FREETV TERMS OF USE
1. INTRODUCTION TO THE SERVICE AND ACCEPTANCE OF TERMS OF USE.
1.1. Introduction. OLYMPUSAT, LLC provides an online streaming service that offers a selection of on-demand videos with individual movies, series, clips and other audiovisual content (collectively, the "Content") through the FREETV™ platform; located on the FREE TV site at http://www.FREETV.com (the "Application Site"), mobile applications (Applications) and as available, smartphones, smart TVs, computing devices or gaming system platforms that allow you to access the Content (collectively, the "Services"). These detailed terms and conditions, INCLUDING THE BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER CONTAINED IN SECTION 18 and incorporating our Privacy Policy (collectively, the "TOU"), govern your use of the Services. Therefore, it is important that you read and understand these TOU.
1.2. Acceptance of TOU. To access and enjoy the Services, you, your heirs and assigns (collectively, "you") must accept and at all times follow the provisions set forth in these TOU. By using the Services, you accept and agree to be bound by these TOU. Please take a moment to carefully read these TOU. If you do not agree with these TOU, you should not use the Services.
1.3. If registration is introduced or required on FreeTV to use the Services, you represent that you have the right to disclose to us your distributor or social network account access information and/or to grant us access to your distributor or social network account. Please keep confidential your FREETV password used to access the Services. If you disclose your password to anyone or share your account and/or devices with others, you assume full responsibility for their actions. You are responsible for all use of your FREETV account, including unauthorized use by third parties, so you must be very careful to protect the security of your password. Please notify us immediately by email at soporte@FreeTV.com as soon as you know or suspect any unauthorized use of your account. Users of public or shared devices should log out at the end of each visit. If you sell or return a computer or device, you must log out and deactivate the device before doing so. If you do not log out and deactivate the device, subsequent users may be able to access your account information.
2. THE SERVICES.
2.1. Once you download the application, you will be able to access FREETV which provides access to different types of video on demand content.
2.2. References to the "Services" throughout these TOU are intended to include all Services available through FREETV.
2.3. CHANGES TO THE TOU. We may modify these TOU (including the Privacy Policy) at any time at our discretion, with or without notice to you, with immediate effect by posting the modified TOU on the Services. The most recent version of the TOU will replace all previous versions. You may also be asked to re-acknowledge and accept these TOU after any material changes, as we determine in our sole discretion.
3. ACCESS AND USE OF THE SERVICES.
3.1. Geographic Limitation. FREETV is available and operated in the United States of America, Latin America and the Caribbean (hereinafter collectively referred to as the "Territory(ies)" or individually as a "Territory" if referring to individual areas such as (i) Latin America, (ii) the United States of America and (iii) the Caribbean). Latin American countries include: Argentina, Bolivia, Chile, Colombia, Costa Rica, Ecuador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, El Salvador, Uruguay and Venezuela. The United States is defined as the United States, Puerto Rico and the United States Virgin Islands. The Caribbean includes the Dominican Republic. FREETV may be available and operated in other countries and this TOU will be updated accordingly. Content in each Territory may vary due to rights and licenses. FREETV does not guarantee that all Content is or will be available in all Territories. We may restrict access to FREETV in whole or in part with respect to certain Content from other countries or locations outside the Territory at our sole discretion. You represent and warrant that you are located in a location where FREETV is available and agree not to attempt to access the service from another location or through VPNs and/or proxy servers located anywhere. We may use technologies to verify your geographic location and will block access to the Services based on our good faith determination that you are located outside the Territory. Any unauthorized access outside the Territory could result in termination of your access to the Services.
3.2. Age Limitations. You must be 18 years of age or older to be a user of the Services and conduct transactions through the Services. In certain jurisdictions, the age of majority may be greater than 18 years, in which case you must meet that age to become a user. While individuals under 18 years of age may use the Service, they may do so only with the consent of a parent or legal guardian, under such person's account and subject to these TOU, the Privacy Policy and any other posted terms. The Services are directed to a general audience and are not intended to be purchased or used by children without the participation, supervision and approval of a parent or legal guardian.
