Terms and Conditions

Last Updated: October 05, 2021

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL MANDATORY ARBITRATION, NO CLASS RELIEF, AND WAIVER OF YOUR RIGHT TO A JURY TRIAL. THIS DOCUMENT IS A LEGAL CONTRACT AND, BY USING THE SERVICES, YOU AGREE TO BE BOUND BY IT. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE SERVICES.

DESCRIPTION OF OTT ARENA’S SERVICES AND ACCEPTANCE OF THE TERMS OF USE
Welcome to OTT Arena, a video service operated by OTT Arena (“OTT Arena”, “we,” or “us”). OTT Arena is a taped programming and SVOD video service operated by us. This document, the “Terms of Use” or “Agreement”, describes the terms on which users (“you,” “your,” or “Users)”) are authorized to the website, OTT Arena the application(s) (“Apps)”), and the OTT Arena content provided on sites, Apps, and platforms operated by us (collectively, the “Services”), and to use videos, video clips, text, and other content provided on or through the Services, whether or not owned by OTT Arena (collectively, “Content”).
OUR CHANGES TO THE TERMS OF USE
We may change these Terms of Use at any time, so we encourage you to review the Terms of Use periodically before using the Services. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction and Arbitration sections below will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on our website and Apps. To assist you in reviewing the Terms of Use, we will make the most recent version available on our website and Apps and we will indicate at the top of the Terms of Use the most recent date when they were modified. If you continue to use the Services after we modify the Terms of Use, your use indicates your agreement to the new Terms of Use. Therefore, it is important that you read this page regularly to ensure you are familiar with the most updated Terms of Use. If you do not agree to the changes, you should not continue to use the Services.
SCOPE OF YOUR LICENSE TO USE THE SERVICES
The Service is purchased as a seasonal subscription or as access to a single piece of Content (separately, and collectively, “Paid Access”). Each Paid Access covers a single User. Subject to your ongoing compliance with this Agreement (including timely payment of all applicable fees), we grant you a non-exclusive, non-transferable right during the Term to use the Service. We will use commercially reasonable efforts to make the Service available to you and perform in accordance with this Agreement, as may be updated from time to time by OTT Arena.
This agreement does not authorize you to make a use of the Services or the Content that is designed to generate revenue, nor does it authorize you to distribute or redistribute any portion of the Services, including Content. This agreement does not authorize you to broadcast using now known and later developed, whether by open or closed system, any of the Content on the Services.
For the purpose of these Terms of Use, use of the Services is considered revenue generating if a third party is invited or required to pay money, including for a subscription, in order to access the Services or Content. Without limitation, the following practices are deemed revenue generating for the purpose of these Terms of Use:
3.1. of subscription or the requirement of any payment or consideration in exchange for access to the Services or any website that includes Content;
3.2. of the Services or Content in commercial publications, including books, newspapers, magazines, documentaries, films, news reports, news features, and similar material; and
3.3. the Services or incorporating the Services or Content into any third-party service for the purpose of developing a service that competes with us or the Services, or for the purpose of learning about the Services in anticipation of the development of such a service
By using the Services, you agree to waive any rights that you may otherwise have to use the Content in a manner that is not specifically authorized by these Terms of Use or in a separate written agreement with OTT Arena.
Because our ability to provide to you is limited by the scope of the licenses that we hold, we may restrict your ability to access certain Content in order to comply with our licenses. You agree not to attempt to defeat or avoid geographic or other access restrictions, and you agree to comply with any request by us that you specified Content.
If you wish to use the Services or Content in a manner that is prohibited by these Terms of Use, please contact us at ______________ (subject line: “CONTENT USAGE”) to discuss licensing options.
REGISTRATION
Certain features or portions of the Services may be restricted to users that have registered with us (“Restricted Areas”) and have received a username and password through which they are authorized to access these Restricted Areas. You agree not to access Restricted Areas except using your own username and password, and you agree not to share your user name and password with anyone else. If, despite your agreement not to do so, you share your username and password with another person or if another person accesses the Services using your user name and password without your permission, you agree to take full responsibility for the statements and actions of that other person, and for any damages caused by, resulting from, or accruing in connection with that other person’s use of the Services. You agree to notify us immediately, by email to ___________ (subject line: “UNAUTHORIZED REGISTRATION ISSUE”), if you become aware of any unauthorized use of your password or username, or any other breach of security, so that we may terminate access to the Services through such account. You may not transfer, sell, or otherwise assign your rights or obligations under these Terms of Use. Whenever we ask you for personal information in a registration form or elsewhere on the Services, you agree to provide truthful, accurate, current, and complete information, and to update this information anytime it changes.
