These Terms of Use (“Terms”) govern your access to and use of the website (“Site”) of OpenTV and the application (“App”) of OpenTV (collectively the “Service”), operated and provided by Nagravision SA (“NAGRAVISION”) and any videos, information, text, links, graphics, photos, music, sound, software, scripts, audiovisual combination, interactive features or other materials or arrangements of materials uploaded, downloaded or appearing on the Site and/or the App (collectively referred to as “Content”).
By using the Service or any of its components and/or by registering for an account and/or accessing the Content, you agree to be bound by these Terms.
If you do not agree to these terms, you should not obtain information from or otherwise use the Service nor the Content.
These Terms supersede all prior or contemporaneous agreements, representations, warranties and understandings with respect to the App and Site, the content provided by or through the App and/or Site, and the subject matter of these Terms. These Terms may be amended at any time by us from time to time without specific notice to you. The latest Terms will be posted on the App and Site, and you should review these Terms prior to using the App and/or Site.
If you are under 13 years of age, you shall not register to use the Service. If you are at least 13 years of age but under 16 years of age or the age required in your jurisdiction, you represent and warrant that you have obtained the consent of your parent or legal guardian before providing your personal information and/or accessing or using the Service. In order to subscribe to pay Services and Content, you represent and warrant that you are of legal age to form a binding contract. In all cases, you represent and warrant that you are not a person barred from accessing or using the Service under the laws of your country of residence or any other applicable jurisdiction. Some parts of the Service may have different age requirements, which will be noted in those parts of the Service.
In order to access some features of the Service and Content, you will have to create a OpenTV account. When creating your account, you must provide accurate and complete information. It is important that you must keep all information related to your OpenTV account and related credentials, such as login, password and login links send to your email, secure and confidential.
Any password or login credentials right given to you to access the Service and Content from the App and/or the Site are not transferable
You must notify NAGRAVISION immediately of any breach of security or unauthorized use of your OpenTV account that you become aware of.
You agree that you will be solely responsible (to NAGRAVISION, and to others) for all activity that occurs under your OpenTV account, whether or not actually or expressly authorized by you.
NAGRAVISION hereby grants you permission to access and use the Service and Content, subject to the following express conditions, and you agree that your failure to adhere to any of these conditions shall constitute a breach of these Terms on your part:
You agree that you will comply with all of the other provisions of these Terms at all times during your use of the App and/or the Site.
NAGRAVISION is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the App and/or the Site which NAGRAVISION provides may change from time to time without prior notice to you.
As part of this continuing innovation, you acknowledge and agree that NAGRAVISION may stop (permanently or temporarily) providing the App and/or the Site (or any features within the App and/or the Site) to you or to users generally at NAGRAVISION’s sole discretion, without prior notice to you. You agree that NAGRAVISION shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service (or any features within the App and/or the Site).
You may stop using the App and/or the Site at any time. You do not need to specifically inform NAGRAVISION when you stop using the App and/or the Site.
You agree that you are solely responsible for (and that NAGRAVISION has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which NAGRAVISION may suffer) of any such breach.
In connection with your access to or use of the Service, you shall not:
When you upload or capture Content to the App and/ the Site, you grant:
Unless otherwise expressly agreed in writing by NAGRAVISION, the viewing, printing or downloading of any Content from the App and/or the Site grants you only a limited, nonexclusive license for use solely by you for personal, internal, non-commercial purposes and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any Content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal, internal, non-commercial use (but not for resale or redistribution). The rights specified above to view, download and print the Content are not applicable to the design or layout of the App and/or the Site. Elements of the App and/or the Site are protected by copyright and other laws and may not be copied or imitated in whole or in part.
“Material” includes NAGRAVISION Content on the Site not submitted to the App and/or the Site by you. All Material on the App and/or the Site is either owned by or licensed to NAGRAVISION, and is subject to copyright, trade mark rights, and other intellectual property rights of NAGRAVISION or NAGRAVISION’s licensors. Any third party trade or service marks present on Material are trade or service marks of their respective owners. Such Material may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of NAGRAVISION or, where applicable, NAGRAVISION’s licensors.
NAGRAVISION and its licensors reserve all rights not expressly granted in and to their Material.