3.3. Your License. You are hereby granted a limited, non-exclusive and non-transferable license to access the Services for personal and non-commercial purposes, as set forth in these TOU. Except for the limited license above, no right, title or interest will be transferred to you.
3.4. The Content. We do not promote, endorse or permit the copying of movies, television programs or any other digitally delivered content, or any other infringing activity. You may not, either directly or through the use of any device, software, Application, web-based service or other means: (i) 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 geographic filtering mechanisms; and (ii) copy, download (except through caching of pages necessary for personal use, or as expressly permitted by these TOU), modify, distribute, transmit, display, perform, reproduce, broadcast, duplicate, publish, license, create derivative works from, or offer for sale any Content or other information contained in or obtained from or through the Services, without our express written consent. You may not incorporate the Content into, or stream or retransmit the Content through any hardware or software application or make it available through frames or in-line links unless expressly permitted by us in writing. In addition, you may not create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by us. You may not create a business using the Content, whether or not for profit. Content covered by these restrictions includes, without limitation, any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, it is strictly prohibited to create derivative works or materials based in any way on the Content, including montages, mash-ups and similar videos, wallpapers, desktop themes, greeting cards and merchandise, unless expressly permitted by us in writing.
4. PARENTAL CONTROLS/CONTENT.
4.1. THE SERVICE CONTAINS MATURE CONTENT, WHICH MAY NOT BE APPROPRIATE FOR CHILDREN. WHENEVER POSSIBLE, CONTENT IS RATED IN ACCORDANCE WITH GUIDELINES ESTABLISHED BY THE MOTION PICTURE ASSOCIATION OF AMERICA OR TELEVISION RATING/CONTENT NOTICES. HOWEVER, SOME CONTENT MAY NOT BE RATED AND/OR MAY CONTAIN VIOLENCE, SEXUAL CONTENT AND MATURE THEMES. Such content is intended for persons over 18 years of age or persons who have received consent from a parent or guardian.
4.2. If you wish to restrict content on your account, you may do so by:
4.2.1. Taking advantage of the parental control feature of the Services (if available), by accessing the "Parental Control" section of the "Settings" feature to set and manage parental control settings linked to your account. Parental Control allows you to set a maximum movie and television rating and is designed to filter unrated Content.
4.2.2. Visit your distributor's website to set Parental Control (if available).
4.3. If you choose to access or allow a member of your household to access any mature or adult Content of the Service, you acknowledge and agree that exposure to visual images and sounds may occur that may depict nudity, sexual activity, violence, adult language or that are graphic in nature. You agree that use of the Service is at your own risk and that Olympusat will have no liability to you or any member of your household for the type of Content you may access or allow to be accessed. It is your responsibility to ensure that the Content you and/or members of your household access does not violate applicable community laws or other requirements.
5. HOW THE SERVICE WORKS.
5.1. General. We reserve the right, in our sole and absolute discretion, to make changes from time to time and without prior notice in the way we operate our Services. Any description of how our Services work should not be considered a representation or obligation regarding how the Services will always work. We are constantly making adjustments to our Services and often these adjustments may not be captured within these TOU.
5.2. Availability. Content availability will change from time to time. In response to requests from content providers, or due to technical limitations, or for any reason in our sole and absolute discretion, and without prior notice to you, some or all of the Content may not be viewable, may only be viewable for a certain period of time, or may cease to be available to be viewed instantly, through our Service on some or all devices. Some levels of the Services may allow you to view certain live Content, and such live Content may not be cached or recorded for later viewing and will only be available during the time period in which it is broadcast. The viewing quality of streamed Content may vary from device to device, and may be affected by a variety of factors, such as your location, available bandwidth and/or the speed of your Internet connection. You must be connected to the Internet at all times to view Content. You are responsible for all charges for Internet access. Check with your Internet provider for information on possible Internet data usage charges. We make no representations or warranties regarding the quality of your viewing experience.
