1 - DEFINITIONS
Unless otherwise defined, capitalized terms used herein shall have the following meanings:
"CHIVAS": CHIVAS TV, S.A. DE C.V., a corporation organized under the laws of Mexico, with its fiscal domicile located at
Av. Inglaterra 3089, Interior "E", Colonia Vallarta Poniente, C.P. 44110, Guadalajara, Jalisco, México.
"CHIVAS TV": Means the subscription via internet through the WEBSITE and/or APP that offers access to the CONTENT in exchange of a SUBSCRIPTION fee.
"COMISSION AGENTS": Means legal entities that are able to carry out various activities, including the promotion of CHIVAS TV by any means, send SUBSCRIPTION transactions reports and to make charges of behalf of CHIVAS. COMISSION AGENTS are able to change from time to time, for which the USER will be notified via e-mail. COMISSION AGENTS are not responsible for any CHIVAS TV SUBSCRIPTION between the USER and CHIVAS and are not a part of this AGREEMENT.
"CONTENT": Means any and all media content, including without limitation live broadcasting, videos, photographs, audios and/or any kind of media content or audio to which the USER may access using CHIVAS TV.
"CHIVAS TV ACCOUNT": Means the USER account with which, once authenticated, the USER can access to CHIVAS TV. Such account can be created by the USER through the SITE or using any other registration mechanism that CHIVAS may determine and inform to the USER.
"DEVICES": Means the electronic devices owned by the USER on which the USER will be able to access CHIVAS TV through the WEBSITE and/or APP (and through some third party app determined by CHIVAS in its sole discretion), as long as such device (A) has the capability to connect directly or indirectly to the Internet; and (B) it is technologically supported by CHIVAS TV platform, which requires as minimum: Browser: Microsoft Internet Explorer 9.0 or latest; Mozilla, Firefox, Google Chrome; Safari, etc.; Speed: Minimum Speed of 500 Kbps. Using various devices over a single Internet connection on a minimum speed limit does not guarantee optimal streaming quality. The minimum requirements defined may be updated or modified from time to time due to technology breakthroughs, changes on the platforms and additional requirements to keep the operation of CHIVAS TV. Such updates will be informed to the USER via e-mail.
"OMNILIFE'S INDEPENDENT DISTRIBUTORS": Means individuals or legal entities that have executed and currently have in force a commercial distribution agreement with Omnilife de México, S.A. de C.V., which independently distribute certain products marketed by Omnilife de México, S.A. de C.V.
"PAYMENT METHOD": Means the methods of payment that the USER chooses between any accepted methods, such as: recurring charge to credit or debit card, payment aggregators (such as PayPal), as well as any other that CHIVAS makes available to the USER.
"LICENCE": Means the SOFTWARE usage license that CHIVAS grants to the USER.
"WEBSITE AND/OR APP": Meaning the Web page located at the URL www.chivastv.mx and the corresponding apps (mobile included) for the different platforms for which CHIVAS TV has presence.
"SOFTWARE": Means the computer system (including mobile apps) used for broadcasting CHIVAS CONTENT developed by CHIVAS or any third party, as well as user interfaces designed to access CHIVAS TV that allows visualization of the CONTENT in the WEBSITE and/or APP through the DEVICES.
"SUBSCRIPTION": Means the fee or charge to the USER to have access via Internet to CHIVAS TV CONTENT, as agreed on the SUBSCRIPTION plan or package acquired by the USER.
2 - DESCRIPTION
CHIVAS TV consists in granting the USER access through the Internet to the CONTENT for the strictly personal use in exchange for a SUBSCRIPTION fee or charge depending on the SUBSCRIPTION plan selected by the USER. To enjoy CHIVAS TV, the USER must have Internet access in one or more DEVICES.
CHIVAS is not required to manufacture nor sell the DEVICES. The USER must have the required SOFTWARE and DEVICES to connect to the Internet in order to be able to use CHIVAS TV. In no case CHIVAS shall be liable for the performance or functions of the DEVICES or SOFTWARE, since CHIVAS does not provide said DEVICES and does not provide Internet services.
