Terms and Conditions of Use for the One TV application (the “One FibreWire TV app”)

 

1. Scope of One FibreWire TV app and Customer Agreement 

The One FibreWire TV app is a service that allows One FibreWire TV subscribers to stream live TV, On Demand and recorded programs as part of the customer’s FibreWire TV subscription service (the “Service”). Any and all use of the One FibreWire TV app is provided by Logic Communications Ltd., trading as One or One Communications (hereinafter referred to as “One”) exclusively in accordance with and is subject at all times to the One Terms of Service. These Terms and Conditions of Use may be supplemented, modified or replaced by other terms and conditions. By downloading the One FibreWire TV app, you accept these Terms and Conditions of Use.

2. Rights relating to Services

You are granted a personal, limited, non-exclusive, non-transferable, revocable right to use the Service by downloading the One FibreWire TV app on your own digital device(s). This right is limited to your own personal, lawful, non-commercial use, which must be in accordance with these Terms and Conditions of Use and in accordance with your subscriber agreement with One including the One Terms of Service, Acceptable Use Policy and Website Terms of Use. If your subscriber agreement with One terminates or is suspended the right to use the Service will also terminate or be suspended. You may not transfer any of your rights under this Terms and Conditions of Use to any person or entity. All other rights are reserved to One, its licensors or suppliers.

3. Registration and Password 

You must complete the One FibreWire TV app registration process in order to use the Service and access the content. Only one (1) registration is permitted per One FibreWire TV account number and registration is only permitted under the name of the accountholder. To access the One FibreWire TV Service you must log in to the Service using your One credentials. If you do not have a One profile then you must create one at www.onecomm.bm and request that this profile be linked to your One FibreWire TV subscription. You are solely responsible for maintaining the confidentiality of your password and for controlling access to your digital device(s). 

4. Availability, Content and Service Restrictions

The Service is only available to customers in Bermuda who subscribe to One FibreWire TV through a One FibreWire TV digital box. The content accessible through the One FibreWire TV app will depend on the One FibreWire TV package and/or add-ons you subscribe to. The availability of content and how it is viewed is determined by One’s agreements with content providers. Therefore, due to restrictions imposed on One by content providers which may change without notice, you may be subject to additional limitations depending on the content you would like to view. Even if you have subscribed for the service you will not be able to view content when you are located outside of Bermuda and you agree not to use or attempt to use the service outside of Bermuda. Limits may be applied to simultaneous viewing of content by multiple users of the same account.

5. Changes and Cancellation 

One may change the One FibreWire TV app (including any features and functionality), and any provision of these Terms and Conditions of Use at any time without prior notice to you. You acknowledge and agree that the channels and/or programming provided as part of the Service may change (including being suspended, blacked-out or cancelled permanently) from time to time without notice. In addition, One may substitute alternative programming and/or channels to replace changed programming/channels. One will use reasonable efforts to provide you with reasonable notice of such cancellations. 

6. Trademarks and Copyright

You may not use any One trademarks or service marks without One's prior written permission. For information about usage or licensing, see our Website Terms of Use. Any content available for viewing or download on or through the One FibreWire TV app is the property of its respective owners and is protected by applicable trademark, copyright or other intellectual property laws. You agree to abide by all copyright notices, information and restrictions contained in or displayed with the content. You may not use any trademark or service mark appearing on the Service without the prior written consent of the rightful owner.

7. Privacy  

You understand and agree that One (and its providers) may collect and use technical and related information, including information about your computers and/or mobile devices, operating systems, applications, connected devices, network traffic, location data, and data use to deliver the One FibreWire TV Services and for other purposes including support and related services. One uses the GPS functionality of your device to determine if you are located in Bermuda. This information is used to determine your location each time you access the One FibreWire TV app and this information is not saved or recorded by One. For information on privacy, see our Privacy Policy.

8. Internet or Data Usage 

You must provide at your own expense the equipment and internet connections that you will need to use the One FibreWire TV app and Service. You are responsible for any internet usage or cellular data usage charges you incur to access the One FibreWire TV app and Service.

9. Website and Application Terms of Use 

Your use of the One FibreWire TV app is subject to our Website Terms of Use. You do not acquire any ownership rights in the content as a result of accessing it. You may not distribute any part of the Service over any network, including a local area network. You may not sell or offer any of the content or publish, share, license or sub-license the content. One reserves the right to limit your ability to share or distribute any content by wireless streaming between devices, second-screen video playback, over-the-air streaming, Airplay or any similar processes without prior notice. Further, you will not attempt to interfere with the operation of the Service in any way. One is entitled to block access to the One FibreWire TV app at any time, particularly if the user violates the present Terms and Conditions of Use.

10. No Warranties or Liability 

These Terms and Conditions of Use must be read with the warranties, limitation of liability and indemnity provisions in the One Terms of Service. There may be times when the Service is unavailable. One provides no warranties of any kind, either express or implied, including, but not limited to warranties for the service or content, materials, information and functions made accessible through the One FibreWire TV app, or for any breach of security associated with the transmission of sensitive information through the One FibreWire TV app, or warranties of title, non-infringement or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by One, its affiliates or their respective employees shall create any warranty hereunder. One is not responsible or liable for any damages incurred, indirect, consequential, special, punitive or otherwise.