5.3. Devices. You acknowledge and agree that the devices to be used to access the Services are manufactured and sold by entities other than us. A device is any electronic equipment that is authorized to decode and capable of decoding the television network, and individual movies and television programs that are streamed over the Internet through the Service. AS SUCH, WE ASSUME NO RESPONSIBILITY NOR PROVIDE ANY WARRANTY WITH RESPECT TO THE PERFORMANCE OF THE DEVICES, INCLUDING THE CONTINUED COMPATIBILITY OF THE DEVICE WITH OUR SERVICES. By using our Services, you agree to look solely to the entity that manufactured and/or sold the device for any issues related to the device and its compatibility with the Services. In addition, you agree that, for various reasons, such as content provider restrictions and other third-party limitations, certain Content that may be accessible through certain devices may not be accessible through other devices, and that Content may appear differently on different devices. Users with unauthorized devices will be blocked from accessing Content. You also agree that the number of devices through which you can view Content may change based on restrictions imposed by content providers and other third parties from time to time, in which case we will notify you regarding such restrictions. EACH ACCOUNT PROVIDES ACCESS FOR ONE USER AT A TIME. YOU WILL BE ALLOWED TO VIEW CONTENT ON ONE OR MORE DEVICES AT ANY GIVEN TIME. DEVICES THAT ALLOW ACCESS TO FREETV, WHICH ARE SUBJECT TO CHANGE FROM TIME TO TIME AS INDICATED IN THESE TERMS OF USE INCLUDE:
5.3.1. Android Smartphones: Samsung Galaxy, Samsung Galaxy Note, HTC One, One Mini and Nexus models 4, 5 and 6. Android Tablets: Asus Nexus 7, Samsung Galaxy Tab models 2, 3, 4, 8 and 10. Devices may be added in the future and you will be notified through the application.
5.3.2. iOS Smartphones from iPhone 4 to current version. Apple Tablets: iPad3, iPad4, iPad Mini and iPad Air.
5.3.3. Samsung TV, LG TV, Android TV, Amazon Fire TV, ROKU and the FREE TV website http://www.FREETV.com (the "Application Site").
6. SUBSCRIPTION SERVICE.
FREETV may offer an optional subscription service that provides access to video on demand content without advertising. This subscription service applies only to video on demand content. Free linear streaming channels continue to be free with advertising for all users, regardless of whether or not they have an active subscription. Subscription plans, prices, billing terms, and automatic renewal will be provided to the user prior to subscription through the Application or Site.
Use of the subscription service is subject to all other provisions of these Terms and Conditions of Use, including sections relating to intellectual property rights, responsibilities and restrictions on use, privacy, disclaimer of warranties, limitations of liability, and dispute resolution. We reserve the right to modify, suspend, or discontinue the subscription service at any time. To cancel your subscription, you may do so through your account settings or by contacting soporte@FreeTV.com.
7. PROPERTY RIGHTS AND INTELLECTUAL PROPERTY.
7.1. The Services, including all Content, software, user interfaces, text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations and software included in the Services (the "OLYMPUSAT IP"), are owned by OLYMPUSAT or its licensors or content providers and are protected by United States and international copyright, trademark, trade secret and other intellectual property laws and treaties. Any OLYMPUSAT IP that is a trademark, logo or service mark is also a registered or unregistered trademark of OLYMPUSAT or others. Your use of any OLYMPUSAT IP, except as provided in these TOU, without the written permission of the owner of such OLYMPUSAT IP is strictly prohibited. You are also advised that we will aggressively enforce our intellectual property rights to the fullest extent of the law. For purposes of clarification, you may not, without express written consent, purchase search terms or use any meta-tags or any other "hidden text" using OLYMPUSAT IP. Images of people or personalities contained in the Application and in connection with user interfaces do not constitute an indication or endorsement by OLYMPUSAT of any particular product or service, unless otherwise indicated.
8. YOUR RESPONSIBILITIES AND USE RESTRICTIONS.
8.1. The following Rules of Conduct apply to the Services. You agree that you will not use the Services in a manner that:
8.1.1. Violates the rights of third parties, including patents, trademarks, trade secrets, copyrights, privacy, publicity or other proprietary rights.
