TERMS AND CONDITIONS OF CONTRACTING AND USE OF THE "ONETORO" SERVICE
Effective from December 11, 2023.
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.
In addition to this, and if in the future the technology available in ALTA STREAM allows it, the CLIENT will be able to access the available functionalities with the limitations determined by ALTA STREAM 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".
ALTA STREAM 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 non-commercial use, and any other use of the SERVICE that does not comply with the provisions of this paragraph is prohibited
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 ALTA STREAM 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 ALTA STREAM, 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 ALTA STREAM:
Time of payment
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)
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
Standard Annual Plan (Individuals)
Prepayment at the time of subscription
From the moment of subscription to the end of the subscription
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.
Flexible Monthly Plan (Individuals)
Prepayment with each monthly contract period
For thirty (30) continuous, uninterrupted and non-fractionable days.
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
Annual HORECA Plan (establishments)
Prepayment at the time of subscription
From the moment of subscription to the end of the subscription
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.
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, ALTA STREAM 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:
ALTA STREAM 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 ALTA STREAM does not acquire any liability associated with or arising from the failure to maintain accurate Registration Data. In addition, the CLIENT expressly authorizes ALTA STREAM to verify such registration data.
The CLIENT expressly acknowledges and agrees that ALTA STREAM may use the Registration Data to send ALTA STREAM 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 ALTA STREAM deems appropriate, such as the data on his/her device.
ALTA STREAM 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 ALTA STREAM (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 ALTA STREAM may hereafter deem to establish. The CLIENT agrees that ALTA STREAM 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.
ALTA STREAM 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. ALTA STREAM 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. ALTA STREAM is not responsible for the offensive or illegal conduct of users of the Site or third parties with access to it. ALTA STREAM 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 ALTA STREAM 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.
ALTA STREAM cannot guarantee that the Service will be useful for the performance of any particular activity, nor the reliability of the Service.
ALTA STREAM 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 ALTA STREAM.
7. HIGH STREAM OBLIGATIONS.
By virtue of this contract, ALTA STREAM will provide the Service of access to the contents, as well as a service to the CLIENT.
The CUSTOMER service is a web consultation service https://onetoro.tv/pages/faq, which 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, ALTA STREAM 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.
ALTA STREAM 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.
ALTA STREAM 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.
ALTA STREAM 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.
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 ALTA STREAM 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 ALTA STREAM 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 ALTA STREAM, 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, ALTA STREAM reserves the right to cancel the CLIENT's access to the service.
ALTA STREAM 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 ALTA STREAM 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, ALTA STREAM 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 ALTA STREAM 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.
Without prior notice or liability, upon detection of any breach or risk of default, ALTA STREAM 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.
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 ALTA STREAM has reason to suspect that an account shares identity with another account that has been previously terminated, ALTA STREAM 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 ALTA STREAM. 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 ALTA STREAM has the exclusive license or rights to exploit them.
The CLIENT may not download the material displayed on the Site, even for his or her personal, non-commercial 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 ALTA STREAM. Modification of any material displayed on the Site is a violation of ALTA STREAM'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 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 non-transferable 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 ALTA STREAM 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 ALTA STREAM.
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 ALTA STREAM.
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 ALTA STREAM 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 ALTA STREAM 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 ALTA STREAM lends you.
The Distributor shall be liable to ALTA STREAM for any use other than the above that may cause damage or harm to ALTA STREAM 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, ALTA STREAM 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, ALTA STREAM:
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. ALTA STREAM 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 ALTA STREAM, its duly identified personnel or the technical service designated by ALTA STREAM 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 ALTA STREAM, 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 ALTA STREAM, or whoever ALTA STREAM 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 ALTA STREAM 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 ALTA STREAM 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. ALTA STREAM shall not be liable, under any circumstances, for the unauthorized use or incorrect use of the username and/or password.
ALTA STREAM 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 ALTA STREAM, 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 ALTA STREAM.
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 ALTA STREAM to deactivate the username and/or password.
ALTA STREAM will ensure the confidentiality of its CLIENTS' access data.
9.5.5. MEASURES AGAINST MISUSE OF THE SERVICE.
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 ALTA STREAM may take and that it may decide to take.
10. MODIFICATIONS TO THE SERVICE.
For technical or legal reasons, ALTA STREAM may modify, restrict, suspend or terminate any functionality or content of the Site at any time, including the availability of any feature or service. ALTA STREAM 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 ALTA STREAM of any change in the contract details, especially those corresponding to the billing address and payment method.
ALTA STREAM, 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, ALTA STREAM 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.
ALTA STREAM 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 ALTA STREAM having received any communication, it will be understood that the CLIENT accepts the modified modifications.
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 ALTA STREAM, in particular, in the case of gifts and gifts in accordance with social customs.
ALTA STREAM 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.
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:
The notifications that the CLIENT may wish to make to ALTA STREAM, 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 ALTA STREAM 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 ALTA STREAM.
- 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 ALTA STREAM of any changes that may occur to them.
By transmitting any message or submitting any creative ideas, concepts, know-how, techniques, suggestions, opinions, votes, or materials (collectively, "Submissions"), you automatically grant ALTA STREAM 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 ALTA STREAM in advance or spontaneously from CUSTOMER, through the Site, shall be the property of ALTA STREAM.
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.
Any reference or designation to websites, e-mails, telephone numbers or addresses owned by ALTA STREAM 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.
ALTA STREAM and the CLIENT submit to the competent Spanish Courts and Tribunals in accordance with current legislation.
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.
ALTA STREAM does not participate in dispute resolution proceedings before Consumer Arbitration Services, unless otherwise established by the applicable law for each case.
ALTA STREAM 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.
ALTA STREAM 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]