TERMS AND CONDITIONS OF CONTRACTING AND USE OF THE "ONETORO" SERVICE
Effective from day 6 de octubre de 2023
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, ALTA STREAM (hereinafter, "ALTA STREAM", "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, in Volume 7.436, Folio 201, Registration Sheet SE-140.037.
By accessing and/or using the Services, the Site or the applications of ONE TORO, the CLIENT accepts without reservation these Terms of Use, whose assumption and understanding becomes indispensable for the provision of the Service by ALTA STREAM. The CLIENT declares to have read, understood and accepted these Terms of Use, made available at all times and prior to contracting in https://onetoro.tv/pages/terms.
Any amendment, addition, change or modification of the conditions contained in these Terms of Use will be reflected in an update of this publication, although the CLIENT undertakes to consult these Terms of Use periodically for changes.
The continued use of the Site after the publication of any changes in these Terms of Use will mean the acceptance, by the CLIENT, of said changes, which will apply from their publication.
The absence of acceptance of these Terms of Use implies that the user is not authorized to use any Services with charge, whose subscription or access is his 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 also 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 non-exclusive, non-transferable and limited right to access, use and display the content available in VoD and/or streaming on ONETORO's platforms (the "Payment Services" or simply the "SERVICE" or the "SERVICES"), upon prior subscription by the CLIENT, during the applicable period according to the contracted rate, and as long as the CLIENT fully complies with the provisions of these Terms of Use.
In addition, and if in the future the technology available in ALTA STREAM allows it, the CLIENT may 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 in the Service, "Live Control" and "Watch from the Beginning".
Without prejudice to what is regulated in 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 that only the CLIENT can use its user account and password, and that its payment to our fee-based Services cannot be shared with others. The CUSTOMER agrees to be financially responsible for all use or activity of the Payment Services purchased and/or subscribed using his account.
ALTA STREAM may modify the contents, and their number and composition may vary, either depending on the contractual commitments it has with third parties, or due to the modifications they make to them, or according to availability.
To the extent permitted by applicable law, ONETORO content is available worldwide. Under European Regulation 2017/1128 of June 14, 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, EEE1) may access the Service on their devices and use them in the same way as in Spain, having access to the same contents 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 and non-commercial use.
Unless the CLIENT subscribes to any commercial Subscription Plan, his use of the SERVICE will be limited exclusively to his personal and non-commercial use, being prohibited any other use of the SERVICE that does not adhere to what is contemplated in this paragraph.
The CLIENT undertakes to use the SERVICE only for domestic use, being expressly prohibited the exhibition of contents in public places or for collectivities. 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 obtain any commercial benefit from the ability to access, use and display the SERVICES, he understands that he is completely prohibited from using the SERVICES, unless he subscribes to the SERVICES expressly provided for businesses or commercial establishments.
An intention to obtain a commercial benefit is considered to exist if any of the following circumstances occur:
The CLIENT agrees that, if it intends to derive any commercial benefit from the ability to access or use the Services, it is 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 business establishment 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 https://onetoro.tv website.
THE CLIENT, according to 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 "Event Plan", provided for limited access during the 24 hours of the contracted day.
All payments are in advance at the time of subscription, except for the "Monthly Plan", where the annual fee is payable monthly and in advance. In this plan, the duration of the subscription, the permanence and the subscription period do not lose their annual condition, without prejudice to the fact that the rate is prorated in monthly installments.