8.1.2. Uses technology or other means to access, index, frame or link to the Services that have not been authorized by us in writing (including removing, disabling, bypassing or circumventing any content protection or access control mechanisms intended to prevent unauthorized downloading, streaming capture, linking, framing, reproduction, access to or distribution of the Services).
8.1.3. Involves accessing the Services through any automated means such as "robots", "spiders" or "offline readers" (other than searches performed individually on publicly accessible search engines for the sole purpose and to the extent necessary to create publicly accessible search indexes -but not caches or archives- of the Services and excluding those search engines or indexes that primarily host, promote or link to infringing or unauthorized content).
8.1.4. Results in display of programming in areas open to the public or in commercial establishments or in retransmission, transmission or performance of programming, charging admission for viewing or transmitting or distributing streaming thereof or violating any additional public performance limitations.
8.1.5. Uses, transfers, distributes or disposes of any information contained in the Services in any manner that may compete with the business of OLYMPUSAT or any of its affiliates.
8.1.6. Results in sending spam or unsolicited mail or in collecting information about users for the purpose of sending spam or unsolicited mail.
8.1.7. Introduces viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
8.1.8. Damages, disables, overburdens, impairs or obtains unauthorized access to the Services, including our servers, computer network or user accounts.
8.1.9. Removes, modifies, disables, blocks, obscures or impairs any advertising in connection with the Services.
8.1.10. Uses the Services to advertise or promote services that are not expressly approved in advance in writing by us.
8.1.11. Collects personal information in violation of our Privacy Policy.
8.1.12. Encourages conduct that would constitute a criminal offense or give rise to civil liability.
8.1.13. Violates these TOU or any guidelines or policies posted by us.
8.1.14. Interferes with any other party's use and enjoyment of the Services.
8.1.15. Attempts to do any of the above.
9. SUSPENSION/DISCONTINUATION/TERMINATION.
9.1. We reserve the right to cancel, suspend or restrict your account or your use of the Services or access to Content at any time, without prior notice or liability, if we determine, in our sole discretion, that you have violated these TOU, have infringed any law, rule or regulation, have engaged in any other inappropriate conduct or for any other business reason, including if use of the Services or access to Content represents an excessive burden on our networks or servers. We will not be liable to you for any modification, suspension or interruption of the Services.
10. YOUR PRIVACY.
10.1. For information about our policies and practices regarding the collection and use of your personal information, please read our Privacy Policy. The Privacy Policy is incorporated by reference and forms part of these TOU. Therefore, by accepting these TOU, you agree that your use of the Services is governed by our Privacy Policy in effect at the time of your use. Any personal information submitted through the Service is subject to our Privacy Policy.
11. THIRD-PARTY WEBSITES, ADVERTISING AND APPLICATIONS.
11.1. Third Party Destinations. If we provide links to other websites, you should not infer or assume that we operate, control or are connected with these other websites or destinations. Please be careful to read the applicable terms and conditions and privacy policy of any other website before providing any personal information or engaging in any transaction. We are not responsible for the content or practices of any website other than the Site, even if the website is operated by an affiliated company or otherwise connected with us. By using the Service, you acknowledge and agree that we are not responsible to you for any content or other materials hosted and served from any website other than the Application itself and, therefore, only to the extent set forth herein.
11.2. Advertisements. We are not responsible for advertisements, or any third-party materials posted on the Services, nor are we responsible for the products or services provided by advertisers. Any dealings you have with advertisers found while using the Services are between you and the advertiser, and you agree that we are not responsible for any loss or claim you may have against an advertiser.
11.3. These third parties may use cookies, web beacons, pixels or similar technologies to perform this activity. They may also obtain information about the applications you use, the websites you visit and other information from all your devices and browsers, as well as associate multiple browsers and devices to help serve advertising that may be more relevant to your interests within and outside our Service and across your devices and browsers. This type of advertising is known as interest-based advertising.
