1.1 Service Provider
The Service is provided by Elisa Oyj, a Finnish company whose registered office is located at Ratavartijankatu 5, Helsinki, Finland (“Elisa”), postal address: P.O.Box 1, 00061 Elisa, Finland, email: email@example.com.
1.2 Acceptance of Terms
1.3 Changes to Terms
Elisa continuously develops and improves the Service and therefore Elisa must also modify the Terms from time to time. These modifications take effect when published on the Website or communicated to you in any way. Continued use of the Service by you after such a modification occurs is considered as consent thereto. You should check the Website regularly to verify whether these Terms have been modified. If you do not agree to the new Terms, you are not entitled to use the Service or access anymore the Content.
These Terms consist of the following documents. In case of discrepancies between the documents included in the Terms, the documents will take precedence in the following order:
- 2. Other Special Terms and Conditions, if any
- 3. End User License Agreements
- 5. Usage instructions
- 6. Price lists, if any
2. The Service
2.1 Service description
The Service is a media service providing adventure sport content (“Content”) to you for your private use under the terms and conditions set out in these Terms.
Elisa may amend the Service and any Content at any time without notice. You accept that the Content that is available when you visit or register to the Service might not be available at a later stage.
Additional information and descriptions of the Service, the Content, fees and new features and functionalities are available on the Website.
2.2 Access to the Service and Content
Certain parts of the Service are available free of charge. You must register to the Service in order to use all features of the Service as well as see all Content. Please note that there may be additional terms and conditions that apply to the use of additional services and features. Further information on Services and Content is available on the Website.
In order to register to the Service you must be at least 18 years of age and be a resident in one of the countries, which will be listed from time to time on the Website (“Territory”).
For registration, you need to create a personal account (“My Account”) and register as a user by following the instructions on the Website. For registration you have to provide Elisa with relevant true and correct personal details, and agree to promptly update any changes to your personal details. You are not allowed to have more than one account.
To use the Service you shall create a unique and distinct password. You are responsible for your username and password and should never give it out to anyone else. You may not select or use an identity of another person with the intent to impersonate that person. You must use a valid Facebook account and/or e-mail address and Elisa reserves the right to test and verify this at any time. It is prohibited to agree with third parties upon the transfer, the utilization or the provision of accounts, resources or access data.
By supplying your contact information when you register for the Service, you grant Elisa permission to contact you regarding your account and any special offers or promotions related to the Service that Elisa and its partners may offer you from time to time. You may also receive commercial messages and advertisements when using the Service, including when viewing the Content.
2.6 Refusal of Service Registration or Usage
Elisa reserves the right to refuse registration to the Service or to terminate or restrict use of the Service for any or no reason whatsoever. One reason that Elisa may do so is if Elisa believes you are in breach of any obligation under these Terms.
Answers to the most frequently asked questions about the Service and Content can be found on the Website. You can also contact EpicTV by email: firstname.lastname@example.org. Support is available in English.
3. Technical Issues
3.1 Technical requirements to use the Service
Before registering, please ensure you have all the necessary equipment, systems and connectivity to use the Service properly. Elisa is not able to specify particular requirements and is not responsible in any way for your ability or inability to use the Service. Minimum system requirements and applicable equipment are specified on the Website but even compliance with these does not guarantee you will be able to use the Service and Content successfully. In order to test your ability to use the Service you will have a 30-day free trial period, as further described above under Section 4.
You acknowledge that the availability of the Service and in particular the streaming of Content may be affected by internet traffic congestion or by other network, ISP, electronic, computer or other communication problems or failures and that Elisa is not responsible for such failure.
You also understand that the Service is a film streaming service which consumes a lot of data and may use international connections. In order to avoid any extra or unpredictable charges, a fixed price internet connection is recommended for the use of the Service.
3.2 Links to other Websites or Services
Elisa may provide links to other websites or services for you to access, including Facebook through the EpicTV Facebook Application. You acknowledge that any access is at your sole discretion. Elisa does not review or endorse any of other websites or services and is not responsible in any way for such websites or services or for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on such websites or services.
In order to provide you with an easy-to-use service, Elisa will place a ‘cookie’ (a small text file) on any computer you use to access the Website. When you revisit the Website, this cookie will enable Elisa to recognise you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification.
4. Free Trial
By registering to the Service you have a free trial period of 30 days. Free trial is available only once and only for new registered users. In order to get the free trial you must register to the Service by following the instructions on the Website. The free trial entitles you to watch a maximum of ten (10) films and to see other Content in the Service.
When you register for the Service and start your free trial, your method of payment will be authorised for up to one (1) month of Service in order to verify your identity, and to protect Elisa from theft and fraud. Some banks or payment card companies may reflect this authorisation against your available balance or credit limit. No actual charges, however, will be made against the card if you cancel the Service prior to the end of the free trial.
The free trial period will begin on the date registration is completed and the account is successfully created, and ends after thirty (30) days. You may inform Elisa during the free trial that you want to be a fully registered user. In that case, monthly invoicing starts from the date Elisa has received such information and has given you full access to the Service and Content.
