TERMS
AND CONDITIONS FOR THE ACCESS TO AND THE USE OF THE WEBSITE
WWW.SATELLITE-TV-PLAYER.COM AND LICENCE AGREEMENT FOR THE
SATELLITE TV MEDIA PLAYER SOFTWARE
The following Terms and Conditions (these
“Conditions”) govern the access to and/or the use of the
website http://www.satellite-tv-player.com and its content
(the “Website”), and the Satellite TV Player Software (the
“Software”) as described below. Any person who uses and/or
accesses the Website (the “User”) thereby indicates that
he/she understands and agrees to these Conditions as set
by the Website and Software owner, Fast Click Corporation
(the “Provider”). Please read these Conditions carefully
as your access to and use of the Website and its Software
means that you have read, understood and accepted, without
reservation, these Conditions.
In some cases, the access to and/or the use of specific
content accessible through the Website may be subject to
specific conditions that complement or modify the present
Conditions. These specific conditions are accessible from
the web page containing the content to which they relate
or are provided when such content is accessed. The specific
conditions will always prevail over these Conditions.
This license supersedes any other agreements, oral or written,
and may not be changed without an express or written agreement.
1. GENERAL
1.1 Through the Website and the web pages
located therein, the User may access, download and/or use
the Software and its related services, including any modifications,
updates, upgrades, enhancements and related documentation
made accessible by the Provider through the Website in accordance
with these Conditions and the Software licence as described
herein. These Conditions govern the use of the Software
and the Website as described herein and constitute a license
agreement between the Provider and the User who indicates
that he/she understands and agrees to these Conditions and
consents to the download, installation and operation of
the Software on his/her computer.
1.2 The User agrees to access and/or use the Website and
the Software in accordance with these Conditions, the relevant
applicable conditions for the use of specific content or
services, applicable law and accepted principles and practices,
indemnifying the Provider and any third parties for any
loss or damage that may be caused by the User as a result
of breaching these obligations.
2. PERSONAL DATA PROCESSING
If in some cases it is necessary to provide
some personal data (e.g. by filling a registration form)
in order to purchase and/or use the Software or specific
content, the processing of such data will be carried out
in accordance with the Provider's Privacy Policy and the
applicable Data Protection laws. Please refer to the Provider’s
Privacy Policy article for more information.
3. SOFTWARE LICENCE
3.1 In accordance with these Conditions, the
Provider makes accessible through the Website its software
called “Satellite TV Media Player” (the “Software”). The
User can download the Software from the Website and install
it on his machine. The Software is a desktop application
tool (internet media player) that allows the User to watch
and/or listen to media streams (TV, Radio, Videos, etc.)
broadcasted over the Internet. The Software represents a
directory of external sources which may be updated each
time the User connects to the Internet. The Provider does
not provide any of the media streams or any other audiovisual
content and so does not endorse any of such media services
(e.g. broadcasting or producing audiovisual content, etc.).
The User is free to select and play any media stream and
TV channel present in the Software channel list under his/her
own responsibility. The User may request some media streams
to be added to or removed from the Software by contacting
the Provider by email and / or filling out the necessary
web form generated by the Software User Interface. The Provider
may add or remove such streams at its sole discretion. The
Provider may or may not add / review the requested content
at its sole discretion, and he reserves the right to remove
any media streams at any time, for any reason, and without
providing prior notice.
3.2. The media streams linked by the Software are not under
the Provider’s control and the Provider does not assume
any responsibility or liability for any communications or
materials available at such linked sites. The Provider makes
no warranty, representation or guarantee as to the content,
sequence, accuracy, timeliness or completeness of the media
streams accessible through the Software. The Provider makes
no warranty, representation or guarantee that the media
streams accessible through the Software will be uninterrupted
or error free or that any defects can be corrected. The
Provider cannot accept responsibility for the contents of
any linked media stream. The existence of a link does not
imply any endorsement or recommendation of the organization
or the information or views which may be expressed in any
linked media stream. Although the links of the Software
are regularly monitored and revised by a dedicated Content
Management Team, the Provider cannot guarantee that these
links will operate consistently and he has no control over
the availability of the linked pages.
