Please read these terms and conditions of use (these 'Terms of Use') carefully before using this website, associated apps and/or associated services and content offerings (collectively, the 'Site') offered by ONETORO TV SPN, S.L.U. - CIF B88612676 ('ONETORO TV SPN,' 'we,' 'our' and 'us'). Your access to and use of the Site is subject to the following terms and conditions (including the Privacy Policy of the Site) and all applicable laws. These Terms of Use contain important information regarding your legal rights including mandatory arbitration in your individual capacity only, no representative claims, and waiver of your right to a jury trial.
By accessing and using the Site, you agree to be bound by these Terms of Use and any specific and/or supplemental terms and conditions. If you do not agree to these Terms of Use, please do not use the Site. These Terms of Use may be amended or modified, or new conditions may be imposed, at any time. Any such changes or additions will be reflected by an update of this posting. Please check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes to these Terms of Use (including the Privacy Policy ) will mean you accept those changes and that such changes shall apply to your use of the Site after such changes have been posted.
onetoro.tv and signup.onetoro.tv are operated by ONETORO TV SPN. The content and materials contained within the Site (including, but not limited to, video, audio, photos, text, images, logos and other intellectual property related to the arenas and the participants) are either owned by or licensed to ONETORO TV SPN. No such content from the Site may be reproduced, republished, uploaded, posted, transmitted, reproduced, distributed, copied, publicly displayed or otherwise used except as provided in these Terms of Use without the written permission of the Operator.
You may download material displayed on the Site to any single computer only for your personal, noncommercial use, provided you also maintain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, reproduce, republish, display, modify, transmit, reuse, repost, link to, or use any services, content or materials of the Site for public or commercial purposes on any other Web site or otherwise without our written permission. Modification of any materials displayed on the Site is a violation of ONETORO TV SPN'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, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of its respective owner. Your use of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms of Use, is strictly prohibited.
Images of people or places displayed on the Site are either the property of, or used with permission by, ONETORO TV SPN. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms of Use or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. ONETORO TV SPN neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with us.
If you opt to register for any portion of this Site, you agree to: (i) provide true, accurate and complete information about yourself as prompted by the registration form ('Registration Data') and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that the Registration Data is untrue, inaccurate or incomplete, we will have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). You acknowledge and agree that we will have no liability associated with or arising from your failure to maintain accurate Registration Data, including, but not limited to, your failure to receive critical information about the Site or your account. You further agree that we are authorized to verify such Registration Data. You acknowledge and agree that we may rely on the Registration Data to send you important information and notices regarding your account and the Site. From time to time, we may send you commercial messages and other promotions by email or SMS. You can unsubscribe from our commercial messages and other promotions through the unsubscribe mechanism contained in the applicable message.
If you opt to register for any portion of this Site, you may be required to establish an account and provide a username and password. You authorize us to process any and all account transactions initiated through the use of your username and password. You are solely responsible for maintaining the confidentiality of your username and password and must immediately notify us of any unauthorized use of your username and password. You acknowledge and agree that you are responsible for any unauthorized activities, charges and/or liabilities made through the use of your username and password. In no event will we be liable for the unauthorized use or misuse of your username and/or password. We may need to change usernames allocated to certain of our products and services and we reserve the right to do so. You will be informed of this if we make such a change. We collect and use your username, password and other Registration Data in accordance with the Privacy Policy of the Site.
This Site may provide you with access to some content and services without you having to register as a user. In each such case your identification is based on means of identification that we deem appropriate, such as your device data.
Messages submitted to the Site by email or otherwise, including any data, questions, comments, suggestions or the like are, and will be treated as, nonconfidential and nonproprietary. By submitting a message to the Site, you acknowledge that any information disclosed by you therein (i) may be used by any third party; (ii) is not confidential and may be read or intercepted by others; (iii) creates no confidential, fiduciary, contractually implied or other relationship between you and us other than pursuant to these Terms of Use; and (iv) is subject to the grant of rights to ONETORO TV SPN described in this Section 3.
