1. Information about this Agreement
This Agreement sets out the terms and conditions on which ELLAS TV will provide you with, and you agree to receive, the ELLAS TV Service. By using the ELLAS TV Service you agree to be bound by the terms and conditions of this Agreement. References to “we”, “us” or “our” in this Agreement will be read as references to ELLAS TV.
2. Accessing the ELLAS TV Subscription
To join ELLAS TV you must:
- be at least 18 years old;
- have a compatible Device that is connected to the internet in the Territory; and
- have a ELLAS TV Account linked to a valid Australian credit card with a billing address in the Territory or agree to third party billing with one of our authorised third party billing partners.
- Users of the ELLAS TV Service are responsible for all costs arising from the use of the ELLAS TV Service including, without limitation, all extra services
- You can register on top of your primary device that you use to access ELLAS TV in the same household:
- up to four (4) Additional Devices(such as our Proprietary STB or any compatible devices, through our TV App from their Proprietary Operating System, that connects to a TV through an HDMI cable or through a TV that has our TV App available in their TV App Store) on your ELLAS TV Account at any time for an Extra Monthly Cost,
- or up to four (4) Extra Logins from App(Limited to Mobile Devices) on your ELLAS TV Account at any time for an Extra Monthly Cost,
- and/or a combination of both of the above with a Maximum number of four (4)(when combined) on your ELLAS TV Account at any time for an Extra Monthly Cost
In total a Maximum Number of five (5) concurrent streamings per account/household. Extra Monthly Cost may differ for each option.
- Compatible Devices may be changed by us from time to time.
- ELLAS TV may deny you access to your ELLAS TV Service, or suspend or cancel your ELLAS TV Subscription if you attempt to register and/or de-register an unreasonable number of Devices in one day, or attempt to use the ELLAS TV Service in a household other than the household, the ELLAS TV Subscription was initially registered upon or use the registered additional device(s) or the extra login(s) from App in a household other than the household, the ELLAS TV Subscription was initially registered upon. ELLAS TV may monitor the number of your Registered Devices.
- The quality and availability of the ELLAS TV Service may be affected from time to time by factors that are outside of our reasonable control, such as technical faults in the network of your internet service provider or internet speeds.
- We may upgrade the ELLAS TV Service at any time. For the best experience you must ensure that either your STB or operating system and ELLAS TV Application is updated to the latest version.
- We cannot guarantee the user experience and content will be consistent across every compatible Device. The quality of the display of ELLAS TV content may vary across programs and Devices and will be affected by factors such as your location and the type of internet access you have.
- You will provide us with proof of your identity if we reasonably ask you to do so from time to time.
- Username and Password
- All Services require you to register. We reserve the right to decline to provide access to any of the Services to any person for any or no reason. If you choose to register, you must submit a valid e-mail address, a postal address, a valid credit card during the registration process, and be at least 18 years of age.
- You may only register for a ELLAS TV Subscription (“Subscription”) if you live within a market in which ELLAS TV is available (the “ELLAS TV Market”) and you must register for the Subscription using your residential address. You may only use the Services to receive television signals that are available in your Designated Market. You may not use or attempt to use the Services to access signals that are not available in your Designated Market or register for a Subscription if you reside outside of the ELLAS TV Market, including, without limitation, by providing a false home address, using a business address, by using another person’s login and password or by any other method that misrepresents or conceals your residential address. ELLAS TV reserves the right to verify your residential home address using your Internet Protocol address, your billing information, geo-location and any other information that you, your ISP, or computer system provide to ELLAS TV, as well as any publicly available information.
- Personal Information
- ELLAS TV ensures that we only use your personal information in accordance with the Privacy Act 1988 (Cth).
- Use of the Services
- You may utilize the ELLAS TV Products to access and manage over the air broadcast television signals remotely via the Internet utilizing supported personal devices including smart phones, tablets, personal computers, netbooks and certain other types of devices capable of Internet connection (collectively “Supported Devices”). A list of current Supported Devices is provided to you upon acquisition of the ELLAS TV Product. Such use requires your registration in accordance with section 1 above.