CHIVAS may perform updates and upgrades to CHIVAS TV as frequently as needed, for which the USER will be notified. If the USER does not agree to any updates and/or upgrades to CHIVAS TV, the USER will be able to cancel its CHIVAS TV ACCOUNT by following the instructions defined on the Article 5 of this AGREEMENT. If the USER continues to use its CHIVAS TV ACCOUNT, it will be understood that USER accepts the updates and/or upgrades to CHIVAS TV.
The cancelation of the SUBSCRIPTION by the USER in the case set forth in the paragraph above does not exempt the USER for the payment for any amount owed for services used up to the date of cancellation.
4 - ASSIGNMENT AND AMENDMENTS
The cancellation of the SUBSCRIPTION by the USER in the case referred to in the previous paragraph, does not exempt the USER from paying the amounts due for the services used up to the date of cancellation.
5 - SUBSCRIPTION, CHARGES AND INVOICING
CUSTOMER SERVICE. If the USER requires assistance with its CHIVAS TV ACCOUNT, the USER can contact CHIVAS Call Center at any time using the following: Phone assistance dialing 01800-224-8271. E-mail: firstname.lastname@example.org or directly at the Chivas Stadium located on Circuito JVC 2800, Colonia El Bajío, C.P. 45019, Zapopan, Jalisco, México.
CHIVAS or the COMMISSION AGENT will require to charge the SUBSCRIPTION accordingly to the plan or package selected by the USER at the time of the purchase. To visualize the specific details on its CHIVAS TV ACCOUNT, including the price of the SUBSCRIPTION, visit the WEBSITE and click on "MY ACCOUNT". To cancel CHIVAS TV the USER can request assistance by pone dialing 01800-224-8271.
The USER will receive by email a notice from CHIVAS informing him that the period with charge of his SUBSCRIPTION has begun. CHIVAS or the corresponding COMMISSION AGENT will continue to charge the charge of your SUBSCRIPTION to CHIVAS TV that your CHIVAS TV ACCOUNT generates through the PAYMENT METHOD until the period contracted by the USER expires. CHIVAS can offer various SUBSCRIPTION plans, including special promotions plans or subscriptions with different limitations. Some of these promotional subscriptions may be offered through third parties along with the provision of its own products and services. CHIVAS is not and will not be responsible for the products and services provided by said third parties.
CHIVAS reserves the right to terminate or otherwise modify the subscription plans it offers, which will notify the USER by email at least 15 calendar days in advance of the date on which such modification or termination takes place , If the USER does not agree with the termination or modification of the subscription plans offered, USER must follow the instructions set forth in Article 5 of this AGREEMENT to cancel its CHIVAS TV ACCOUNT within 15 calendar days after the date In which the respective modifications enter into force, in the understanding that in the contrary, it will be understood that the user has agreed to the subscription plan changes. CHIVAS may offer plans or packages that include various products or services that it deems appropriate, provided that such products or services may be offered separately to the USER, it being at the discretion of the USER to hire them or not.
PAYMENT METHOD, CHARGES and INVOICES: At the beginning of the CHIVAS TV SUBSCRIPTION, the USER agrees that CHIVAS, its COMISSION AGENTS, or any other payment gateway authorized will be able to charge the SUBSCRIPTION at the current rate at the time, through the PAYMENT METHOD selected by the USER during its registration, or, through the PAYMENT METHOD submitted by the USER if it modifies its CHIVAS TV ACCOUNT information. In case the USER requires a CHIVAS TV SUBSCRIPTION INVOICE he should contact the Call Center.
Depending on the country of residence of the USER, the PAYMENT METHOD accepted by CHIVAS TV include, but not are limited to: Credit Card, Debit Card, PayPal, cash in authorized convenience stores and with Omnilife Independent Distributors.
The SUBSCRIPTION will be charged according to the CHIVAS TV plan purchased by the USER. The USER acknowledges and agrees that by accepting CHIVAS TV, the USER agrees to pay the SUBSCRIPTION, and that CHIVAS or the corresponding COMISSION AGENT can charge the SUBSCRIPTION purchased by the USER, even though the USER does not use CHIVAS TV, or, the USER watches, listens or manipulates partially or totally the CONTENT.
