1 - OBJECT AND SCOPE OF APPLICATION
The purpose of these General Conditions is to regulate the relationship between ConsciousTV, hereinafter referred to as "THE COMPANY" and you (hereinafter referred to as the user), in relation to all transactions carried out through the website www.conscious-tv.com (hereinafter referred to as the website), a domain owned by the user, with registered office at 1101 Brickell Ave, South Tower Flr 8, Miami, Fl 33131. [email protected]
Likewise, the on-line contracting of the services offered by THE COMPANY through this website shall be subject to the provisions of the website's legal notice. In the event of a conflict between this and the present General Conditions, the latter shall always and in all cases prevail.
2 - DESCRIPTION OF THE SERVICE
The service or platform allows access to an extensive catalogue of digital content ("Digital Content"), organized in different sections, for the user to enjoy in a personalized manner and according to his or her choice, in accordance with these Conditions and the contractual terms.
Periodically, THE COMPANY may add or replace new modalities and/or functionalities to the Service as well as new sections or packages of contents in the different contracting modalities which, in any case, shall also be subject to these conditions.
By way of illustration and not limitation, the service includes
• The rental, sale or free distribution of the Digital Content, available for a determined period of time, for the personal, domestic and non-profit use of the user.
• Access to the same via video streaming, by downloading or by both means, as indicated for each content.
• The availability of the Digital Contents in high resolution (HD with certain connectors and not on PCs) or standard resolution (SD), as indicated in each case.
• The hosting and provision of the Digital Content through the user's account.
The service allows you: (i) pay a price, by way of rental, to view a Digital Content an unlimited number of times during a limited period of time, (ii) pay a purchase price to store the Digital Content on THE WEBSITE and view it an unlimited number of times, and/or (iii) pay a set price and download the Digital Content onto your PC from the time of purchase and have it available indefinitely ("Purchase").
Likewise, THE COMPANY may offer additional and interactive services of information, classification, recommendation, comments, chats and discussions, blogs, forums and other means of communication regarding the service.
Some Digital Content is available for a limited time indicated for this purpose. THE COMPANY reserves the right at all times to withdraw one or more Digital Content from its catalogue without prior notice. The content already purchased/rented will continue to be available in your personal space and/or available for downloading under the terms and conditions of the time of purchase and/or rental.
Registration at [email protected] is not permitted to minors, therefore, by accepting these conditions, the user guarantees that he/she is of legal age and is fully responsible for this declaration.
3 - USER REGISTRATION
In order to access the service, it is necessary to register as a user, by registering online at [email protected] providing the requested data and accepting these conditions and any other legal notices.
When registering, the user will receive a welcome email to the website in the email account he/she has communicated to [email protected] for communication purposes.
You will provide accurate and complete information at all times when you register and during your use of the service, and you agree to update this information to keep it accurate and complete. You agree that THE COMPANY may store and use this information for the maintenance and billing of the service provided.
All notices, modifications and communications by THE COMPANY to the user shall be deemed effective for all purposes when made by sending an email to the main letterbox provided by the user.
In order to use and contract the service in any of its modalities (rent/purchase/subscription), the user must use the user code (login or ID) and the password that he or she chooses at the time of registration as a user (hereinafter, the "passwords"). The user agrees not to reveal his account information or passwords to third parties. The user is solely responsible for maintaining the confidentiality and security of their account, and for all activities that occur through their account, and agrees to immediately notify THE COMPANY of any security breach in their account. THE COMPANY shall not be liable for any loss arising from the unauthorized use of your account.
THE COMPANY reserves the right to modify, suspend or revoke the passwords initially chosen by the user, due to consequences derived from the service, proceeding in all cases to notify the user.
The user may cancel their subscription to the service or renew it at any time by contacting THE COMPANY by the means set out below. Such cancellation shall be effective for all services provided after such notification.
The contracting and use of the service is limited to Spanish territory and Latin America. THE COMPANY reserves the right to apply the necessary technologies to ensure that the contracting and use of the service by the user is carried out exclusively within the indicated territory.
4 - AUTHORISED CONNECTION DEVICES
To be able to receive or download Digital Content from the Service and to view it, it is a condition of access to the Service that you use a personal computer, portable media player, web browser, portable device, or television connected to a set top box or other device that (i) meets the minimum system requirements that the Service may establish from time to time and (ii) is compatible with the digital rights management system for the digital content to which you have access in the Service (each such product, an "Authorized Device").
THE COMPANY may limit user access by a maximum number of Authorized Devices. An Authorized Device must be linked to one user account (and only one). The technology incorporated in each authorized device (software/firmware) must be up to date at all times, as described on the Website; otherwise, access to and display of the Digital Content may be affected.
5 - PRICES, METHOD OF PAYMENT and DELIVERY
The prices applicable to each product are those indicated on the website on the date of the order, all of which include Value Added Tax (hereinafter, VAT). However, in accordance with the provisions of Law 37/19992, of 28 December, which regulates this tax, the operation may be exempt or not subject to it depending on the country of residence of the buyer and the condition in which he acts (businessman / professional or individual). Consequently, in some cases the final price of the Digital Content may be altered with respect to that shown on the website.
The offers will be duly marked and identified as such, conveniently indicating the previous price and the price of the offer.
THE COMPANY reserves the right to make the modifications it considers appropriate on the website at any time and without prior notice, and may update Digital Content and services according to the market.
5.2. Method of payment
·Purchases/rents/subscriptions will be paid for by the system:
·Card (Visa, Master Card or American Express)
In addition, the user expressly authorizes THE COMPANY or the company it subcontracts to keep his/her credit/debit card details, so that he/she can formalize future purchases/rentals by inserting his/her particular code in order to facilitate future purchases/rentals. In this case the credit/debit card details may be modified by the user at any time.
