TERMS OF USE - Last update January 1st 2015 

 

Welcome to the FRTV.TV website (the "Site"). These Terms of Use ("User Terms") define how You may use the different resources on the Site. Your use of the Site offerings and content, represent Your agreement with FRTV  to be bound in Your Site usage by these User Terms. Please understand that this is a binding legal agreement. If You do not want to comply with these User Terms, then You should not use the Site. So please read these User Terms carefully.

These User Terms may be modified at any time and from time to time by FRTV. The current version of the User Terms can always be found under the Terms of Use button on the Site. You can tell if there have been changes to these User Terms by checking the "Last Updated" date at the top of the User Terms page. Your continued use of the Site, Site Content or Site Services after there has been an update to the User Terms will constitute Your acceptance of the updated version of the User Terms.

PLEASE NOTE: You must be at least 18 years of age to use the Site Services. If You are not at least 18 years old, You should not be accessing Site Content (defined below).

 

1. Site Services

 

The Site allows You to view a selection of French television channels and other video content ("Site Video Content"). If You register as a member of the Site (a "Registered Member"), You will be able to take advantage of a broader range of Site services, including the ability to optimize Your viewing of Site Video Content and the use of Replay programs. Unless otherwise authorized in writing by FRTV, both registered and unregistered Site users can access only one video stream at any time. All of the services, activities and features offered through the Site are referred to in these User Terms as the "Site Services." Except as expressly provided below with respect to Memberships, FRTV reserves the right to modify, reduce, add to or eliminate Site Services at any time. You are responsible for all costs and equipment required for You to access the Site via the internet.

 

2. Site Content

 

The Site Video Content, the User Material, the Site video player (the "Site Video Player"), any other software provided by or accessed through the Site, and any other content offered on or through the Site, including graphics, photographs, text, quotations and design (all of the foregoing, collectively, the "Site Content"), are owned solely and exclusively by FRTV and its licensors and are protected by laws securing intellectual property rights, including those safeguarding copyrights and trademarks.

 

3. Third Party Downloads

 

In order to take advantage of certain Site Services, including viewing Site Video Content, You may be required to download the Site Video Player or the Site Video Player may be automatically downloaded to Your computer or mobile device. Any such downloads should be considered Site Content and are governed by these User Terms. You may also be required to accept certain third party license or usage terms when You download third party software. Your acceptance of those license or usage terms constitutes a legally enforceable agreement between You and the third party software licensor and those license or usage terms will also govern Your use of that particular software program.

 

4. WARRANTY DISCLAIMER

 

You understand and agree that that the Site, Site Content and Site Services are provided "AS IS" without representation or warranty of any kind and that Your use of all or any of the same is at Your sole election and risk. To the maximum extent allowed by law, FRTV expressly disclaims any and all warranties and representations with respect to the Site, Site Content and Site Services, express or implied, including implied warranties of merchantability, fitness for a particular purpose, completeness, accuracy, currency, and non-infringement and those implied through course of custom or usage of trade. For avoidance of doubt, but without limiting the previous disclaimer in any way, FRTV does not warrant that Your access to the Site or to Site Content or Site Services will be uninterrupted or error free, or that User Material will be appropriate, accurate, fair or original.

 

5. Restrictions on Use

 

You may use the Site Services and Site Content only for Your own personal, non-commercial use and You may view Site Video Content only through the Site Video Player. You may not in each instance:

Reproduce, duplicate, provide, display, publish or otherwise distribute (including by way of email, linking, tagging, facsimile or other electronic means) the Site Content;

Alter or remove any copyright and other proprietary notices marked on the Site Content;

Access, isolate, duplicate, modify, install or deploy the Site Video Player except in the context of and solely for the purpose of Your personal viewing of Site Video Content on and from a single computer or mobile device;

Create derivative works, or materials that otherwise are in any way derived from or based on the Site Content or Site Services, including montages, mash-ups and similar videos;

Access the Site 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 FRTV 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;

Use Site Services on behalf of or in the name of another person or entity;

Damage, disable, overburden, impair, or gain unauthorized access to the servers, computer network, or user accounts of FRTV or its business partners;

