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 Alta Stream's copyright and other proprietary rights.
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.
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.
By transmitting any message or submitting creative ideas, concepts, know-how, techniques, suggestions, opinions, votes or materials (collectively, 'Submissions'), you are automatically granting Alta Stream 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 Alta Stream. 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 Alta Stream 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 Alta Stream. As is the case with solicited Submissions, the submission of any unsolicited Submission shall constitute a grant by you to Alta Stream of the Rights described above.
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 Alta Stream nor any of its affiliates, members, managers, employees, officers, directors, partners, licensors or suppliers (collectively, the 'Alta Stream 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 ALTA STREAM PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ALTA STREAM 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 ALTA STREAM 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.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ALTA STREAM 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.
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 Alta Stream 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 Alta Stream 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.
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:
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
Before initiating any Arbitration, Alta Stream 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. Alta Stream 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. Alta Stream and you shall use reasonable, good faith, efforts to settle any dispute, claim, or controversy through consultation and good faith negotiations. After 30 days, Alta Stream 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 Alta Stream any Alta Stream 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 Alta Stream 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 Alta Stream.
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'), Alta Stream 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:
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
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 Alta Stream 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.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF OUR FEE-BASED SERVICES CAREFULLY.
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.
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.
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.