1. DESCRIPTION OF SERVICE AND ACCEPTANCE OF TERMS
TVK24, Inc. (“ESTV,” “we,” or “us”) provides an online video service which gives users the opportunity to select from various offerings of live and on-demand programming of E-sports, including tournaments, television shows, clips, and other content (collectively, the “Content”). Our video service, the Content, our player for viewing the Content (the “Video Player”) and any other products, features, tools, materials, or other services (including third party branded services) offered from time to time by ESTV through a variety of Access Points (defined below) are referred to collectively as the “Services.” The term “Access Points” refers to, collectively, the ESTV.co website (the “ESTV Site”), applications, and other places where any Services are available, including websites and applications of ESTV’s third party distribution partners and other websites where users or website operators are permitted to embed or have otherwise licensed the Video Player.
2. CHANGES TO THESE TERMS We may need to make changes to these Terms from time to time for many reasons. For example, we may need to reflect updates in how the Services work or changes in the law. You should look at these Terms regularly, which are posted on the ESTV Site at ESTV.co/terms. In addition, you can access these Terms from ESTV applications. If we make a material change to these Terms, we will notify you by posting a notice on the ESTV Site. If you are a registered user, we will also send an email to the email address you most recently provided to us prior to the material change taking effect. Therefore, it is important that you keep your account information, including email address, updated. Any material change to these Terms will be effective automatically 30 days after the revised Terms are first posted or, for users who register or otherwise provide opt-in consent during this 30-day period, at the time of registration or consent, as applicable.
3. ACCESS AND USE OF THE SERVICES
3.1 Age Limitations. The Services are not intended to be used by children without involvement and approval of a parent or guardian. If you are under the age of 13, you are not permitted to register with ESTV or provide your personal information to ESTV. If you are at least 13 and under 18 years of age (or under the applicable age of majority in your state or territory of residence), you may register with ESTV only if you have the consent of your parent or guardian, including consent to these Terms on your behalf, and for clarity, may only modify an account, or associated profiles, with the consent of your parent or guardian.
3.2 Your License. ESTV is pleased to grant you a non-exclusive limited license to use the Services, including accessing and viewing the Content on a streaming-only basis through the Video Player, for personal, non-commercial purposes as set forth in these Terms. The periods during which you can view each piece of Content will vary based on the rights availability of such Content and the terms of your subscription.
3.3 The Content.
a. Usage Rules and Limitations. You may only access and view the Content personally and for a non-commercial purpose in compliance with these Terms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means copy, record, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, or transmit or retransmit the Content unless expressly permitted by the terms of your subscription or otherwise by ESTV in writing. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by ESTV in writing. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by ESTV. You may not build a business utilizing the Content, whether or not for profit. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless expressly permitted by ESTV in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
b. Content Subjectivity. Content tends to elicit varying reactions among different people. You may come across Content that you find offensive, indecent, explicit or objectionable. Also, Content types, genres, categories, and descriptions are provided as suggestions to help with navigation, and ESTV does not guarantee that you will agree with them. You acknowledge these risks.
c. Content Quality. ESTV uses various technologies to provide you with an optimal viewing experience. That said, quality of Content, including resolution, may be affected by the format of the Content, your location, the speed and bandwidth of your internet service, and the devices used, among other factors. HD and 4K Ultra HD availability for certain Content depends on your internet service and device capabilities. The time it takes you to begin playing Content will vary based on a number of factors, including your location, internet bandwidth, the number of devices simultaneously connecting to the same network, the Content you have selected, and the configuration of the device you are using. As a result, ESTV is unable to make any warranties about the Content in these respects.
d. Content Presentation. We want you to have the best experience with our Services, including the ability to easily discover new Content. To help do that, Content you view across all Services may include promotional videos (e.g., previews or trailers) before and after that Content.
3.5 Live TV Service.
ESTV offers multiple Services that provide access to different types of Content. For example, you may access and/or subscribe to a Service that provides live Content, including on-demand Content (“Live TV Service”). If your access and/or subscription includes the Live TV Service, please be aware of following: Commercials. If you subscribe to multiple Services, the terms of one Service will not impact those of another Service. For example, if you access and/or subscribe to both the Live TV Service and another Service featuring Content on-demand without commercials, you may still see commercials while streaming Content from the Live TV Service. Live Content Restrictions. Certain live Content, including certain tournament events, may be unavailable due to your location, blackouts, or device-specific restrictions set by sports leagues and other parties that control Content rights.
