Terms of Service for End UsersVersion dated 29/03/2022
These Terms of Service (the «Agreement» or «Terms of Service») are concluded between PROXIMIA.TV («PROXIMIA.TV», «we», «us» or «our») and you, our customer («you» or «your»). This Agreement governs your use of the website https://proximiatv.es and our online video hosting and sharing services available through the websites, applications, embedded video players and displays (collectively the “Service”) operated by us, and your viewing of content from specific rightholders. In relation to each purchase during the use of the Service, this Agreement is concluded directly with the content rightholder specified in the Agreement.
1. Conclusion of the Agreement1.1. By creating an account, viewing the available content or otherwise visiting or using our Service, you accept this Agreement and agree to enter into an electronic contract with us.
1.2. If you are a legal entity other than an individual, a person who registers an account or otherwise uses our Service, you must have the right to bind the legal entity and must use a registered email address owned or controlled by that entity. In this context, “you” means both the legal entity and each person entitled to access the account.
1.3. We may update this Agreement by posting the updated version on our website. By continuing to use our Service, you agree to any revised Agreements.
2. Service and Content2.1. In accordance with the terms of this Agreement, we provide you with access to our Service. This includes the right to use all the features of our video player that we can provide. We may change the features available to you from time to time.
Access to content may be limited for each piece of content available through the video player, and you agree to abide by such restrictions. You are not guaranteed the continued availability of any content available through the video player, and you agree that any content may be removed from the video player at any time without prior notice. Permission to view the content can be revoked at any time for any reason. Upon revocation or termination of permission, you must immediately stop viewing the content.
2.2. You must comply with the following conditions:
- You will not reverse engineer or decompile the video player.
- You will not scan or extract data from the content available in the video player without our prior written consent.
- You will not modify the videos available in the video player.
Access to a specific type of content may be provided to you subject to payment for access to the relevant content within the period specified at the time of purchase.
3. Accounts3.1. You can create an account to use certain features that we offer. To do this, you must provide an email address. By creating an account, you agree to receive notifications from PROXIMIA.TV to this email address.
3.2. To create an account or otherwise use our Service, you must be at least 16 years old or the appropriate age of majority in your jurisdiction, whichever is greater. If you want to use the Service for commercial purposes, you must be at least 18 years old. Persons under the appropriate age can use our Service only through the account of a parent or legal guardian and with their participation. Before continuing to use the Service, ask that person to read this Agreement with you and agree to it.
3.3. By granting your child permission to use the Service through your account, you agree and understand that you are responsible for monitoring and controlling your child’s use. If you believe your child is using your account and does not have your permission, please contact us immediately so we can turn off access.
3.4. You are responsible for all activities that occur under your account, including unauthorized activities. You must keep your credentials confidential. 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.
4. Acceptable Use Policy4.1. You must ensure that your use of the Service and your behavior is in accordance with the Acceptable Use Policy set out in this Section 4. PROXIMIA.TV may (but is not required to) control your account and behavior, regardless of your privacy settings. PROXIMIA.TV may take all necessary actions to protect its rights, including suspension or termination of your account.
4.2. You may only use our video player to view content that may be removed or modified in accordance with our copyright policy. Content may not be available for viewing on all devices or in all regions.
4.3. By using our Service, you may not:
- use an offensive pseudonym (for example, obscene language) or an avatar (for example, containing a picture of a nude body);
- use profanity and extremist materials in the comments to videos and broadcasts;
- act fraudulently or impersonate any person or organization;
- stalk or spy on any person;
- harm or exploit minors;
- distribute «spam» in any form or use misleading metadata;
- collect personal information about others;
- gain access to someone else’s account without permission;
- engage in any illegal activity;
- resell views of any content;
- allow others to log into your account in order to view content;
- use means of payment belonging to a third party; or
- encourage others to do any of the above.
4.4. You are prohibited, except as provided by law or permitted by us:
- to clean, reproduce, distribute, create derivative works, decompile, reverse engineer, modify, archive or disassemble any part of our Service; or try to bypass any of our security measures, rate limits, filtering, or digital rights management;
- send any malicious program, script or code;
- use any software to block ads;
- send an unreasonable number of requests to our servers; or
- take any other action to manipulate, interfere with or damage our Service.
4.5. You cannot create an account if you are a member of a terrorist or extremist group. You may not purchase any goods or services from us if you reside in a country that is subject to the US Comprehensive Sanctions Program or if you are a Specially Designated Individual (SDN) designated by the US Treasury Department.
5. Intellectual Property Rights5.1. You are not granted any rights with respect to the content available in our video player (including, but not limited to, logo, texts and literary works, photographs, images, videos and software), other than those expressly granted by this Agreement.
5.2. You grant PROXIMIA.TV irrevocable permission to use your name, image, bio, trademarks, logos or other identifiers that you use in your account profile. You can revoke the above permission by deleting your account. PROXIMIA.TV has the right to include public profiles in its marketing and investor materials.
5.3. You grant PROXIMIA.TV a perpetual and irrevocable right and license to copy, transmit, distribute, publicly perform and display content that you submit in comments or other messages through online means in connection with our Service. If you make suggestions to PROXIMIA.TV to improve our products or services, PROXIMIA.TV may use your suggestions without compensation to you.