3.3. The media streams linked by the Software may or may
not contain adult content not suitable for children under
the age of 18. By accepting this agreement, the User agrees
and verifies to be of mandatory legal ages to view such
material or parental consent has been agreed upon. Users
may not hold the Provider responsible for any damage incorporated
with the material provided by this software, even if such
material was foreseeable.
3.4 The User may install a registered copy of the Software
up to a pre-set number of PCs accordingly to the type of
license he purchased (license valid for 1 PC, 2 PC, 3 or
more PC). The User will benefit of the registered copies
of the Software for private, non-commercial use only. All
other use is prohibited.
3.5 The User’s membership to the Member’s Area (with related
services) is strictly personal and may not be assigned or
transferred. Sharing or distributing user names or passwords
will result in immediate termination of the service. The
material on the Website is for private, non-commercial use
only. All other use is prohibited.
3.6 This Software License is granted for the User’s private
use only. No User or any other person may modify, manipulate,
transform, copy or reproduce in any non-transitory form,
publish, disclose, extract, imitate, create derived concepts,
decompile, decode, reverse engineer, transfer, transmit,
rent out, distribute, license, sublicense, sell or otherwise
deal with the Software or any of the rights granted under
this License except with the express written authorization
of the Provider. In any case, it is forbidden to circumvent,
delete or manipulate the copyright, digital fingerprints,
watermarks or other technical protection devices or data
identifying the Provider's or its licensors' rights in the
Software.
3.7 The proper use and functioning of the Software may require
the User to upgrade the Software from time to time to better
enjoy the latest features of the Software functionalities.
The User hereby is responsible for accessing the Member’s
Area of the Webiste, download and install the new Software
version and upgrade the Software functionalities by his
own (e.g. enabling the internet connection, etc.) in accordance
with these Conditions and the Provider’s instructions. The
User accepts that these Conditions, including any future
variations thereto, will apply to the Software and any upgrades
thereof. Notwithstanding the foregoing, the Provider will
not be obliged to upgrade the Software nor update its audiovisual
Content in any way.
3.8 The Provider makes no warranty and/or representation
that the Software will meet the User’s requirements or expectations
or that the media content provided (number, availability
and nature of video content, etc.) will be uninterrupted
or error free.
4. OWNERSHIP RIGHTS
4.1 The Website and the Software are protected
by the United and other copyright laws, international treaty
provisions and other applicable laws in the Countries in
which it is being used. The Provider and its suppliers own
and retain all Rights, title and interest in and to the
Website and the Software, including all copyrights, patents,
trade secret rights, trademarks and other intellectual property
rights therein. The possession, installation, or use of
the Software does not transfer the User any title to the
intellectual property of the Software, and the User will
not acquire any right to the Software except as expressly
set forth in this Agreement.
4.2 The User may not sell, lease, licence, assign, rent,
loan, resell or otherwise transfer, share, sub-license the
Software with or without consideration. The User may not
reverse engineer, decompile, merge or disassemble the Software
in any way. The User may not modify, or create derivative
works based upon, the Software in whole or in Part. The
User shall not copy the Software nor its documentation in
any way.
4.3 The User may not permit Third Parties to benefit from
the use or functionality of the Software via a timesharing,
service bureau or other arrangement. The User may not remove
any proprietary notice or label placed on the Software.
All rights not expressly set forth hereunder are reserved
by the Provider. The User may not back up electronic/digital
content. A back up copy is safely stored in the Member’s
Area of the Website. The User may not use the Software for
any illegal purposes.
5. DISCLAIMER OF WARRANTIES
5.1 The User expressly agrees that the use
of the Software is at his own sole risk. The Software is
provided on an "as is" and on an "as available"
basis. We do not make, and hereby disclaim, any representations
or warranties regarding the Software, the Website and its
Content or any portion thereof, either express, implied
or statutory, including (without limitation) implied warranties
of merchantability, fitness for a particular purpose or
non-infringement of any third party rights. In particular,
we don’t make any download speed performance guarantee and
we do not guarantee the availability of any specific media
stream or tv channel.
