AVO TV OTT Viewer Terms of Service Agreement

 

Last updated: 9 February 2021

 

This AVO TV Viewer Terms of Service Agreement (“Agreement”) is between you and AVO TV Limited (for the purposes hereof, “AVO TV,” “we” or “us”). The Agreement governs your use of the “AVO TV Service,” an online platform that allows consumers like you to view video programs (“Programs”) from content owners and licensors (“AVO TV”) through AVO TV branded websites and applications that we power.

Notice: Section 10 of this Agreement contains a mandatory ARBITRATION AGREEMENT. By using the AVO TV Service, you agree that any claims you may have against AVO TV relating to the AVO TV Service must be ARBITRATED, and you waive the right to (1) assert claims against AVO TV in court: (2) participate in a class action; and (3) have a jury hear your case.

1. Acceptance

By creating an account, viewing videos, making a purchase, downloading AVO TV branded applications that we power, or otherwise visiting or using the AVO TV Service, you accept this Agreement and consent to contract with us electronically.

If you are an entity other than a natural person, the person who registers the account or otherwise uses the AVO TV Service must have the authority to bind the entity. In this context, “you” means both the entity and each person who is authorized to access the account.

We may update this Agreement by posting a revised version on our website. By continuing to use the AVO TV Service, you accept any revised Agreement.

You may terminate the Agreement at any time by deleting your account. We reserve the right to suspend or terminate your account for your breach of the terms hereof. If AVO TV deletes your account for breach, you may not re-register. In the event of any termination or expiration of the Agreement, the following sections will survive: Section 7 (Disclaimers), Section 8 (Limitation of Liability), Section 9 (Indemnification), Section 10 (Arbitration Agreement; Jury Waiver; Class Action Waiver), and Section 11 (General Provisions).

2. Accounts

Registration: You must create an account to use certain features we offer (e.g., to view a Program). To do so, you must provide an email address. By creating an account, you agree to receive notices from AVO TV you purchase at this email address.

Age Requirements: You may not create an account if you are younger than 18 years of age. By creating an account, you represent that you are at least 18 years of age, and, to the extent required by law, you have the permission of a parent or guardian to create an account and use the AVO TV Service.

Parents and Guardians: By granting your child permission to use the AVO TV Service through your account, you agree and understand that you are responsible for monitoring and supervising your child's usage. If you believe your child is using your account and does not have your permission, please contact us immediately so that we can disable access.

Account Security: You are responsible for all activity that occurs under your account, including unauthorized activity. You must safeguard the confidentiality of your account credentials. If you are using a computer that others have access to, you must log out of your account after each session. If you become aware of unauthorized access to your account, you must change your password and notify us immediately.

3. Privacy

Please review our Privacy Policy to learn about the information we collect from you when you use the AVO TV Service, how we use it, and with whom we share it.

4. Program Viewing and Purchase Options

AVO TV may offer the following purchase options through AVO TV branded websites and applications:

• Rental: After paying the stated fee, you may stream the Program an unlimited number of times during the stated rental period.

• Purchase: After paying the stated fee, you may stream the Program an unlimited number of times; if offered by the Producer, you may download the Program.

• Subscription: For a recurring fee, you may stream the Programs offered within a Producer’s subscription channel an unlimited number of times during your subscription period. The Producer may add or remove Programs from the channel at any time.

To make a purchase, you must provide a valid payment method. We may apply taxes, including VAT (value-added tax), to any charges. Prices and other terms of purchase are subject to change. If a Producer provides you access to a Program on a free basis, such access will be deemed a “purchase” for the purpose of this Agreement.

ALL PURCHASES, INCLUDING RECURRING CHARGES, ARE FINAL AND NON-REFUNDABLE.

Free trials and Discounts: AVO TV may offer free-trial or discounted subscriptions. When a free-trial period ends, your paid subscription begins (unless you have cancelled) and you must pay the full monthly or annual fee. If AVO TV provides a discount for the first subscription period, you must pay the discounted fee; in any renewal, you must pay the full fee.