- In connection with your registration, subject to these Terms, ELLAS TV hereby grants you a non-exclusive, non-transferable, limited right to use and control the ELLAS TV Product to access over-the-air broadcast television broadcast content within your Designated Market. “Designated Market,” as used herein, means and is limited to those broadcast channels that are made available to you by ELLAS TV based on your residential address. A list of the available channels in your Designated Market is provided to you upon registration. The right granted to you, as a registered member, in this paragraph does not include, and specifically excludes, any right to view over-the-air broadcast content from outside your Home Market. ELLAS TV does not guarantee reception of any particular channel. The address that you provided in connection with registering on the Site must be your residential address.
- You agree not to circumvent, disable or otherwise interfere with security-related features of the ELLAS TV Product and website or features that prevent or restrict use or copying of any content or enforce limitations on use of the Services.
- Acceptable Use Policy
You agree not to use the Services to take any action(s) that:
- are contrary to ELLAS TV ‘s public image, goodwill, or reputation.
- infringe on ELLAS TV or any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy.
- express or imply that any of your statements, activities or causes are endorsed by ELLAS TV, without our prior written consent in each instance.
- violate any applicable law, statute, ordinance or regulation, or encourage any conduct that could constitute a criminal offense or give rise to civil liability.
- are libellous, defamatory, threatening, harassing, invasive of privacy, abusive, tortious, hateful, discriminatory, pornographic or obscene.
- transmit any trade secret or other material, non-public information about any person, company or entity without the authorization to do so.
- restrict or inhibit any other visitor from using the Services, including, without limitation, by means of “hacking” or defacing any portion of the Services.
- modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of the Services.
- remove any copyright, trademark, or other proprietary rights notices contained in or on the Services and/or any Content.
- sublicense, sell, rent, lease, transfer, assign, or convey any rights under this Agreement to any third party, or otherwise commercially exploit or profit from the Information or content of the Services and/or Content, or any portion thereof, in any manner whatsoever;
- distribute any virus, worm or other similar or deleterious files, scripts or programming routines.
- interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on the infrastructure of ELLAS TV or its licensors or suppliers.
- involve the preparation or distribution of junk mail, spam, chain letters, pyramid schemes, or other deceptive or unsolicited bulk or commercial email, or otherwise violate in any way applicable laws regarding the distribution of pornographic content or representation of violence.
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any submission.
- execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Service’s servers or any data not intended for you; and/or
- harvest or collect information about users or members of the Services without their express consent.
Improper use of the Services and/or Content may result in immediate termination of your access to and use of the Services, and/or civil or criminal liabilities.
- Intellectual property
- The Site and Services contain information about and related to ELLAS TV including advertising, logos, trademarks, pictures, videos, information, digital images, software, testimonials, blog posts, and other content, all of which is and/or may be protected under trademark and copyright law and other federal and state laws. Although ELLAS TV makes the Site accessible, ELLAS TV does not intend to give up its rights, or anyone else’s rights, to the materials appearing on the Site. Except for certain social network features enabled on the Platform as set forth in these Terms, you may not copy (except with respect to personal use of the DVR Equipment in accordance with these Terms), modify, distribute, transmit, publicly display, publicly perform, publish, license, create derivative works from, transfer, or sell any of the material displayed on the Site and/or ELLAS TV App(s).
- ELLAS TV and the ELLAS TV logo (“ELLAS TV Marks”) are trademarks of ELLAS TV or its affiliates. Other trademarks, service marks, graphics, logos and or domain names appearing on the Site may be the trademarks of third parties. This Agreement does not provide you with any right, title and/or interest to reproduce or use the Marks or any third-party trademarks, service marks, graphics, logos and/or domain names. Our trademarks may not be used to identify products or services that are not ELLAS TV’s in any manner likely to cause confusion, in or as a part of your own trademarks, or in a manner that implies that ELLAS TV sponsors or endorses your products or services.