By transmitting any message or submitting creative ideas, concepts, know-how, techniques, suggestions, opinions, votes or materials (collectively, 'Submissions'), you are automatically granting ONETORO TV SPN a perpetual, royalty-free, non-exclusive, unrestricted, worldwide and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform or display such messages and Submissions, in whole or in part, in any form, media or technology now known or hereafter developed for any purpose, including, but not limited to, advertising and promotional purposes, and to sublicense such rights to others (collectively, 'Rights'). All Submissions, whether solicited or unsolicited, shall become and remain the property of ONETORO TV SPN. This means that anything submitted by you to the Site may be used by us for any purpose, now or in the future, without any payment to, or further authorization by, you. We also have the right, but not the obligation, to use your name in connection with the broadcast, print, online or other use or publication of your Submission.
Solicited Submissions: At times, we may solicit Submissions from visitors to the Site, including, but not limited to, information, ideas, artwork or other materials. For information on how solicited Submissions will be used, please review any notices of planned use posted where we solicit the Submission. Your provision of information in response to such a solicitation is a grant by you to ONETORO TV SPN of the Rights described above.
Unsolicited Submissions: Although we are pleased to hear from bullfighting fans and welcome your comments regarding the Site, unfortunately, the Site's policy does not permit us to accept or consider unsolicited Submissions. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings, legal or otherwise, when creative ideas, concepts or materials developed by us or our partners might appear to be similar to your Submission(s). Accordingly, we must ask that you do not send us any unsolicited Submissions, we assume no responsibility for reviewing such Submissions and we will not incur any liability as a result of any similarities between your Submissions and future bullfighting products or programs. In the event you do submit unsolicited Submissions, such Submissions shall be deemed, and shall remain, the property of ONETORO TV SPN. As is the case with solicited Submissions, the submission of any unsolicited Submission shall constitute a grant by you to ONETORO TV SPN of the Rights described above.
We may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site feature, service, or content. We may also impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability at any time in our sole discretion, without prejudice to any legal or equitable remedies available to us, for any reason or purpose, including, but not limited to, conduct that we believe violates these Terms of Use or other policies or guidelines posted on the Site or conduct that we believe is harmful to other users, to our business, or to our partners. Upon any termination of your account, you shall immediately discontinue your use and access of the Site and delete all materials obtained from the Site.
While we use reasonable efforts to include accurate and up to date information on the Site, we make no warranties or representations as to its accuracy. We assume no liability or responsibility for any errors or omissions in the content of the Site.
Neither ONETORO TV SPN nor any of its affiliates, members, managers, employees, officers, directors, partners, licensors or suppliers (collectively, the 'ONETORO TV SPN Parties') make any representation that the materials contained in the Site are appropriate or authorized for use in all countries, states, provinces, county or any other jurisdictions. If you choose to access the Site, you do so on your own initiative and risk and are responsible for compliance with all applicable laws.
THE MATERIALS IN THIS SITE ARE PROVIDED 'AS IS' AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE ONETORO TV SPN PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ONETORO TV SPN PARTIES DO NOT WARRANT OR REPRESENT THAT THE INFORMATION CONTAINED IN THE SITE IS ACCURATE, COMPLETE, CORRECTLY SEQUENCED, RELIABLE OR TIMELY, OR THAT THE SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS AND/OR VIRUSES. YOU SPECIFICALLY ACKNOWLEDGE THAT THE ONETORO TV SPN PARTIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITE OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU USE THE SITE AT YOUR SOLE RISK.