Cloud DVR. ESTV may provide the ability to record live TV Content to your cloud DVR. Storage limits for recordings may vary and are applied per account, inclusive of all profiles created under an account. If you want to record live TV Content that will exceed available storage space, we will make room for the newer recordings by automatically deleting older recordings. If your subscription to any Service is cancelled or suspended, you may lose access to previously-made recordings, even if your subscription resumes or is reinstated. Unfortunately, ESTV is unable to guarantee error-free recording, storage, or playback. Other than your usage of the cloud DVR made available to you by ESTV, you may not record, copy, store, or redistribute any Content. You may only use your cloud DVR to the extent permissible under copyright and other applicable laws.
3.6 The Video Player. You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of the Video Player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Video Player. This restriction includes, without limitation, disabling, reverse engineering, modifying, interfering with or otherwise circumventing the Video Player in any manner that enables users to view the Content without: (i) displaying visibly both the Video Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the Access Point where the Video Player is located; and (ii) having full access to all functionality of the Video Player, including, without limitation, all video quality and display functionality and all interactive, elective, or click-through advertising functionality.
3.7 Embedding a Video Using the Video Player. Where ESTV has incorporated an embed option in connection with Content on the Services, you may embed videos using the Video Player, provided you do not embed the Video Player on any website or other location that (i) contains or hosts content that is unlawful, infringing, pornographic, obscene, defamatory, libelous, threatening, harassing, vulgar, indecent, profane, hateful, racially or ethnically offensive, encourages criminal conduct, gives rise to civil liability, violates any law, rule, or regulation, infringes any right of any third party including intellectual property rights, or is otherwise inappropriate or objectionable to ESTV (in ESTV’s sole discretion), or (ii) links to infringing or unauthorized content (collectively, “Unsuitable Material”). You may not embed the Video Player into any hardware or software application, even for non-commercial purposes. ESTV reserves the right to prevent embedding to any website or other location that ESTV finds inappropriate or objectionable (as determined by ESTV in its sole discretion).
3.8 Compatible Devices. In order to access the Services, you will need to use a computer, mobile device, streaming media player, or other device that meets the system and compatibility requirements that we establish from time to time (each, a “Compatible Device”). Please note that Compatible Devices may vary by Service. For example, certain devices may not be capable of streaming Content from the Live TV Service but may be capable of streaming other Content. Features and functionalities that we make available through the Services may also differ by Compatible Device and the terms of your subscription. Please visit our Help Center at ESTV site for a current list of Compatible Devices.
3.9 Simultaneous Streams. The number of simultaneous streams of Content that you can access varies by Service and may require device and account verification. Please visit our Help Center at ESTV site for the most up to date information on the number of simultaneous streams of Content that are allowed based on the terms of your Service.
3.10 Internet Service and Data Usage. In order to access the Services, you must have a high-speed broadband, wireless or similar internet connection from an internet service provider that meets certain technical specifications. Please note that multiple simultaneous streams, as well as HD and 4K Ultra HD Content, may require higher internet bandwidth. You are responsible for any costs associated with your internet service used to access the Services. Your use of the Services may count toward your data usage, depending on the terms of your agreement with your internet service provider.
3.11 Ownership. You agree that ESTV owns and retains all rights to the Services. You further agree that the Content you access and view as part of the Services is owned or controlled by ESTV and ESTV’s content programmers. The Services and the Content are protected by copyright, trademark, and other intellectual property laws.
3.13 No Spam/Unsolicited Communications. We know how annoying and upsetting it can be to receive unwanted email or instant messages from people you do not know. Therefore, you may not use the Services to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. You understand that we may employ technical measures to prevent spam or unsolicited bulk or other communications from entering, utilizing, or remaining within our computer or communications networks. If you Post or otherwise send spam, advertising, or other unsolicited communications of any kind through the Services, you acknowledge that you will have caused substantial harm to ESTV and that the amount of such harm would be extremely difficult to measure.
3.14 Software Downloads. In order to participate in certain Services or access certain Content, you may be notified that it is necessary to download software or other materials or agree to additional terms and conditions. Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into these Terms.
3.15 Modification/Suspension/Discontinuation. We regularly make changes to the Services. The availability of the Content, as well as Access Points and Compatible Devices through which the Services are available, will change from time to time. ESTV reserves the right to replace or remove any Content and Access Points available to you through the Services, including specific titles and networks/channels, and to otherwise make changes in how we operate the Services. Additionally, you agree that for various reasons, such as restrictions from content programmers and other limitations or considerations from third parties, certain Content and functionality that may be available through one Access Point or Compatible Device may not be available through another Access Point or Compatible Device. We hope not to, but we may change, suspend, or discontinue – temporarily or permanently – some or all of the Services (including the Content and the Compatible Devices through which the Services are accessed), with respect to any or all users, at any time without notice. In our continued assessment of the Services, we may from time to time, with respect to any or all of our users, experiment with or otherwise offer certain features or other elements of the Services, including promotional features, user interfaces, plans, pricing, and advertisements. You acknowledge that ESTV may do so in ESTV’s sole discretion at any time without notice. You also agree that ESTV will not be liable to you for any modification, suspension, or discontinuance of the Services, although if you are anESTV subscriber and ESTV suspends or discontinues your subscription to the Services, ESTEV may, in its sole discretion, provide you with a credit, refund, discount or other form of consideration (for example, we may credit additional days of service to your account) in accordance with Section 4 below. However, if ESTV terminates your account or suspends or discontinues your access to Services due to your violation of these Terms, then you will not be eligible for any such credit, refund, discount or other consideration.