Automatic Renewal: To the extent permitted by applicable law, subscriptions automatically renew for the subscription period until you cancel. Your payment method will be charged at the beginning of each subscription period. If a Purchaser offers a free-trial period, your payment method will be charged at the end of the free-trial period unless you cancel before the end of that period.

How to Decline Renewal: To pause or cancel a subscription, visit your account settings. Your changes will be applied to your next subscription period.

In-App Purchase: AVO TV may allow you to purchase subscriptions within apps you download. When you make such “in-app” purchases, you will be billed by the app platform, not us. To turn off automatic renewal for subscriptions, access your platform’s account settings (not AVO TV’s). Any billing inquiries should be directed to the app platform.

5. Licenses and Intellectual Property

License to Programs: Subject to the terms hereof, you have the right to stream and/or (if offered) download for your personal entertainment purposes: (i) Programs that you have rented during the stated rental period; (ii) Programs that you have purchased; and (iii) Programs made available within the AVO TV channel that you have subscribed to during your subscription period.

Restrictions: You may not resell streams or downloads, use any Program for any commercial purpose, redistribute or retransmit any Program, publicly perform or display any Program, or make derivative works from any Program. All rights not expressly granted herein are reserved by the applicable Producer.

AVO TV Service: Subject to the terms hereof, AVO TV grants you permission to use the AVO TV Service for the sole purpose of viewing Programs for your personal entertainment. All rights not expressly granted by AVO TV are reserved.

AVO TV Apps: If you download an AVO TV application that we power (an “app”) that operates on a third-party platform (e.g., iOS, Roku): (i) you have the right to use such app for your personal, non-commercial use on devices permitted by the platform operator; (ii) as between AVO TV and the platform operator (but without creating any obligation by AVO TV), AVO TV shall be responsible for the apps and their content and providing any warranty, support, or indemnification with respect to such apps as required by law; and (iii) the platform operator shall have the right to enforce the terms of this clause with respect to your use of the app.

Your Content; Feedback: To the extent that you submit any content to AVO TV (i.e. in your profile, a comment, or forum), you grant AVO TV an irrevocable, worldwide, non-exclusive, royalty-free, perpetual right and license to use, copy, adapt, transmit, distribute, license, and publicly perform and display such content in all media for any purpose whatsoever. Any content submitted must comply with the Acceptable Use Policy set forth in Section 6. If you make suggestions to I AVO TV on improving our products or services, AVO TV may use your suggestions without any compensation to you.

6. Acceptable Use Policy

We may allow you to upload, submit, or publish (collectively, to "submit") content such as images, comments and text (collectively, "content"). You must ensure that your content, and your conduct, complies with the Acceptable Use Policy set forth in this Section 6. AVO TV may (but is not obligated to) monitor your account, content, and conduct, regardless of your privacy settings. AVO TV may take all appropriate actions to enforce this Acceptable Use Policy including removing specific videos or suspending or removing your account.

6.1 Copyright Policy

Copyright owners may send AVO TV a takedown notice as stated in our Copyright Policy if they believe AVO TV is hosting infringing materials. We will, in appropriate circumstances, terminate the accounts of persons who repeatedly infringe.

6.2 Code of Conduct

In using the AVO TV Service, you may not:

• Use an offensive screen name (e.g., explicit language) or avatar (e.g., containing nudity);

• Act in a deceptive manner or impersonate any person or organization;

• Harass or stalk any person;

• Harm or exploit minors;

• Distribute “spam” in any form or use misleading metadata;

• Collect personal information about others;

• Access another’s account without permission;

• Engage in any unlawful activity; or

• Cause or encourage others to do any of the above.

6.3 Prohibited Technical Measures

You will not:

• Except as authorized by law or as permitted by us: scrape, reproduce, redistribute, create derivative works from, decompile, reverse engineer, alter, archive, or disassemble any part of the AVO TV Service; or attempt to circumvent any of our security, rate-limiting, filtering, or digital rights management measures;

• Submit any malicious program, script, or code;

• Submit an unreasonable number of requests to our servers; or

• Take any other actions to manipulate, interfere with, or damage the AVO TV OTT Service.