NOTWITHSTANDING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE ONETORO TV SPN PARTIES, FOR ANY REASON AND UPON ANY CAUSE OF ACTION, ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE OR THESE TERMS OF USE SHALL BE LIMITED TO DIRECT DAMAGES ACTUALLY INCURRED BY YOU AND SHALL NOT EXCEED THE AMOUNT ACTUALLY RECEIVED BY ONETORO TV SPN FROM YOU FOR THE USE OF THE SITE DURING THE MONTH IN WHICH THE EVENT GIVING RISE TO SUCH CLAIM OCCURRED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATION OF LIABILITY HEREIN APPLIES TO ALL LIABILITIES IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM YOUR USE OR YOUR INABILITY TO USE THE SITE, OR ANY OTHER MATTER ARISING FROM OR RELATING TO THESE TERMS OF USE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ONETORO TV SPN PARTIES SHALL NOT HAVE ANY LIABILITY FOR ANY INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES WHATSOEVER FOR ANY REASON ARISING IN CONNECTION WITH THESE TERMS OF USE AND/OR THE SITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THIS LIMITATION IS INDEPENDENT OF ANY OTHER LIMITATION SET FORTH IN THESE TERMS OF USE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ONETORO TV SPN PARTIES SHALL HAVE NO LIABILITY FOR ANY DAMAGES OR INJURY CAUSED, IN WHOLE OR IN PART, BY CONTINGENCIES OR ISSUES BEYOND THEIR REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO: THE ACTS OF THIRD PARTIES, ERRORS IN THE CONTENT OR SITE, NETWORK FAILURES, INTERNET FAILURES, SOFTWARE AND HARDWARE FAILURES, VIRUSES AND OTHER SYSTEM ATTACKS, LABOR STOPPAGES, RIOTS, ACTS OF GOVERNMENT OR GOD, NATURAL DISASTERS, ACTS OF TERRORISM, COMMUNICATION LINE FAILURE, OR THEFT, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF RECORDS.
THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER (I) LIABILITY OR DAMAGE IS ALLEGED FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER THEORY OR CAUSE OF ACTION, AND/OR (II) THE PARTY AGAINST WHICH LIABILITY OR DAMAGES IS SOUGHT WAS ADVISED OF THE POSSIBILITY THEREOF.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OF USE, THE SITE, OR ANY PART THEREOF, MUST BE ASSERTED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE, OR IT SHALL BE FOREVER BARRED.
The Site may contain links and pointers to other websites, resources, and advertisers of the Site. Links to and from the Site to other sites, maintained by third parties, do not constitute an endorsement by ONETORO TV SPN or any affiliate of any third-party site or content. We are not responsible for the availability of these third-party resources, or their contents. We have not reviewed any or all of the sites linked to the Site and are not responsible for the content of any off-Site pages or any other sites linked to the Site. Your linking to the Site, off-Site pages or other sites is at your own risk. By clicking on any such link, you acknowledge that we have no control over, and make no representations of any kind with respect to, such other sites or any content contained within such other sites, and you hereby waive any claim against the ONETORO TV SPN Parties with respect to such other sites. You should direct any concerns regarding any external link to its site administrator.
We may give notice to users of the Site by means of a general notice on the Site, email to a user's email address if on record in our account information, or by written communication sent by first class mail to a user's address if on record in our account information. You may give notice to us (such notice shall be deemed given when received) at any time by email to [email protected] or letter delivered by first class postage prepaid mail or courier to us at 237 south Dixie highway. Coral gables 33133; provided, however, that any notice by you related to any dispute, claim, or controversy arising out of or in connection with your access to, and/or use of the Site, and/or the provision of content, services, and/or technology on or through the Site must be provided by letter delivered by first class postage prepaid mail or courier to us at the address specified above.
You hereby agree to indemnify and hold the ONETORO TV SPN Parties harmless from all claims, liabilities, damages, and expenses (including attorneys' fees and court costs) arising out of or relating to: (i) your use of the Site or any service provided thereby (including any fee-based services) and (ii) any breach or alleged breach of these Terms of Use or any Subscriber Agreement for fee-based services.
If you believe in good faith that your copyrighted work has been reproduced on or linked from the Site without authorization in a way that constitutes copyright infringement, please provide our designated copyright agent with the following information:
(a) identification of the copyrighted work claimed to have been infringed;
(b) identification of the allegedly infringing material on the Site that is requested to be removed;
(c) your name, address and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary;
(d) a statement that you have a good-faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
(e) a statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and
(f) an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement.
