
The nullity or unenforceability of any clause of these Terms, declared by a competent court or tribunal, in whole or in part, shall not affect the validity of the rest of the Terms.
The Spanish version of these Terms shall prevail over any other existing version or translation.
18. INTEGRITY.
These Terms of Use constitute the entire Contractual Terms between ONETORO and ONETORO TV SPN and THE CUSTOMER, and supersede all prior agreements, terms, covenants or contracts.
19. DENOMINATIONS.
Any reference or designation to websites, e-mails, telephone numbers or addresses owned by ONETORO and ONETORO TV SPN is understood to be made, where appropriate, to those that may replace them in the future
20. APPLICABLE LAW AND JURISDICTION.
Both these Terms and Conditions and any disputes that may arise on the occasion of them or arising from the contracting and use of the Service shall be governed and interpreted exclusively in accordance with the laws of Spain.
ONETORO and ONETORO TV SPN and the CLIENT submit to the competent Spanish Courts and Tribunals in accordance with current legislation.
21. WITHDRAWAL.
To the extent that it is possible for the CLIENT to contract the Service at least fourteen (14) days prior to the first access or use of the Service, the CLIENT has the right to cancel the contract entered into. The right of withdrawal shall not apply if, from the conclusion of the contract to the commencement 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 and ONETORO TV SPN does not participate in dispute resolution proceedings before Consumer Arbitration Services, unless otherwise established by the applicable law for each case
ONETORO and ONETORO TV SPN and the CLIENT submit to the Courts and Tribunals that are competent at any time, in accordance with the provisions of current legislation, for any dispute that may arise from the provision of the SERVICE subject to these Terms and Conditions of Contracting and Use.
In accordance with Article 40.5 of Law 7/2017 of 2 November 2017 transposing Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution in consumer matters into Spanish law, and in compliance with Regulation (EU) 524/2013 of the European Parliament and of the Council, On 21 May 2013, we informed the CLIENT of the existence of an online dispute resolution platform provided by the European Commission, as well as the possibility of submitting their complaint through it by accessing the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=ES
23. CUSTOMER INFORMATION.
ONETORO and ONETORO TV SPN will provide the content of this document and its contents on its website https://onetoro.tv , on its Android and iOS mobile applications, Android TV, Amazon Fire, ROKU and Apple TV devices, or in writing, if requested by THE CLIENT by email sent to the address [email protected]