5.4. You are prohibited from using the Service for illegal use of content that infringes intellectual property rights.
6. Your Responsibilities6.1. You hereby represent and warrant that you have the right to access the website on which our video player is available.
6.2. You will indemnify and defend PROXIMIA.TV and its subsidiaries, parent and affiliate companies and their and our directors, officers, employees and agents from all claims, damages, costs, obligations and expenses, including attorney’s fees arising in connection with your actions or omissions, which (regardless of whether they are proven), constitute a violation of this Agreement.
7. Payments7.1. You may select any PROXIMIA.TV offers available on the Service for a one-time purchase or a subscription-based purchase.
7.2. Any purchases made within the Service are non-refundable, unless otherwise provided by the Refund Policy (https://proximiatv.es/refund-policy).
7.3. The cost can include a fixed fee, as well as recurring payments for access to certain types of content. To the extent permitted by applicable law, subscriptions are automatically renewed at the end of each subscription period, unless canceled in advance. You must pay a subscription fee at the start of each renewal period. Unused subscription period does not carry over to the next period. You can cancel the automatic renewal of your subscription in your account settings.
7.4. All payments are processed by available payment systems subject to their conditions and restrictions. PROXIMIA.TV has the right to entrust the acceptance of payments to a third party.
8. Term and termination8.1. This Agreement enters into force from the moment you first use our Service and is effective as long as you use our Service or have an account with us, whichever is longer. PROXIMIA.TV may terminate this Agreement at any time with thirty (30) days' written notice, and users may terminate at any time by deleting their accounts.
8.2. If you breach this Agreement, PROXIMIA.TV may, in its sole discretion: (a) terminate this Agreement immediately, with or without prior written notice; and (b) suspend, remove or restrict access to your account or any ability to view any content through our video player. If PROXIMIA.TV deletes your account for violation, you may not re-register.
8.3. In the event of termination or expiration of the Agreement, the following sections will remain in effect: Section 6.2 (Indemnity), Section 9 (Disclaimer), Section 10 (Limitation of Liability), Section 11 (Disputes, Arbitration and Choice of Law) and Section 12 (General provisions).
9. Disclaimer of Liability9.1. PROXIMIA.TV PROVIDES THE SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT FOR THE WARRANTIES EXPRESSLY STATED IN THE AGREEMENT, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, PROXIMIA.TV DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED.
9.2. Among other things, PROXIMIA.TV does not make any representations or warranties of any kind:
- that our Service or any part of it will be available or permitted in your jurisdiction, continuously or without error, completely secure or accessible from all devices or browsers;
- with regard to any content submitted by our users, or the actions of our users;
- that any geo-filtering or digital rights management solution we can offer will be effective;
- that our Service will meet your business or professional needs;
- that we will continue to support any particular feature or maintain backward compatibility with any third party software or device; or
- in relation to any third party websites and resources.
10. Limitation of Liability10.1. TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) PROXIMIA.TV WILL NOT BE LIABLE FOR ANY DAMAGES, EVEN IF PROXIMIA.TV HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) THE GENERAL LIABILITY OF PROXIMIA.TV TO YOU, EXCEPT CONTRACTUAL LIABILITY (IF AVAILABLE), SHOULD NOT EXCEED THE AMOUNTS PAID BY YOU TO PROXIMIA.TV FOR PRECEDING 12 (TWELVE) MONTHS OR US $10, WHICHEVER IS BIGGER.
11. Disputes, Arbitration and Choice of Law11.1. If you are unsatisfied with our Service for any reason, please contact us first so we can try to resolve your concerns without the need for outside help.
11.2. Any disputes arising from this Agreement or your use of our Service will be governed by the laws of England and Wales, without regard to conflict of laws principles.
11.3. Lawsuits related to this Agreement or your use of our Service must be initiated in the courts of England.
12. General provisions12.1. PROXIMIA.TV reserves all rights not expressly granted by this Agreement. PROXIMIA.TV rights and remedies are cumulative. The absence or delay on the part of PROXIMIA.TV in the exercise of any right does not mean a refusal to further use this right. If any term of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, that term will be limited or terminated. PROXIMIA.TV is not responsible for delays or refusals caused by force majeure.
12.2. Neither party is an agent, partner, or joint venturer of the other party. This Agreement binds the parties and their personal representatives and authorized successors. You may not assign this Agreement to any person whose account has been terminated by PROXIMIA.TV or whose registration is prohibited; any such assignment will be void.
12.3. We can provide links to other web sites and to carry out the integration with them. The operator of the website, and not PROXIMIA.TV, is solely responsible for its content, and your use of each such website will be governed by its terms of service. We may disable integration with any third party at any time, with or without notice. Except as expressly stated in this document, nothing in this Agreement gives any rights to third parties.
12.4. This Agreement constitutes the complete understanding of the parties and cannot be changed except in accordance with Section 1 or in a document drawn up by authorized representatives of PROXIMIA.TV.
12.5. This Agreement is written in English. Other language versions are for reference only.
12.6. You must send us any legal notices by email at email@example.com or SPORTRCOM LTD
3030, Cyprus, Limassol, Theklas Lysioti 29 CASSANDRA CENTRE, 3rd floor, Flat/Office 301, company number is HE 423699