In all cases, CHIVAS will deliver to the USER, in the form agreed by the parties, a statement and / or monthly invoice, stating the specific data of the services provided. This statement and / or invoice must be made known or delivered to the USER at least 10 calendar days before the date of expiration of the term for the payment of services rendered.
The USER accepts that the payments are not reimbursable, for which he recognizes that there will not be any reimbursements nor credits for the partially used periods nor for the CONTENT not viewed or partially viewed. The abovementioned shall not apply in case of constant and proven failures in the service that are attributable to CHIVAS, in which case the USER shall be entitled to CHIVAS compensate him, either in cash or in kind for services or products offered in CHIVAS TV, the proportional part of the price of the service that was not provided, and as a bonus, services or the amount equivalent to 20% of the amount of the respective allocation period.
The current price for the SUBSCRIPTION may be modified at any moment by CHIVAS, or, there could be new prices, plans or packages from time to time to CHIVAS discretion, which will be notified via e-mail to the USER. In the case of changes to the current prices, CHIVAS will notify such modifications to the USER by email, at least 15 calendar days prior to the date on which such price changes take effect.
If the USER does not agree with the prices, plans or packages notified by CHIVAS, USER must follow the instructions set forth in Article 5 of this AGREEMENT to cancel its CHIVAS TV ACCOUNT, in case USER do not cancel its ACCOUNT within 15 days after the date on which the changes to the prices, programs or packages enter into force, it will be understood that USER has accepted said changes.
If the USER requires to use a different PAYMENT METHOD or if there is any modification on the PAYMENT METHOD, for example, date of birth or credit or debit card information, the USER must modify corresponding information on the PAYMENT METHOD visiting the WEBSITE and clicking on the "MY ACCOUNT" link.
If the date of the PAYMENT is due without the USER making any updates on his PAYMENT METHOD details or canceling its CHIVAS TV ACCOUNT, by this means, the USER recognizes his responsibility on all the pending payments. Likewise, the USER recognizes that CHIVAS is capable of suspending his access to the CONTENT in case the PAYMENT METHOD is not authorized by the system or in case the USER do not make the payment of his CHIVAS TV SUBSCRIPTION in which cases and independently of the suspension of his CHIVAS TV ACCOUNT, the USER will pay for the total amount of his SUBSCRIPTION.
6 - CHARACTERISTICS
AVAILABILITY. The availability of the CONTENT will be updated from time to time. The quality of the image in the broadcasted CONTENT over the Internet may vary depending on the DEVICE in which it is streamed, the USER location, the bandwidth available, the Internet connection speed or the lack of minimum requirements described in this AGREEMENT, for which the USER recognizes that CHIVAS shall not be responsible, since this are extraneous causes not attributable to CHIVAS.
All charges for Internet access are responsibility of the USER. CHIVAS does not declares or grants any warranty regarding the quality of the experience the USER may have while streaming the CONTENT on a DEVICE, when the delay on the service depends on the Internet provider and not CHIVAS.
TIME OF START. The time of start of the CONTENT streaming may vary depending on different factors, including but not limited to the USER location, the available bandwidth at the moment, the selected CONTENT, the DEVICE configuration and the lack of minimum requirements described in this AGREEMENT. The USER recognizes that CHIVAS shall not have any responsibility, since this are extraneous causes not attributable to CHIVAS.
REQUIREMENTS AND LIMITATIONS FOR THE DEVICES. The USER can access CHIVAS TV with a same CHIVAS TV ACCOUNT in different DEVICES at the same time to stream CONTENT that is not being broadcasted live, nevertheless, for live CONTENT, the USER will only be able to stream that CONTENT on 1 (one) DEVICE at the time.
If the USER is unable to watch the CONTENT, it may be possible that the USER's DEVICE may not be compliant with CHIVAS TV system requirements set forth in this AGREEMENT.
CHIVAS, for justified reasons, may to prohibit or disable the access to certain CONTENT on certain DEVICES at any time which will be notified to the USER via e-mail with at least 15 calendar days in advance to any change. If the USER does not agree to such modifications, the USER must follow the instructions set forth in Article 5 of this AGREEMENT to cancel his CHIVAS TV ACCOUNT within 15 days after the effective date of the modification indicated, and in case If USER does not cancel its CHIVAS TV ACCOUNT, it will be understood that USER agrees with said modifications.