Collect, retrieve or recreate personally identifiable information provided by Registered Members;

Collect, retrieve or harvest information about Site users, whether or not Registered Members, for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications;

Violate these User Terms or any policy or other terms posted on the Site with respect to Site Services and/or Site Content; or

Violate any applicable law, rules or regulations in connection with Your use of the Site Content or Site Services

 

FRTV reserves the right to immediately terminate Your membership or use of the FRTV Services at any time without notice or liability if FRTV determines in its sole discretion that You have

 

6. INDEMNIFICATION.

 

BY REGISTERING AND/OR PARTICIPATING IN ANY SITE SERVICES OR USING ANY SITE CONTENT, YOU HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS FRTV, ITS AFFILIATES AND BUSINESS PARTNERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, VENDORS, LICENSORS AND AGENTS, FROM ANY AND ALL DAMAGES, CLAIMS, EXPENSES (INCLUDING LEGAL FEES AND COSTS), COSTS OR OTHER LIABILITIES ARISING OUT OF OR IN CONNECTION WITH THE USER MATERIAL YOU POST OR YOUR USE OF THE SITE, SITE CONTENT OR SITE SERVICES WHETHER OR NOT SUCH USE IS IN COMPLIANCE WITH THESE USER TERMS.

 

7. Trademarks

 

The trademarks, logos, service marks and other similar proprietary designations and designs (whether or not registered, collectively the "Trademarks") displayed in Site Content or in conjunction with Site Services are Trademarks of FRTV and/or third parties. You have no right to use the Trademarks in any way and nothing contained on the Site should be construed as granting to You, by implication, estoppel or otherwise, any license or right to use any Trademark without FRTV's written permission or the written permission of the third party that owns the Trademark.

 

8. Registration; Passwords

 

Access to certain Site Content and certain Site Services is restricted to Registered Members only. When You register on the Site, You will be asked to provide designated personal information, such as Your name, email address and physical address. All such personal information shall be treated pursuant to the terms governing FRTV's collection and use of Personally Identifiable Information set forth in the Privacy Policy (http://frtv.tv/privacypolicy.html/). You represent and warrant that any information You provide in connection with Your registration on the Site or Your participation in Site activities will be accurate and current, and that You will update such information as necessary in connection with Your continued access to and use of the Site. You are solely responsible for (a) maintaining the confidentiality of Your registration information and password, and (b) any activity that occurs under Your username/password. Without limiting the foregoing, You agree not to misuse Your username or password, misrepresent Your identity or Your affiliation with an entity, impersonate any person or entity, or misstate the origin of any Site Content to which You are provided access through the Site. Please notify us at support@frtv.tv (subject line: "Account Security Breach") as soon as You know of, or suspect any unauthorized use of, Your account.

 

9. User Viewing History

 

When You register as a Registered Member of the Site, Your IP address and/or Your viewing history will be automatically captured and stored by the Site for Your use. FRTV will not provide Your IP address and/ or viewing history to any third party without Your prior authorization except where required by law, regulation or judicial process, where necessary to protect FRTV's rights or the rights of third parties, in conjunction with a merger, acquisition or similar event, or in order to provide you with the Site Services.

 

FRTV will use commercially reasonable efforts to accurately collect, store, secure and maintain Your Viewing History. However, You understand and agree that FRTV does not warrant or represent that Your Viewer History will be accurately, completely or securely collected or stored, that all revisions You make to the same will be accurately or completed processed or maintained, or that You will have uninterrupted access to Your Viewer History. In addition, FRTV reserves the right to permanently delete Your Viewer History if Your account on the Site is inactive for more than one (1) month.

