TERMS AND CONDITIONS
WARNING: If you are reading this and you are underage, please tell your father, mother or legal guardian so you can read this text together. It is very important to understand these conditions before you start using the platform.
This platform belongs to THE CONTENT BOX. You may contact us by writing to the address mentioned above, to the following e-mail address: firstname.lastname@example.org
These conditions (hereinafter, 'Conditions of Use') regulate the access and use of the audiovisual platform known as SLOW CHANNEL (hereinafter, the platform will be referred to as either SLOW CHANNEL or the Platform), owned by TBC, including the contents and the services offered via this platform (the 'SERVICE').
The Service is a digital entertainment service that offers, recommends and allows Users (as they are described below) to enjoy various types of audiovisual content (jointly, the Content) as well as other services included in these Conditions of Use. As part of our service, we personalize the content and available functions, which include showing the users our recommendations on Content, features and services they may like. Likewise, we do our best to ensure the constant improvement of SLOW CHANNEL services and the experience of our users.
Use of the Service grants the person accessing the platform the category of USER and implies the acceptance and fulfillment of these Conditions of Use, as well as any other terms that may apply to a particular section or service. Users are therefore advised to read these Conditions of Use carefully before they start using the SLOW CHANNEL Service. They are also advised to review these conditions regularly, as they may change from time to time. Should the User be underage of disagree with these terms, they must refrain from using SLOW CHANNEL.
2. - USE OF THE PLATFORM
2.1. General rules: Access and use of SLOW CHANNEL occurs under the user's responsibility. The user commits to using the services and contents included in SLOW CHANNEL appropriately and responsibly at all times. SLOW CHANNEL is available for the personal use of the Users, so any commercial use of the aforementioned is prohibited, except when there is express authorization from ACRISOUND. In particular, the User commits to refraining from activities that are illicit, illegal or contrary to good faith and public order. Likewise, the User shall not behave in any way that might harm the image and the rights of SLOW CHANNEL or third parties, or prevent the normal use of SLOW CHANNEL in any way.
2.2. Compatible devices: In order to play the content, the User will need to use a personal computer, a portable multimedia player or any other device that matches the requirements and the compatibility that THE CONTENT BOX establishes at any given time (a 'Compatible Device'). Only certain Compatible Devices may be suitable to play the Content. DPG may change the requirements concerning Compatible Devices and, in some cases, a device may be (or continue to be) a Compatible Device depending on the software or the systems provided or maintained by the device manufacturer or other third parties. Therefore, some devices that may be Compatible Devices at a given time might cease to be so in the future.
2.3. Registration: Registration may be necessary to access SLOW CHANNEL, its sections or some of its services and contents.
Should the User wish to register, they shall commit to providing truthful, accurate, current and precise data. Should THE CONTENT BOX consider, at its sole discretion, that the data provided are not correct, up-to-date or precise, it reserves the right to prevent the User from accessing the platform or any or its services, and to cancel or suspend the account.
Users are solely responsible for ensuring the confidentiality and privacy of their User name(s), password(s) and account, and of the activities related to those accounts. In particular, the User commits to implementing preventive measures to avoid unauthorized access to their account by third parties. Among other measures, the User commits to exiting their account correctly once a session is over. Also, the user shall immediately inform The Content Box in the event of any fraudulent use of their name, password and account. The Content box may cancel or discontinue an account to protect the User, The Content Box or its partners against identity theft or any other fraudulent activity.
3: ON SLOW CHANNEL CONTENT
3.1. General: The service shall allow Users: (i) to access Content through a subscription and visualize it for a limited period of time during the subscription period (Subscription Content), (ii) rent content for its viewing on demand during a limited period of time (Rented Content) and/or (iii) access the content free of charge, as a promotion or with advertisements to be viewed during a limited period of time (Free Content). Content may be available as Subscription Content, Rented Content, Free Content or any combination thereof, and shall in all cases be subject to the limited license granted below.
3.2. Rules of Use. Use of the content shall be subject to the Conditions of Use. The Conditions of Use provide important information; including the period of time the users shall be able to view the different kinds of Content (the Viewing Period) and the limitations regarding the number and types of Compatible Devices that can be used for streaming and viewing each kind of Content.
3.3. Limited Content License. Subject to the payment of any charges for renting, purchasing or accessing the Content and the fulfillment of all the terms in these Conditions of Use on the part of the Users, THE CONTENT BOX grants the Users a non-exclusive, non-transferrable, non-sublicensable and limited license during the VIewing Period that applies to accessing and viewing the Content according to the Rules of Use, for personal, non-commercial and private purposes. THE CONTENT BOX may eliminate Content in the Devices automatically once the Viewing Period is over.