GEOGRAPHIC RESTRICTIONS. The geographic location in which CHIVAS TV is offered may be modified from time to time which will be notified to the USER via e-mail with at least 15 calendar days in advance to any change. If the USER does not agree to such modifications, the USER must follow the instructions set forth in Article 5 of this AGREEMENT to cancel his CHIVAS TV ACCOUNT within 15 days after the effective date of the modification indicated, and in case If USER does not cancel its CHIVAS TV ACCOUNT, it will be understood that USER agrees with said modifications.
The available CONTENT may vary depending on the USER geographic location. Different technologies will be used to verify the USER's location and the access to the CONTENT will be blocked in case the USER resides on a restricted country.
7 - CHARACTERISTICS AND FUNCTIONALITY
8 - ACCESS AND IDENTITY PROTECTION
In order to facilitate the access to his CHIVAS TV ACCOUNT, CHIVAS may implement a USER recognition software to grant access without requesting the password. The USER shall be solely responsible to update and maintain the accuracy of its personal information regarding its CHIVAS TV ACCOUNT.
The USER shall maintain and protect the confidentiality of his CHIVAS TV ACCOUNT and password. If he reveals his password to any person or shares his CHIVAS TV ACCOUNT or DEVICES with additional people, the USER assumes full responsibility for his actions. In case the USER utilizes shared or public electronic devices to access to CHIVAS TV, the USER must logout at the end of every visit.
If the USER sells or returns a DEVICE, the USER must logout and disable the DEVICE. Additionally, in case the USER's DEVICE is lost or stolen, the USER should generate a report on the Call Center to ensure such misusage of the DEVICE. If the USER does not logout or disables the DEVICE, other subsequent USERS may access CHIVAS TV through the USER's CHIVAS TV ACCOUNT and access his personal information.
If the USER discovers that its was a victim of identity theft and the crime was carried out through a CHIVAS TV ACCOUNT, USER must notify the customer service center immediately. In addition, it is the responsibility of the USER to report the theft to the issuers of your credit card in case this is the PAYMENT METHOD selected, and also to the competent authorities of the USER's country. CHIVAS reserves the right to temporarily or definitively suspend any CHIVAS TV ACCOUNT at any time when it is considered that there is a risk of any fraudulent activity. In such case, it will notify the USER of the suspension carried out, informing him of the actions to be taken to rehabilitate the respective TV CHIVAS ACCOUNT.
9 - WARRANTIES AND LIMITATIONS
CHIVAS TV, including the WEBSITE and / or APP, the CONTENT and the SOFTWARE or any other feature or functionality of CHIVAS TV are offered "as is." CHIVAS does not express, represent or guarantee that the USER will be able to use CHIVAS TV without interruptions or without errors in case the USER does not comply with all the minimum requirements and conditions established in this AGREEMENT. CHIVAS expressly states that it assumes no responsibility for the use of the WEBSITE AND / OR APP, the DEVICES and SOFTWARE (Including compatibility with CHIVAS TV) in case the USER does not comply with all the minimum requirements and conditions established in this AGREEMENT. Notwithstanding the foregoing, CHIVAS and its licensors assume no liability whatsoever for any loss or damage and / or damage arising from the use of the SOFTWARE, CONTENT or contents of the WEBSITE and / or APP, including damages or losses caused by the download Of the SOFTWARE, the download or use of any other software, or any other conduct of the users of CHIVAS TV, the WEBSITE and / or APP or the SOFTWARE in case the USER does not comply with all the minimum requirements and conditions established in this AGREEMENT. Given the nature of the service covered by this AGREEMENT and to the extent permitted by applicable law, CHIVAS does not represent or warrant that the information accessed through the WEBSITE AND / OR APP is accurate, complete or current, or Declares or warrants that the use made of CHIVAS TV is free from interruption, loss, corruption, attack, virus, interference, hacking or any other intrusion against security and does not assume any responsibility in relation to these events that are extraneous and External to CHIVAS TV.
