defining the use of services provided by the NERUDA PRODUCTION s.r.o. company on electronic platforms
In the event of a conflict between the Czech version and this translation, the original Czech version shall prevail.
1. INTRODUCTORY PROVISIONS
- 1.1. The NERUDA PRODUCTION s.r.o. company, ID: 47 224 690, having its registered office at: Vajnorská 31, Bratislava-Nové Mesto 831 03, registered in the Commercial Register by the Bratislava I District Court, section Sro, insert 90291/B (hereinafter as „Operator“), is, among other things, the operator of the Internet server accessible at the following Internet address (URL): https://oktagon.tv (hereinafter as „Website“) and mobile applications (hereinafter as „Mobile apps“).
- 1.2. These General Terms and Conditions defining the use of services provided by the Operator on electronic platforms (hereinafter as „Terms“) set out the rights and obligations of users and the Operator created in connection with the use of the Website and Mobile apps as well as the provision of other services of the Operator to users on the Internet or by any electronic resources and platforms (hereinafter as „Services“).
- 1.3. The Operator primarily provides the following Services on the Website and through the Mobile apps:
- a) Sharing sports, entertaining and informative content;
- b) Operation of a video portal/archive of sports broadcasts and programs and related content for unregistered users or registered users with or without a subscription. The individual scope of the Services is further specified in these Terms below;
- c) Operation of a video portal with live sports broadcasts and programs and related content for unregistered or registered users. The Terms and Conditions are further specified in this document below.
- 1.4. The users of the Mobile apps, Website and Services (hereinafter as „User“ – a singular noun – or „Users“ – a plural noun) are obliged to comply with what is defined in these Terms. In case of a violation against these Terms, the Operator is entitled to apply all measures mentioned in these Conditions and/or permitted by the relevant legal regulations. By any use of the Mobile apps, the Website or other relevant electronic means or by clicking any link, the User confirms that he agrees with these Terms. In case that any user does not agree with them, he does not have the right to use these Mobile apps, Website or Services.
- 1.5. Some Services, especially Paid services, are only provided to users who have made a registration through the registration form available on the Website or by another way of registration the Operator offers (hereinafter as „Registered user“ – a singular noun – or „Registered users“ – a plural noun). For Registered users, the Operator makes and maintains an account (hereinafter as the „User account“). All provisions of these Terms, which apply to Users, also apply to Registered users. The method and form of registration of Users of the Services are regulated in Article II of these Terms (hereinafter as the „Registration conditions“)
2. REGISTRATION CONDITIONS
- 2.1. A user of the Services who fills in and sends the relevant registration form will become a Registered user, ie a user authorized to use individual Services intended for Registered Users only.
- 2.2. Only a person over the age of 18 can become a registered user. By registering, the user confirms that he is 18 years old or older. In the registration form, the user fills in the following data required for registration:
- • His e-mail address;
- • His password
- 2.3. In the registration form, the User is obliged to tick the confirmation that he has read the following Terms, and the information on the processing of the personal data, which is available on the following website: https://oktagon.tv/privacy-policy (hereinafter as the „Information on the Processing of Personal Data“), and that he accepts its content and agrees with it. By clicking on the „Create an account“ button in the relevant registration form, the User sends the registration form to the Operator. The registration form cannot be submitted unless all its fields have been filled in. The registration is completed by sending a properly completed registration form to the Operator. By registering, the relevant User account of the Registered user is activated and a user profile is created for him (hereinafter as the „Profile“), to which he has access from the Website. By entering the registered e-mail and registered password, the Registered user can login to his Profile to use the required Service. By each login to his Profile to use a Service, the Registered user confirms his knowledge of the current wording of the Terms and the Information on the processing of personal data.
- 2.4. The registration is free of charge and the maintenance of the User Account or Profile is also not subject to any management fees. However, this does not exclude us from the possibility of charging the Registered User for the Service he uses.
- 2.5. By submitting the registration form, the User of the Services agrees with these Terms and explicitly confirms that:
- a) They are going to become a Registered user;
- b) They do not reveal the access password to their Profile to any third party and they will also take all measures to prevent any third party from accessing this password or accessing their User account and data without their consent;
- c) They will provide such personal data that is an up-to-date, true and complete information about their person according to the relevant requirements of the Operator, and that they will not violate the right to personal data protection by providing data, including the use of an e-mail of somebody else, a password or other information;
- d) The Operator is entitled to identify and/or verify the accuracy of the data provided by individual Registered users by sending them a confirmation e-mail.;
- e) They are familiar with the wording of the Terms, agree to them and to complying with them;
- f) The Operator is not responsible for any damages caused to the Users of the Services as a result of events beyond the control of the Operator, including the actions of third parties;
- g) The Operator is entitled to identify the Registered user if required by the law enforcement authorities or if such identification is necessary under applicable law.