The copyright agent for notice of claims of infringement on the Site is:
DMCA Agent
795 Market Street
Victoria, British Columbia
V8T 0B4, Canada
Phone: 1 888-258-2612
Email: [email protected]
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT
ONETORO TV SPN and you agree that these Terms of Use affect interstate commerce and that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
In the event ONETORO TV SPN or you have any dispute, claim or controversy arising out of or in connection with (i) these Terms of Use, our Privacy Policy, or a Subscriber Agreement, (ii) your access to, interaction with and/or use of the Site, (iii) any purchases, subscriptions or other transactions or relationships with ONETORO TV SPN made through the Site, whether pursuant to a Subscriber Agreement or otherwise, (iv) the provision of content, services, and/or technology on or through the Site, or (v) any data or information you may provide to ONETORO TV SPN or that ONETORO TV SPN may collect in connection with such use, interaction or transaction conducted through the Site (collectively, 'ONETORO TV SPN Transactions or Relationships'), you will not have the right to pursue a claim in court or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Site or our other services, or engaging in any other ONETORO TV SPN Transactions or Relationships with us, you agree that, except as expressly provided in this Section 9, any such dispute, claim or controversy shall be resolved exclusively by final and binding arbitration ('Arbitration') as provided in this Section 9.
Before initiating any Arbitration, ONETORO TV SPN or you must give the other notice of the dispute, claim, or controversy which notice will include a brief written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, claim, or controversy and the relief requested. You must send any such notice via letter delivered by first class postage prepaid mail or courier to the following address:
237 south Dixie highway. Coral gables 33133
To the extent that we have your contact information, we will send any such notice to your email address or by U.S. Mail. ONETORO TV SPN and you will attempt to resolve any dispute, claim, or controversy through informal negotiation within 30 days from the date that any notice of dispute, claim, or controversy is sent. ONETORO TV SPN and you shall use reasonable, good faith, efforts to settle any dispute, claim, or controversy through consultation and good faith negotiations. After 30 days, ONETORO TV SPN and/or you may resort to the other alternatives described in this Section 9. Notwithstanding anything herein to the contrary, the notice and 30-day negotiation period required by this Section 9 shall not apply to disputes, claims, or controversies concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the Site.
We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. Except as otherwise specifically set forth below, you agree that any dispute, claim, or controversy of any kind between ONETORO TV SPN any ONETORO TV SPN Transactions or Relationships, if unresolved through informal discussions within 30 days of receipt of notice, shall be resolved by binding Arbitration to be held in the state in which you reside. Notwithstanding anything to the contrary, however, disputes, claims, or controversies concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the Site shall not be subject to Arbitration.
For residents outside the United States, Arbitration shall be initiated in New York, New York, and ONETORO TV SPN and you agree to submit to the personal jurisdiction of any state or federal court in New York, New York to compel Arbitration, stay proceedings pending Arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. For residents outside the United States, if binding Arbitration is adjudged by a tribunal to be unenforceable, the provisions of Section 10 below shall apply to all relevant disputes between you and ONETORO TV SPN.
