§ 1 Definitions
The terms used herein have the following meanings:
Subscription paid "in advance," a recurring fee paid by the User under the terms specified in the Regulations allowing permanent access to certain functionalities on the Site at the time specified by the Operator comprising those parts set out in the Price List.
Pricing information provided by the Operator of the amount of charges for the use of the Services by Users constituting Appendix 1 hereto.
Registration Form - available on the Website; filling this out enables you to use all the functionalities of the Service.
User channel - a separate part of the Service, part of the User Profile, and constituting a tool to enable the User to contact a dedicated audience and execution of Broadcasts.
User Account - a place (space) on the Service, which is accessed by the User after successful registration, to manage the User's data provided during registration, including personal information and data necessary to carry out payments.
Operator - owner and operator of the Site, ie. OnLive LTD registered in London, at 2nd Floor 40 Tooting High Street, Tooting Broadway, London SW17 0RG, UK, and number 10033768.
Private Consultations offered to Users as a tool in the Service providing for the use of individual services on the Website to the extent specified in the offer.
Regulations - this document regulates the particular terms and conditions of use and operation of the Service, the rights and obligations of Users and the rights and obligations of the Operator.
Service - streaming platform OnLive.TV available at URL https://onlive.tv allows you to create your own video-chat Transmission for single or multiple destinations, available both via personal computers PC/MAC and mobile devices based on Android platform, iOS and Windows Phone.
Image Stream - a type of data transmission of audio/video using a webcam or any other external source.
Services - the Service Operator providing Users with access to specified functionalities, enabling Users' own transmission (sending and receiving) of data using information and communication systems, at the individual request of the User, without the simultaneous presence of parties through public networks, as well as their storage.
Financial intermediation services - by qualified entities that are used within the site to allow Users to make payments. Detailed billing policies are defined by universal service providers in financial intermediation.
Live stream - the process of transferring audio and video Content using the functionality of the service between the Service and the recipient (recipients) who are at the same time Users authorised by the operator form, i.e. free of charge or in return for payment for Users or to the public, i.e. in the form of open to any entity that uses the non-User service, within the rules of procedure.
Live streamer - the User who is broadcasting
Live Pay Per View (PPV) - A Broadcast where the payment of remuneration is made to the User performing the Broadcast for view.
Live stream Pay Per Minute (PPM) - type of Broadcast where payment is made to the User performing the Broadcast on the basis of the calculation of minutes.
User content - introduced to the User profile data to whose rights you may have stored on the site.
User - a person with full legal capacity (i.e. over 18 years old, no criminal record), a person with limited legal capacity (i.e. a person between 13 and 18 years of age and a person partially incapacitated or without legal capacity (i.e. a person under the age of 13 for which legal action is made by legal guardians, bearing responsibility for the actions of such persons, a legal person or organisational entity having legal capacity on the basis of separate provisions, using the service.)
§ 2 General Terms of Using the Service
- The Operator provides services in the Service.
- The Operator provides Service information, instructions and explanations of the services, in isolated form (including graphic fields, pop-ups, etc.) or by referring to the instructions of conduct, the rules of the Financial Services Agency at the time of the User selecting their defined activities and using tools or software provided by the Operator in the framework of the Service.
- The Operator shall update the data referred to in § 3. 2 of the Regulations for the introduction of changes in the services offered on the Website.
- The User before using the Website is required to read the Rules and accept and comply with them.
- The User may at any time discontinue use of the Services.
- The ICT System Operator includes a team of IT equipment and software specialists, who provide processing and storage, as well as send and receive data through telecommunications networks, using terminal equipment appropriate for each type of network.
- The Operator makes the electronic system of the Operator available to other Users, in order to provide services to other Users, selected and introduced by the User Content.
- The Operator is contactable at e-mail email@example.com.
- The Logo, Name Service and all descriptions, photos, videos, graphics therewithin protected by law governing User Content are the property of the Operator and therefore any copying, reproduction, distribution and using elements of the Service, as well as its entire appearance, without the express consent of the Operator, is a violation of its property rights.
- The operator provides the address: 2nd Floor 40 Tooting High Street, Tooting Broadway, SW17 0RG, London, UK, access to the information .
