Terms and Conditions
2. Other applicable terms
Please be aware that these terms relate to use of the Service, apps and any of the HoolaTV services.
3. Changes to any terms
4. Changes to the service
We may update the Service from time to time and may change the content or services provided at any time. However, please note that any of the content on the Service may be out of date at any given time and we are under no obligation to update it. We do not guarantee that the Service, or any content on it, will be free from errors or omissions.
5. Accessing the service
Where provided and on a discretionary basis, HoolaTV FREE Service is made available without charge.
We do not guarantee that the Service, or any content on it, will always be available or be uninterrupted. Access to the Service is permittedon a temporary and discretionary basis. We may suspend, withdraw, discontinue or change all or any part of the Service without notice. We will not be liable to you if for any reason the Service is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to the Service.
6. Account and Password
8. Intellectual Property Rights
The Service provides a spaceshifting (also known as placeshifting) facility whereby users remotely access their own individual apparatus for the reception of content and for viewing at their own location for private and domestic purposes. The Service is provided on a one to one basis and does not make available content to any public, broadcast, stream or copy content.
The intellectual property rights in all content remain that of their owners, over which we have no control. Users of the Service are required to comply with all copyright obligations imposed by the providers of such content.
Any identification of any specific content provider is used in a descriptive capacity, only, and does not constitute representation of any content provider, the existence of any relationship between ourselves and any content provider or any licence or authority of any content provider. We acknowledge their ownership of any and all copyright material and their respective trademarks.
9. No Reliance on Information
The content on the Service is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action based on the content on the Service. Although we make reasonable efforts to update the information on the Service, we make no representations, warranties or guarantees, whether express or implied, that the content on the Service is accurate, complete or up-to-date.
10. Limitation of Liability
- use of, or inability to use, the Service; or
- use of or reliance on any content displayed on the Service.
- Business or commercial use being prohibited, If you are a business user, please note that in particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
- Summary termination of Service for breach of these terms
If you are a consumer user, please note that we only provide the Service for domestic and private use. You agree not to use the Service for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect the computer equipment, computer programs, data or other proprietary material due to the use of the Service or to the downloading of any content on it, or on any Service linked to it. We assume no responsibility for the content of Services linked on the Service. Such links should not be interpreted as endorsement by us of those linked Services. We will not be liable for any loss or damage that may arise from the use of them. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any services by us to you, which will be set out in the HoolaTV Terms and Conditions of Use for the HoolaTV Services.
We do not guarantee that the Service will be secure or free from bugs or viruses. You are responsible for configuring the information technology, computer programmes and platform to access the Service. You should use the own virus protection software. You must not misuse the Service by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Service, the server on which the Service is stored or any server, computer or database connected to the Service. You must not attack the Service via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing the identity to them. In the event of such a breach, the right to use the Service will cease immediately.
12. Linking to the site
You may link to the home page, provided you do so in a way that is fair and legal and does not damage the reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on the part where none exists. You must not establish a link to the Service in any Service that is not owned by you. The Service must not be framed on any other Service, nor may you create a link to any part of the Service other than the home page. We reserve the right to withdraw linking permission without notice. The Service in which you are linking must comply in all respects with the content standards set out in the Acceptable Use Policy. If you wish to make any use of content on the Service other than that set out above, please contact email@example.com
13. Third-party links and resources in the site
Where the Service contains links to other sites and resources provided by third parties, these links are provided for the information only. We have no control over the contents of those sites or resources.
14. Applicable law
HoolaTV trademarks applied for
16. HoolaTV Free Channels and Ultimate Service
HoolaTV Ultimate is a low-cost placeshifting (as defined under definition) subscription service that provides the customers with the tools to view their content via live channels over the Internet to certain Internet-connected mobiles, tablets, computers and other devices.. These Terms and Conditions govern the use of the service. As used in these Terms and Conditions, "HoolaTV service", "the service" or "the Service" means the service provided by HoolaTV for discovering and watching TV channels, including all features and functionalities, website, and user interfaces, as well as all content and software associated with the service.
The HoolaTV membership service will continue month-to-month until terminated. Unless you cancel the membership before the monthly renewal date, you authorize us to charge the next month's membership fee to the Payment Method (see "Cancellation" below). To use the HoolaTV service you must have Internet access and a HoolaTV Supported Device, and you must provide us with a current, valid, accepted method of payment, which you may update from time to time ("Payment Method"). You can find specific details regarding the membership with HoolaTV by visiting the website and clicking on the "My Account" link available at the top of the pages of the http://www.hoolatv.com website (the “HoolaTV Website”).