In no case nor circumstance CHIVAS, its parent companies, subsidiaries or subsidiaries and their respective shareholders, directors, officers, employees or licensors, will be liable (individually or as a whole) to the USER for personal injury or any damage arising from loss of use, data or profits or any other damage or loss of a commercial nature, whether or not it has been warned or not of the possibility of damages and any liability that may arise with the use of CHIVAS TV, the CONTENT, WEBSITE and / or APPLICATION and the SOFTWARE, the characteristics or functionalities of CHIVAS TV, in case of misuse by the USER, not respecting the minimum requirements and conditions of this AGREEMENT and for external causes and not attributable to CHIVAS and / or CHIVAS TV. The total liability of CHIVAS for any damage or loss caused by the use or inability to use CHIVAS TV (including the site and / or application, content and software) may in no case exceed the amount of the monthly SUBSCRIPTION fee (Except to the extent applicable law requires otherwise).
CHIVAS does not grant any declaration or guarantee regarding the DEVICES nor the compatibility or configuration of the DEVICES, as well as with respect to the Internet connection of the USER. The various third-party software end user license agreements that the USER has agreed to in order to access CHIVAS TV may contain additional exclusions or limitations on liability.
10 - INTELLECTUAL PROPERTY
THE INTELLECTUAL PROPERTY OF THE CONTENT, SOFTWARE AND BRAND. All CONTENT and SOFTWARE are the property of CHIVAS and / or its respective licensors, and are protected by applicable copyright laws and / or other intellectual property laws or treaties, as applicable. The compilation of the CONTENT and any SOFTWARE or other material provided by CHIVAS on the WEBSITE AND / OR APP or user interface or in connection with CHIVAS TV or the WEBSITE AND / OR APP are the exclusive property of CHIVAS and / or their respective licensors and are protected by copyright laws and / or other applicable laws in the territories in which CHIVAS TV operates and by the provisions of international treaties. The USER may not reproduce and / or use, in whole or in part, in any form or medium, the CONTENT, its content and / or information for purposes other than those authorized in this document. The USER agrees to comply with the limitations set forth in this AGREEMENT and agrees not to decompile, reverse engineer or disassemble the SOFTWARE or any other product or process accessed through CHIVAS TV, not to insert codes or products or to manipulate the contents of CHIVAS TV in no way and do not use any method of analysis, extraction or obtaining data. CHIVAS reserves the right to terminate CHIVAS TV and / or SUBSCRIPTION of the USER if it considers, in its sole and total discretion, that the USER or any other user of his CHIVAS TV ACCOUNT infringed or is in violation of the restrictions of the SOFTWARE, Intellectual property rights of third parties or CHIVAS. The use of CHIVAS TV, including the CONTENT, is exclusively for personal and non-commercial use. CHIVAS TV and the logo of CHIVAS TV are registered trademarks and works protected by copyright, so they can only be used with prior authorization and in writing of CHIVAS. The WEBSITE AND / OR APP and the user interfaces, including, but not limited to graphics, logos, titles, button icons, scripts and service names marks of CHIVAS and / or its owners and CHIVAS are duly authorized to use them . Other trademarks appearing on the WEBSITE AND / OR APP and the user interfaces are the property of their respective owners, who may or may not be linked or sponsored by CHIVAS.
11 - CONTENT
CHIVAS offers the CONTENT to the USER which includes live recorded or filmed video and audio, for which it reserves the right to show and promote the CONTENT or any other information through CHIVAS TV, included the WEBSITE and/or APP and user interfaces, by any means CHIVAS considers pertinent to his solely discretion. Nevertheless, CHIVAS TV allows the USER and third parties to publish articles or comments regarding the offered entertainment. All opinions, advice, declaration, service, offer or any other information that is art of the expressed or provided content by third parties through CHIVAS TV corresponds to their respective authors or producers and do not reflect the opinion, advice, declaration, service, offer or any other information from CHIVAS or his shareholders, directors, executives, employees or licensors. CHIVAS and his shareholders, directors, executives, employees or licensors will not be responsible on any case for loss or damages by trusting the information obtained through CHIVAS TV. It is responsibility of the USER to evaluate the information, opinion, advice or any other content available through CHIVAS TV and/or the WEBSITE and/or APP.