§ 3 Technical Terms of Service
- Use of the Service is via the information and communication system operator, which is available at the Internet address https://onlive.tv.
- To use this the Service User should have:
- Access to the Internet.
- Equipment enabling access so that it will be possible to log on to the Website.
- A web browser installed on the above device for displaying web pages on screen. The browser should also support Java Script, enable acceptance of cookies and have the optional support of Adobe Flash Player.
- An active e-mail account in order to confirm the creation of User Profile Service and contact with the Operator.
- A camera website or in the case of Broadcast of external devices another video device.
- The Operator informs that the quality of services depends on the parameters of the Internet connection on the side of the User and terminal equipment used for Broadcast.
§ 4 Registration Service
- Registration and use of the Services provided under the Service is voluntary.
- Creating a User Profile requires: completing the registration form made available by the Operator at https://onlive.tv/site/register , log into the Service through your account on the social networking sites "Facebook", Linkedin, Twitter and Google+.
- The Operator requires a mandatory application in the registration form the following data:
- user name (login).
- e-mail address (e-mail).
- After properly completing the registration form using actual (i.e. verifiable) data in order to complete the registration the Operator sends the User to the e-mail address (e-mail) specified in the registration form and a link (hyperlink) whose activation gives the User access to the User Profile (activation). An activation link is sent followed by a contract for the provision of services between the User and the Operator and the confirmation by the User of the veracity of the information contained in the activation. In the case of services paid in addition to the activation link sent to conclude an agreement for the provision of services it is necessary to pay for a subscription plan at the amount specified in the Price List.
- The User is obliged to provide true data and bear in this respect full responsibility. The Operator recommends updating User data in the User Profile and prohibiting entering incomplete or incorrect data. You can edit your data in the User Profile and can also edit the settings and data for which the consent of other Users is necessary.
- User Data may be available to other Users to enable them to use the Service in accordance with the Regulations and other entities using the Service but are not Users.
- You may have only one User Account. The Operator informs of the use of tools to verify the number of User Accounts. The Operator reserves the right to remove a User's account at its own discretion in the event of becoming aware of the possession of more than one Account.
- User's Accounts are not transferable unless the Operator has given written consent.
- You may not use the User Accounts for other Users or share with other Users the login and password to your Account.
- The user name of the account cannot infringe the rights of third parties. User Account violation of third parties will lead to removal by the Operator at its discretion.
§ 5 Logging Service / Password Recovery
- Access (login) to the Website is possible after completion of the registration process. The User after logging in obtains access to the tools made available through the Service. Access (login) to the User Profile occurs following administration by User name and Password. Logging in to the User Profile from by the User of social networking sites has the same effect as logging in from the Service.
- The Operator provides Users the tools to recover lost passwords. Information in this respect is provided by the Operator at: https://onlive.tv/site/forgot-password
§ 6 Principles of Service
- You may post on the Website content as long as it enjoys the rights necessary for lawful exploitation, including in particular the right to dispose of or make them available to the public on the Internet.
- Users of the Service are obliged to refrain from any unlawful activities and in particular:
- Use of the Website directly or indirectly in breach of the law, the Regulations, morality or generally accepted principles of Internet use.
- Use of the Website in a way that violates the rights of the Operator or third parties.
- Delivery by or to a data communications system operator: data causing disturbance or work overload for the ICT system Operator or a third party taking direct or indirect participation in the provision of services, unsolicited commercial information addressed to the specified recipient within the meaning of the relevant provisions for (spam) data breach, as well as of the law, Regulations, the Operator or third parties, decency and generally accepted principles of Internet use.
- Broadcasting where the object is nudity, partial nudity or sexually suggestive content.
- Impersonation of any person or entity, transmission access by Profile Users without permission.
- Defamation, harassment, threats or deception of users and even making attempts to collect personal data of Users or other persons without their consent.
- The use of robots or other automated means to access the Service (or Broadcasts, including those which may prevent or limit access to the Service (or Broadcast)).
- Distribution of any Content which by reasonable account is deemed to be unacceptable, offensive, obscene, pornographic, invasive of another's privacy, harassing, menacing, vulgar, hateful or otherwise inappropriate.