11.4. Third Party Applications. You may encounter third-party applications (including, without limitation, social networking websites, plugins, widgets, software or other software utilities) ("Third Party Applications") that interact with or form part of the Services. These Third Party Applications may import data related to your account and use of the Services and collect data from you. These Third Party Applications are provided solely for your convenience, and unless we indicate otherwise, we are not responsible for nor do we endorse the content of such Third Party Applications. SUCH THIRD PARTY APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED, ASSOCIATED OR SPONSORED BY US. By using Third Party Applications, you acknowledge and agree to the following: (i) if you use a Third Party Application to share information related to your account, you are giving your consent for information about your account to be shared; (ii) your interaction with a Third Party Application may cause personal information, including information about your Content viewing history, to be publicly disclosed and/or associated with you, even if we have not provided such information; (iii) we may send information about you to these Third Party Applications, including information about the Content you view and your activities on the Services; and (iv) YOUR USE OF A THIRD PARTY APPLICATION IS AT YOUR OWN RISK, and you will hold us harmless from all liability resulting from your use of Third Party Applications that results in sharing of information related to your account. The terms, privacy policy and/or any other documentation or materials of the Third Party Application will govern your use of that Third Party Application. You may be able to revoke a Third Party Application's access to your account at any time, but information shared before revocation may continue to be visible within the Third Party Application or continue to be used otherwise based on its policies. If you have any questions, concerns, complaints or claims about Third Party Applications, you should contact the support or contact staff of the Third Party Application and not us, unless we indicate otherwise. WE DISCLAIM ALL LIABILITY ARISING FROM YOUR USE OF THIRD PARTY APPLICATIONS.
12. DISCLAIMER OF WARRANTIES, LIMITATIONS OF LIABILITY AND INDEMNIFICATION. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED "AS IS" AND, TO THE EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, WE DO NOT WARRANT ANY FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR INVIOLABILITY; OR THAT THE SERVICES WILL BE UNINTERRUPTED, FREE FROM VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR-FREE OR RELIABLE.
13. IN NO EVENT SHALL WE, OUR AFFILIATES, SUCCESSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND SUPPLIERS (INCLUDING CONTENT DISTRIBUTORS AND LICENSORS) (COLLECTIVELY, THE "OLYMPUSAT PARTIES"), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SERVICES (INCLUDING ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED, OBTAINED, OR PROVIDED THROUGH THE SERVICES), WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY, EVEN IF THE OLYMPUSAT PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. 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 THE AMOUNT OF US$50 (WHICHEVER IS LESS). SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, IN WHICH CASE THE FOREGOING EXCLUSIONS MAY NOT APPLY TO YOU.
14. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE OLYMPUSAT PARTIES FROM ANY 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). WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY INDEPENDENT COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
15. NOTIFICATION AND PROCEDURE FOR COPYRIGHT INFRINGEMENT CLAIMS.
15.1. If you believe that any Content or other material provided through the Services, including through a link, infringes your copyright, you must notify us of your infringement claim in accordance with the procedure set forth below. We will process each notice of alleged infringement we receive and take appropriate action in accordance with applicable intellectual property laws. A notice of alleged copyright infringement must be sent by email to our copyright agent at dmca@OLYMPUSAT.com (subject: "DMCA Takedown Request"). You may also contact us by mail or fax at: Legal Department FREETV c/o OLYMPUSAT, LLC 477 S. Rosemary Ave Suite 306 West Palm Beach, FL 33401 Phone: (561) 249-5215 Fax: (240) 371-7187.
15.2. To be effective, the notice must be in writing and contain the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material you claim is infringing is located on the Services that is reasonably sufficient to enable us to identify and locate the material; (iv) how we can contact you, such as your address, telephone number and email address; (v) a statement by you that you have a good faith belief that the use in question is not authorized by the copyright owner, its agent or the law; and (vi) a statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material. We have a policy of terminating repeat infringers in appropriate circumstances.
16. DISPUTE RESOLUTION AND CLASS ACTION WAIVER.
16.1. PLEASE READ THE FOLLOWING SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS AND YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.
16.2. PROCEDURES FOR RESOLVING A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither you nor Olympusat will seek to have a dispute heard as a class action or a private attorney general action or in any other proceeding in which either party acts or proposes to act in a representative capacity.