 

10. Membership Fees, Payment Terms and Refund Policy

 

Only Memberships of the Site are fee-bearing. Membership entitles You to access a broader range of channels and to view Site Video Content in high definition and without interruption. Memberships are offered on a subscription basis and are subject to all of the terms and conditions of these User Terms. The subscription fee schedule is published on the Site. Your Membership subscription will be renewed automatically for renewal terms of the same length unless You decide to cancel your account. When You register as a Member, You authorize Your credit card to be charged for the first subscription term and for each renewal subscription term. Membership fees are stated exclusive of all taxes, levies, or duties imposed by taxing authorities, and You are responsible for payment of all such taxes, levies, or duties which will appear as separate line items on Your Bank Statement. A third party processor handles all Membership purchase transactions. This means that (a) all credit card and payment information You provide to participate in Site Services is delivered directly to the third party processor, and (b) the third party processor is responsible for accurate processing of the transaction and appropriate storage and protection of Your personal information, including Your personal financial information. FRTV does not receive, store or handle Your personal financial information Without limiting the foregoing, You understand and agree that FRTV is not liable for any error in invoicing or payment processing, or any breach in security with respect to Your payment information, associated with the third party processor's management of the purchase transaction.

FRTV may modify the terms and conditions of Membership plans upon thirty (30) days prior written notice. The notice will be provided either by posting the information on the Site or by sending You an email based on the email address You provided in connection with Your registration. Any such modifications, to the extent they materially reduce the scope of the Membership offering, will be effective only as of the commencement of the next renewal term of Your subscription.

In addition, FRTV reserves the right, in its discretion, to terminate Your subscription at any time. If FRTV does terminate Your account, without reasonable cause, then FRTV will refund to You, as Your sole and exclusive remedy for any such termination and as FRTV's sole and exclusive liability for the same, that portion of the subscription fee You paid for the Membership representing the unused balance of Your then current subscription term.

Subject to the foregoing, Member subscription fees are not refundable, in whole or in part, for any reason including for periods of inactivity or service outages, or partially used periods. Notwithstanding the foregoing, FRTV does reserve the right to terminate your subscription at any time in its discretion.

If You have any questions about billing, please contact us at: support@frtv.tv

 

11. LIMITATION ON LIABILITY

 

TO THE MAXIMUM EXTENT ALLOWED BY LAW, IN NO EVENT AND UNDER NO THEORY OF LAW, CONTRACT, EQUITY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL FRTV, OR ITS AFFILIATES OR BUSINESS PARTNERS, OR ANY OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, OR REPRESENTATIVES, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, DAMAGE TO REPUTATION, OR LOSS OR DAMAGE TO DATA, SOFTWARE OR EQUIPMENT, IN EACH CASE TO THE EXTENT ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR RELIANCE ON THE SITE, THE SITE CONTENT OR THE SITE SERVICES (INCLUDING YOUR VIOLATION OF A THIRD PARTY INTELLECTUAL PROPERTY RIGHT BASED ON YOUR USE OF SITE CONTENT OR SITE SERVICES) EVEN IF SUCH DAMAGES WERE FORESEEABLE BY FRTV. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE PRECEDING LIMITATION MAY NOT APPLY TO YOU.

 

12. Export Controls

 

The accessing and transmission of any technical data, including software, in connection with Your use of the Site, Site Content and Site Services are subject to export controls. You agree to comply with all applicable laws regarding software and the transmission and accessing of any such technical data from the country in which You reside.

 

13. Contract Construction

 

If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions which shall remain in full force and effect. To be effective, any waiver of a provision in these User Terms must be in writing and signed by the party against whom it is to be enforced. Any written waiver shall only be effective with respect to the specific incident and provision covered by the waiver, and shall not waive any subsequent violations of these User Terms. The word "including" shall be construed non-exclusively to mean "including but not limited to."

 

14. Complete Agreement

 

These User Terms constitute the entire legal agreement between You and FRTV with respect to Your use of the Site, Site Content and Site Services. These User Terms replace and supersede any prior agreements, representations or understandings between You and FRTV, including any prior versions of the User Terms. Only FRTV may amend or modify these User Terms and it may do so at any time. Any such amendments or modifications shall be effective upon posting the new User Terms on the Site at /terms.html. Your use of the Site, Site Content or Site Services after the new User Terms are posted will indicate Your agreement to the new terms. Therefore, it is important that You review the User Terms page regularly to ensure You are familiar with the most current User Terms.