- Distribution of any content that would encourage or contain instructions to commit a crime.
- Distribution of content that infringes any patent, trademark, trade secret, copyright or other intellectual property rights,
- Distribution of Content containing personal data, information relating to third parties, including, in particular, addresses, bank account numbers, credit card numbers (debit), e-mail addresses and more.
- The Operator reserves the right to remove at any time without warning the following Content:
- that which is contrary to the applicable law,
- is generally regarded as vulgar, abusive or insulting,
- is sexually explicit,
- encourages the persecution for reasons of ethnicity, culture or religious denomination,
- offends religious feelings,
- contains viruses or files that may damage the computer system Operator, impair its work or otherwise adversely affect the operation of the Service.
- contains links to licensed games, software, music, movies and any other tracks, which provide or enable sharing that infringes or may infringe the copyright of third parties,
- infringing intellectual property rights,
- accounting information by which you can locate Web services that contain content specified in Sections 1 - 10 above.
- Where the subject of the Broadcast activities entails smoking or consuming alcoholic beverages the User is obliged before sharing the Broadcast to include this information in the description, clearly showing that the Broadcast meets applicable law or due to the requirements set by the Operator's Regulations is addressed to adults and is visible to participants of the Broadcast throughout its duration. All the above steps can be carried out solely by adult Users or legal persons and organisational units with legal capacity under separate regulations.
- The Operator can permanently or temporarily cease to provide you with services in the event of a breach or a justified suspicion of serious breach (time to explain), or a material breach by the User of the law, the Regulations, the Operator or the rights of third parties, decency and generally accepted principles of Internet usage.
- Permanent cessation of the Service
§ 7 Liability
- The User is responsible for any action taken after logging into the User Profile.
- You use the Services at your own risk, which does not exclude the liability of the Operator related to the provision of services, the extent to which by law it cannot be exempted or limited.
- The Operator shall be liable to the User for failure or improper performance of the services arising from the Regulations, unless the failure or improper performance of services is the result of circumstances for which it is not responsible according to the law.
- The Operator shall not be liable for the consequences of failure or improper fulfillment of the commitments made to you by another User.
- The Operator is not responsible for the Content, as well as for the consequences of their
inclusion. In particular, the Operator is not responsible for:
- the use of third party content or part of the contents, as well as for the consequences of their use by third parties.
- how Profile Users use User channels, advertisements or Users' postings.
- the effectiveness of ads (offers) posted on the Site by Users.
- the consequences of the entry into possession of Users' passwords by a third party or Content.
- interruption in access to the Website occurring for reasons beyond the control of the Operator.
- damage, including without limitation, loss of data caused by technical malfunction arising from any causes beyond the control of the Operator.
- damage caused by improper, i.e. not in accordance with the law, the rules of social behaviour or morality of Users to each other, in particular for improper performance or non-performance of their contracts contained in the Service, as well as the consequences of actions taken by users and third parties and violating the provisions of the rules or other regulations, as well as the quality and legality of Broadcasts, the ability of Users to broadcast, the solvency of Users who have acquired the right to participate in the Broadcast and the veracity and accuracy of the information provided by Users during the Broadcasts.
§ 8 Payments
- Services provided by the Operator are paid. The fees for services and commissions for settlement services referred to in § 9 of the Regulations are determined by the price list.
- The Oerator offers Users' subscription plans enabling use at any given time of the services offered on the Website. Details of individual subscription plans are set out on the price list.
- The Operator charges a fee according to the selected subscription plan by the User.
- The term of the subscription plan begins at the moment of payment and is calculated with the accuracy of the date and time of activation, which may vary depending on the selected payment method.
- You can choose the following forms provided by the Operator for the provision of payment
- bank transfer through your bank with the Operator performing this to a given account number,
- Online payment through electronic transfer (eTransfer/direct transfer),
- credit card,
- chosen system of payment varying according to the country for example Sofort.
- In the case of credit card payments Users can choose to automatically collect payment for subsequent periods as part of the subscription plan or make a one-off payment. Automatic download of payments is to ensure continuity in the use of the Services without further formalities. The automatic collection of payment is valid until further notice. Automatic downloads of payment are made by sending to the e-mail address of the Operator: firstname.lastname@example.org not later than seven (7) days prior to the expiry of the period in the chosen subscription plan.