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 the variations that may occur in accordance with the provisions of these clauses):
Subscription Plan |
Time of payment |
Access |
Permanence |
Plan of events (individuals) |
In advance at the time of contracting |
During the 24 hours of the day of the celebration of the contracted event (from 00:00h to 24:00h) |
No |
Monthly plan (individuals) |
Payment in advance of the entire annuity, although prorated each month of subscription. The non-enjoyment or early cancellation does not entitle to reductions of the total annual price. |
From the moment of subscription to the end of it |
One year |
Annual plan (individuals) |
Prepayment at time of subscription |
From the moment of subscription to the end of it |
One year |
Monthly HORECA Plan (establishments) |
Prorated prepayment each subscription month. Non-enjoyment or early cancellation does not entitle you to price reductions |
From the moment of subscription to the end of it |
One year |
Annual HORECA Plan (establishments) |
Prepayment at time of subscription |
From the moment of subscription to the end of it |
One year |
The CLIENT may modify, at any time, his Subscription Plan, as another / s are available given his condition of individual or establishments, as long as he makes the payment by credit or debit card directly to ONETORO.
3. CANCELLATION POLICY.
The CLIENT may cancel his subscription at any time:
The cancellation will take effect:
If CUSTOMER cancels their subscription before the end of the subscription period, we will not refund any subscription fees already paid to us for that subscription period, and the cancelled monthly billing periods will accrue as a permanence penalty.
If the subscription is subject to automatic renewal, from ALTA STREAM we must receive the cancellation request at least fifteen (15) days in advance last day of your current subscription period at that time, for annual plans, or the last day of the current billing period, for monthly plans. We reserve the right to charge any outstanding fees, surcharges or costs incurred before your cancellation takes effect.
The CLIENT will continue to have access to his subscription until the end of his subscription period in effect at that time 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, there will be no refunds, even partial, in accordance with clause 7.1.1. of these Terms and Conditions.
4. BASIC REQUIREMENTS TO SUBSCRIBE.
4.1. BASIC PERSONAL CONDITIONS FOR SUBSCRIBING.
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.
With the registration on the Site, and regardless of the effective use or not that the CLIENT gives to his subscription, the CLIENT accepts:
i. provide true, accurate and complete information about yourself as requested by the registration form ('Registration Data').
ii. maintain and immediately update the Data Registry so that those that appear are true, accurate, updated and complete.
ALTA STREAM reserves the right to suspend or terminate the CLIENT's user account and to refuse any current or future use of the Service (or any part thereof) on reasonable grounds to suspect that the registration data is false, inaccurate or incomplete. The CLIENT acknowledges and accepts that ALTA STREAM does not acquire any liability associated with or derived from the lack of maintenance of accurate Log Data. In addition, the CLIENT expressly authorizes ALTA STREAM to verify such registration data.
The CLIENT expressly acknowledges and accepts that ALTA STREAM uses the Registration Data to send important information and notices about the account and the Service, commercial messages and other promotions by email, SMS or any other means of contact. You can unsubscribe from commercial messages and other promotions through the unsubscribe mechanism contained in the corresponding message.
Registration on the ONETORO Site or subscription to the Service requires the establishment of a user account and the provision of a username and password, the obligations of which are set out in Clause 9.
In the case of access to certain contents of the Site without the need to register as a user, the user of the Site accepts that his identification is based on means that ALTA STREAM deems appropriate, such as the data of his device.
ALTA STREAM excludes any liability for damages of any kind that may be due to the incorrect identity of 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 made by a client or user in any kind of communication made through the services.
5. TECHNOLOGY REQUIRED BY THE CLIENT.
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), with the elementary software (internet browser with support and / or applications) and with stable internet connection, which must develop a minimum download speed of 8-10Mbps and a minimum upload speed of 2-5Mbps.
Weak broadband connection may cause quality problems with sound and/or image.
It is possible to play the content via HDMI cable connected between a compatible Device and a monitor (such as a TV), although the CLIENT understands that they must support HDCP technology and that its use is not recommended.
The Service is not available on rooted or jailbroken devices or any similar procedures.
6. AVAILABILITY; CONTINUITY OF SERVICE; USEFULNESS AND RELIABILITY; QUALITY; LEGALITY.
The availability and use of the Service may be limited according to age (minors cannot subscribe), geographical location (in application of current legislation and available technologies), commercial or non-commercial use or other relevant criteria that ALTA STREAM considers, in the future, establish. The CLIENT accepts that ALTA STREAM may deny him or her subscription to the Service, or that he may cancel an already formalized subscription, at any time according to these criteria.