Any Arbitration shall be administered by JAMS or its successor ('JAMS') and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000, in accordance with the JAMS Comprehensive Arbitration Rules And Procedures then in effect (respectively, the 'Applicable Rules'). The Applicable Rules can be found at www.jamsadr.com. If JAMS is no longer in existence, the Arbitration shall be administered by the American Arbitration Association or its successor (the 'AAA') instead, and conducted in accordance with the AAA Commercial Arbitration Rules in effect at that time (which shall be the 'Applicable Rules' in such circumstances). If JAMS (or, if applicable, AAA) at the time the Arbitration is filed has Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness or successor or analogous policies in effect which would be applicable to the matter in dispute ('Minimum Standards'), ONETORO TV SPN agrees to provide the benefit of such Minimum Standards to you to the extent they are more favorable than the comparable arbitration provisions set forth in this Section 9, provided, however, that in no event may such Minimum Standards contravene or restrict the application of subpart (E) or (I) below. Furthermore, this Section 9 shall not prevent any party from seeking provisional remedies in aid of Arbitration from a court of appropriate jurisdiction. You further agree that:
In the event ONETORO TV SPN or you have any dispute, claim or controversy arising out of or in connection with any ONETORO TV SPN Transactions or Relationships and binding Arbitration is adjudged by a tribunal to be unenforceable (a 'Section 10 Dispute'), then you and we agree to send a written notice to the other providing a reasonable description of the Section 10 Dispute along with a proposed resolution. Our notice to you will be sent to you based on the most recent contact information that you provide us, but if no such information exists or if such information is not current then we have no obligation under this Section 10. Your notice to us must be sent to: 237 south Dixie highway. Coral gables 33133. For a period of sixty (60) days from the date of receipt of notice from the other party, ONETORO TV SPN and you will engage in a dialogue in order to attempt to resolve the Section 10 Dispute, though nothing will require either you or ONETORO TV SPN to resolve the Section 10 Dispute on terms with respect to which you and ONETORO TV SPN, in each of our sole discretion, are not comfortable. You and ONETORO TV SPN agree that the state or federal courts in the State of New York shall have non-exclusive jurisdiction of any Section 10 Dispute. To the maximum extent permitted by the mandatory laws in your country of residence, these Terms of Use, any Subscriber Agreement and any Article 7.A Dispute arising out of or in connection with these Terms of Use, a Subscriber Agreement or their subject matter or formation (including non-contractual disputes) will be governed by, and construed in accordance with, the laws of the U.S. and the State of New York without regard to its conflicts of law provisions. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A SECTION 10 DISPUTE AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH) ABOVE WITHIN ONE (1) YEAR AFTER THE SECTION 10 DISPUTE ARISES, OR IT WILL BE FOREVER BARRED. The foregoing provisions of this Section 10 will not apply to any legal action taken by ONETORO TV SPN to seek an injunction or other equitable relief in connection with any loss, cost, or damage (or any potential loss, cost, or damage) relating to our Site or our intellectual property rights, operations, and/or products or services.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
ONETORO TV SPN and you agree that ONETORO TV SPN and you will resolve any disputes, claims or controversies on an individual basis, and that any claims brought under these Terms of Use, any Subscriber Agreement or in connection with the Site will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. ONETORO TV SPN and you further agree that ONETORO TV SPN and you shall not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising under these Terms of Use, any Subscriber Agreement or in connection with the Site.
If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the disputes, claims or controversies will not be subject to arbitration and must be litigated in federal court located in New York, New York.
The terms of this provision will also apply to any claims asserted by you against any ONETORO TV SPN Party to the extent that any such claims arise out of your access to, and/or use of the Site, and/or the provision of content, services, and/or technology on or through the Site.
These Terms of Use, any Subscriber Agreement and any disputes relating to these Terms of Use, any Subscriber Agreement or the Site will be governed by the laws of the State of New York, United States of America, without regard to its principles of conflicts of laws. You further agree to accept service of process by certified mail, return receipt requested at the address designated by you. We will be entitled to recover court costs and reasonable attorneys' fees and expenses incurred in successfully proving any breach of these Terms of Use or any Subscriber Agreement. In the event the arbitration provisions are determined to be unenforceable for any reason, or if a claim, dispute or controversy is brought that is found by a court to be excluded from the scope of the arbitration provisions, ONETORO TV SPN and you agree to waive, to the fullest extent allowed by law, any trial by jury.