- The Operator allows the payment of fees for services and commissions for settlement services in currencies other than PLN. If currency conversion is needed for payment of fees the transaction will be completed based on the exchange rate of the currency determined by the Polish National Bank, which will be updated on a regular basis by the Operator on the basis of current market data. The Operator reserves the right to correct the date of the current exchange rate immediately and without notice to you. The User prior to payment will be informed about the exchange rate effective for transactions it intends to carry out. The order transaction is tantamount to consent by the User of the currency conversion based on the exchange rate of the currency informed by the Operator.
§ 9 The Principles of Private Consultations
- Each User has the ability to create and present a Private Consultations offer in Services via the User's channel that it belongs and predefined hours of availability.
- The Private Consultations Service Offer should contain a detailed and careful as possible description of the scope of the Private Consultations specified by the User, the time and remuneration defined by the User. The Operator is not responsible for the obligations of the User specified in the offer.
- The services specified in the offer for Private Consultations should be made with due care and in accordance with the Private Consultations offer.
- A User offering private consultations after receiving notification and reservation is required
make the acceptance of the application within a specified time:
- for Private Consultations reserved less than 6 hours before the starting date specified in the offer for Private Consultations - 30 minutes before the specified start date in the Private Consulting offer,
- for Private Consultations reserved less than 12 hours before the offer starting date specified for Private Consultations - 3 hours before the specified start date in the Private Consulting offer,
- Private Consultations reserved more than 12 hours before the specified date of commencement of the offer of Private Consultations - 6 hours before the specified start date in the Private Consultations offer.
- At the time of making the reservation by the User, the Personal Consultations offer will be downloaded from the User's account with the Service and secured for the fulfillment of future services. The User in making the reservation for Private Consultations shall have the right to cancel the Private Consultations reservation no later than two (2) hours prior to the specified Private Consultation deadline. In this case, the measures referred to above will be returned to the party making the book in its entirety.
- The Operator also allows the possibility of the agreement offering Personal Consultation to a User who has booked another date and Private Consultation arrangements. In this case, the User offering Private Consultation takes the cancellation measures referred to in § 8. 5 of the Regulations, which will be returned to the party making the book in its entirety.
- In the absence of confirmation of transmitting the previously announced Private Consultations in the allotted time the measures referred to in § 8. 5 of the Regulations are returned to for the party making the reservation.
- In the event of a no-show on the Broadcast within 5 minutes of the tendered start time and accepted as Private Consultations, measures referred to in § 8. 5 of the Regulations for the full amount be returned to the party making the reservation.
- In the event that, despite confirmation by the Broadcasting party to the previously agreed Private Consultations, both Broadcaster and User do not appear in the Broadcast within 5 minutes of the tender hour for the Private Consulting the measures referred to in § 8. 5 of the Regulations for the full amount are returned to the party making the reservation.
- In the case of a no-show the User and who has canceled an appointment reservation within 5 minutes of the start of the previously accepted Private Consultations agreement, half of the funds owed to the Broadacster are automatically returned and the other half after deduction of commission is transferred the third party.
- In the event of a cancellation of a Broadcast of previously accepted Private Consultations, all funds are returned to the party making the reservation.
- Upon completion of the Private Consultations the User has the option to issue you with an offering for Personal Consultations accompanied by a verbal description, as well to report abuse if it considers that a Personal Consultation was done improperly, in particular in violation of the terms of the offer of Private Consultation or without due diligence. Execution of Private Consultations in violation of the terms of the offer constitutes a case of violation of the provisions of the Regulations with all the consequences set out in the Regulations. The Operator is not responsible for the content of the assessment of Private Consultation.
- The modalities of Private Consultations are subject to verification by the Operator to record the possible abuses and to assert their rights by the Users using the Private Consultation.
§ 10 Personal Data
- The Operator Service is the administrator of your personal information.
- Each User is entitled to inspect their personal data and to modify them and demand their removal. The Operator has the right to decide that requests for deletion of data that is necessary to use the Service and proper settlements with users is tantamount to a request to remove the User Profile, Channel (channels) User and related offers.