You may edit the information in your My Account page to control your user profile. By providing OTT Arena your email address you consent to our or OTT Arena using your email address to send you Services-related notices, including any notices required by law, in lieu of communication by postal mail. You may not opt out of Services-related emails. We or OTT Arena may also use your email address to send you other messages, including changes to features of the Services and special offers.
The Services are designed to be of interest and service to users ages 16 and older. If you are under 16 years of age, you may use the Services only with the permission and under the supervision of your parent or guardian.
NOTICE TO PARENTS AND GUARDIANS: You may set the Parental Control in Your Account so that no content inappropriate for children under 18 is available. If you have questions about whether the Services are appropriate for your child, contact us at _________ (subject line: “OTT Arena”).
WARNING: Even if you are old enough to use the Services, some of the Content available within the Services may not be appropriate for you. Some Content may contain “R-rated” material, nudity, profanity, and mature subject matter. If you are under 18, do not view such content.
NOTIFICATION PROCEDURES
OTT Arena or OTT Arena may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, or through conspicuous posting of such notice on our website, as determined by OTT Arena in our sole discretion. OTT Arena has the right to determine the form and means of providing notifications to our users.
FEES; PAYMENT
6.1 Fees. Users will pay OTT Arena a non-refundable and non-recoupable fee (“Fees”) for the Service. The Fees may include without limitation subscription fees for the Service (“Subscription Fee”). There are no refunds of any Fees paid under this Agreement, including if User terminates its access to the Service prior to the end of the Term.
6.2 Payment Terms. Users must provide OTT Arena with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) for all payments under this Agreement. By providing OTT Arena with User’s credit card number and associated payment information, User agrees that OTT Arena is authorized to immediately invoice User for all fees and charges due and payable to OTT Arena hereunder and that no additional notice or consent is required. User agrees to immediately notify OTT Arena of any change in User’s billing address or the credit card or account used for payment hereunder. If OTT Arena is unable to process any of User’s payments under this Agreement (including due to an invalid credit card account or any rejected charges), OTT Arena will have the right, without limiting OTT Arena’s other rights and remedies, to cancel or suspend User’s access to the Service (including access to Content) until such amounts are paid in full. OTT Arena may notify User before cancelling or suspending User’s access to the Service, but has no obligation to do so.
TERM AND TERMINATION.
7.1 Term. If a User purchases the right to view a single piece of Live Content, the Term for such Content shall commence thirty (30) minutes prior to the start of such Live event and shall continue for the duration of the event and terminate thirty (30) minutes after the event concludes. If User purchases a seasonal subscription, the Term shall commence at the beginning of the season or at the time of purchase if after the beginning of the season and shall terminate on April 30, 2019.
7.2 Termination by OTT Arena. OTT Arena may terminate this Agreement and your access to the Services by written notice if you fail to pay within no more than two (2) days after written notice of non-payment (email shall suffice) any amounts owed OTT Arena Platform.
OTT Arena may terminate your access to the Services, including your use of Content, at any time for any breach of these Terms of Use by providing notification of our decision to the email address that you most recently provided to us or by notifying you by another method.
7.3 Termination by You. You may request that we terminate your access to the Services by emailing us at _______ (subject line: “OTT Arena”).
7.4 Effects of Termination. Otherwise applicable provisions of these Terms of Use, including, without limitation, the indemnification provisions included above, will survive any such termination.