Users who have used any of the promotional coupons that we offer in order to enjoy a trial period of the platform's content must take into account that after the promotional period has expired they will be charged the premium monthly plan fee, i.e. after the promotional period the subscription will be renewed unless the user himself cancels the subscription through the channels enabled for this purpose.
5.3. Making available
The user will be able to access the Digital Content acquired/rented/subscribed from the very moment of payment. It is regulated in the particular conditions that later on detail the requirements and conditions of each service.
We inform you that, in accordance with Art. 45 of Law 7/1996, on the Regulation of Retail Trade, the services and products offered on the Website are not subject to the right of withdrawal.
6 - SERVICE LEVEL
THE COMPANY will make the necessary efforts to keep the service operational. However, technical or maintenance problems may cause occasional interruptions.
It must be taken into account that the availability and quality of the service may vary depending on various factors, such as the device being used, the geographical location of the user, the available bandwidth and/or the speed of the Internet connection, and it will therefore be the responsibility of the user to ensure that the systems and infrastructure available to him/her are adequate and necessary for the correct reception of the service, as well as the configuration of the same.
THE COMPANY may suspend the service temporarily for maintenance or updating work or for technical reasons, always endeavoring to carry out such work as quickly as possible, without the user having any right to compensation.
7 - SPECIAL CONDITIONS FOR CONTRACTING CONTENT (RENTAL AND PURCHASE)
The user will always and in any case, prior to the start of the procedure for contracting the Digital Contents, have access to these contracting conditions, which may be stored and/or reproduced on a durable support or via the web.
The user must follow the instructions given on the platform or provided by the service through the devices authorized for the purchase or rental of a Digital Content. Once contracted in any of the service modalities (rental or purchase of Digital Content), the user will see a confirmation page.
The user may access the digital content that THE COMPANY makes available by any of the following methods:
7.1. Digital Content Rental
With the payment of the stipulated amount, THE COMPANY grants the user a non-exclusive and non-transferable license to (i) view by means of online streaming a temporary copy of the content; and (ii) view, use and display privately, for non-commercial purposes, for private use, the digital rental content acquired by the user, by means of a device connected to the Internet and which has been authorized by the user within the range of authorized devices permitted by the platform (for reference, 4 devices). Unless explicitly stated otherwise, the license for this digital rental content is limited to forty-eight (48) hours from the start of its reproduction. THE COMPANY may automatically delete from the user's device any Digital Rental Content that is beyond its license period.
7.2. Digital Purchase Content
Upon payment of the stipulated amount, THE COMPANY grants the user a non-exclusive and non-transferable license to (i) view a permanent copy of the content via online streaming; (ii) view, use and display privately, for non-commercial purposes, for private use, the digital rental content acquired by the user, by means of a device connected to the Internet and which has been authorized by the user within the range of authorized devices permitted by the platform (for reference, 4 devices) ; and (iii) download the file of the title acquired to a PC or laptop for offline viewing.
In consideration for contracting the Digital Content, the user shall be obliged to pay the price established for the same, plus any applicable taxes, all in accordance with the rates in force for the Service at any given time, including those cases in which the user may benefit from any of the promotions that may exist on the website at the time of contracting the same.
The price of each purchase/rental must be paid by the user using the payment methods specified above. The service may incorporate new payment methods in the future.
Within 48 hours of your rental or purchase, the service will send the user via email the proof of payment or invoice for the contracted Digital Content. The receipt and these conditions may be archived and printed. The user has the option of having it available on paper by printing the file containing it, and thus obtain the written justification of the contract made.
If necessary, insofar as the platform can incorporate new modalities and functionalities, the user will have the possibility of subscribing and/or contracting various modalities/contents, each of which will have an established price, which will be communicated through publication on the website for possible subscription/contracting by users.
8 - SPECIAL CONDITIONS FOR CONTRACTING CONTENT (SUBSCRIPTION)
When THE COMPANY incorporates this modality, the user will be able to contract certain Digital Contents in a subscription model, by means of which, through the payment of a monthly fee, he/she will be able to access the Digital Contents that correspond to him/her for the contracted subscription. The details and methods of subscription will be contracted by the user at the time of the offer and in the conditions and with the possibilities of access that may be consulted in his account.
In consideration for contracting the Digital Content, the user shall be obliged to pay the price established for the same, plus any applicable taxes, all in accordance with the rates in force for the service at any given time, including those cases in which the user may benefit from any of the promotions that may exist on the website at the time of contracting the same.
The price of the subscription must be paid by the user by means of the payment methods specified above. The service may incorporate new payment methods.
Within 24 hours of signing up for the subscription service, THE COMPANY will send the user proof of payment or an invoice for the contracted Digital Content by email. The receipt and these conditions may be archived and printed. The user has the option of having it available on paper by printing the file containing it, and thus obtaining written justification of the contract.
If necessary, insofar as the platform can incorporate new modalities and functionalities, the user will have the possibility of subscribing and/or contracting various modalities/contents, each of which will have an established price, which will be communicated, through its publication on the website for possible subscription/contracting by users.
9 - USER OBLIGATIONS
Access to or use of the platform for illegal or unauthorized purposes, with or without an economic purpose, is not permitted and, therefore, its consequences will be your exclusive responsibility. More specifically, and without the following list being absolute, it is prohibited:
- Using the platform or its contents, including audiovisuals, for illegal purposes.
- To access the Digital Contents offered on the platform outside the private sphere or for commercial purposes.
- Using the platform in any way that may cause damage, interruptions, inefficiencies or defects in its functionality or in the computer of a third party.