Depending on the geographical location of the CUSTOMER, restrictions may apply to certain payment services, as some payment methods are restricted in certain areas of the world, and this may influence the receipt of the Service in certain places. The CLIENT will refrain from accessing the Service outside the territories allowed by current legislation or in an area where access restrictions to certain Internet sites apply.
The contents are only available in Spanish without subtitles. Navigation 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 a "catch up" or "last seven days" service, which allows access to the channel's contents broadcast in the last week. The channel will also be able to repeat the most important events at other times than live.
ALTA STREAM cannot guarantee that the contents of ONETORO are authorized for reproduction in all States of the world. Access to the Site and the contents included therein, by the CLIENT, is under his strict responsibility and at his 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 guarantee that the information contained in the Site is accurate, complete, and truthful or that the Site will be free, at all times, of errors and / or viruses. 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 contents available on the Site, transmitted, disseminated, stored, received, obtained or accessible through the Site, nor the absence of other elements that may cause alterations in the 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. The access, by the CLIENT, to pages outside the Site, or to other Internet sites, redirected from the Site, will be at his 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 enjoyment 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 Resolution of Incidents. 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, for site maintenance operations.
Notwithstanding the foregoing, ALTA STREAM undertakes to undertake its best efforts to solve possible interruptions of the Services (either access to the Site, or assistance) in the shortest possible time.
The customer service includes failures originating from the Site or the Applications, but in no way covers misuse thereof, manipulation by outside personnel and, ultimately, any cause attributable to the CLIENT, in which case the CLIENT will be obliged to pay the price corresponding to the provision of the assistance service.
The attention to the CLIENT does not include the technical assistance of incidents in the equipment of the CLIENT.
ALTA STREAM is not responsible for the CLIENT's computer equipment or for the alterations that their accesses may produce in the normal functioning of the Service. Likewise, it is not responsible for the lack of availability or interruptions caused by the intervention of a third party, or by the misuse of the equipment or the Service by the CLIENT or the people close to him, as well as a consequence of resolutions or judicial or administrative requirements.
8. PRICES.
ALTA STREAM provides the rates on its website https://onetoro.tv, without prejudice to the rest of the conditions of each Subscription Plan provided in Clause 2.2.
ALTA STREAM reserves the right to increase subscription fees, at any time, with one (1) month's notice, which, where appropriate, will be communicated through the means provided 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 show his disagreement with the new rates and to unilaterally terminate the relationship of provision of services regulated in these Terms of Use, without this giving the CLIENT any penalty or additional cost.
9. CUSTOMER OBLIGATIONS.
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 time.
The following preferred payment methods are accepted:
The CLIENT authorizes ALTA STREAM to process each and every account transaction initiated through the use of his username and password. With the subscription and/or provision of 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, except for the Event Plan, are considered annual.
Payment and Billing Information: The cost of the entire subscription period will be billed in advance except for the monthly plan, which will be prorated on a monthly fee basis, in addition to applicable taxes, in addition to applicable taxes, transaction fees, and other charges and fees incurred to access the fee-based Service. To such end, the CLIENT must provide a current, valid and accepted payment method (which can be updated in its 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, CUSTOMER represents and warrants that its use of such Payment Method is authorized and that all information it submits is true and accurate (including, but not limited to, its 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 sums that accrue, payable by CUSTOMER, based on the subscription/billing plan you select, including, but not limited to, any applicable taxes. The CLIENT agrees to maintain and immediately 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 fees. Check with your Payment Method service provider for details.
The payment corresponding to the Service will be enforceable from the moment it is presented to the 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 by ALTA STREAM, to its presentation to the 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, CUSTOMER remains responsible for accrued and uncollected amounts.