5.2 The User assumes any and all risks incorporated in downloading,
installing, and using this Software. The user hereby agrees
that the Provider will not be liable for direct, indirect,
special or consequential damages or any loss of revenue,
profits or data arising in connection to the use of the
Website, the Software and their Content even if the Provider
has been advised of the possibility of such damages. Furthermore,
the Provider’s aggregate liability arising with respect
to this agreement will be limited to the product replacement
or to the refund of the initial purchase price according
to the terms of the refund policy set forth in this agreement.
The User agrees that the Provider shall not be liable to
the User or to any third party for any of the direct or
indirect consequences of any modification, suspension, discontinuance
of or interruption to the service, including but not limited
to the inability to access and play certain tv channels
or video streams.
5.3 The Provider will make reasonable efforts to keep the
Website and Software operational. However, possible technical
difficulties or routine Website maintenance and upgrades
may, from time to time, result in temporary service interruptions.
The Provider also reserves the right at any time and from
time to time to modify or discontinue, temporarily or permanently,
functions of the Software with or without notice. The User
agrees that the Provider shall not be liable to him or to
any third party for any of the direct or indirect consequences
of any modification, suspension, discontinuance of or interruption
to the service provided by the Website and the Software.
6. TERMINATION
6.1 The User agrees that the Provider in its
sole discretion may terminate this Agreement, the User’s
Website ID, password, account (or any part thereof) or use
of the Software for any reason including, without limitation,
when the Provider believes that the User has violated or
acted inconsistently with this Agreement. The Provider may
also in its sole discretion and at any time discontinue
providing the Service, or any part thereof, with or without
notice. The User agrees that any termination of the User’s
access to the Website or Software content under any provision
of this Agreement may be effected without prior notice,
and acknowledges and agrees that the Provider may immediately
deactivate or delete his account and/or ban him from any
further access to the Website, Software and related content.
Termination shall not relieve the User of any obligations
to pay accrued charges. The User agrees to destroy any and
all copies of this software upon termination and in accordance
with law.
7. PRIVACY POLICY
7.1 The Provider fully respects the User’s
right to privacy and will not collect any personal information
about the User without his clear permission. Any personal
information which the User volunteers to the Provider will
be treated with the appropriate standards of security and
confidentiality. The Provider is dedicated to protect the
User's privacy. This privacy statement explains our privacy
practices for the Website. The Provider believes it is important
that Users are fully knowledgeable about the use of their
personal information. By using the Website and/or purchasing
the Software, the User expressly consents to the terms of
this policy.
7.2 The Provider allows the User to visit the Website without
revealing any personal information about himself. The User’s
visit to the Website is completely anonymous. The Provider
will only collect the User’s personal information only if
the User intentionally fills out the purchase web forms
available at the “Join Now” webpage. The User gives permission
to the Provider to use these data for the sole purpose of
processing orders through the Website or offering a free-of-charge
trial version of the Software in compliance with this policy.
The User’s financial information may be retained by the
Provider’s billing provider as a record of any transaction
the Provider undertakes with the User. If the User makes
a purchase from the Website, the User will be asked to provide
his First Name, Last Name, Email, Country, Zip or Postal
code, City, Address, Phone, Card holder name, Card number,
Card expiration date, CVV2. The Provider and / or the Provider’s
billing provider will use such information only for processing
the User’s order and to send important Product Specific
Information such as Purchase Receipt, Invoice or Software
Activation key. The information the User provides will not
be sold, rented, leased or otherwise forwarded to any third
party. The Provider does not distribute or share the User’s
personal information beyond what is strictly necessary to
fulfill the Provider’s obligations towards the User upon
purchase. The Provider may provide your personal information
if necessary, in the Provider’s good faith judgment, to
comply with laws or regulations of a governmental or regulatory
body or in response to a valid subpoena, warrant, or order
or to protect the rights of the Provider himself or others.