Notwithstanding the foregoing, CHIVAS will not oblige the USER to contract additional services as a requirement for the contracting or continuation of the provision of services originally contracted.
12 - TERMINATION
Notwithstanding what is established throughout this AGREEMENT regarding the possibility of cancellation or termination of this AGREEMENT by the USER, CHIVAS reserves the right to terminate this AGREEMENT or restrict the USER's access to CHIVAS TV, in case of any breach of the conditions set forth in this AGREEMENT or the misuse of CHIVAS TV or the CHIVAS TV ACCOUNT, included, but not limited to the set forth in Articles 14 and 15 of this AGREEMENT without any liability.
13 - ACCESS CONDUCT AND USE
By accessing to CHIVAS TV, including the WEBSITE and/or APP and the user interfaces, the USER agrees to use CHIVAS TV, included all its characteristics and functionalities, the WEBSITE and/or APP and the user interfaces and all the CONTENT and the SOFTWARE in conformity with all the laws, norms and current regulations, including the limitations public display or any other restriction to the usage of CHIVAS TV or its CONTENT. The USER commits to never upload, publish, send by e-mail or transmit by any means any material that contains a software virus or any other code, file or computer software designed to interrupt, destroy or limit the functionality of any software, hardware or telecom devices associated with CHIVAS TV. The USER also commits to not interfere with the servers or networks connected to CHIVAS TV nor infringe any procedure, policy or regulation of any network connected to CHIVAS TV. The USER also commits to not pretend to be someone else while using CHIVAS TV, to avoid any offensive behavior and not to utilize CHIVAS TV with unlawful means.
14 - RESPONSIBILITY
The USER agrees to use CHIVAS TV and the SOFTWARE as stated in this AGREEMENT, as well as to comply with the applicable legislation on intellectual and industrial property. The USER agrees and acknowledges that the use of CHIVAS TV should not be used for commercial means or any other means out of the described in this AGREEMENT.
The USER shall be solely responsible for the consequences, damages or actions that may result from the improper use of CHIVAS TV, the SOFTWARE and/or its CONTENT.
The USER must be over 18 (EIGHTEEN) YEARS old in order to be able to obtain a CHIVAS TV ACCOUNT. Although the USERS under 18 (EIGHTEEN) YEARS old may use CHIVAS TV, they are only allowed the usage under the supervision and approval of a parent or tutor as owner of the CHIVAS TV ACCOUNT. CHIVAS TV and the accessed CONTENT through CHIVAS TV are only for personal use. Apart from the mentioned license, CHIVAS and/or his licensers do not grant any title or right over the CONTENT, the information, the WEBSITE and/or APP nor the SOFTWARE.
The USER acknowledges that aside from the cache stored for the required WEBSITES or any additional content authorized on this AGREEMENT, the USER is not allowed to modify, copy, distribute, transmit, execute, reproduce, duplicate, publish, grant any license, create any additional media using CHIVAS TV CONTENT nor to sell information obtained or contained in CHIVAS TV without any written consent from CHIVAS.
The USER is forbidden to remove, modify, disable, interfere or avoid any technologic protection and/or any other related to CHIVAS TV CONTENT.
The USER is not allowed to frame, mask or use any framing or masking techniques to hide a watermark, logo or any other information protected by intellectual or industrial property laws (such as images, texts, page diagrams or forms) from CHIVAS and/or his licensers without any written consent.
The USER is not allowed to buy search terms or use any metadata or any other "hidden text" using the name or the CHIVAS brand without any written consent from CHIVAS. All unauthorized usage of CHIVAS TV or its CONTENT will result in an ineffective license granted to the USER and the definitive cancellation of his CHIVAS TV ACCOUNT, as stipulated on Article 13 of this AGREEMENT.
16 - APPLICABLE LAW AND JURISDICTION
This AGREEMENT shall be governed by and construed in accordance with applicable federal laws in Mexico, and the Parties expressly and irrevocably agree to submit to the jurisdiction of the competent courts of Guadalajara, Jalisco, Mexico, in respect of any claim, action or proceeding and expressly and irrevocably waive any other jurisdiction that may correspond to them by reason of their present or future domicile or for any other reason.