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 restore the suspended services (but not the canceled ones) within the next working day that has proof that the amount of the overdue billing has been satisfied, passing to the charge to the CLIENT, in concept of 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: Financial Credit Institutions, system managed by the company EQUIFAX IBERICA S.L. and BADEXCUG, system managed by the company Experian Bureau de Crédito, S.A. and any other that is communicated in a timely manner to the CLIENT.
All sales are final. All payments for subscriptions are non-refundable and prices and fees will not be prorated for partially used periods, except as provided in these Terms and Conditions for the Monthly Plan.
9.2. AUTOMATIC RENEWAL.
By subscribing to a Paid Service and providing or designating a payment method, CLIENT authorizes ALTA STREAM to charge subscription prices, on its payment method, at the beginning of its billing period and, where applicable at the beginning of each renewal period, unless CLIENT terminates or cancels its subscription period in accordance with the content of these Terms and Conditions, before the applicable renewal period begins.
Each time CUSTOMER is charged for its renewal, the renewal fee will be the same as the charge for the previous period, unless: (a) a discounted rate is eligible at the time of contracting 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 it subscribed; or (b) we notify you in accordance with these Terms and Conditions, in advance at the time of registration or prior to the commencement of the renewal period, that the renewal price will change.
ALTA STREAM will notify, prior to the end of the payment period, that such payment is nearing maturity, and will provide the terms and conditions that will apply. If CUSTOMER cancels its payment prior to the expiration of the then-current subscription period, its payment will automatically renew at the renewal price for the renewal period notified to it.
Auto-renewal is not available for merchant-to-retail payment services.
9.3. COMMITMENTS OF PERMANENCE.
All Subscription Plans, with the exception of the Event Plan, have an annual permanence. The early cancellation of the service, either by ALTA STREAM under the Terms and Conditions herein and by breaches of the CLIENT, or by the CLIENT voluntarily, will imply the early and immediate accrual of all amounts not collected for the remaining duration until reaching the year, as a penalty for permanence, and will not give the right to any compensation in favor of the CLIENT.
9.4. GENERAL CONDITIONS OF USE.
The 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 obliged to comply with the Terms of Use scrupulously. ALTA STREAM reserves the right to cancel access to the Service, the user's account and/or the CLIENT's password in the event of breaches originated at any time and detected both by ALTA STREAM and by those designated by it.
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) limiting the time of availability of a Service for a specific CLIENT; (ii) restrict the number of access allowed; (iii) restrict or terminate any user's right to use any of the Services.
Failure to comply with the Terms of Use entitles ALTA STREAM 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 to the Service.
ALTA STREAM assumes no responsibility, either to the CLIENT or to third parties, for the termination or cancellation of the CLIENT's access to its account or the Service, provided that it is based on a breach of the Terms of Use by the CLIENT or a third party.
Your user account: the CLIENT agrees 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 in any of the payment services.
If CUSTOMER's subscription is revoked for any reason, CUSTOMER agrees not to register or subscribe to the Services under another username or by any other means. If ALTA STREAM has reason to suspect that an account shares an identity with another that has been previously canceled, it reserves the right to cancel any new account that has been registered under these circumstances, without prior notice, or to take any other actions or measures that may apply.
You are entirely 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 password or credit card information or that of another person. 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. OWNERSHIP AND USE RESTRICTIONS.
The onetoro.tv and https://onetoro.tv/auth/login pages are operated by ALTA STREAM. The content and materials included in the Site (including, but not limited to, video, audio, photos, text, images, logos and other intellectual property related to the venues and participants in the celebrations) are the property of ALTA STREAM, or ALTA STREAM has a license or exclusive rights for its exploitation.