5. Service fee and payment
5.1 Fee and changes thereto
Service is available by paying a fee (Fee). Some parts of the Service may be available free of charge or by paying a separate fee or other charge. Details about the fees and charges for different parts of the Service are available on the Website.
Elisa may from time to time, in its sole discretion, change the fees and charges, or add new fees and charges, in relation to any of the Service or Content. Elisa will notify you thereof on the Website and/or by email at least 30 days in advance of any such change. If you do not agree to the change, you may terminate the Service to end at the end of current invoicing period.
5.2 Invoicing of the Service
The Fee will be charged on the day immediately after the free trial ends, if applicable, or on the first day after registration; and, from then on, at prescribed intervals. If not otherwise agreed, invoicing happens monthly in advance. Invoicing will continue unless and until you terminate the Service, and regardless of how much you use the Service. Elisa will automatically charge you each month, using the payment method you have specified. All fees and charges are non-refundable. Elisa does not provide refunds for terminations part-way through the invoicing period.
Any other fees or charges that may be incurred in connection with the use of the Service shall be invoiced according to what is said on the Website.
Payment currency is the Euro (€). You agree not to hold Elisa responsible for currency exchange or other banking charges incurred due to payments on your account. Further information and instructions for invoicing and payment methods are found on the Website.
6. Intellectual Property Rights
Under the condition that you have paid the applicable fees for the Service and subject to these Terms, Elisa grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable right to view, and privately display for non-commercial, private use, the Content included in the Service within the Territory. The display of the Content is further limited to private viewing in a private home or apartment by you.
You may not use, transfer, display, perform or otherwise make the Content available except as expressly permitted in these Terms. For example, without limitations, you may not: (a) sell, distribute, broadcast, rent, lease, sublicense or otherwise assign any access or right to the Content to any third party; (b) transmit, distribute, copy, or upload the Content, regardless of whether a fee is charged or not; (c) display the Content in a commercial establishment or in a public place, regardless of whether a fee is charged thereof or not; (d) attempt to bypass, modify, disable, defeat or in any other way circumvent any digital rights management system used as part of the Service or the Content; (e) use the Service or the Content for any commercial or illegal activities.
The Content and all other content available through the Service and on the Website, including text, graphics, designs, pictures, videos, information, applications, software, music, sound and other files, are the proprietary property of Elisa or its affiliates and/or its licensors and without prejudice to any and all other rights and remedies available., Each licensor has the right to directly enforce relevant provisions within these Terms and Conditions against you. Except for the rights expressly granted to the User under these Terms, no right to the Service or the Content is assigned to you, and all right, title and interest in the Service and the Content are reserved and retained by Elisa and its licensors. Under no circumstances does Elisa or any of its licensors transfer any right, title or interest in the Content to you. You do not acquire any ownership rights to the Service or the Content as a result of receiving the digital distribution of the Content.
EpicTV, the EpicTV logo and all other EpicTV product or service marks are trademarks of Elisa Oyj. All other trademarks, logos, images, product and company names displayed or referred to on the Website or Service or Content are the property of their respective owners. Nothing grants you any license or right to use, alter or remove such material.
7. EpicTV Facebook Application
You may choose to use the EpicTV Facebook Application (Application). If you use the Application you understand and agree that activity on EpicTV’s Service and Content, including your past current and future queue, rental history, lists, reviews and ratings will be replicated on the Application and made available to other users of the Application who are your friends on Facebook. Elisa makes the Application available to you in accordance with, and subject to, Elisa’s End User License Agreement.
You must use the Application in accordance with the Terms and in particular you shall not use the Application in any manner which Elisa, in its sole discretion, deems unacceptable, including (without limitation):
- to disrespect, harass, bully, offend impersonate or spam other users of the Application;
- to create or publish any abusive, defamatory, offensive, obscene or pornographic content;
- for any illegal, immoral or harmful purpose; or
- to infringe the rights of any third party; and
- you will not, and will not encourage or assist any other person to, circumvent, modify, remove, reverse-engineer, decompile, disassemble, alter or otherwise tamper with the Application.
Elisa reserves the right, in its sole discretion, to remove, edit or cease to make available the Application at any time and Elisa may do this with or without giving you any prior notice.
8. Prohibited Use of the Website
You agree not to upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Website. You agree not to interfere with the servers or networks underlying or connected to this Website or Service or to violate any of the procedures, policies or regulations of networks connected to the Website.
Further, you agree not to impersonate any other person while using the Website, conduct yourself in an offensive manner while using the Website, or use the Website for any illegal, immoral or harmful purpose.
9. Service Level
9.1 Service Interruptions and compensation
Even though Elisa makes reasonable efforts to keep the Service operational, technical problems or maintenance may result in interruptions. If the Service is unavailable due to a fault of Elisa, you have the right to repayment of the proportion of the paid Fee that corresponds to the time that the Service has been unavailable, under the condition that the fee to be repaid exceeds ten (10) euros (€). Instead of giving a refund, Elisa has the right to compensate you with free access to the Service corresponding to the time that the Service has been unavailable. You must make the claim for a refund or other compensation at the latest within 14 days from the time of the Service’s unavailability. Elisa is not responsible for unavailability or deficiencies of the Services caused by you, deficiencies in the Internet access or any other event beyond Elisa’s control.