7.3 Cookies are identifiers that a web site can send to
your browser to keep on your computer in order to facilitate
your next visit to the site. The use of cookies is an industry
standard, and many web sites use them. The Website does
not use cookies that persist on your hard-drive. The Website
does use dynamic, non-intrusive session cookies, which reside
in your browser's memory only for the duration of the User’s
session, to assist in the ordering and purchasing process.
The Website also uses data collected through session cookies
for the purpose of identifying the source of traffic (which
ad or link the User used to reach the Website), and general
patterns of activity on the Website. No personally identifiable
information is stored in this cookie. The Provider uses
this data to better understand what services and support
is valuable to its customers, and how he can continue to
provide the best online experience possible to Users.
7.4 The Website provides links to external websites. The
Provider does not monitor or control the content of such
web sites or whether such web sites collect or process your
personal data. When you click on one of those links, you
leave the Website environment and enter linked sites/pages
that the Provider does not control and for which the Provider
cannot be responsible. The Provider assumes no liability
whatsoever for any kind of material available at such sites
and recommends that the User should review their separate
privacy policies and practices.
7.5 By using the Website or any product provided through
the web site, the User expressly consents to the use and
disclosure of information as described in this Privacy Policy.
The Provider may occasionally update this Privacy Policy.
Any changes will be posted to the Website, so the Provider
encourages the User to continuously review the Website’s
Privacy Policy. All Privacy Policy changes will take effect
immediately upon their posting on the Website. The User’s
continued use of the Website will indicate the User’s acceptance
of these changes.
8. PAYMENTS
8.1 The User’s account will be considered
delinquent if the User’s credit card company or bank refuses
for any reason to pay the amount billed upon purchase. The
User agrees to pay the Provider all reasonable attorneys
fees and collection agency costs incurred by the Provider
to collect any past due amounts.
8.2 The User is responsible for obtaining and maintaining
all needed computer hardware, software, firewall configurations
and communication equipment to operate the Software. The
Provider makes no claim to ownership or other control or
rights to any software recommended by the Software. None
of the fees entitles the User, as a Purchaser, to any ownership,
licensing rights or recourse with regard to the use of the
software other than the rights offered by the Software owner
or licensors.
9. REFUND POLICY
9.1 Before purchasing Satellite TV Media Player,
the Provider invites the User to read and fully understand
the Refund Policy governing all transactions made through
the Website. By completing the purchase the User unconditionally
agrees to this Refund Policy and its Terms and Conditions.
9.2 Since the Software is non-tangible irrevocable goods,
the Provider does not issue refunds once the order is completed
and the product is delivered. As a customer, the User is
responsible for understanding this upon purchasing any item
from the Website. However, the Provider realizes exceptional
circumstances can take place and thus he will grant a full
refund (“special 7 day guarantee”) in the following cases:
1. NON-DELIVERY OF THE PRODUCT: the User fully understands
that the Provider’s system automatically emails the User
a software registration key after the order is complete.
This means that the registration key will be provided via
email only after the User's payment is successfully received
by the Provider. Sometimes it may happen the software activation
email gets lost for reasons not necessarily dependent from
the Provider (User’s firewall configuration, internet connectivity,
email system delays, etc.). In order to better service its
clients and give a timely response to every problems, the
Provider guarantees a full refund in case the User verifies
with his Financial Institution that the payment actually
went through, then he informs the Website’s Customer Support
about the “non-delivery of the product” (eg. the registration
key has not been emailed) and the Provider fails to provide
such registration key within 24 hours from the time of the
User's notification (Sundays are not counted being the offices
closed).
2. TECHNICAL IRREPARABLE DEFECTS AND / OR GRAVE DIFFICULTIES
WITH THE PRODUCT: although the Software is thoroughly tested
before its release, unexpected errors may occur. In a case
like this, the User must first report the technical problem
to the Website’s Customer Support. It is necessary the User
provides a full description of the technical problem (for
example, we recommend the User to add error codes, error
text lines, screen shots or detailed description of the
bug or corrupt functionality) along with his notification
of “technical irreparable defect and / or grave difficulties
of the product”. Under no circumstance, the User will be
entitled to any billing arrangement if he does not provide
a detailed description of the problem and / or he does not
cooperate with the Website’s Customer Support. Once the
Provider has verified the problem is related to a technical
defect of the Software and not to the User’s improper use,
the Provider will refund the purchase for its full amount
in case he fails to fix the technical defect within 2 days
(48 hours) from the time of the User’s notification. NOTE:
This last category does not cover Operating System compatibility
issues. As a consumer, the User is responsible for validating
the compatibility of the Software before placing an order
with the Provider. The technical and operative system requirements
are published on the Website. The Provider invites all Users
to check all system requirements before placing an order.