3.16 Customer Service. If we can be of help to you, please do not hesitate to contact our customer service department by visiting our Help Center at help@ESTV.co. It would be our pleasure to serve you. We aim to deliver first-class customer service, but in the unlikely event that a customer service representative or material posted to our Help Center provides information that is inconsistent with these Terms, please be aware that these Terms will control.
4. ACCOUNTS AND REGISTRATION
You are responsible for all use of your account, including use of your account by other members of your household. By allowing others to access your account or to create profiles within your account, you agree to be responsible for ensuring that they comply with these Terms and you agree to be responsible for their activity using the Services. All registration information you submit must be accurate and updated. Please keep your password confidential. You will not have to reveal it to any ESTV representative. Because you are responsible for all use of your account, including unauthorized use by any third party, please be very careful to guard the security of your password. Please notify us by email using the customer support form from our Help Center at help@ESTV.co if you suspect any unauthorized use of your account. Please also make sure to notify us if your registration information changes, in case we need to contact you. You may find information on how to delete your ESTV account by logging in on the ESTV Site and viewing your account details. Please identify your account and provide a valid reply email address in the event we require additional information to terminate your account. We reserve the right to immediately terminate or restrict your account or your use of the Services or access to Content at any time, without notice or liability, if ESTV determines in its sole discretion that you have breached these Terms, violated any law, rule, or regulation, engaged in other inappropriate conduct, or for any other business reason. We also reserve the right to terminate your account or your use of the Services or access to Content if such use places an undue burden on our networks or servers. Of course, we would prefer to avoid such termination; therefore, we may use technology to limit activities, such as the number of calls to the ESTV servers being made, and you agree to respect these limitations and not take any steps to circumvent, avoid, or bypass them.
5. COLLECTION AND USE OF PERSONAL INFORMATION
6. LINKED DESTINATIONS AND ADVERTISING
ESTV, the ESTV logo, and other ESTV marks, graphics, logos, scripts, and sounds are trademarks of ESTV. None of the ESTV trademarks may be copied, downloaded, or otherwise exploited.
8. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY
WHILE WE DO OUR BEST TO PROVIDE THE OPTIMAL PERFORMANCE OF THE SERVICES, YOU AGREE THAT USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, INCLUDING THE ESTV SITE, THE CONTENT, THE VIDEO PLAYER, THE FEATURES, USER MATERIAL, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH ANY ACCESS POINT OR COMPATIBLE DEVICE, ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, ESTVDOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE. IN NO EVENT SHALL ESTV OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT PROGRAMMERS) (COLLECTIVELY, THE “ESTV PARTIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH ANY ACCESS POINT OR COMPATIBLE DEVICE), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE ESTV PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE SERVICES OR $50 (WHICHEVER IS LESS). YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE ESTVPARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE SERVICES (INCLUDING YOUR USE OF THE CONTENT). ESTV RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
9. NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that any Content, User Material, or other material provided through the Services, including through a link, infringes your copyright, you should notifyESTV of your infringement claim in accordance with the procedure set forth below. We will process each notice of alleged infringement that ESTV receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to ESTV’s Help Center at firstname.lastname@example.org (subject line: “IP Takedown Request”).
10. ARBITRATION OF CLAIMS
12. GENERAL INFORMATION
12.1 International Use. We are a company based in the United States and offer our Services to users in the United States. ESTV’s goal is to bring you as much Content as is legally available. That said, we are limited by the rights that our content programmers grant to us. Access to the Services from locations where ESTV does not have rights, that are not permitted by the terms of your subscription, or where ESTV does not make the Services available is prohibited.
12.2 Export Controls. Software and the transmission of applicable technical data, if any, in connection with the Services are subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.
12.3 Choice of Law and Forum. These Terms are governed by, and construed in accordance with, the laws of the State of California without giving effect to principles of conflicts of law.
From time to time, we may communicate with you about the Services and these Terms electronically (e.g., emails to your registered email address, notices on the ESTVSite and other Access Points). You consent to receive electronic communications from ESTV and further agree that any notices, agreements, disclosures, and other communications that we send to you electronically will satisfy any applicable legal notification requirements. We recommend that you keep a copy of any electronic communications we send to you for your records.
Thank you for taking the time to read these Terms. Enjoy the Services!