- 2.6. The registered user is entitled to request the cancellation of his User account or Profile, or a change or deletion of all their data from the database of Registered users at any time by sending a request to the following e-mail address: [email protected] or in other ways enabled by the Operator.
- 2.7. The Operator reserves the right to intervene in the database of Registered users, but not to the content and scope of data provided, without the need for prior notice to the Registered users concerned, if the use of the Services requires the introduction of a new functionality. The operator also reserves the right to require in the future the provision of other data required for registration, if required by law, and if the information is not provided, to cancel the relevant User account and/or not to allow access to the Services or electronic means that require a registration or a registration with certain data.
- 2.8. The Operator is entitled to delete the User account or the Registered user profile if:
- a) The Operator has a reasonable suspicion that the Registered user violates applicable laws and generally binding ethical and moral principles of the Operator or good morals by their use of the Profile, or that this Profile is used to violate the rights of third parties or to commit or facilitate crime;
- b) The Registered user uses the Services, in particular the Website or the relevant Mobile apps, for commercial and other purposes that could (in their final consequences, eventually) harm the Operator or third parties.;
- c) The Registered user abuses, blocks, modifies or otherwise alters any part of the Website / Mobile apps or Services provided by the Operator;
- d) The Registered User does not login to their User Account for more than twelve (12) months;
- e) The Operator has a reasonable suspicion that the person who is using the Service is a person other than the Registered User;
- f) The Registered User disrupts or attempts to disrupt the stability or operation of the Website or other electronic means or the data stored there;
- g) The Registered User violates the obligations set out in these Terms or any other general or specific conditions and rules of the relevant Service provided by the Operator.
- 2.9. The Operator explicitly draws attention to the fact that certain acts violating these Conditions of Registration may be considered an offense, which may also show signs of criminal activity.
- 2.10. The Operator also points out that they cannot exclude the possibility that in case of an appropriate legal action taken by a person affected by the registered user's offence connected with the use of the Services, the Operator may be obliged to provide the competent authorities with data or information obtained about the Registered User in connection with the use of the websites or other electronic means or the provision of Services by the Operator.
- 2.11. The Registered user is fully responsible for the confidentiality of their e-mail address, password or any other registration data that is not intended for publication under the conditions set out in these Registration Terms and they bear all responsibility for any damages and costs from the violation of these Registration Terms.
- 2.12. The registered user is not entitled to assign or transfer their rights and obligations arising from the contractual relationship with the Operator in connection with the registration and use of the Operator's services to a third party, not even free of charge.
3. THE AUDIOVISUAL WORKS OFFER
- 3.1. The Operator uses the Websites and Mobile Applications to offer audio-visual works of its own production or works which they are authorized to offer on the basis of licenses granted by the relevant authorized entities, where they are only a video signal distributor (hereinafter as „Title“ – a singular noun – or „Titles“ – a plural noun) to the Users. Unless explicitly stated otherwise, the Title also means any other copyrighted object (for example photographic and graphic works or audio-visual recordings), a copy of which is provided by the Operator by electronic means to the Users, including all personal elements that it may contain.
- 3.2. The titles are offered either in the form of live broadcasting (so-called simulcasting) or so-called streaming (transmission of a digitized signal in real time without any downloading to the User's device). The Operator is entitled to attach advertising and/or sponsorship messages to the Titles.
- 3.3. All the Titles are intended for personal use only, which means for the User's consumption, if the Operator does not allow watching certain Titles also from other territory. Users are not entitled to use any technical or other means to circumvent the relevant territorial limitation. Any use of the Titles for commercial or business purposes, or to a greater extent is explicitly prohibited. This means the User is therefore not entitled to distribute, copy, record or otherwise use the Titles in any way that violates these Terms and applicable laws. Public production of the Titles is allowed by the Operator to official OKTAGON BARS only, or to those who have purchased a license for public broadcasting.
4. SUBSCRIPTION PACKAGE AND SINGLE TITLE SUBSCRIPTION IN THE FORM OF A LIVE BROADCAST
- 4.1. The Operator offers Registered Users to view selected Titles and use other services and benefits/bonuses for a subscription fee (hereinafter referred to as the "Subscription Fee") and to view a single Title in the form of a live broadcast (simulcasting) for a one-time fee (hereinafter referred to as "PPV") within the video-portal on the Website and in the Mobile Application, i.e. these are paid Services under the conditions set out below.