You acknowledge and agree that any violation of these Terms of Use or any Subscriber Agreement relating to the disclosure, use, copying, distribution, display or publishing of the information and/or content on the Site and/or its associated services and/or offerings may result in irreparable injury and damage to ONETORO TV SPN that may not be adequately compensable in money damages, and for which ONETORO TV SPN will have no adequate remedy at law. You, therefore, consent and agree that ONETORO TV SPN may obtain injunctions, orders or other equitable relief as may be reasonably necessary to ensure compliance with these Terms of Use and any Subscriber Agreement. You waive any requirement of the posting of a bond that may apply for issuance of any injunctions, orders or other equitable relief.
These Terms of Use, together with the Privacy Policy and the Subscriber Agreement, if applicable, constitute the entire agreement between ONETORO TV SPN and you, and supersede all prior and contemporaneous written or oral agreements, proposals, or communications with respect to the subject matter herein and therein between you and us. We, in our sole discretion, may amend these Terms of Use, and your use of the Site after such amendment is posted on the Site will constitute acceptance of such amendment by you. The section headings in these Terms of Use are for convenience only and must not be construed as legal advice to you. If any provision of these Terms of Use is held by a court of competent jurisdiction to be unlawful, void, invalid, or unenforceable, the remaining provisions shall remain in full force and effect.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF OUR FEE-BASED SERVICES CAREFULLY.
This Subscriber Agreement, together with our Terms of Use and Privacy Policy, govern your subscription for, use of and access to any services or offerings that ONETORO TV SPN, S.L.U. - CIF B88612676 ('ONETORO TV SPN,' 'we,' 'us,' or 'our') may offer currently or in the future on a paid or subscription basis (collectively, our 'Fee-Based Services'). By accessing a Fee-Based Service, you agree to be bound by the terms and conditions set forth in this Subscriber Agreement, the Terms of Use and our Privacy Policy. You acknowledge that you have read and agree to our Terms of Use and Privacy Policy, which are incorporated herein by reference. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS SUBSCRIBER AGREEMENT OR OUR TERMS OF USE OR PRIVACY POLICY, DO NOT SUBSCRIBE FOR OR PROCEED TO ACCESS ANY FEE-BASED SERVICE, AND YOU ARE NOT AUTHORIZED TO USE ANY FEE-BASED SERVICE.
We reserve the right, in our sole discretion, to change, modify, add, update, or remove provisions of this Subscriber Agreement, our Terms of Use, and our Privacy Policy at any time and from time to time for any reason by posting such changes in this Subscriber Agreement, the Terms of Use or the Privacy Policy, as applicable, which you can access at any time by visiting onetoro.tv.You acknowledge and agree that you shall be responsible for reviewing this Subscriber Agreement, the Terms of Use and Privacy Policy from time to time for changes, and that any such changes shall be effective when posted. By using our Fee-Based Services after we post any changes to this Subscriber Agreement, our Terms of Use or our Privacy Policy, or otherwise notify you of such changes, you are agreeing to accept and be bound by those changes. If you do not agree to any such changes, you should immediately cancel your subscription and not use our Fee-Based Services. In the event of any conflict between our Terms of Use or Privacy Policy and this Subscriber Agreement, the terms of this Subscriber Agreement will govern.
In consideration for your payment, we grant you a non-exclusive, non-transferable, limited right to access, use and display the Fee-Based Services that you purchase and/ or subscribe to, during the applicable period of your subscription, provided that you comply fully with the provisions of this Subscriber Agreement.
Non-commercial Use. Unless you have purchased a commercial subscription, your use of our Fee-Based Services shall be limited solely to your personal and non-commercial use and any other use is strictly prohibited.
Commercial Establishments. If you intend to gain any commercial benefit from the ability to access, use and display the Fee-Based Services, you are prohibited from using the Fee-Based Services except in certain instances where we explicitly offer Fee-Based Services for commercial establishments and you have purchased a commercial subscription.
You are deemed to intend to gain commercial benefit from the ability to access or use the Fee-Based Services if:
You agree that if you intend to gain any commercial benefit from the ability to access or use the Services, you are limited to subscribing to Fee-Based Services offered to commercial establishments. Commercial establishments that have purchased a commercial subscription may display Fee-Based Services at a single location. Separate subscriptions are required for each location at which a commercial establishment seeks to display Fee-Based Services.