9.2 Updates and maintenance
From time to time Elisa will carry out updates and maintenance of the Service during which the Service might be unavailable. Elisa will try to arrange updates and maintenance at a time when there is the lowest usage of the Service. Notwithstanding anything set out elsewhere in these Terms, unavailability due to updates and maintenance does not entitle you to any refunds or other compensation.
10. Disclaimer of Warranties and Limitations on Liability
10.1 As Is
The Service, Website and the Contents are provided “as is” and on an “as available” basis and there is no warranty, expressed or implied, in regard to the availability, fitness for purpose, suitability, Content or other data provided and the quality of the Service. You also acknowledge that freedom from program errors cannot be obtained in the software industry.
10.2 Indirect losses
Elisa (including, but not limited to, affiliated companies and their contractors, shareholders, officers, directors and employees) or its licensors shall in no event be liable (jointly or severally) to you or any third party for any special, incidental, indirect or consequential damages or loss of any kind, or any damages whatsoever resulting from loss of use, data or profits.
Elisa’s maximum liability to you (whether in contract, tort, (including negligence), breach of statutory duty or otherwise), arising out of or in connection directly or indirectly with the use of the Website, or any Content or Services shall not exceed in aggregate the total amount paid by you to Elisa in respect of Content and Services in six (6) months preceding any such claim.
10.4 Liability by Law
Nothing in this clause or otherwise in these Terms shall exclude or in any way limit Elisa’s liability to the extent the same may not be excluded or limited as a matter of relevant legislation.
11. Termination and suspension
11.1 User’s right to terminate
You may terminate the Service at any time, if not otherwise agreed, through My account section of the Website. For technical reasons termination must be made at least seven (7) days before the end of invoicing period to end at the end of that invoicing period. Otherwise Service will be terminated in the end of the invoicing period following termination. Elisa is unable to accept or guarantee termination requests via email or by letter (either posted, or included with returns).
11.2 Elisa’s right to terminate and suspend
Elisa reserves the right to change, suspend, or cease the Service and Content, or any part thereof at any time and without notice. In particular, Elisa reserves the right to remove any Content from the Service or to cease the streaming and watching of any Content on the Website or any device if necessary to comply with Elisa’s obligations to its licensors. Elisa will not be liable to you if it exercises those rights, even if the use of the Service or watching any Content is affected by the change, suspension or cessation.
You acknowledge that, in addition to any rights that Elisa or licensors have, any breach or violation of these Terms will entitle Elisa to terminate use of the Service immediately without notice and without refunding any of the fees. You specifically acknowledge that Elisa has the right to directly enforce relevant provisions within these Terms against you.
12. Law and Dispute Resolution
The Service is transmitted from Finland by Elisa, which is a Finnish Company, and therefore Finnish law shall apply to these Terms and to the Service, except with regard to principles on conflict of laws. Any dispute, controversy or claim arising out of or in connection with these Terms or the Service, or breach, termination or invalidity thereof, shall be determined by Finnish courts of general jurisdiction where the district court of Helsinki shall be the court of first instance, unless otherwise stipulated in an individual matter by compulsive legislation.
Elisa has the right, as regards illegal copying or distribution of the Content or the Service to the public, to instigate proceedings for damages or injunctions in any court having jurisdiction.
13. Additional Terms
13.1 Indemnity by User
Upon request by Elisa, you agree to indemnify, defend and hold Elisa harmless (including, but not limited to, affiliated companies and their contractors, directors, officers, and employees) from all claims, liabilities and expenses (including reasonable attorney’s fees) that arise from your misuse of the Service in a manner not in strict conformance with these Terms.
Furthermore, Elisa reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. However, in such event you agree to cooperate with Elisa in asserting any available defenses.
13.2 Privacy and Personal Data
13.3 Promotion Codes
Any promotion code or offer provided on the Website or via any device cannot be used in conjunction with any other promotion code or offer, past or present.
13.4 Liability for Content
You agree to use the Service at your own risk, understanding that by using the Service, you may encounter Content that may be deemed offensive, indecent, abusive, defamatory, harassing, threatening, malicious or objectionable. Elisa shall have no liability to you for such Content. Content types and descriptions, such as genres, categories etc, are provided for convenience only and Elisa does not guarantee their accuracy.
13.5 Force Majeure
Elisa is not liable to you for any lack of performance, or the unavailability or failure, of the Website or any of the Service or Content or for any failure or delay by Elisa to comply with these Terms, where such lack, unavailability or failure arises from any cause beyond Elisa’s reasonable control.
Elisa is entitled, in whole or in part, to assign its rights and obligations under these Terms to a third party.
13.7 Partial Invalidity
If any provision of these Terms shall be invalid or unenforceable, at any time or to any extent, remainder of these Terms shall not be affected thereby. Each provision of these Terms shall be valid and enforced to the fullest extent permitted by law.