General Terms & Conditions of LiveHD.tv


1. PARTIES TO AND SUBJECT OF THE CONTRACT

These General Terms & Conditions govern the subscription to digital LiveHD.tv scheduled live and video-on-demand content (hereafter referred to as the Content) available through branded portal www.LiveHD.tv (hereafter referred to as the Portal).
These Terms and Conditions of Use (the “Terms of Use”) apply to the branded www.LiveHD.tv The Site is the property of LiveHD.tv and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE. LiveHD.tv reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms and Conditions, at any time. It is Customers’s responsibility to check these Terms and Conditions periodically for changes. A continued use of the Site following the posting of changes will mean that the Customer accepts and agrees to the changes. As long as the Customer complies with these Terms and Conditions, LiveHD.tv grant the Customer a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
The contract between the Customer and LiveHD.tv authorises the Customer only to receive the Content for their own private use on their own private premises. The Customer shall be obliged to prevent any further transmission beyond this location either by themselves or by their equipment.


2. CONTENT CHANGES

LiveHD.tv reserve the right, at its sole discretion, to supplement, expand, modify, remove or otherwise change the range of the Content at any time.


3. PRICING

The prices for accessing the Content are based on the relevant current price list published on the Portal.
The prices vary according to the subscription period and payement mode. There are following Subscription Models available:
(1) Flexible Plan: one month reccurent subscription 4 EU/month;

(2) Flexible Plan: one month subscription by SMS approx. 4 EU/month, depends on your country and mobile phone network;
(3) Anual Plan: one year subscription 40 EU/year - you save 8 EU;
By ordering the Content (in any of the Subscription Models), the Customer accepts the relevant applicable prices. Invoices are issued by LiveHD.tv and payments collected by LiveHD.tv. LiveHD.tv may change the fees at any time in response to changing circumstances. LiveHD.tv may withdraw the Customer‘s right to view the Content or to terminate the contract in the event of a payment default.


4. TECHNICAL CONDITIONS AND CUSTOMER CARE

The Content shall be provided through the Portal accessible via the internet connection of the Customer. The Content shall be made available to the Customer in the following streaming modes according to the choice of the Customer: (i) 1Mbps (SD quality) or (ii) 2.5 Mbps (HD).
LiveHD.tv assume no liability in respect of the technical availability of the Portal and of the Content. Technical faults and administrative questions regarding the Portal and the Content should be addressed to the LiveHD.tv Customer Services. Contact details are specified on the Portal.


5. DEFAULT

In the event of a breach of contract by a Customer, and LiveHD.tv may withdraw the Customer‘s right to view the Content until the breach is remedied. The Customer shall have no damages claim or right of compensation in the event of justifiable withdrawal of his right to view the Content. However, the Customer shall not to be released from the obligation to pay the relevant prices.


6. COPYRIGHT

LiveHD.tv or third parties retain copyright or any other intellectual property rights in respect of the Content and the website (including without limitation any Content, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code, graphics, hypertext mark-up language, multimedia files, binary files and other technologies from time to time distributed on-line, including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to LiveHD.tv, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights laws.
Except as expressly provided in these Terms and Conditions, the Customer right to use the Content (licence) is limited to the home personal use of the Content in accordance with Clause 1 above. The copy, reproduction, republishing, downloaded, uploaded, publicly, displayed, posted or recording of the Content on any data storage media or making the Content otherwise available (including “mirroring”) for use outside the Customer‘s private sphere (family and friends) is not permitted and constitutes a breach of contract and of the relevant copyright regulations. The distribution or reception of the Content in publicly accessible locations and commercial enterprise such as restaurants, hotels, cinemas, theatres, exhibitions, shop windows etc, without LiveHD.tv express prior written consent is not permitted and constitutes a breach of contract and of the relevant copyright regulations.


7. TERM AND TERMINATION

The subscription to the Content with LiveHD.tv shall come into effect as of the activation of the Customer's right for viewing of the subscribed or ordered Content and shall terminate as of the de-activation of the Customer's right for viewing of the subscribed or ordered Content in accordance with the selected Access Mode. There shall be no minimal term of the contract other than one-month or six-months term of the subscription in the Unlimited Mode.


8. APPLICABLE LAW AND JURISDICTION

Use of the website is subject to the laws of Cyprus which shall exclusively govern the interpretation, application and effect of all the above permissions, exclusions, licences and conditions of use.


9. DISCLAIMERS

LiveHD.tv does not promise that the site or any content, service or feature of the site will be error-free or uninterrupted, or that any defects will be corrected, ot that the use of the site will provide specific results.
LiveHD.tv disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. LiveHD.tv disclaims any and all liability for the acts, omissions and conduct of any third parties in connectin with or related to the consumer use of the Portal. The consumer assumes total responsibility for their use of the Portal and any linked sites. Consumer sole remedy against LiveHD.tv for dissatisfaction with the site or any content is to stop using the site or any such content. This limitation of relief is a part of the bargain between the parties.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
LiveHD.tv reserves the right to do any of the following, at any time, without notice:
(1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason;
(2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and
(3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability
Except where prohibited by law, in no event will LiveHD.tv be liable to the Customer for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if LiveHD.tv has been advised of the possibility of such damages.

The Customer agrees to indemnify and hold LiveHD.tv, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against the Customer by any third party due to or arising out of or in connection with the Customer use of the Site.


Violation of These Terms of Use

LiveHD.tv may disclose any information we have about the Customer (including their identity) if LiveHD.tv determines that such disclosure is necessary in connection with any investigation or complaint regarding the Customer use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) LiveHD.tv’s rights or property, or the rights or property of visitors to or users of the Site, including LiveHD.tv’s customers. LiveHD.tv reserves the right at all times to disclose any information that LiveHD.tv deems necessary to comply with any applicable law, regulation, legal process or governmental request. LiveHD.tv also may disclose the Consumer information when LiveHD.tv determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
The Consumer acknowledges and agrees that LiveHD.tv may preserve any transmittal or communication by you with LiveHD.tv through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or LiveHD.tv determines that such preservation or disclosure is reasonably necessary to
(1) comply with legal process,
(2) enforce these Terms of Use,
(3) respond to claims that any such data violates the rights of others, or
(4) protect the rights, property or personal safety of LiveHD.tv, its employees, users of or visitors to the Site, and the public.
The Consumer agree that LiveHD.tv may, in its sole discretion and without prior notice, terminate their access to the Site and/or block their future access to the Site if we determine that the Consumer have violated these Terms of Use or other agreements or guidelines which may be associated with the Consumer use of the Site. The Consumer also agree that any violation by them of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to LiveHD.tv for which monetary damages would be inadequate, and you consent to LiveHD.tv obtaining any injunctive or equitable relief that LiveHD.tv deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies LiveHD.tv may have at law or in equity.
The Consumer agree that LiveHD.tv may, in its sole discretion and without prior notice, terminate their access to the Site, for cause, which includes (but is not limited to)
(1) requests by law enforcement or other government agencies,
(2) a request by the Consumer (self-initiated account deletions),
(3) discontinuance or material modification of the Site or any service offered on or through the Site, or
(4) unexpected technical issues or problems.
If LiveHD.tv does take any legal action against the Consumer as a result of The Consumer violation of these Terms of Use, LiveHD.tv will be entitled to recover from the Consumer, and the Consumer agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to LiveHD.tv. the Consumer agree that LiveHD.tv will not be liable to the Consumer or to any third party for termination of the Consumer access to the Site as a result of any violation of these Terms of Use.

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