18. Free Trials
- a. The HoolaTV membership may start with a trial. The Trial Period of the membership lasts for 7 Days, or as otherwise specified during sign-up and is intended to allow new members and certain former members to try the service. You will be notified during sign-up whether you are eligible for a trial.
- b. We will bill the Payment Method for the monthly membership fee in advance at the end of the trial period unless you cancel the membership prior to the end of the trial period. To view the monthly membership price and end date of the trial period, visit the HoolaTV Website and click the "Billing" link on the "My Account" page. You will not receive a notice from us that the paid membership has begun.
- c. Not all channels are available during the free trial period. The channels that are unavailable during the free trial period may be changed at any time without notice.
- d. The all free service remains free but limited provide discretionary access to selected channels
- a. Billing Cycle. The membership fee for the service will be billed in advance on a monthly basis to the Payment Method on the calendar day corresponding to the commencement of the paid membership. In some cases, the timing of the billing may change, for example, if the Payment Method has not successfully settled. Visit the HoolaTV Website and click on the "Billing " link on the "My Account" page to see the next payment date.
- b. Payment Methods. You can change the Payment Method by visiting the HoolaTV Website and clicking on the "My Account" link. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not change the Payment Method or cancel the account, we may suspend the access to the service until we have obtained a valid Payment Method. You authorize us to continue billing the Payment Method, as it may be updated and you remain responsible for any uncollected amounts. This may result in a change to the payment billing dates. For certain Payment Methods, the issuer of the Payment Method may charge you a foreign transaction fee or other charges. Check with the Payment Method service provider for details [N1] [DW2]. http://www.bbc.co.uk/news/business-40648641
- c. Cancellation. You can cancel the HoolaTV membership at any time, and you will continue to have access to the service through the end of the monthly billing period, except if you are in the Trial Period, in which case we may end the access to the service immediately. We do not provide refunds or credits for any partial-month membership periods or unwatched TV channels. To cancel, go to the "My Account" page on the HoolaTV Website and follow the instructions for cancellation. If you cancel the membership, the account will automatically close at the end of the current billing period. To see when the account will close, click "Billing " on the "My Account" page. If you signed up for HoolaTV using the account with a third party (for example, using an online store or retailer ) as a Payment Method and wish to cancel the HoolaTV membership at any time, including during the Trial Period, you may need to do so through such third party, for example by visiting the account with the applicable third party and turning off auto-renew, or unsubscribing from the HoolaTV service through that third party. You may also find billing information about the HoolaTV membership by visiting the account with the applicable third party.
- d. Changes to the Price and Service Plans. We may change the service plans and the price of the service from time to time; however, any price changes or changes to the service plans will apply to you no earlier than 1 month following email notice to you.
- a. You must be 18 years of age to become a member of HoolaTV. Minors may only use the service under the supervision of an adult.
- b. The HoolaTV service and any content viewed through the service are for the personal and non-commercial use only. During the membership, we grant you a limited, non-exclusive, non-transferable, license to access the spaceshifting service and view your TV channels. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the service for public performances and agree not to record, or attempt to record, the TV channels.
- c. You may view your TV channels through the HoolaTV placeshifting service primarily within the country in which you have established the account and only in geographic locations where we offer the placeshifting service to enable your one to one access to your TV channels. The content that may be available to watch will vary by geographic location and will change from time to time.
- d. The number of devices on which you may simultaneously watch depends on the chosen subscription plan and is specified on the "My Account" page.
- e. You agree to use the HoolaTV service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein within the region in which you are situated. You agree not to archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms and Conditions) content and information contained on or obtained from or through the HoolaTV service. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the HoolaTV service; use any robot, spider, scrape or other automated means to access the HoolaTV service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the HoolaTV service; insert any code or product or manipulate the content of the HoolaTV service in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the HoolaTV service, including any software viruses or any other computer code, files or programs. We may terminate or restrict the use of the service if you violate these Terms of Conditions or are engaged in illegal or fraudulent use of the service. The decision to terminate or restrict the access to the service is final and no refunds will be given where you are in breach, or suspected to be in breach, of the Terms and Conditions.