PROHIBITED ACTIVITIES
In exchange for your access to the Services, you agree not to take any steps that are intended to or could damage, inhibit, or prevent operation of the Services or that could cause injury to yourself, to us, or to any third party. Without limitation, you agree not to attempt to:
modify, enhance, or otherwise alter in any way any portion of the OTT Arena Player or its underlying technology, including by disabling or modifying any portion of the Services in a manner that enables users to view Content without using the OTT Arena Player;
modify, enhance, edit or otherwise alter in any way any portion of the Content streamed via (or contained on) the OTT Arena Player except as otherwise permitted; use technology or other means to access the Services that is not authorized by OTT Arena, including accessing the Services through any automated system, including “robots,” “spiders,” or “offline readers” (other than public search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices – but not caches or archives – of the Services);
introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
damage, disable, overburden, impair, or gain unauthorized access to the Services or our servers, computer network, or user accounts;
collect information about other users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications, or for any other purpose not explicitly authorized by OTT Arena; falsify, conceal, or modify information identifying yourself or another user, including Internet Protocol header information; use our servers, networks, or other facilities for any purpose not explicitly authorized by OTT Arena, including for the transmission of messages not authorized by OTT Arena, or to interfere with or cause damage to the Services or any other service operated by us or any other party; or take any other action that we, in our exclusive discretion, believe may damage or injure you, us, or any third party;
act in a deceptive manner by, among other things, impersonating any person; misrepresent your affiliation with a person or entity, conduct fraud, hide or attempting to hide your identity;
harm or exploit minors; use any information obtained from the Services in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user;
distribute “spam”;
advertise or solicit others to purchase any product or service within the Services or otherwise use the Services for any commercial solicitation purposes;
bypass the measures we may use to prevent or restrict access to the Services; or
for testing or benchmarking purposes.
In order to protect our users from unsolicited advertising or solicitation, OTT Arena has the right to restrict the number of comments that a user may post in any 24-hour period to a number that OTT Arena deems appropriate in its sole discretion.
OTT Arena has the right, in its determination, to permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Services without notice or liability for any reason, including if in OTT Arena’s sole determination you violate any provision of these Terms of Use, or for no reason. Upon termination, you continue to be bound by these Terms of Use including, without limitation, representations and warranties, and all indemnification provisions. If OTT Arena purposefully deletes your account and/or terminates these Terms of Use, you may not use or re-purchase the Services. OTT Arena has the right to block your email address and Internet protocol address to prevent further use or registration.
OUR COLLECTION AND USE OF YOUR PERSONAL INFORMATION
For information about OTT Arena’s policies and practices regarding the collection and use of your personally identifiable information, please read OTT Arena’s Privacy Policy. The Privacy Policy is incorporated by reference and made part of these Terms of Use. Thus, by agreeing to these Terms of Use, you agree that your use of the Services is governed by the OTT Arena Privacy Policy in effect at the time of your use.
OUR INTELLECTUAL PROPERTY RIGHTS
The Services contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound. The Services are protected by copyright as a collective work under the copyright laws of the EU and other countries. Except as otherwise specified in these Terms of Use, all individual videos, photos, and other elements comprising the Services are also copyrighted works. All copyright rights in the Services and these works are owned by OTT Arena or its third-party licensors to the full extent permitted under the UE Copyright Act and all international copyright laws, and are provided for your personal and non-commercial purposes only. You must abide by all additional copyright notices or restrictions contained on the Services.
You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Content, in whole or in part.
Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of Content will be permitted without the express permission of OTT Arena and the copyright owner.
All rights in the product names, company names, trade names, logos, product packaging, and designs of all OTT Arena, or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to OTT Arena, or their respective owners, and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Services confers on you any license or right under any patent or trademark of OTT Arena or any third party.
LINKED WEBSITES AND ADVERTISING
As a convenience to users, we may provide links to third-party content, websites or services. We do not endorse, sponsor, control, or otherwise accept responsibility for this material.
You should be aware that third-party websites are not covered by these Terms of Use or our Privacy Policy, and we therefore cannot be responsible for the content or practices of any such website, even if it links to the OTT Arena site or even if the website is operated by a company affiliated or otherwise connected with OTT Arena.
DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
You understand that the Services are provided purely for your entertainment, and you agree that we will not be responsible for any damages that you claim result, directly or indirectly, from use of the Services, for any reason, including without limitation costs (other than Fees or Subscription Fees) incurred while using the Services, the inaccessibility of the Services, or the costs associated with any claims you bring or try to bring against us.
We do not guarantee that we will continue to provide the Services, that the Services will be available at any particular time or from any particular place, or that they will continue to function in the manner that they currently function. You agree that we will not have liability to you or to others for these changes to the Services.
You agree not to hold us liable for damages you claim are caused by third parties who contact you using the Services or become aware of your identity through the use of the Services, and you understand that, while such behaviour is a violation of these Terms of Use, we need not attempt to control or identify individuals who falsify their identities or provide false information to others through the use of the Services.
IN NO EVENT SHALL OTT Arena OR ITS AFFILIATES, OR EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SERVICE PROVIDERS AND SUPPLIERS (COLLECTIVELY, THE “VIEWLIFT PARTIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SERVICES (INCLUDING ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN, OBTAINED ON OR PROVIDED THROUGH THE SERVICES).