7. Disclaimers

YOUR USE OF THE AVO TV SERVICE AND ANY PROGRAM IS AT YOUR OWN RISK. AVO TV PROVIDES THE AVO TV SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. AVO TV PROVIDES PROGRAMS ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. AVO TV AND EACH PRODUCER DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Without limiting the above, AVO TV makes no representations or warranties concerning:

• The availability of the AVO TV Service in a particular jurisdiction.

• The availability of the AVO TV Service for any particular device, operating system, or browser.

• The continued support for a particular feature of the AVO TV Service.

• The viewing quality of any Program. AVO TV does not guarantee that you will be able to use the AVO TV Service at all times, or view any Program uninterrupted, error-free or displayed at any particular resolution. The quality of your viewing experience depends on a number of factors, including your viewing device and the quality of your Internet connection.

• The content of any Program or the suitability of any Program for any audience. All opinions and statements expressed by or in Programs (or related materials) are those of the Producer and/or persons involved in the production of the Program, not AVO TV.

• The continued availability of any Program or the availability of particular Program within a subscription channel. Programs may be withdrawn at any time without notice.

• Any Producer’s actions or omissions with respect to your personal information.

AVO TV may provide links to other Producer websites or third-party websites. AVO TV is not responsible for the content of, or any interactions or transactions that may take place on or through, any such website.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AVO TV, ITS PARENT, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND PARTNERS (INCLUDING AVO TV) SHALL NOT BE LIABLE FOR (I) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES; (II) DAMAGES RELATING TO ANY DISPUTE BETWEEN YOU AND A PRODUCER OR OTHER AVO TV USER; OR (III) DAMAGES EXCEEDING THE GREATER OF USD $100 OR THE AMOUNTS PAID BY YOU TO AVO TV OVER THE 12 MONTHS PRECEDING THE FILING OF YOUR CLAIM.

The foregoing limitations apply to all claims, whether based on warranty, contract, tort, or any other legal theory, whether or not AVO TV has been informed of the possibility of such damage, and whether a remedy set forth herein is found to have failed its essential purpose. Some jurisdictions may not allow the exclusion of certain warranties or the exclusion or limitation of liability as set forth above, so these limitations above may not apply to you.

9. Indemnification

You shall indemnify, defend, and hold harmless AVO TV and its parent, directors, officers, employees, representatives, consultants, agents, suppliers, and partners (including AVO TV) from any liability, claim, demand, damages, losses, and costs (including attorneys’ fees) arising from: (i) your unauthorized use of any Program; (ii) your breach of this Agreement or violation of any law or third-party right; or (iii) any content that you upload or submit to us.

10. General Provisions

Choice of Law: Any disputes relating to this Agreement or your use of the AVO TV OTT Service will be governed by the laws of the United Kingdom.

No Waiver: The failure of AVO TV to exercise or enforce any term of this Agreement will not constitute a waiver of such term.

Provisions Severable: If any term of this Agreement is held invalid or unenforceable, that term will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining terms will remain in full force and effect.

No Third Parties: No third parties shall have any rights under this Agreement, except that AVO TV may enforce the terms herein against you, and indemnified parties may enforce indemnification rights.

Force Majeure: Neither AVO TV nor any Producer shall be liable for any failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; natural disasters; wars; civil or military disturbances; sabotage; strikes; epidemics; riots; power failures; computer failure; loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labour disputes, acts of civil or military authority; governmental actions; or inability to obtain labour, material, equipment or transportation.

Entire Agreement: This Agreement incorporates by reference the AVO TV OTT Privacy Policy. Except for links to this document, links to pages on the AVO TV website or any third party materials are for convenience only and do not form part of this Agreement.

This Agreement sets forth the entire understanding between you and AVO TV concerning your use of the AVO TV Service and supersedes all prior agreements regarding the same. This Agreement may only be modified by us. Any changes will be posted to the AVO TV website and will apply prospectively.

Contact Us: If you have any support questions, please contact us at info@avo.tv. You must send any notices of a legal nature to us at:

 

AVO TV

Attention: Legal Department

Normandy Business Park

Cobbett Hill Road

Guildford

Surrey

GU2 3AA

info@avo.tv