3.4. Visual Quality; Streaming. The visual resolution and the quality of the Contents that the Users shall receive shall depend of different factors, including the types of Compatible Device used to access the Content, and the bandwidth, which may increase or decrease during viewing. Should THE CONTENT BOX detect that the Content streamed is interrupted or does not play well due to bandwidth limitations or other factors, it might reduce the resolution and the size of the Content file being streamed, in an effort to provide an interrupted viewing experience. Although THE CONTENT BOX endeavors to provide a high-quality viewing experience, it does not offer any guarantees as to the resolution or the quality of the Content during its streaming, even if an extra sum has been paid to access high definition, ultra-high definition or wide and dynamic range content.
3.5. General Restrictions. Users shall not: (i) transfer, copy or exhibit the Content, except as authorized by the Conditions of Use, (ii) sell, purchase, rent, distribute or broadcast any rights to the Content, (iii) remove any labels or property notices from the content, (iv) try to deactivate, avoid, modify, sabotage or elude in any way the digital rights management systems or any other content protection systems used as part of the Service; (v) sell, rent, purchase, or share their access information with other parties (user name and password); or (vi) use the Service or the Content for commercial or illegal purposes.
3.6. Promotional Trials. On occasion, THE CONTENT BOX shall offer clients who meet certain requirements different trials or other promotional subscriptions, all of them subject to these Conditions of Use, except any promotional offers stating otherwise. THE CONTENT BOX reserves the right to determine, at its own discretion, whether a User is illegible or not. Members receiving a trial shall be able to opt at any given time (through 'My Account”) not to continue as paid-subscription members when the trial period is over.
4. –FEES. PAYMENT METHODS:
4.1. Service payments will be made according to the pricing information available at any given time on www.slowchannel.tv or, otherwise, according to the fees charged by third parties as stated in the agreement between the User and said third parties.
(a) Promotions and subscription prizes, subscription services, the scope of available Subscription Content and the specific titles available via the subscription may change over time and according to user location without prior notice (except when applicable legislation requires otherwise). Unless stated otherwise, any change in pricing shall apply as from the start of the following subscription period. In case of disagreement with the changes made in their subscription, Users may cancel it according to provisions set forth in the same clause. The subscription fee may include VAT and/or any other applicable tax. When applicable, said taxes shall be collected by the party you chose in the agreement to access the Service; those parties may be either THE CONTEXT BOX or a third party. THE CONTENT BOX does not guarantee the availability of any specific Subscription Content or a minimum of available Subscription Content for any subscription.
The subscription fee and any other charges associated with the use of the related services shall be billed monthly and in advance and shall be charged pursuant to the Method of Payment chosen by the User on the day corresponding to the start of the subscription period. ('Renewal Day'). The billing date may change in certain cases; for example, if the Method of Payment has been wrongly configured or if the subscription starts on a date that is non-existent in a certain month. To check the next payment date, the User may access the website and click on the 'Billing Information' link on the 'My Account' page. Contents that have been purchased individually for their viewing shall be billed individually and payment by the user will be made via any of the authorized methods. If Content is purchased to via an application store, Users shall need to check and pay through the account associated to said app store.
(b) Subscription cancellation: Users who have registered for memberships or subscriptions directly through THE CONTENT BOX may cancel them at any given time via 'My Account' by changing their subscription settings or, if the subscription service applicable to THE CONTENT BOX is paid through a third party, via the account with said third party. THE CONTENT BOX may charge Users for the cost of the Service used until the moment they request the cancellation.
No subscription fee paid in advance during the corresponding period shall be refunded, and the User is entitled to continue using the Service until the end of said period.
4.1.2. Purchase and Rent operations. Cancellation. With the exception of what is stated in this section, all operations regarding Purchased Content and Rented Content shall be considered binding, and no refunds of said Content shall be accepted. The release date of the Content requested in advance may be subject to change. If the Content purchased by the User as part of a SLOW CHANNEL membership or subscription is paid by a third party, applicable refund conditions shall be those established by said third party.
4.2. Methods of Payment. If the User registers for a membership or subscription via SLOW CHANNEL and said membership or subscription is billed by THE CONTENT BOX, the following billing terms shall be applicable to their membership or subscription.
Should THE CONTENT BOX be unable to receive payment via the method of payment chosen by the User, it reserves the right to use any other method of payment stated on their records for said User.