The republication, uploading, publication, transmission, reproduction, distribution, copying, public display or use of the contents of the Site except as provided in these Terms, without the written permission of ALTA STREAM is strictly prohibited. ALTA STREAM authorizes the CLIENT, in these Terms and in general, to use the intellectual property rights, industrial property 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 personal and non-commercial use, as long as current legislation does not require otherwise regarding copies for personal use. In the event that current legislation obliges to allow the downloading of private copy, the CLIENT undertakes to respect all copyright and other proprietary notices contained in the materials. The CLIENT may not distribute, reproduce, republish, display, modify, transmit, reuse, republish, link or use any service, content or material of the Site, for public or commercial purposes, on any other website or otherwise without the express written authorization of ALTA STREAM. Modification of any material displayed on the Site is a violation of ALTA STREAM's copyright and other proprietary rights.
All trademarks, logos and service marks (collectively, the "Trademarks") appearing on the Site are trademarks of their respective owners. Nothing contained on the Site should be construed as granting any license or right to use any trademark displayed on the Site without the written permission of its respective owner. The use of the trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms, is strictly prohibited.
The images of people or places shown on the Site are the property of ALTA STREAM or it publishes them with permission of their owners. The use of these images by the CLIENT, or any other person with access to his account, authorized or not 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. ALTA STREAM does not guarantee that access to the contents displayed on the Site will not infringe the rights of third parties other than ALTA STREAM or who collaborate with it.
The CLIENT undertakes not to assign, transfer or sublicense his rights as a registered user or subscriber of our Payment Services. The CLIENT also understands that only he can use his user account and password, which are non-transferable, and that his subscription cannot be shared with third parties other than him. The CLIENT will respond, including monetarily, for any use or activity of the Service that is made from his user account.
No more than one simultaneous playback with a login is allowed, restricting simultaneous playback to one device. The CLIENT can have the ONETORO applications installed on multiple devices, but these cannot be used simultaneously. It is possible to register different devices.
9.5.1. PROPER USE OF SERVICES AND LIMITATIONS.
The Service and all content accessed through the Site are for personal and domestic use of the CLIENT and are not marketable. During the subscription to ONETORO, a limited, non-exclusive, non-transferable right is granted to access the Service through the use of a single simultaneous device, owned by the Subscriber. Likewise, access cannot be shared with devices other than the one registered for each access of the Subscriber, nor communicate to third parties, or assign them, access to the Service – with the exception of liberalities typical of social customs, such as gifts of the subscription.
The CLIENT undertakes to refrain from obtaining, or attempting to obtain, the contents and information of the Service using means or procedures other than those that ALTA STREAM provides for your enjoyment.
Without prejudice to any others that also imply a use other than that contemplated in these conditions, the following will be considered uses contrary to good use, by way of example, but not limited to, whether perpetrated by the Subscriber, by the DISTRIBUTOR or by a third party:
1) Use of different devices simultaneously, access through unregistered devices and / or ownership other than that of the Subscriber.
2) Sharing or transfer of access with devices other than the one registered for each access of the Subscriber.
3) Communication or assignment to third parties, other than the Subscriber, of access to the Service, allow other persons to access the Subscriber's account and / or reveal the access password, or share or make available to third parties the data of the Subscriber's account, except in the cases included in this clause.
4) Use of the contents for commercial or profit purposes.
5) Exhibition of the contents of ONETORO in public, on a public basis, in public places (bars, restaurants, cafeterias, lounges, etc.) or in publicly accessible premises, in any case, and, in particular, in establishments open to the public and/or restaurants, without the relevant contracting of the specific Account Plan for such cases. It will be considered in any case, and without exceptions, an unauthorized use of the Service.
6) The resale of the Service, the commercial exploitation of the Service (whether economic returns are obtained or not), direct or indirect, by resale or facilitation of access to the Service or any of its capabilities or functionalities in a manner not authorized by ALTA STREAM.
7) Allocate the possibilities offered by the Service, in any of its benefits and characteristics, to purposes not authorized 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, part of it or its partial contents in ways other than as provided in these Terms of Use published in https://onetoro.tv/pages/terms , without the written permission of ALTA STREAM. In particular, the above actions dedicated to public or commercial purposes or on any other website other than those authorized by ALTA STREAM are considered improper uses.