NOTE: By purchasing the Software, the User fully understands
that the Software is a channel directory that indexes available
TV, Radio, Video and Movie streams. Therefore channel availability
is not guaranteed and may change from time to time. The
User also acknowledges that the Provider does not issue
refunds if the refund request is not motivated or else it
is related to the nature, video quality, lack or temporary
unavailability of any specific channel, movie, TV show,
Sport event.
9.3 While the Provider is willing to consider other circumstances,
the User acknowledges that in order to protect the integrity
of the Provider’s offerings, all other refund requests will
be dealt with on a case-by-case basis without guarantee.
9.4 If the User is eligible for a refund (non-delivery,
technical irreparable defects or grave difficulties), he
must contact the Provider within the first 7 days from the
date of his purchase in order to setup any sort of billing
arrangement. The User has to make sure his refund request
is in line with the above Conditions. The Provider’s Billing
Department will examine each application within 24 hours
and it will reply to the User in the next 48 hours to notify
whether the refund request is compliant with these Conditions.
Once the refund request is approved, the User will receive
an email confirming the payment has been reversed and his
credit card (or bank account) has been credited for the
full amount of the purchase. The credit will appear up to
14 business days later in the User’s account statement.
NOTE: Refunds will be made in the same manner as the User
purchased the Software. For example, if he purchased the
Software by credit card, the credit card account will be
credited.
9.5 The Provider will refund the User only for the amount
paid for the Software plus any appropriate taxes charged
with that order.
10. GOVERNING LAW AND JURISDICTION
10.1 This Agreement and the obligations of
the parties hereto shall be governed by and construed in
accordance with the laws applicable in the Republic of Panama,
excluding any conflicts of law dispositions.
10.2 Each party agrees (i) that any dispute, including but
not limited to any difference, claim, counter-claim, controversy,
action or proceeding relating to this Agreement shall be
brought in any court of competent jurisdiction in the Republic
of Panama, and for that purpose now irrevocably and unconditionally
attorns and submits to the jurisdiction of such court; (ii)
not to oppose any such action or proceeding on the basis
of forum non conveniens or for any other reason; and (iii)
not to oppose the enforcement against it in any other jurisdiction
of any Order duly obtained from such court as contemplated
by this section.
11. MISCELLANEOUS
11.1 The failure of either party to exercise
in any respect any right provided for herein will not be
deemed a waiver of any further rights hereunder. If any
provision of this Agreement is found to be unenforceable
or invalid, that provision will be limited or eliminated
to the minimum extent necessary so that this Agreement will
otherwise remain in full force and effect and enforceable.
In any action or proceeding to enforce rights under this
Agreement, the prevailing party will be entitled to recover
costs and reasonable attorneys fees.
12. MODIFICATION
12.1 The Provider reserves the right to change
these terms and conditions from time to time at its sole
discretion, without prior notice, by posting such revised
terms and conditions on the Site. It is the User’s obligation
to routinely review these terms and conditions and the User’s
continued use of the Website following any such change (whether
or not the User has reviewed such change) constitutes a
binding acceptance to follow and be bound by the terms and
conditions as changed.
13. SUPPORT
13.1 You can contact the Provider’s Customer
Support by email. Under no circumstances will the Provider
have any obligation to provide you with hard-copy documentation,
upgrades, enhancements, modifications or phone support.
In the Website the User will find clear contact details
to which he can submit his questions, FAQ pages that answer
all common issues and, if he does not find his answers there,
the Provider’s Customer Support will make any effort to
solve any problem within two business days.
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