Applicable to All Fee-Based Services. You agree not to assign, transfer or sublicense your rights as a registered user of, or subscriber to, our Fee-Based Services. You understand that only you may use your user account and password, and that your payment to our Fee-Based Services may not be shared with others. You agree to be financially responsible for all usage or activity of Fee-Based Services purchased and/or subscribed using your account.
By using our Fee-Based Services, you agree to be legally bound and to abide by this Subscriber Agreement, just as if you had signed this Subscriber Agreement. If you do not comply with this Subscriber Agreement at any time, we reserve the right to cancel or terminate your password, user account, and/or access to our Fee-Based Services. In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of our Fee-Based Services, including, but not limited to, (i) restricting the time a Fee-Based Service is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user's right to use any of our Fee-Based Services. You agree that any termination or cancellation of your access to, or use of, our Fee-Based Services may be effected without prior notice. If you do not abide by the terms of this Subscriber Agreement, you agree that we may immediately deactivate or delete your user account and all related information and/or files in your user account and/or bar any further access to such information and/or files, our Fee-Based Services and/or our other Services (as defined in our Terms of Use) or any part thereof. Further, you agree that we will not be liable to you or any third party for any termination or cancellation of your access to, or use of, our Fee-Based Services. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of service made by us pursuant to this Subscriber Agreement, or any of our policies or practices, including, without limitation, any change in content or any change in the amount or type of fees or charges associated with the Fee-Based Services, is to cancel or terminate your subscription or registered user account, as applicable.
From time to time, we may supplement this Subscriber Agreement with additional terms and conditions pertaining to specific content, activities or events ('Additional Payment Terms'). Such Additional Payment Terms may be placed on the Fee-Based Services to be viewed in connection with the specific content, activities, features or events and shall be identified as such. You understand and agree that such Additional Payment Terms are hereby incorporated by reference into this Subscriber Agreement.
Subscription Period. Your payment for our Fee-Based Services will provide you access in accordance with the period provided during sign-up ('Subscription Period').
Payment and Billing Information. You will be billed upfront for the cost of the full Subscription Period, in addition to any applicable taxes, transaction fees and other charges and fees incurred in order to access the Fee-Based Service. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, 'Payment Method') for payment and true, accurate and complete information as required by the sign up process to the Service. By submitting your Payment Method, you represent and warrant that your use of such Payment Method is authorized and that all information that you submit is true and accurate (including, without limitation, your legal name, address, telephone number, email address, credit card and/or account number and expiration date). In doing so, you also authorize charges to your Payment Method for all amounts payable by you based on the subscription/billing plan you selected, including, but not limited to, all fees and any applicable taxes and other charges. You agree to maintain and promptly update the Payment Method and any other information you provide to us to keep it accurate. You may edit your Payment Method information by accessing your user account. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
If a payment is not successfully settled, whether due to expiration, insufficient funds or otherwise, and you do not edit your Payment Method information, you remain responsible for any uncollected amounts.
Automatic Renewal. By purchasing and/or subscribing to a Fee-Based Service and providing or designating a payment method, you authorize us to charge your payment method at the start of your billing period and, where applicable, at the start of each renewal period, unless you terminate or cancel your Subscription Period in accordance with the cancellation terms of this Subscriber Agreement before the relevant renewal period begins.
Each time you are charged for your renewal, the renewal charge will be the same as the prior period's charge, unless (a) you were eligible for a discounted rate but are no longer eligible for that discounted rate, in which case your renewal charge will be in an amount equal to the then-current full term regular price for the product you subscribed to; or (b) we notify you in accordance with this Subscriber Agreement in advance at the time of sign up or prior to the beginning of the renewal period that your renewal price will be changing.
We will notify you before the end of your payment period that your payment is expiring and we will provide you with the terms and conditions that will apply. If you do not cancel your payment before the expiration of your then-current Subscription Period, your payment will be automatically renewed at the renewal price for the renewal period you were notified of.