9) Circumvent, remove, alter, disable, downgrade, block, obscure or defeat any of the access protections, content or other elements of the Service, including the graphical user interface, any advertising features, copyright notices and trademarks.
10) Use any type of robot, spider, scraper or other automated 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 email and instant messaging, material 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 the images of people, places or things displayed on the Service, by the Subscriber or any person with access to the Subscriber's account or its content, without specific permission from ALTA STREAM.
16) View the Service in circumstances where the public may simultaneously view or incite such conduct, use the Service abusively, or for unlawful or unauthorized purposes.
17) Access to ONETORO contents outside the territory in which the account has been established and/or outside the geographical locations where the Service is offered under the subscribed rate and/or ALTA STREAM has exhibition rights.
18) In the case of intervention of a DISTRIBUTOR, the absence of identification of the Subscribers, by the former, 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 characteristics and benefits included in the Service, as well as any other related services that ONETORO contains, or that ALTA STREAM lends to you.
The Distributor will be liable to ALTA STREAM for any use other than the previous one 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 modality 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 made through it, ALTA STREAM reserves the right to verify, at any time, the condition of the Subscriber and its use in accordance with the proper use of the Service.
The DISTRIBUTOR must identify each and every one of the Subscribers contracted through its intermediation, or to whom the Service is provided with 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 prescriptions of good use exposed.
In case of detection of an unauthorized use of the Product or contrary to the rules of good use, or in case of breach of the DISTRIBUTOR of 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 according to commercial use. ALTA STREAM reserves the right to verify, at any time, the condition of 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 made, to authorize ALTA STREAM, its duly identified personnel or the technical service that ALTA STREAM designates for this purpose, to access the facilities and equipment in which the Service is available and / or installed the applications, in order to carry out the maintenance operations that, in the opinion of ALTA STREAM, are necessary, as well as in order to verify the proper use of the service.
In the case of HORECA establishments or those open to the public, as well as any others provided for in Clause 2, the CLIENT assumes that ALTA STREAM personnel, or whoever ALTA STREAM designates for that purpose, may appear in it, respecting their access requirements, in order to exercise the powers of verification and regularization of any aspect of the Service.
In the case of intermediation of DISTRIBUTOR, it will 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 user account and password, the CLIENT assumes the following obligations regulated in this Clause, and, in general, undertakes to make diligent use of his user account and password, and to keep them secret.
The CLIENT is solely responsible for maintaining the confidentiality of his username and password and must notify ALTA STREAM, immediately, of any unauthorized use of his username and password. The CLIENT acknowledges and agrees that he is responsible for any unauthorized activity that is carried out through the use of his username and password. ALTA STREAM will not be responsible, in any case, for the unauthorized use or incorrect use of the username and / or password.
The CLIENT accepts that ALTA STREAM may be obliged to unilaterally change the usernames assigned to some of the Services, and that ALTA STREAM is obliged to collect and use its username, password and other Registration Data in accordance with the Privacy Policy of the Site.
ALTA STREAM may unilaterally, and at any time, modify, suspend or revoke the 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 to the CLIENT as soon as possible.
The CLIENT may modify his password at any time, in accordance with the restrictions established by ALTA STREAM.
In any case, the CLIENT will be responsible for the expenses corresponding to the use of the Services by any third party that uses the CLIENT's password for this purpose until the moment in which, where appropriate, the CLIENT has requested ALTA STREAM to deactivate the user and / or password.
ALTA STREAM will ensure the confidentiality of the access data of its CLIENTS.
9.5.5. MEASURES AGAINST MISUSE OF THE SERVICE.
In all cases mentioned in these Terms of Use, in particular in Clause Seven, as well as in any others that also occur improperly or outside the intended purpose of the Product, ALTA STREAM reserves the right, at its option, to:
Likewise, these reservations of rights will apply in cases where ALTA STREAM detects a breach of the security of a Subscriber's account, in case of abusive, excessive use, contrary to the interests of ALTA STREAM, breach of the Terms of Use, if requested by a public authority or if it may be necessary in compliance with applicable regulations.
