1. Ownership of Site, Content and Intellectual Property
1. The Site is owned and operated by Twiated sky limited, Global Gateway 8, Rue de la Perle, Providence, Mahe, Seychelles. (Hereinafter "Owner").
2. Any Content as defined herein, appearing or made available through the Site is owned or licensed by OWNER or its Licensors and is protected by applicable copyright laws.
3. The Site, the Content and any other intellectual property appearing included or embedded in the Site ("Intellectual Property") are owned by OWNER and/or its affiliates and or its licensors and/or third party Content providers of the site (hereinafter "Content Providers"), and are protected by all applicable domestic and international intellectual Property laws.
4. The User may not record, copy, distribute, publish, perform, modify, download, transmit, transfer, sell, license, reproduce, create derivative works from or based upon, post, publicly display, frame, link, or in any other way exploit or use any of the Content or Intellectual Property.
5. ziuriu.tv is a trademark and service mark belonging to OWNER and may not be used without the written authorization of OWNER. Any rights not expressly granted to the User are reserved.
7. OWNER has the right to modify, suspend discontinue or withhold the use of the Site or any portion thereof at any time and to any geographical location, including the availability of any area of the Site and availability of any Content and other features of the Site.
8. OWNER may also impose limits on certain features and services of the Site or restrict your access to parts or all of Site or the Content without notice or liability.
9. Some of the Content available on the Site is owned by third parties and is available subject to agreements with the rights holders (hereinafter "Third Party Content). In the event that the right holders of Third Party Content decline to make some or all of their Content available to some or all of our Users, you will not be entitled to any compensation and your only redress shall be the cancellation of your subscription under the terms of s. 11.4.
10. Any rights not expressly granted to the User are reserved.
2. Use of the Site
2.2 In order to access the Site you must have any of latest web browsers and latest flash player installed.
2.4 OWNER makes no representation or warranty that the use of the Site or the Content are, appropriate or available for use in all geographic locations. You understand that you use the Site at your own risk and that you are solely responsible for compliance with any and all local laws, if and to the extent local laws are applicable.
2.5 The Site is intended for entertainment purposes only. The Site and the Content may not be relayed upon to be factually correct, broadcasted live, complete or objective.
ALL INFORMATION AND CONTENT ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, AS TO THEIR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS.
2.6 Using the Site and viewing the Content requires a personal computer conforming to the minimum specification published in the Site, and a Broadband Internet Connection. (Hereinafter the "Hardware"). The user is responsible for securing and maintaining the Hardware and must bear any costs or payments associated with the Hardware
3. Paid Access to "Premium Content"
3.1 Certain Content on the Site, ("Premium Content"), is available only to users who pay OWNER an access or subscription fee (hereinafter "Subscription" and "Access Fee").
(a) Premium Content may include live TV channels, movies or other Content supplied by OWNER and other Content providers are available to Users who will Pay OWNER the monthly subscriber fee set by OWNER.
(b) Premium Content may also include one-off broadcasts, Pay per View (P.P.V) and Video On Demand (V.O.D) Content which shall be provided to User against a onetime payment to OWNER and shall be available to be viewed one time only or for a limited period.
(c) OWNER may at any time, decide at its sole discretion, and without the need to provide prior notice, to (a) convert Free Content into Premium Content and vice versa (b) offer to some users or classes of users Premium Content as Free Content etc'. No Subscription or Access fees paid for Premium Content shall be refunded to any User and no credit shall be given to any User as a result of OWNER offering as Free Content materials previously available as Premium Content, and vice-versa.
4. No Unauthorized Use of the Site
4.2 unauthorized use shall be deemed to include any of the following:
(a) Use of the Site in any manner that violates any applicable local, state, national or international law or governmental regulation, policy procedure or ordinance.
(b) Causing or permitting or authorizing any modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Site or the Content.
(c) Causing or permitting or authorizing any modification, interference, defamation or negative impact on the Site or the Content.
(d) Using any type of codes or instructions, such as but not limited to a Bot, spider, virus, worm, Trojan-horse etc for the purpose of monitoring or gaining unauthorized accesses to the Site, the Content and any personal date of other user.
(e) Attempting to defeat or overcome any encryption and/or other technical protection methods implemented by OWNER with respect to the Site and/or the Content and meant to gain unauthorized access to the Site, the Content and the Premium Content.
5. Payment of Subscription and Access Fees.
In order to access Premium Content you must purchase from OWNER subscription or a onetime Access Fee.
5.1 Payment of the Subscription or Access fee shall be done by internationally valid credit or debit card accepted by OWNER or by any other method acceptable to OWNER.