16.3. In order to expedite and control the cost of disputes, you and we agree that any legal or equitable claim arising out of or in any way related to your use of the Services or these TOU, and the formation, validity, enforceability, scope or applicability of these TOU, including this Section 16 (referred to as a "Claim") will be resolved as follows:
16.4. Informal Resolution. We will first attempt to resolve any Claim directly between us informally, which means a mutual agreement between us. Accordingly, neither of us may initiate a formal proceeding (except for Claims described in Sections 19 below) for at least 60 days after one party notifies the other party of a Claim in writing. You will send your notice to FREETV, c/o OLYMPUSAT, INC., 477 S. Rosemary Avenue, Suite #306, West Palm Beach, FL 33401, and we will send our notice to your billing address.
16.5. Formal Resolution. Except as provided in Section 20, if we cannot resolve a Claim informally, any Claim either of us asserts will be resolved only by binding arbitration and not in courts of general jurisdiction. Arbitration will be conducted under the JAMS rules that are in effect at the time the arbitration is initiated (referred to as the "JAMS Rules") and under the rules set forth in these TOU. If there is a conflict between the JAMS Rules and the rules set forth in these TOU, the rules set forth in these TOU will prevail. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL. You may, in arbitration, seek any and all remedies otherwise available to you pursuant to your state's law. If you choose to initiate arbitration, we agree to pay the arbitration filing fee and any additional deposit required by JAMS to initiate your arbitration. We also agree to pay the costs of the arbitration proceeding. Other fees, such as attorney fees and travel expenses to arbitration, will be paid in accordance with JAMS rules. Arbitration will be held at a location in your city area, unless you and we agree to another location or telephone arbitration. To initiate arbitration, you or we must do the following:
16.6. Write a Demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.
16.6. 1. Send us a copy of the Demand for Arbitration.
17. SPECIAL RULES.
17.1. In the arbitration proceeding, the arbitrator has no authority to make errors of law, and any award may be challenged if the arbitrator does so. Otherwise, the arbitrator's decision is final and binding on all parties and may be enforced in any federal or state court having jurisdiction.
17.2. Neither you nor we will have the right to join or consolidate claims in arbitration by or against other individuals or entities, or to arbitrate any claim as a representative member of a class or in a private attorney general capacity. Accordingly, you and we agree that JAMS class action procedures do not apply to our arbitration. A court may sever any part of Section 17 that it deems unenforceable, except the prohibition on class, representative and private attorney general arbitration.
17.3. Time to File a Claim: You agree to work with Olympusat to resolve any issues that may arise from the use of these TOU promptly. However, if we cannot, you expressly agree to file any claim within one year after the claim arises, otherwise the claim is waived. This limitation applies regardless of where the claim is or may be filed.
18. GENERAL PROVISIONS
18.1. Electronic Communications. If you choose to register for the Services when such capability is available, your use of the Services will be deemed your consent to receive electronic communications from us through the Application. These communications may include notices about your account, confirmation emails (if your email is collected through a contest or promotion), and information relating to or related to the Services, and may include newsletters and promotional communications from us if you have chosen to receive such communications during registration and have not opted out. You agree that any notice, agreement, disclosure or other communication we send you electronically will satisfy any legal communication requirement, including that such communications be in writing.
18.2. Integration, Amendment and Severability. Please note that these TOU, including our Privacy Policy, which is incorporated into these TOU, constitute the complete legal agreement between you and us and govern your use of the Services. These TOU operate to the fullest extent permitted by law. If any provision of these TOU is found to be illegal, void or unenforceable, you and we agree that the provision will be deemed severable from these TOU and will not affect the validity and enforceability of the remaining provisions. In the event of any termination, whether by you or by us, Sections 1.2, 1.3, 3, 5, 6, 7, 8, 9, 11, 12, 13 and 14 of these TOU will survive and continue in full force and effect.
19. CONTACT INFORMATION.
If you have any questions about these TOU or the Services, visit the FREETV "Help" menu or contact us by email at SUPPORT@FreeTV.com.
Last updated: February 2026
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