The circumvention or attempt to circumvent any restriction of use will imply the immediate cancellation of the subscription, without prejudice to the legal actions that protect ALTA STREAM and that it decides to undertake.
9.5.6. INDEMNITY.
The CLIENT acknowledges that any violation of these Terms of Use may cause damages to ALTA STREAM for whose mitigation ALTA STREAM reserves the right to exercise any actions that protect it in defense of its interests, including the precautionary measures reasonably necessary to guarantee full compliance with these Terms of Use.
The CLIENT accepts and understands that, if his use of the Site or the Service does not conform to the conditions of good use, or if his access to the Service does not conform to these Terms of Use, he must indemnify ALTA STREAM for the damages caused to him, as well as exempt it from claims of third parties, including the fees of legal professionals.
10. SERVICE MODIFICATIONS.
For technical or legal reasons, ALTA STREAM may modify, restrict, suspend or cancel any functionality or content of the Site at any time, including the availability of any feature or service. ALTA STREAM may cancel or restrict access to the Site, or certain parts thereof, to CUSTOMERS who fail to comply with these Terms.
The CLIENT undertakes to notify ALTA STREAM of any change in the contract data, especially those corresponding to the billing address and payment method.
ALTA STREAM, with the sole purpose of restoring the balance of benefits between the Parties, may modify the conditions established in the contract, for any of the following reasons when they are due to situations that occurred at a time after the approval of these Terms and Conditions:
Additionally, with respect to the provision of digital content or services, ALTA STREAM may modify them to adjust them to the description, type, quantity, quality, security and possess the functionalities in accordance with the Service provided at all times.
ALTA STREAM will inform the CLIENT of any modification indicating the precise reason for which it obeys at least ONE (1) month before the date on which the modification will be effective, the CLIENT having the right to terminate the contract without penalty, without prejudice to other commitments acquired by the CLIENT himself. After the period of one month without ALTA STREAM having received any communication, it will be understood that the CLIENT accepts the modified modifications.
11. ASSIGNMENT OF THE CONTRACT.
The service object of this contract is personal, although the client may transfer it to a third party with the prior consent of ALTA STREAM, in particular, in cases of gifts and donations in accordance with social customs.
ALTA STREAM may assign this contract by previously informing the CLIENT in accordance with current regulations, and without prejudice to the right that the client may have to terminate the contract.
12. DATA PROTECTION.
For access to digital content or services that require the registration of your personal data, ALTA STREAM in accordance with the provisions of Regulation EU 2016/679, of the European Parliament and of the Council of April 27, 2016. (RGPD) and in Organic Law 3/2018, of December 5, Protection of Personal Data and Guarantee of Digital Rights (LOPDGDD), will guarantee the security and confidentiality of the data provided. In any case, you must freely read and accept our Privacy Policy before providing them and registering.
ALTA STREAM may use cookies during the provision of the service. All information on the use made by ALTA STREAM is collected and detailed in the Cookies Policy
13. VALIDITY 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 will be resolved for the general causes admitted by law, for those provided throughout its clauses, and expressly:
14. MODIFICATIONS TO THESE TERMS OF USE.
These Terms of Use may be modified or updated by ALTA STREAM, if it deems it necessary or convenient for the Provision of the Service, respecting, in any case, the informative communications to the CLIENT.
15. NOTIFICATIONS.
The notifications that the CLIENT wishes to make to ALTA STREAM, on the occasion of what is regulated in 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 web https://onetoro.tv/pages/faq
- By email to the address: [email protected]
The notifications, modifications and communications that ALTA STREAM directs to the CLIENT will be made by any of the following means:
- By postal mail to the address designated by the CLIENT, for this purpose, at the time of contracting. In the absence of the designation of an address, or its modifications, it will be understood that the domicile of the CLIENT, for all purposes, is the place where the service is provided, and, if there are several, in any of them.