- 4.2. Subscriptions and PPV are paid by Registered Users by the payment method currently enabled and supported by the Operator, in particular by the payment gateway or other currently supported methods (collectively, the "Payment Channel").
- 4.3. Subscriptions and PPVs may only be used by a Registered User on one (1) device at any given time.
- 4.4. As part of the Subscription, Registered Users paying the Subscription Fee (hereinafter referred to as "Subscribers") may view all the Titles included in the Subscription Package and avail of other services and benefits/bonuses included in the Subscription Package (hereinafter referred to as a "Subscription Package") intended for the Subscribers within the specified period, provided that they duly pay the Subscription Fee stipulated for the specified period and Subscription Package.
- 4.5. The subscription package includes not only the option to watch the selected Titles, but also other services and benefits/bonuses that can be used by the Subscribers and for which the specific offer is listed under the video-portal on the Website and the Mobile Application. In particular, Subscribers have the possibility of viewing selected Titles prior to Registered Users or Non-Registered Users and have the complete video archive of Titles available for viewing, as well as the possibility of watching live broadcasts of Titles for the duration of the Subscription. The Operator reserves the right to remove or add Titles and/or other services and/or benefits/bonuses to the Subscription Package at any time and thereby change the scope of the Subscription Package. A change to the scope of the Subscription Package shall not be deemed to be a change to these Terms and Conditions. Subscribers who have purchased a Subscription Package in the "Basic" or "Premium" variants before 30.11.2022 will be able to continue to use the respective Subscription Package in their "Basic" or "Premium" variants upon payment of the Subscription Fee in the corresponding amount for the next period set by the Operator starting from 1.12.2022, despite the fact that these Subscription Package variants will no longer be offered within the video portal on the Website or the Mobile Application for Registered Users from 1.12.2022.
- 4.6. The contract for the provision of Services paid for by means of a Subscription shall be binding for Registered Users for at least the period specified by the Operator, for which a single Subscription payment is charged. The contract for the provision of Services paid in the form of PPV will bind the User for the duration of the live broadcast of the relevant Title to which the PPV relates.
- 4.7. Registered users pay PPV in a single payment through the Payment Channel
- 4.8. Subscribers shall pay the Subscription Fee by repeated (including recurring) payments through the Payment Channel allowing such payments in advance for the period defined by the Operator. The Subscriber shall be entitled to terminate the provision of Services paid for through the Subscription at any time on the terms and conditions corresponding to the usage of the relevant Payment Channel in the course of which the Subscriber shall be informed in connection with their usage of the relevant Payment Channel. Termination shall take effect at the end of the relevant period for which the Subscription Fee has already been paid, i.e. the Subscription Fee already paid shall not be refunded upon termination. The Operator is also entitled to terminate the provision of the Services paid for by means of the Subscription in relation to the relevant Subscriber, in particular in the event that, due to insufficient funds for the payment of the Subscription Fee, the payment is not executed within the relevant Payment Channel within the specified period of time. The Operator reserves the right to change the method of payment of the Subscription Fee according to the technical and operational requirements and possibilities of the Operator. Affected Subscribers will be notified of any such change.
- 4.9. Subscription and PPV payments are made in Euro currency.
- 4.10. By paying the Subscription Fee, the Subscriber explicitly agrees to make the content and Titles included in the Subscription Package paid for by means of the Subscription Fee available immediately after such payment, i.e. before the expiry of the fourteen (14) day statutory withdrawal period, and the Subscriber acknowledges that they shall not have the right to withdraw from the Contract if the Title (relevant digital content) is delivered to them before the expiry of the withdrawal period, i.e. before the expiry of fourteen (14) days from the date of conclusion of the Contract. Therefore, the Operator explicitly points out that the Subscriber, as a consumer, is not entitled to withdraw from the Contract within the fourteen (14) day period and request a refund of the Subscription Fee once the relevant Titles have started streaming.
- 4.11. By paying the PPV, the Registered User explicitly agrees to make the relevant Title (Digital Content) available immediately after such payment, i.e. before the expiry of the fourteen (14) day statutory withdrawal period, and the Registered User acknowledges that they shall not have the right to withdraw from the Contract if the Title (relevant Digital Content) is delivered to them before the expiry of the withdrawal period, i.e. before the expiry of fourteen (14) days from the date of conclusion of the Contract. Therefore, the Operator expressly points out that the Registered User, as a consumer, is not entitled to withdraw from the Contract within the fourteen (14) day period and request a refund of the PPV once the relevant Title has started streaming.