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. NEITHER THE OTT Arena PARTIES, NOR THEIR AFFILIATES OR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED BY OTT Arena.
THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, GROSS NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, EVEN IF THE CLAIM ALLEGES THAT THE VIEWLIFT PARTIES’ CONDUCT WAS WILLFUL. YOU SPECIFICALLY ACKNOWLEDGE THAT THE LUMPARTIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN NO EVENT WILL THE OTT Arena PARTIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICES, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES. YOU ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT PROVIDED ON OR THROUGH THE SERVICES. IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER THE LUMPARTIES, NOR THEIR AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS, SHALL BE LIABLE, REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE SERVICES, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES
INDEMNIFICATION
You agree to defend, indemnify and hold harmless the OTT Arena Parties, their affiliates and their respective directors, officers, employees and agents from and against any and all claims, demands, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees and costs) arising out of or accruing from (a) any breach of these terms, including any of the foregoing provisions, representations or warranties, and/or from any and all use of your account; and (b) any misrepresentation made by you in connection with your use of the online services.
SECURITY
We have implemented what we believe are the appropriate technical measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge and agree that you provide your personal information at your own risk.
SOCIAL MEDIA
Some Users may have the ability to connect certain activities with their Facebook and Twitter accounts. If you choose to connect, you may be able to take advantage of certain social features. These features will be designed to share information with others. For example, your friends may be able to see your content selection in their newsfeeds. In addition, OTT Arena has the right to personalize and otherwise enhance your user experience based on your Facebook or Twitter information, such as basic information and “Likes.” Facebook or Twitter may offer ways to manage the information you share with OTT Arena. See the Facebook or Twitter websites for details.
BY CONNECTING YOUR OTT Arena ACCOUNT TO YOUR FACEBOOK OR TWITTER ACCOUNT, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE CONSENTING TO THE CONTINUOUS RELEASE OF INFORMATION ABOUT YOU TO OTHERS, INCLUDING TO FACEBOOK OR TWITTER, IN ACCORDANCE WITH YOUR PRIVACY SETTINGS ON FACEBOOK OR TWITTER. IF YOU DO NOT WANT INFORMATION ABOUT YOU TO BE SHARED IN THIS MANNER, DO NOT LOG IN TO OTT Arena FROM FACEBOOK OR TWITTER.
MISCELLANEOUS
GOVERNING LAW AND JURISDICTION. This Agreement shall be governed by and construed in accordance with the Spanish laws applicable to contracts made and to be fully performed therein (without regard to its conflict of laws provisions). Any claim or dispute between you and OTT Arena that arises in whole or in part from the Services will be decided exclusively by a court of competent jurisdiction located in Andorra la Vella (Andorra) unless submitted to arbitration as set forth in the following paragraph.
ARBITRATION. For any claim (excluding claims for injunctive or other equitable relief) under these Terms of Use the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration will initiate the arbitration through an established alternative dispute resolution (“ADR”) provider in Andorra la Vella (Andorra) mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration will be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration; (b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties and all such personal appearances will take place in Andorra la Vella (Andorra) unless otherwise agreed to by the parties; and © any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY AGREEING TO THESE TERMS OF USE, YOU AND OTT Arena ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
ASSIGNMENT. You may not assign your rights under these Terms of Use to any third party; we may assign our rights under these Terms of Use without condition.
ENTIRE AGREEMENT. These Terms of Use constitutes the entire agreement between you and us regarding the use of these Services and supersedes any prior or contemporaneous understandings and agreements between you and us related to the subject matter hereof.
SEVERABILITY. The parties agree that each provision of these Terms of Use shall be construed as separable and divisible from every other provision and that the enforceability of any one provision shall not limit the enforceability, in whole or in part, of any other provision hereof.
NO WAIVER. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.
INTERNET ACCESS CHARGES. You are responsible for any costs you incur to access the Internet.
FEEDBACK. You further agree that OTT Arena and its affiliates are free to use for any purpose whatsoever ideas, know-how, concepts, techniques, comments, criticisms, reports, or other feedback or content posted in response to, as a supplement to, or in association with any other content available on or in connection with the online services (“Feedback”), whether oral, written or video/multimedia, that you may send to OTT Arena or its affiliates. You acknowledge and agree that you have no expectation of compensation or confidentiality of any nature, and that OTT Arena has no duties to you, with respect to such Feedback.

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