In the event we cannot charge your account, we reserve the right to terminate your access to the Service. Automatic Renewal is not available for Fee-Based Services for commercial establishments.
Price Increases. You can find the current subscription fees and other charges for each Fee-Based Service posted on our streaming website. We reserve the right to increase charges and fees, or to institute new charges or fees at any time, upon reasonable advance notice communicated to you through a posting on our website, streaming website, or such other means as we may deem appropriate from time to time (including email). Such price increases will be applied on a prospective basis and you will be notified about the increase. You have the right to terminate this Subscriber Agreement before the relevant price increase period begins, at which time the changes will become effective.
Your User Account. You agree not to register or subscribe for more than one account, create an account on behalf of someone else, or create a false or misleading identity on any of the Fee-Based Services.
If your registration or subscription is revoked for any reason, you agree not to register or subscribe to our Fee-Based Services using another username or through any other means. If we have reason to suspect, in our sole discretion, that your account has previously been terminated, we reserve the right to terminate any new account(s) you have registered without any notice to you, or to exercise any other remedies available to us under this Subscriber Agreement or by law.
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 loss, theft, or unauthorized disclosure of your or anyone else's password or credit card information. In the event of a breach of security by you, you will remain liable for any unauthorized use of your subscription until you update your Payment Method. You are entirely responsible for any and all activities which occur under your user account.
Cancellation. You may cancel your subscription at any time (i) by accessing your user account, navigating to PayPal, and then using the cancellation feature contained therein, or (ii) by contacting our customer service via email at [email protected]. The cancellation will take effect the day after the last day of the then-current Subscription Period. If you cancel your subscription before the end of the Subscription Period, we will not refund any subscription fees already paid to us for that Subscription Period. If your subscription is subject to automatic renewal, we must receive your cancellation request no later than 11 am CET on 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 takes effect.
No Refunds. All sales are final. All payments for subscriptions are non-refundable and there are no refunds or credits for partially used periods.
Access. Except as set forth below, you will continue to have access to your subscription through the end of your then-current Subscription Period following any cancellation.
The following are the limited instances where you will no longer have access to your subscription through the end of your current Subscription Period: in the event that (i) you cancel your subscription with respect to any practice or policy of us, including our Privacy Policy, or our enforcement or application of these policies; (ii) we terminate your subscription based on your request due to such policies; or (iii) we terminate your subscription based on your misuse of the Fee-Based Services in violation of this Subscriber Agreement, including our Terms of Use and our Privacy Policy.
Upon the expiration of your subscription to the Fee-Based Services, we may deactivate your user account and all related information and/or files in your user account and/or bar any further access to such information and/or files.
The availability and use of our Fee-Based Services may be limited based on age, geographic location, commercial or non-commercial use, or other criteria as we may establish from time to time. You understand and agree we may disallow you from purchasing and/or subscribing to our Fee-Based Services or may terminate your subscription to our Fee-Based Services at any time based on these criteria.
In addition, blackout restrictions may apply to a Fee-Based Service depending on your location and local, national, and international broadcast exclusivities. You may therefore be unable to view Fee-Based Services from some locations. You agree that you will not use any Service if you are located outside of the allowable territories or in an area where blackout restrictions apply.
IF YOU CIRCUMVENT, OR ATTEMPT TO CIRCUMVENT, ANY USE RESTRICTION, YOUR SUBSCRIPTION WILL BE SUBJECT TO IMMEDIATE TERMINATION AND YOU MAY BE SUBJECT TO LEGAL ACTION.
Your system may need to meet certain minimum requirements in order for you to be able to utilize the Fee-Based Services ('Minimum System Requirements'). You are solely responsible for ensuring that your system meets the Minimum System Requirements and for any costs associated with this.
All other terms and conditions outlined in our Terms of Use and Privacy Policy apply to your subscription for, use of, and access to Fee-Based Services under this Subscriber Agreement.