- By email to any of the addresses that the CLIENT provides to ALTA STREAM.
- By phone call or SMS to the telephone number provided by the CLIENT in his registration or registration.
- Through the private area of the CLIENT, available from the "Access" tab of the https://onetoro.tv website or from the available applications.
- For notices and information in the reproductions.
- By publication on the website https://onetoro.tv
The CLIENT declares that all the data provided by him are true and correct, and undertakes to communicate to ALTA STREAM the variations that, where appropriate, occur on them.
Messages sent to the Site by e-mail or otherwise, including data, questions, comments, suggestions or the like, will be treated as non-confidential and non-proprietary. By sending a message to the Site, the CLIENT acknowledges that any information he discloses there: (i) may be used by a third party; (ii) is not confidential and may be read or intercepted by others; and (iii) does not create any confidential or contractual relationship between the CLIENT and ALTA STREAM other than that already established in these Terms of Use.
By transmitting any message or submitting creative ideas, concepts, know-how, techniques, suggestions, opinions, votes or materials (collectively, 'Submissions'), you automatically grant ALTA STREAM a perpetual, non-exclusive, geographically unrestricted, irrevocable right to use, reproduce, modify, publish, translate, distribute, perform or display such messages and submissions, in whole or in part, in any form, Media or technology now known or in the future, for advertising and promotional purposes. All Submissions, whether requested by ALTA STREAM previously or spontaneous by the CLIENT, through the Site, will be the property of ALTA STREAM.
16. NULLITY OF THE CONDITIONS.
The nullity or unenforceability of any clause of these Conditions, declared by a competent Court or Tribunal, in whole or in part, will not affect the validity of the rest of the Conditions.
The Spanish version of these Terms shall prevail over any other existing version or translation.
17. INTEGRITY.
These Terms of Use constitute the complete Contractual Conditions between ALTA STREAM and THE CLIENT, and replace all previous agreements, terms, covenants or contracts.
18. DENOMINATIONS.
Any reference or denomination to web pages, emails, telephone numbers or addresses whose ownership corresponds to ALTA STREAM is understood to be made, where appropriate, to those that in the future may replace them.
19. APPLICABLE LAW AND JURISDICTION.
Both these Conditions and the disputes that may arise on the occasion of them or derived from the contracting and use of the Service will be governed and interpreted exclusively in accordance with the laws of Spain.
ALTA STREAM and the CLIENT submit to the Spanish Courts and Tribunals that are competent in accordance with current legislation.
20. 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 concluded. The right of withdrawal shall not apply if, from the conclusion of the contract until the beginning of the Service or the first access of the CLIENT to the content, a period of less than fourteen (14) days elapses.
21. CONFLICT RESOLUTION.
ALTA STREAM does not participate in dispute resolution proceedings before Consumer Arbitration Services, unless the applicable Law for each case establishes otherwise.
ALTA STREAM and the CLIENT submit to the Courts and Tribunals that are competent at all times, in accordance with the provisions of current legislation, for any dispute that may arise from the provision of the SERVICE object of these Terms and Conditions of Contract and Use.
In accordance with article 40.5 of Law 7/2017, of November 2, which incorporates into Spanish law Directive 2013/11/EU of the European Parliament and of the Council of May 21, 2013, on the alternative resolution of consumer disputes, and in compliance with Regulation (EU) 524/2013 of the European Parliament and of the Council, of May 21, 2013, we inform the CLIENT of the existence of an online dispute resolution platform provided by the European Commission, as well as the possibility of submitting your claim through it by accessing the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=ES
22. CUSTOMER INFORMATION.
ALTA STREAM will provide the content of this document and its content on its website https://onetoro.tv, in its Android and iOS mobile applications, Android TV devices, Amazon Fire, ROKU and Apple TV, or in writing, if requested by THE CLIENT by email sent to the address [email protected]