The software and accompanying documentation that is made available to download from the App and/or the Site is the copyrighted and/or patented work of NAGRAVISION and/or its suppliers. Use of the software is governed by the terms of the license agreement that accompanies or is included with such software. Such terms are incorporated by reference herein. You will not be able to install or use any software that is accompanied by or includes a license agreement unless you agree to the terms of such license agreement. If you do not agree to such terms, you will not be able to use the software. Absent a license agreement that accompanies the software, use of the software will be governed by this Agreement. You agree that you will not decompile, reverse engineer, or otherwise attempt to discover the source code of the software available from the App and/or the Site.
You agree to indemnify, defend and hold NAGRAVISION and its affiliates (collectively, the “Affiliated Parties”) harmless from and against any liability, loss, claim or expense, including reasonable attorneys’ fees, related to your violation of these Terms or use of the Site.
UNLESS EXPRESSLY AGREED OTHERWISE IN WRITING BY NAGRAVISION, THE CONTENT AND SERVICES AVAILABLE FROM OR THROUGH THE APP AND/OR THE SITE ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. NAGRAVISION HEREBY DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL WARRANTIES, EXPRESS OR IMPLIED (INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE CONTENT AND THE SERVICES AVAILABLE FROM OR THROUGH THE APP AND/OR THE SITE, AND THE APP AND/OR THE SITE THEMSELVES, MAY CONTAIN BUGS, ERRORS, TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY CONTENT AND THE SERVICES AVAILABLE FROM OR THOUGH THE APP AND/OR THE SITE, OR THE APP AND/OR THE SITE THEMSELVES. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THE CONTENT AND THE SERVICES AVAILABLE FROM OR THROUGH THE APP AND/OR THE SITE, AND THE APP AND/OR THE SITE THEMSELVES, WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
If you elect to provide or make available to NAGRAVISION any suggestions, comments, ideas, improvements or other feedback relating to the Service (“Suggestions”), NAGRAVISION shall be free to use, disclose, reproduce, have made, modify, license, transfer and otherwise utilize and distribute your Suggestion in any manner, without credit or compensation to you. You will not knowingly provide NAGRAVISION any Suggestion that is subject to third party intellectual property rights.
The Service may contain Content from other third party websites, platforms and/or resources. You acknowledge and agree that NAGRAVISION does not control or endorse, and is not responsible for, any Content, advertising, products, services or other materials on, transmitted from or available through such third party websites, platforms and/or resources (collectively “External Materials”), including without limitation the accessibility, accuracy, non-infringement, legality, decency, or any other aspect of the External Materials. NAGRAVISION provides access to the External Materials to you only as a convenience and it does not imply any endorsement or association with the operators of such External Materials. The use and access of such External Materials are subject to different terms of use and privacy policies, which you are responsible for reviewing and abiding. You further acknowledge and agree that NAGRAVISION shall not be liable for any damage or loss caused by or resulting from the access, use of or reliance on any External Materials.
The App and/or the Site may contain press releases and other information (collectively, “Information”) about us, our business and our products, including links to third-party websites or applications that contain such Information, which are being provided as a convenience to visitors of the App and/or the Site.
While all Information prepared by NAGRAVISION was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update any Information. Statements concerning companies other than NAGRAVISION that are contained in any such Information should not be relied upon as being provided or endorsed by us. The opinions expressed in any Information prepared by third parties are solely those of the author(s) and do not necessarily reflect the opinion of NAGRAVISION. With respect to Information contained in links to third-party websites and/or applications, please refer to the section above entitled “Third party websites and/or applications.”
To learn about how NAGRAVISION protects your personal information, such as your name and address, refer to the Site or App online privacy policy. Except as set forth in the Privacy Policy or in these Terms, your personal information will be deemed to be confidential. Any non-personal information or material sent to NAGRAVISION will generally be deemed to NOT be confidential. You understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of NAGRAVISION or others, or as stated in our Privacy Policy.
These Terms shall be treated as though it were executed and performed in Cheseaux- sur- Lausanne, Switzerland, and shall be governed by and construed in accordance with the Swiss laws (without regard to conflict of law principles). Any cause of action by you with respect to the App and/or the Site (and/or information, content, documents and other materials contained therein) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. You expressly submit to the exclusive jurisdiction and venue of the courts of Switzerland with respect to all matters relating to these Terms or your use of the App and/or the Site, and consent to extra-territorial service of process in connection therewith. Should any part of these Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the App and/or the Site is in conflict or inconsistent with these Terms, these Terms shall take precedence. Our failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision.
These Terms are an agreement between you and NAGRAVISION SA, route de Geneve 22-24, 1033 Cheseaux sur Lausanne, Switzerland. If you have any questions about these Terms, please contact us at contact@nagra.com.