5.2 One time access fees for P.P.V or V.O.D shall be charged at the time of ordering the P.P.V or V.O.D Premium Content.
5.3 OWNER reserves the right to increase or decrease Access and Subscription Fees, or to institute new fees at any time, upon reasonable notice posted in advance on this Site.
5.4 OWNER reserves the right to offer different pricing and Content to specific users or classes of Users, based upon, geographical location, marketing efforts, and other considerations.
5.5 Payment of any renewal of your subscription shall be calculated in accordance with the rates effective at the date of payment as were published by OWNER on the Site.
5.6 In the event OWNER cannot charge your credit/ debit card, for whatever reason, your access to Premium Content shall be terminated.
6. Cancelation of Subscription by the User and Refund policy.
6.1 You may elect cancel your subscription at any time by sending a "Cancelation Request" to our Billing Support Team via E-Mail (email@example.com).
6.2 Cancelation requests shall be processed within 72 hours and a confirmation of your cancelation shall be sent to your e-mail address as provided to OWNER.
6.3 Please note that even once you cancel your subscription for any reason, it will not actually expire until the subscription period is completed, and that you will continue to have access to the Site and any Premium Content to which you subscribed, even if you cancel your subscription prior to the end of such period. OWNER will NOT provide you with any refund for the current period.
6.4 If buyer is unhappy with service provided he can request full or partial refund of money he has paid for the service. In case there is proof of faulty service (like complains to the support, or log details) such request would be granted. However, if buyer has canceled subscription only because he wishes not to use this service any more, no refund will be given for the left time of the period.
v7. Password and confidentiality
7.1 Upon registering to the Site, you shall receive a unique user name and password. You must use your unique user name and password each time you wish to gain access to the Site and the Content.
7.2 You acknowledge that your user name and password are a valuable and confidential and undertake NOT to allow others to know or use your username and password for any purpose what so ever, consequently You, are responsible for any misappropriation or misuse of the username or password and will bear any costs, fees or damages resulting from the misappropriation or misuse.
8. Advertising and Third Party Links.
8. 1OWNER may freely display advertising and other marketing information on the Site, the Software and the Content. (The "Advertisement").
8.2 OWNER may publish in the Site links to other websites and services which are operated by third parties. (The "Links").
8.3 In connection with the Advertisement and the Links, you understand, acknowledge and agree to as follows:
a. The Advertisement and the Links may include content-targeted advertisements or other information.
b. OWNER is not responsible for the content of any Advertisement or Links and does not endorse, sponsor, guarantee or affiliated with any website, service, product, person, business venture etc portrayed in the Site, the Advertisement or the Links.
c. OWNER will not be a party to any agreement, purchase, participation or other interaction involving you and any third party accessible by the advertisement or the Links.
9. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
9.1 SITE PROVIDED "AS IS" AND "AS AVAILABLE"
(a) THE SITE, THE CONTENT AND/ OR ANY OTHER SERVICES PROVIDED BY OWNER, CONTENT PROVIDER, OR THEIR RESPECTIVE OFFICERS DIRECTORS EMPLOYEES SHAREHOLDERS AND AGENTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
(b) NEITHER OWNER NOR ANY PROVIDER CONTENT PROVIDER OR THEIR RESPECTIVE OFFICERS DIRECTORS EMPLOYEES SHAREHOLDERS AND AGENTS UNDERTAKE TO PROVIDE ANY SPECIFIC CONTENT OR SERVICE OR TO HAVE THE SITE OR SOFTWARE PORTED TO ANY SPECIFIC PLATFORM.
9.2 NO WARRANTY
(a) NEITHER OWNER NOR ANY PROVIDER CONTENT PROVIDER OR THEIR RESPECTIVE OFFICERS DIRECTORS EMPLOYEES SHAREHOLDERS AND AGENTS, WARRANT THAT THE SITE AND THE ABILITY TO USE THE SITE AND VIEW THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE, AVAILABLE AT ALL TIMES AND IN ALL GEOGRAPHICAL LOCATIONS, AND /OR THAT THE SITE OR ANY SOFTWARE ASSOCIATED WITH IT IS FREE FROM VIRUSES OR SECURITY BREACHES.
(b) NEITHER OWNER, NOR ANY CONTENT PROVIDER, OR THEIR RESPECTIVE OFFICERS DIRECTORS EMPLOYEES SHAREHOLDERS AND AGENTS MAKES ANY WARRANTY AS TO ANY RESULTS TO BE OBTAINED FROM THE USE OF THE SITE.
c. THE SITE, CONTENT OR ANY OTHER SERVICES PROVIDED BY OWNER, CONTENT PROVIDER, OR THEIR RESPECTIVE OFFICERS DIRECTORS EMPLOYEES SHAREHOLDERS AND AGENTS IS NOT GUARANTEED TO BE ACCURATE, TIMELY OR VERIFIED OR AVAILABLE AT ALL TIMES AND IN ALL GEOGRAPHICAL LOCATIONS.
d. OWNER AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS AND AGENTS DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NON-INFRINGEMENT OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE, ANY CONTENT, OR ANY GOODS OR SERVICES SOLD THROUGH THE SITE.