- 4.12. Before making payment for a Subscription or PPV, the Operator recommends the Registered User to verify whether the device on which they wish to play the Subscription or PPV Titles are supported devices ("Supported Devices"), i.e.:
- a) Desktop PCs
- • Refrain from using other applications when playing Digital Content,
- • Operating system: updated to the latest version of Windows or macOS,
- • Minimum hardware requirements: processor min. 1.6GHz, RAM min. 8GB,
- • Internet browser: the latest version of Chrome / Safari / Edge.
- b) Mobile devices
- • Refrain from using other applications when playing Digital Content,
- • Operating system: the latest version of Android or iOS,
- • Internet browser: the latest version of Chrome / Safari.
- c) Smart TV devices
- • the latest version of Oktagon.TV installed,
- • Samsung - model year 2018 or more recent,
- • LG - webOS version 4.0 or more recent,
- • We do not support viewing in native internet browsers on Smart TVs and game consoles.
- The Device must also have access to the Internet at a minimum speed of 10 Mbps and the Registered User understands and agrees that if their Device is not a Supported Device, the Operator cannot accept a claim of inability to properly view the Title.
- 4.13. The Services, including the Subscription Package, are not available on Supported Devices for operating systems running on the same hardware and system platform using a virtual machine. The Provider shall not be liable for any damages caused by incompatible software or hardware on the part of the User, including an insufficiently fast internet connection, or other factors preventing the smooth viewing of the Title. The Operator shall not be liable for interruptions of electricity, internet, or other subcontracted services such as the so-called Content Delivery Network (CDN).
- 4.14. Complaints in the event of inability to properly view a Title in the form of a live broadcast purchased as a PPV or as part of a Subscription shall be made by the Registered User via an e-mail message to [email protected], no later than twenty-four (24) hours from the time of the start of the live broadcast of the relevant Title whose viewing is the subject of the complaint. The User is entitled to make a claim for a viewing of a Title purchased as a PPV or as part of a Subscription in the event that the User was unable to view more than one half (1/2) of the Title in the form of a live broadcast.
- 4.15. In order to initiate the complaint procedure, it is absolutely necessary for the Registered User to indicate the date and time of payment of the PPV or Subscription. Each Registered User shall also provide a description of their technical equipment, in particular the version of the operating system, the application and the connection method. On the basis of this information, the Operator will initiate the complaint procedure.
- 4.16. After reviewing the claimed event, if the claim is accepted, the Subscriber will be issued a replacement code for the Titles purchased under the Subscription, which will allow the Subscriber after the expiration of their participation in the Subscription system to watch the Titles to the same extent as if they were a Subscriber, for a period of time corresponding to the time when they could not properly watch the Titles. However, the Subscription Fee paid will not be refunded.
- 4.17. After reviewing the claimed event, if the claim is accepted for a Title purchased as a PPV, the Registered User will be issued a replacement code that will allow them to watch another Title in the form of a live broadcast. However, the payment made for the PPV will not be refunded.
5. PERSONAL DATA PROCESSING
- 5.1. To use certain Services or other services provided by the Operator, or for obtaining additional benefits, it may be necessary for the User to provide certain personal data. The Operator is obliged to handle the provided personal data in accordance with the conditions set out in the Personal data processing information.
6. PROHIBITED USERS' ACTIVITIES
- 6.1. The User is prohibited from sharing Titles (relevant digital content) without the prior written consent of the Operator.
- 6.2. Watching the Title in the form of live broadcasts purchased in the form of PPV or Subscription must not be used directly or indirectly by the User for public production (sports bars, restaurants, restreaming) and for the use of broadcast information for other media (Internet portals, sports news) in real time. If such violation occurs, the PPV or Subscription payer will be sanctioned by immediate blocking of the broadcast and he will become a subject to possible criminal prosecution for a violation of the owner's rights for online presentation, including possible financial sanctions for unjust enrichment and compensation for related damages.
- 6.3. The User acknowledges that in the event of unauthorized sharing of the Title (relevant digital content) or its use in violation of these Terms, the Operator will take all steps in accordance with law to protect their rights and legitimate interests, especially by reporting such violations to law enforcement agencies and initiating the process of recovery of damages for lost profits and/or unjust enrichment by the definitions of applicable law.
- 6.4. The User is prohibited from interfering with the Service operation and design of the Service and changing its functionality in any way.
- 6.5. The user is prohibited from connecting to the Service via VPN or hiding his location and/or IP address in any other way.
- 6.6. The Operator has the right to block the User's access to the Title (relevant digital content) in the event that the User uses the Title in violation of these Terms or violates these Conditions in any other way. In the event that the User violates these Conditions, the Operator has the right to block or cancel the User's account. The User whose access has been blocked in accordance with this paragraph has no right to demand the return of any payments for the Services.