- The Operator provides you with the Service tools to remove the notification by the User Profile.
§ 11 Responding to violations of the Regulations
- Any breach of the Regulations should be reported immediately to the Operator's e-mail address email@example.com or in writing to the address of the Operator indicated in the Regulations.
- The person submitting the breach should as far as possible describe the violation, indicate the location of the content on the Site. Profile violating rules indicate the legal basis (the terms or any other applicable law) to justify the assertion that there has been a breach, as well as provide evidence of the existence of an infringement.
- False declarations will be subject to criminal liability.
- Infringement cases considered by the Operator for reasonable provisions § 6. 5 - 10 shall apply accordingly, and also the possibility to take safeguarding activities by the Operator Content and User Profile.
- Unlocking the User Profile by the Operator for the reasons described in this paragraph is not possible unless there is an infringement on broadcasting by the person reporting the violation and the User reporting in a joint statement confirming the removal of the effects of infringements. The statement referred to in the preceding sentence is passed (in writing) to the Operator, as indicated in the Regulations.
§ 12 Right to withdraw from the contract for the provision of services
- You, as a consumer within the meaning of the relevant provisions, have the right to withdraw from the contract for the provision of services for any reason.
- The deadline for withdrawal from the contract for the provision of services is fourteen (14) days from the date of the contract for the provision of services, subject to § 12 paragraph 6 of the Regulations.
- To exercise the right of withdrawal, it is necessary to send a clear statement of withdrawal by
email to: firstname.lastname@example.org reading as follows: "We hereby inform you about my withdrawal from
contract for the provision of services in the service onlive.tv.
name of consumer:
e-mail address provided during registration:
- In order to meet the deadline to withdraw from the contract for the provision of services, it is sufficient to send the declaration referred to in § 112 paragraph 3 of the Regulations before the deadline specified in § 12 paragraph 1 of the Regulations.
- In the event of cancellation you will receive a refund of the Subscription immediately, in any event no later than fourteen (14) days from the date on which the operator has been informed of the withdrawal from the contract for the provision of the Services.
- The Operator informs that:
- In the case of starting to use our Services to the extent to which the Operator allows you to do so free of charge by clicking on the activation link sent to your e-mail address is the User's request to provide services before the deadline for withdrawal from the contract for the provision of services with the loss of the right of withdrawal (which means that if a User wants immediate use of the Service understands that he could not withdraw from it.
- If you start to use the Services after the receipt of the Operator's account payment for the subscription plan, this means the User's request to provide services covered by the plan subscription before the deadline to withdraw from the contract for the provision of Services, together with the loss of their right of withdrawal (which means that after receiving payment if the User wants to use the Services immediately understands that he could not withdraw from it
§ 13 Operating Complaints
- Each User is entitled to lodge a complaint in matters related to the functioning of the Service, as well as the performance of Services by the Operator or actions taken by other users. The address to file complaints to is the Operator's address: email@example.com. 8. The Operator also accepts complaints in writing to the address of the Operator indicated in the Regulations.
- The complaint should include:
- the name of the person filing the complaint,
- the subject and the circumstances justifying the complaint,
- possibly not binding for the Operator information expected by user actions which in the opinion of the User must be taken into account by the Operator.
- Claims will be processed in the order flow, but not later than within 14 days of receipt. In justified cases, the Operator can extend the deadline complaint for an additional 14 days and the User filing a complaint will be informed before the end of the fourteen day limit for consideration of the complaint.
§ 14 Final Provisions
- The current version of the regulations is provided by the Operator on the Website in a way that allows storage and playback in the ordinary course of operations.
- Any change in the Regulations enter into force:
- The expiry of fourteen (14) days from the date of notification of the change, or on any other date specified by the Operator, not less than fourteen (14) days; in the absence of consent from the User to the change, the User is obliged to submit to the Operator a statement, via its communication system, before the amendment enters into force and after that date is required to discontinue use of the Services.
- Immediately upon notification of the change, or on any other date specified by the Operator, if the amendments relate to the provisions of the Rules, which have no impact on the situation of users.
- Regulations in force from the day of its announcement on the Website.