Should the user be granted a free Subscription, no payment shall be made during the period of the free Subscription. The first payment shall be made on the first day after the expiration date of the free Subscription (so long as the User has not cancelled the agreement before the expiration day of the free Subscription) and from then on, on each Renewal Day, which will be the same day on each of the following months. On occasion, the Day might change, for instance, if the User signed up for the service on a day of the month that does not exist for some of the following months.
UNLESS THE USER INFORMS DPG IN ADVANCE ABOUT A CHARGE THEY WISH TO CANCEL OR NOT RENEW AUTOMATICALLY, THE USER UNDERSTANDS THAT THEIR SUBSCRIPTION WILL BE RENEWED AUTOMATICALLY AND AUTHORIZES DPG (WITHOUT NOTICE TO THE USER, EXCEPT WHEN APPLICABLE LAWS SHOULD SO REQUIRE) TO COLLECT THE PERIOD SUBSCRIPTION FEE APPLICABLE AT THAT MOMENT, INCLUDING ANY TAXES, THROUGH ANY METHODS OF PAYMENT STATED ON THEIR RECORDS FOR SAID USER.
THE CONTENT BOX may discontinue access to the account if the subscription fee has not been paid by the Renewal Date. Access to the account shall be resumed when the payment is made, but the User shall not receive any refunds for the time the account has been discontinued. A resumed account shall keep the Renewal Date existing prior to its discontinuation. Should a payment be late, THE BOX shall also be entitled to charge interest on payments in arrears, according to applicable law, legal claims fees and, as the case may be, applicable collection fees.
Should the user have registered their membership or subscription via a third party and said membership or subscription is not billed directly by THE CONTENT BOX, the billing terms set by the third party shall be applicable to the User’s membership or subscription.
As to the cases of Purchase Operations and/or Content rental, these shall be billed and charged pursuant to the chosen Method of Payment before viewing. Should the User who buying and/or renting Content also have a Subscription, the charges for the Rented Content may be billed together with the Subscription billing.
5.- DATA PROTECTION:
6. - INTELECTUAL PROPERTY OF CONTENTS AND INFORMATION:
The contents in SLOW CHANNEL are protected by intellectual and industrial property laws, international treaties applicable in each territory and other norms that may be applicable as the case may be. All the information SLOW CHANNEL contains is the intellectual property of THE CONTENT BOX or its subsidiary companies and or associates and/or its assignors or assignees. All logos, characters, animations, scripts, information, names and elements related to said contents are the sole and exclusive property of THE CONTENT BOX or its subsidiary or associated companies and/or its assignors or assignees.
Subject to the fulfillment of these Conditions of Use on the part of the User, THE CONTENT BOX or its content providers grant a limited, non-exclusive, non-transferrable and non-sublicensable license.
Using the information and/or the contents included in SLOW CHANNEL for commercial or public purposes is strictly forbidden. It is also strictly forbidden to publicly play, broadcast, distribute, provide, alter, fix, sell, auction, rent, lend, grant, commercialize, trade or use any texts, graphics, photos, visual or audio content, stills or any other content belonging to SLOW CHANNEL for any purpose, via the forms, means or technology known and developed at present or that may be created in the future, including the use of any of the aforementioned contents on any other platform and/or website and/or network, without the prior written consent of THE CONTENT BOX; with the exception of any actions necessary for the operation and normal use of the platform by the Users.
It is strictly forbidden to play, duplicate, copy, sell, resell or in any other way exploit SLOW CHANNEL or its contents for commercial purposes without the prior, express and written consent of THE CONTENT BOX.
ACRISOUND and its licensors, suppliers, editors, rights holders or other suppliers reserve any right that is not expressly included in these Conditions of Use.
7: USER RESPONSBILITY
8. – LIMITACION OF LIABILITY. FORCE MAJEURE.
Under no circumstances shall the total liability of ACRISOUND or its Content suppliers as regards a User for liquidated damages arising out of their use of the Service, the Content or information, materials or products included in the service, or made available to the User through it, exceed the amount paid by said user in the last twelve (12) months to purchase, rent or view the Content subject to the liquidated damages claim. The limitations of this clause shall apply even when available recourse should be used for purposes other than its main object.
THE CONTENT BOX shall not be accountable for any indirect, consequential, punitive, incidental, exemplary or similar damages that arise from or are related to the use or the impossibility to use the Service, the Content or its functions, regardless of whether THE CONTENT BOX is warned about the possibility of said damage, or of whether this damage was foreseeable in any other way, notwithstanding the theory or the legal grounds of said claim.
