Additional Terms of Service for One On Demand Service

 

1. The One On Demand service is subject to the One Terms of Service available at www.onecomm.bm and these Additional Terms for One On Demand service (“Additional Terms”).

 

2. You understand and agree that the content you receive through the One On Demand service such as movies, images, artwork and other copyrightable materials (the “Content”) is licensed by One from content providers (“Content Providers”).  The Content you receive through the One On Demand service, including the copyrights in the content, are owned by the Content Providers and/or their licensors, and are protected by the copyright laws of the United States, as well as other intellectual property laws and treaties.  Content Providers and Content Providers’ licensors do not transfer any title, right or interest to or in the Content to you.

 

3 Content delivered to you through the [video on demand or pay-per-view] service is licensed to you and is not sold, transferred or assigned to you. The Content may only be transmitted to approved devices.

 

Before you receive any Content, you should carefully read these Additional Terms. Before you obtain a playback license to view any Content you should accept these Additional Terms. By obtaining a playback license to view any Content you will be deemed to have accepted these Additional Terms. If you do not accept these Additional Terms, you should not obtain a playback license or view the Content.

 

4. One grants you, a non-exclusive and non-assignable playback license to view the Content, for an unlimited number of times during a period of twenty-four (24), forty-eight (48) or seventy-two (72) consecutive hours per transaction, as determined by us, on certain approved devices for personal, non-commercial purposes.  The delivery of the Content does not transfer to you any commercial or promotional use rights in the Content.    All other rights in the Content are reserved by Content Providers, Content Providers’ licensors and the copyright holder(s), and any other use is strictly prohibited. You may access the Content on up to the number of approved personal electronic devices that we authorize for the subject Content, and you are allowed up to the number of simultaneous streams of the same Content that we authorize for the approved personal electronic devices, provided, in all cases they are linked only to your [video on demand or pay-per-view] service account.

 

5. You understand and acknowledge that your rights with respect to Content are limited by copyright law.

 

6. You may not redistribute, sell, rent, lease, transfer, reverse engineer or sublicense the Content. You may not attempt to circumvent, avoid, bypass, remove, deactivate, impair or otherwise defeat any encryption, rights signaling or copy protection technology associated with the Content.  

 

7. You may not access Content outside of Bermuda, except to view certain Content that you have temporarily downloaded in Bermuda to your approved personal electronic device and only until the end of the authorized viewing period for that Content, following your initial order of that Content (i.e., 24, 48 or 72 consecutive hours) (this exception applies only to that Content which we have made available to you for temporary download and viewing outside Bermuda).

 

8. The Content is provided “AS IS”. Content Providers and Content Providers’ licensors each expressly disclaim any warranties and conditions, express, implied, or statutory, including but not limited to, warranties or conditions of merchantability, fitness for a particular purpose, satisfactory quality and non-infringement, and their equivalents under the laws of any jurisdiction.  Content Providers and Content Providers’ licensors do not warrant or otherwise state that the Content will meet your requirements.

 

9. Under no circumstances, including but not limited to negligence by Content Providers, shall Content Providers or Content Providers’ licensors be liable to you for any damages, including any indirect, special, incidental, punitive or consequential damages of any kind under any legal theory (tort, contract or otherwise) that result from the use of, or the inability to use, the One On Demand service or the Content, even if the Content Providers, or Content Providers’ licensors have been advised of the possibility of such damages. 

 

10. Either party may terminate the One On Demand service at any time upon applicable notice to the other party pursuant to the One Terms of Service.