- ELLAS TV does not own the copyrights or any other intellectual property rights in any broadcast television programming, including third party advertisements, that you choose to view using the ELLAS TV Product. ELLAS TV provides only the equipment that allows you to choose to view such programming. You are responsible for ensuring that your use of the equipment to view, record and store television programming complies with the law. Specifically, and without limitation, nothing in these Terms permits you to modify, distribute, transmit, publicly display, publicly perform, publish, license, create derivative works from, transfer, or sell any television programming that you receive using the Equipment. Without limitation on the foregoing, you are specifically prohibited from downloading, making copies of and/or disseminating any over-the air broadcast content that you chose to access using the ELLAS TV Equipment.
- ELLAS TV has and retains exclusive ownership of all right, title, and interest in and to the ELLAS TV Product, Site and Services, together with any improvements, enhancements and/or modifications. Without limiting the foregoing, ELLAS TV retains and does not transfer any and all patents, copyrights, trade secrets and any other intellectual property rights or other legal rights associated with the Site and Services. You acknowledge that your use of the Services may require software that is licensed, sold and/or provided to you by third parties and is included on your supported devices (“Third Party Software”). Notwithstanding any other provision of the Agreement to the contrary, the Agreement shall not be deemed to apply to or govern your use of any Third-Party Software and such Third-Party Software is subject to the terms and conditions of the license agreement between you and the licensor of the Third-Party Software.
- You may not reverse engineer, disassemble, modify, decompile and/or create derivative works of the Services or ELLAS TV Product or in any way derive from the Services or ELLAS TV Product any source code. You agree not to remove, alter, or obscure any product identification, copyright, or other intellectual property notices contained or embedded in or on the ELLAS TV Product or any content that you access utilizing the Services.
- The Services may include third party advertisements. All third-party advertisements and references to third party products, services, companies, television stations, networks, programs, and Web sites on the Site, including screen shots, are for informational purposes only and are not an endorsement, nor a recommendation, nor a representation that ELLAS TV is in any way affiliated with any third party. All third-party trademarks displayed on the Site are the property of their respective owners.
- ELLAS TV makes no representation whatsoever regarding the content of any other Web sites accessible through or from the Site. ELLAS TV has no control over the contents of the Web sites of third parties. A link out to a non-ELLAS TV Web site does not mean that ELLAS TV endorses or accepts any responsibility for the content or use of such Web site or any product, service or other material offered on that site. By using the Services, you expressly relieve ELLAS TV of any and all liability arising from your use of any third-party website.
- ELLAS TV makes no warranties or representations regarding the over-the-air broadcast content or ELLAS TV Programming available through the Site, ELLAS TV App(s), ELLAS TV Equipment and/or ELLAS TV Platform. Without limitation on the foregoing, ELLAS TV does not represent or specify that any content available through your Subscription is appropriate for all ages. ELLAS TV does not separately provide closed captioning, ratings, and/or emergency broadcast warnings.
- Copyright complaints
- ELLAS TV respects the intellectual property of others, and we ask our users to do the same. ELLAS TV will promptly process and investigate notices of alleged infringement on the Site and/or ELLAS TV App(s) and will take actions as appropriate under applicable intellectual property laws with respect to any alleged or actual infringement. If you believe that your work has been “used” in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide our copyright agent with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.
- a description of the copyrighted work or other intellectual property that you claim has been infringed.
- a description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it.
- your address, telephone number, and email address.
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law.
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
- ELLAS TV’s Copyright Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
Ellas TV Inc.
2111 Chestnut Ave.
Glenview IL. 60025
Att: Pavlos Tsamakos
- No Warranty
THE SERVICES, INCLUDING BUT NOT LIMITED TO THE CONTENT, ARE PROVIDED “AS IS”, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, ELLAS TV EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, ELLAS TV MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. ELLAS TV MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED THROUGH THE SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES.
You agree to fully indemnify, defend, and hold ELLAS TV, our licensors, suppliers, agents, successors, and assigns and our and their directors, officers, employees, consultants, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and other expenses that arise directly or indirectly out of or from: (a) your breach of this Agreement; (b) any allegation that any Content you submit to us or transmit to the Services infringes or otherwise violates the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party and/or causes damage to any third party; (c) your activities in connection with the Services or other websites to which the Services are linked; and/or (d) your wilful misconduct or gross negligence. This defence and indemnification obligation will survive this Agreement and your use of the Services.
- Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER ELLAS TV NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES, INCLUDING BUT NOT LIMITED TO THE CONTENT, WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT ELLAS TV HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT ELLAS TV IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, ELLAS TV WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT DOWNLOADED OR OTHERWISE ACCESSIBLE FROM OR THROUGH THE SERVICES. YOU AGREE THAT THE AGGREGATE LIABILITY OF ELLAS TV TO YOU FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THE SERVICES IS LIMITED TO THE AMOUNT YOU PAID TO ACCESS THE SERVICES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ELLAS TV AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
- Term, Termination and violation of the Terms
- This Agreement is effective from the date that you first access the Services or submit any information to ELLAS TV, whichever is earlier, and shall remain effective until terminated in accordance with its terms.
- ELLAS TV may immediately terminate this Agreement, and/or your access to and use of the Services, or any portion thereof, at any time and for any reason, with or without cause, without prior notice. This Agreement will also terminate automatically if you fail to comply with any term or provision of this Agreement. Upon termination of this Agreement by either party, your right to use the Services shall immediately cease, and you shall destroy all copies of information that you have obtained from the Services, whether made under the terms of this Agreement or otherwise. All disclaimers and all limitations of liability and all ELLAS TV rights of ownership shall survive any termination. All of your representations, warranties and indemnification obligations hereunder shall also survive any termination hereof.
- We reserve the right at any time and from time to time to modify, discontinue, temporarily or permanently, the Services, or any part or portion thereof, with or without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services, or any part of portion thereof. Nothing in this Agreement shall be construed to obligate ELLAS TV to maintain and support the Services, or any part or portion thereof, during the term of this Agreement.
- ELLAS TV Subscription, Billing and Cancellation
- Ongoing Subscription. Your ELLAS TV connected devices Subscription, which continue month to-month unless and until you cancel your Subscription, or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) to use the ELLAS TV service. We will bill the monthly Subscription fee to your Payment Method. You must cancel your Subscription before it renews each month in order to avoid billing of the next month’s Subscription fees to your Payment Method. If customer Prepaid for the whole year, due to the promotional discount there will be NO REFUNDS.
- We will begin billing your Payment Method for monthly Subscription fees at the first of the month period of your Subscription unless you cancel prior to the end. We may authorize your Payment Method through various methods, including authorizing it up to approximately one month of service as soon as you subscribe. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your pro rate period.
- We will continue to bill your Payment Method on a monthly basis for your Subscription fee until you cancel.
Recurring Billing. By starting your ELLAS TV Subscription and providing or designating a Payment Method, you authorize us to charge you a monthly Subscription fee at the then current rate, and any other charges you may incur in connection with your use of the ELLAS TV service to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers, including promotional code redemption, and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.
- Price Changes
- Billing Cycle.
The Subscription fee for our service will be billed at the 1stof the month of the paying portion of your Subscription and each month thereafter unless and until you cancel your Subscription. We automatically bill your Payment Method each month on the first calendar day corresponding to the commencement of your paying Subscription. Subscription fees are fully earned upon payment.
- No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our subscribers (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
- Payment Methods.
If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not call to update your Payment Method information or cancel your account (see, “Cancellation” below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
- You may cancel your ELLAS TV Subscription at any time however as soon as you unsubscribe, your services will be terminated. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL MONTH SUBSCRIPTION PERIODS OR UNWATCHED MOVIES OR TV SHOWS. To cancel, please call our billing department.
This Agreement shall be governed by and interpreted in accordance with the laws of Australia, notwithstanding any conflicts of law provisions. The parties specifically disclaim the application of the UN Convention on Contracts for the International Sale of Goods. This Agreement constitutes the entire agreement between the parties with respect to the use of the Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this Agreement will be binding unless in writing and signed by ELLAS TV. If any part of this Agreement is found to be unenforceable, the remainder shall continue in full force and effect and the unenforceable provision shall be reformed so as to give maximum legal effect to the intentions of the parties as expressed herein. Any translation of this Agreement is done for local requirements, and in the event of a dispute between the English and any non-English versions, the English version of this Agreement shall govern.
- Controlling Law and Jurisdiction
- Entire Agreement