- f. The quality of the display of the placeshifting TV channels may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as the location, the bandwidth available through and/or speed of the Internet connection. The minimum connection speed for SD quality is 1 Mbps; however, we recommend a faster connection for improved video quality. HD availability is subject to the Internet service and device capabilities. Not all TV channels are available in HD and not all subscription plans allow you to receive HD content. A download speed of at least 5.0 Mbps per stream is recommended to receive HD content, which is defined as 720p or better. You are responsible for all Internet access charges, including charges on 3G/4G. Please check with the Internet provider for information on possible Internet data usage charges. The time it takes to begin watching a TV channel will vary based on several factors, including the location, available bandwidth at the time, wi-fi or domestic network conditions (if relevant), the TV channel you have selected and the configuration of the HoolaTV Supported Device.
- g. All HoolaTV software is developed by, or for, HoolaTV and is designed to enable spaceshifting of your content from HoolaTV through HoolaTV Supported Devices. This software may vary by device and medium, and functionalities may also differ between devices. You acknowledge that the use of the service may require third party software that is subject to third party licenses. You agree that you will automatically receive updated versions of the HoolaTV and related third-party software. If the HoolaTV Supported Device is sold, lost or stolen, please deactivate the HoolaTV Supported Device. If you fail to log out or deactivate the device, subsequent users may access the HoolaTV service through the account and may be able to access certain of the account information and you may still be charged. To deactivate a device, follow the instructions on the "My Account" page.
h. You agree to use the HoolaTV service, which will include some placeshifting access of content or channels which are restricted (blacked out or unavailable) to view or watch on one or all platforms.
20. Passwords & Account Access
- a. The member who created the HoolaTV account and whose Payment Method is charged (the "Account Owner") has access and control over the HoolaTV account. To maintain control over the account and to prevent anyone from accessing the account (which would include information on viewing history for the account), the Account Owner should not reveal the password nor the Payment Method details (e.g., last fthe digits of their credit or debit card, or their email address if they use PayPal) associated with the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to the account.
- b. You should be mindful of any communication requesting that you submit credit card or other account information. Providing the information in response to these types of communications can result in identity theft. Always access the sensitive account information by going directly to the HoolaTV Website and not through a hyperlink in an email or any other electronic communication, even if it looks official. We can terminate the account or place the account on hold to protect you, HoolaTV or the partners from identity theft or other fraudulent activity.
21. Governing Law
22. Third-Party Applications
23. Unsolicited Materials
HoolaTV does not accept unsolicited materials or ideas for TV channels, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to HoolaTV.
24. Customer Support
To find more information about the service and its features or if you need assistance with the account, please visit the HoolaTV Help Center on the website (http://hoolatv.com/support). In certain instances, Customer Service may best be able to assist you by using a remote access support tool through which we have full access to the computer. If you do not want us to have this access, you should not consent to support through the remote access tool, and we will assist you to the best of our ability through other means. In the event of any conflict between these Terms and Conditions and information provided by Customer Support or other portions of the website, these Terms and Conditions will take preference.
If any provision or provisions of these Terms and Conditions shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
26. Changes to Terms and Conditions.
HoolaTV may, from time to time, change these Terms and Conditions. We will notify you at least 1 month before these new Terms and Conditions apply to you.
27. Electronic Communications
We will send you information relating to the account (e.g. payment authorisations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to the email address provided during registration.
28. Contact Us
To contact us, please email firstname.lastname@example.org. HoolaTV, 306 Victoria House, Mahe, Victoria, Seychelles. Tel: +1 516 858 2568.
Definition - PLACESHIFTING SERVICE
HoolaTV provides a “Spaceshifting” service via its licenced platform, to enable its customers to access, via a One to One service, the customers content, anywhere in the world that HoolaTV is able to provide its Placeshifting service to its customer.
Hoola TV placeshifting service is provided and allows members to remotely access their content via an Online portal and view in another location or country, via the internet, and to view content as it is broadcast at that remote location. The term “Spaceshifting” is synonymous with placeshifting, having an identical meaning, defined in Wikipedia as follows:
Space shifting (or spaceshifting), also known as place shifting (or placeshifting), allows media, such as music or films, which is stored on one device to be accessed from another place through another device. Space shifting is frequently done through computer networks, for example by viewing a television broadcast from a Wi-Fi equipped set-top box on a WiFi equipped notebook...
A practical purpose of placeshifting is to avoid copyright infringement claims, as when viewing content through The Slingbox or similar consumer electronics.
The concept is not unique, TV2Me, Sony's Location Free Player, Plex, Slingbox and Monsoon Media have all produced variations of the spaceshifting service, albeit that they have been purely hardware implementations for installation in domestic premises. HoolaTV’s service using the Spaceshifting technology offers identical services using advanced processes in conjunction with cloud processing and IAAS (Infrastructure as a Service) technology