Certain jurisdictions, including some jurisdictions in the European Union, do not allow the exclusion of implicit guarantees or the limitation or exclusion of liability arising from certain liquidated damages. Should such legal provisions apply in the jurisdiction of a user, all or some of the aforestated disclaimers, exclusions or limitations may cease to apply, and additional rights may be in order.
THE CONTENT BOX shall be exempted from any interruption, omission or delay in Service delivery and/or the availability of the Content if said interruption, omission or delay is caused by a Force Majeure Event. For the purposes of these Conditions of Use, a 'Force Majeure Event' means any circumstance or event beyond the reasonable control of THE CONTENT BOX or its associates, including: any incidental cause, accident, explosion, fire, frost, earthquake, lightning, tornado, hurricane or any other severe weather condition or catastrophe; any social disturbance, any labor conflict, any sabotage, piracy, software threat or act of terrorism; any act by a public enemy, upheaval, civil conflict, war or rebellion; any epidemic or disease outbreak; or any action or restriction due to a court order or any other order by a public or government entity or legitimately established civil authorities.
9. – RIGHTS VIOLATION NOTICE
Should you consider that any of your rights have been violated, please send an e-mail to email@example.com providing specific information about the alleged violation of your rights, including and without limitation, contact information, identification of the allegedly infringing content, an affidavit on the veracity of the reported issues, as well as the attached documentation that certifies you are the holder of the allegedly infringed rights.
Once notification is received, THE CONTENT BOX may, but shall not be obliged to, undertake different courses of action, which may include the suppression of the information or content at issue; that shall not imply the admission of any liabilities, and notwithstanding any rights, actions or defense that may correspond to THE CONTENT BOX, all of which are expressly reserved. Also, sending said notification implies the authorization on the part of the sender to use the data and the information included in it. The aforementioned includes the right of THE CONTENT BOX to forward your notification to the parties that have facilitated the allegedly infringing content: You commit to exonerating THE CONTENT BOX from liability regarding any claim filed by other parties to THE CONTEXT BOX arising from or related to the presentation of the alleged infringement.
10. - MODIFICATION
THE CONTENT BOX reserves the right to change, alter, add or eliminate parts of these Conditions of use as it sees fit at any given time.
Any modification shall apply immediately and automatically as from the publication of the changes on www.slowchannel.tv.
THE CONTENT BOX may terminate access to SLOW CHANNEL without stating a reason and without prior notice. Once the SLOW CHANNEL operation is over, the User agrees to cease using it and to destroy all the contents they have obtained through it and any copies they might have, regardless of whether they are regulated by the Conditions of Use.
12. – GENERAL PROVISIONS
12.1. Clause Independence: Should any of the terms that make up the Conditions of Use be declared null, illicit or non-applicable, said provision will be considered as non-stated and this will not encumber the applicability and validity of the rest of the provisions.
12.2. Renunciation: Any renunciation on the part of THE CONTENT BOX to the application of any of these provisions may not be interpreted as a total renunciation to the Conditions of Use or to any of its provisions on the part of THE CONTENT BOX.
12.3. Reservation of rights; renunciation: The Service, the Software and the Content include intellectual and industrial property protected by law. The intellectual property right holders of the Content are the external beneficiaries as stated in these Conditions.
12.4. Termination: THE CONTENT BOX may terminate the User's access to the service, including any subscription available as part of it, at its absolute discretion and without prior notice (unless otherwise required by applicable legislation). Should that be the case, it would offer the concerned user a prorated refund of their subscription fee (when applicable); nevertheless, in case of infringement of any of the terms of these Conditions, any User's rights that arise from them shall end automatically without prior notice, and the CONTENT BOX may, at its absolute discretion, revoke access to the Service and Content immediately, without any refund whatsoever.
12.6. Service Modification: THE CONTENT BOX reserves the right to modify, discontinue or interrupt the Service, or any part of it, at any time and without prior notice (except when applicable legislation requires otherwise), and it may not be considered responsible to the Users should those rights be exercised, even if the capacity of the Users to use the Content should be affected by the change.
13. – APPLICABLE LAW AND JURISDICTION:
These Conditions of Use are governed by the laws of Uruguay and shall be interpreted in accordance with them.
Any controversy that may arise from the Conditions of Use shall be subject to the jurisdiction of the ordinary courts of the Community of Montevideo. Users expressly waive the jurisdiction of any other courts which may correspond to them; therefore, any legal action or claim they present shall be filed before the courts and tribunals of Uruguay.