9.3 NO LIABILITY
(a) NEITHER OWNER, ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE OFFICERS DIRECTORS EMPLOYEES SHAREHOLDERS AND AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE AND/OR ACCESS SOME OR ALL OF THE CONTENT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(b) WITHOUT LIMITATION TO ANY DISCLAIMERS PROVIDED HEREIN, OWNER'S TOTAL LIABILITY TO YOU, WHETHER BROUGHT IN A MATTER UNDER CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICES PROVIDED IN THE SPECIFIC MONTH GIVING RISE TO SUCH LIABILITY.
(c) WITHOUT WAIVING THE EXCLUSIVE GOVERNING LAW CLAUSE BELOW, SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS OF LIABILITY OR FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH JURISDICTIONS, THE LIABILITY OF OWNER, THIRD PARTY CONTENT PROVIDERS, AND THEIR RESPECTIVE OFFICERS DIRECTORS EMPLOYEES SHAREHOLDERS AND AGENTS SHALL BE LIMITED TO THE MINIMUM EXTENT PERMITTED BY LAW.
10.1 Information Collected by OWNER
(a) In order to access the Site you must register to the Site and provide some personal information, including your name first and last name, e-mail address, location, etc.
(b) All the information you provide to OWNER must be full and correct and you must update OWNER about any change to your personal details and billing information.
(c) OWNER collects personal information such as your first and last name, e-mail address, location, ip address, birth date, credit card as well as information about your use the Site and the Content broadcasting of content ("Personal Information").
(d) In addition to the Personal Information, OWNER may collect non personal Information relating to the statistical use of the Site, Access to Content, use of features etc.
(e) OWNER will never disclose any private or otherwise confidential information in regards to it clients and former clients to third parties.
10.2 Use of Personal Information
(a) OWNER uses your Personal Information in order to maintain and improve the Site.
(b) OWNER reserves the right to send commercial email to all registered users and to offer you updates and new features and services.
(c) OWNER reserves the right to use your contact information for the purpose of contacting you to deal with technical, billing or service related issues.
(a) OWNER makes commercially reasonable efforts to protect your privacy by securely storing any Personal Information supplied by you and protecting it from loss, misuse and alteration.
(a) OWNER places cookies on your computer to retain your individual preferences and improve your user experience with the Site, as well as to tell us what features of the Site are most popular.
(b) You can change the configuration of your browser in such a manner that you will not be able to receive any cookies during your use of the Site. However In that event, your access or use of certain parts of the Site or Content may be restricted.
10.5 Acquisition of OWNER Without derogating from any of its legal rights, OWNER reserves the right to include your Personal Information, collected or supplied by you as an asset of OWNER which may be sold or transferred to a third party which purchases OWNER, or its business activities.
11. Unilateral Termination by OWNER.
11.1 OWNER may restrict, suspend or terminate your access to the Site and the Content in whole or in part, without notice, with respect to any breach or threatened breach of any portion of this agreement.
11.3 OWNER reserves the right to refuse to provide you with access to the Site or any Content in the future.
11.4 (a) OWNER may suspend or terminate your subscription or suspend your accesses to
some or all of the Content, at any time, and with immediate effect, upon the receipt by OWNER of a court order requiring OWNER to suspend its own services, or upon a decision by Content owners to suspending the availability of some or all of the Content to OWNER.
(b) OWNER shall strive to offer you as much advance warning as it can of the cancellation of services to you.
(c) Termination of your subscription under this section 11.4 shall not entitle you to any compensation and you shall only be entitled to receive a refund of any portion of the subscription or Access fee paid for the period after your subscription is terminated and you cannot access the Site and the Premium Content.
12. GENERAL TERMS.
12.1 Any notice from OWNER to you, may be given by means of a general posting on the Site, a personal email message sent to the e-mail address you have provided or a notice published in your personal and billing section of the Site.
12.2 You may communicate with our staff by e-mail telephone or conventional mail, sent to the addresses detailed bellow
a. Electronic mail (e-mail) must be sent to:
For technical and billing support: firstname.lastname@example.org
b. Telephones: +971551087206
c. Mail and courier deliveries must be sent to:
Twiated sky limited, Global Gateway 8, Rue de la Perle, Providence, Mahe, Seychelles