7. FINAL PROVISIONS
- 7.1. The User acknowledges that the Operator does not guarantee and is not responsible for:
- a) the functionality of the User's data network or its hardware and software, as well as the functionality of the public Internet network;
- b) any possible damages that may happen to the User if the User is not informed in time about any changes to the Website, Mobile Apps or Services because he does not use them regularly;
- c) the content of the Websites and Mobile Apps, especially that such content will be in full compliance with applicable law and error-free;
- d) that the Website, Mobile apps or devices used for electronic communication do not have viruses or other interfering components.
- 7.2. The Operator reserves the right that the Services may not always be always available, especially due to regular maintenance of hardware and software or technical problems beyond the Operator's control.
- 7.3. The User declares that he understands and agrees that the content provided to Users within the Services is intended primarily for entertainment purposes and does not provide any advice or opinions that could be considered binding and relevant.
- 7.4. The Operator explicitly warns the User of the fact that the use of any Services in violation of these Conditions may constitute a violation, which may also show signs of criminal activity.
- 7.5. The User is fully responsible for securing of username, password or any other registration data, and bears all responsibility, including responsibility for any possible costs caused in connection with the violation of these Terms.
- 7.6. The User is not entitled to assign or transfer their rights and obligations based on the contractual relationship with the Operator in connection with the use of the Services to a third party, even free of charge. The User agrees that all rights and obligations of the Operator under these Conditions, as well as any rights and obligations of the Operator based on their provision of Services and operation of Mobile Apps and Websites to the User may be transferred to third parties without the need for any further consent.
- 7.7. Information, materials and other content, especially Titles, as well as functions provided to Users within the Services are protected by copyright law. All trademarks, trade names and modifications, including logos, are owned by the Operator or their business partners, and it is forbidden to use them on other websites, to mark products or services with them, or to use them in any other way violating law and the legitimate interests of the Operator or the third parties concerned.
- 7.8. The Website and individual apps may be altered, the content or any elements may be removed from them at any time, in any way and without giving a reason.
- 7.9. All activities of the User in violation of these Terms, which may also result in (even possible) endangerment of the functionality of the Services, or all activities of the User that would in any way endanger copyright or other rights, will be considered by the Operator as a violation of these Conditions and The Operator is entitled to restrict such activities of the User. Such restriction primarily means preventing access to the Services or refusing to provide them, and the Operator is entitled to apply measures aimed to limit such activities of the User immediately. The application of restrictions, i.e. in particular the type of measure taken, its intensity and timing, is the sole choice of the Operator, in accordance with the relevant legal regulations.
- 7.10. Legal relations based on these Conditions and in connection with the use of the Services are regulated by the legal regulations of the Czech Republic. If the relationship related to the use of the Website, Mobile App or Services contains an international (foreign) element, then the User and the Operator agree that the relationship is governed by Czech law, and for any possible litigation, the general courts of the Czech Republic have substantive and territorial jurisdiction. This does not affect the consumer's rights based on generally binding legislation.
- 7.11. The Czech courts have jurisdiction over any possible disputes arising in connection with these Terms. Before filing a lawsuit with the competent court, the User has the right to (a) submit a complaint to the Czech Trade Inspection Authority (https://www.coi.cz, e-mail: [email protected], or to do so via their website: https://adr.coi.cz), as the body empowered to deal with consumer complaints and disputes out of court, or (b) use the following Internet address: https://ec.europa.eu/consumers/odr for the on-line out-of-court settlement of consumer disputes.
- 7.12. If reasonable (for example due to unpredictable changes in the market, legislative changes, etc.), the Operator reserves the right to make changes in these Conditions, informing the User of these changes in an appropriate manner, for example by publishing them on the Website, at least ten (10) days before the date of their entry into force. A User who is not a Registered user and who does not agree with the wording of these Terms and Conditions terminates the contractual relations based on these Terms by ceasing to use the Services. A Registered User who does not agree with the wording of these Terms and/or the current wording of the Terms of Registration shall terminate the contractual relations based on the Terms of registration (and in the relation to the Services he uses, the relevant paragraphs of the Terms) by cancelling his Profile under the Terms. If the User continues to use any of the Services even after the change of the Conditions has taken effect, it is considered an expression of his consent.
- 7.13. These Terms and Conditions shall be effective from the 1st of December 2022. These Terms and Conditions shall replace the Terms and Conditions amended on the 17th of June 2022 which shall cease to have effect on the effective date of these Terms and Conditions.
Contact details of the operator:
- oktagonmma.cz, oktagon.tv
NERUDA PRODUCTION s.r.o.
831 03 Bratislava-Nové Mesto