Welcome to TiviApp. We thank you for using our services. This section outlines our relationship with you. It includes a description of the Service, defines our Agreement, explains your rights to use the Service, and the conditions that apply to your use of the Service.
The website located at www.tiviapplive.com (the “Site”) and the mobile app (the “App”) (together herein known as the “Platform”) are a copyrighted work belonging to TiviApp (“TiviApp”, “Us”, “Our”, and “We”). Certain features of the Platform may be subject to additional guidelines, terms, or rules, which will be posted on the Platform in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
TiviApp’s Platform provides its Users the opportunity to watch TV content via internet connection (IPTV) by using its advanced media player. TiviApp provides its Users an ability to: (1) watch internally-provided media content (“As-Is”) from verified sources; (2) watch TV channels that were composed from various sources and adapted to User’s preferences; (3) watch external content that was personally embedded to the Platform by the User (collectively the “Services”).
You must be at least 18 years old to use the Platform and to enter into an agreement based on these Terms. If you are under 18 years old, but at least 13 years old, you must present these Terms to your parent or legal guardian for their review in order for them to enter into an agreement with Us to use the services based on these Terms on your behalf.
1.1 Account Creation. Use of the App will be available following the download of the App from Google Play and acceptance to these Terms. Notwithstanding, some features of the Platform, might require you to register for a personal user account (the “Account”) and provide certain information about yourself as prompted by the account registration form. You may also be able to open an Account through the use of a third-party platform such as Google. In this case, please note that We are not responsible for any actions taken, or information collected, by these third parties and do not knowingly transfer any information to them. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Platform. TiviApp may suspend or terminate your Account in accordance with these Terms in its sole discretion.
1.2 Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account (e.g. not sharing your password with anyone or letting others use it). You agree to immediately notify TiviApp of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. TiviApp cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
1.3 Prohibited use. You may use the Platform only for lawful purposes and in accordance with these Terms and agree not to use the Platform; (1) in any way that violates any applicable federal, state, local or international law or regulation; (2) to impersonate or attempt to impersonate TiviApp or its employees, another User or any other person or entity; and (3) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by TiviApp, may harm the Users or expose them to liability.
2.1 License. Subject to these Terms, TiviApp grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Platform solely for your own personal, noncommercial use.
(a) TiviApp API Services. TiviApp offers API services for its Users (the “API“). The API’s are Our property, and you hereby agree and acknowledge that any use of the API is subject to these Terms. In addition, any use of any API must comply with all applicable laws. For further information regarding API, please click here.
2.2 Service Disclaimer. The Services, including links to other platforms and reference materials published and/or presented to you with respect to the Services, do not in any way constitute a general offer nor an offer and/or advice, taking into account your personal data, with respect to a service proposed by the Platform. Nothing herein constitutes a recommendation, opinion or endorsement of any kind and do not in any way constitute general advice.
You agree to hold complete and full responsibility for your decisions. We do not guarantee the completeness or accuracy of the information and content presented in the Platform and We will not be liable for any errors in actions taken in reliance thereon.
2.3 We do not become involved in legal disputes between Users and/or content providers and/or third parties. We take no responsibility and do not have any liability for any disputes or violations of agreements between any Users content providers and/or third parties.
2.4 Open Source. Some components of the Platform, or of the Services and products provided by the Platform, include content or components that are subject to an open source license. These components may include images, fonts, videos, functional code etc. The licenses are usually included in the files of the service or product provided to you, and are also available here. These components are licensed separately to the license provided in section 2.1 here above, and have their own conditions. By using the Platform’s Services, you agree to comply with the relevant open sources licenses that may apply.
2.5 API Services. By using Our Platform’s Services, you may use APIs of different streaming and broadcasting providers (the “Provider“). Such Provider’s APIs are not under Our control. The Platform provides access to the Provider APIs only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to such APIs. You use all Provider APIs at your own risk, and should apply a suitable level of caution and discretion in doing so. When you use, access or click any of the Provider APIs, the applicable Provider’s terms and policies apply, including the third party’s privacy and data gathering practices.
(a) YouTube API Services. The Platform may use some features from YouTube API services. By using the Platform and agreeing to these Terms, you agree to the YouTube Terms of Service which can be found here (the “YouTube Terms”).
2.6 Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Platform, whether in whole or in part, or any content displayed on the Platform; (b) you shall not modify, record, download, copy, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Platform including third party content provided by the Platform; (c) you shall not access the Platform in order to create a website, software, product, or service which is, directly or indirectly similar to the Platform or can be considered competitive ; and (d) except as expressly stated herein, no part of the Platform may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Platform shall be subject to these Terms. All copyright and other proprietary notices on the Platform must be retained and published on all copies made and/or displayed.
2.7 Modification. TiviApp reserves the right, at any time, to modify, suspend, or discontinue the Platform (in whole or in part) with or without notice to you. From time to time we update the Platform’s version and we may disable the old versions of the Platform in order to avoid “bugs” and to provide our Users a better experience. Hence, you acknowledge and agree to use only the latest App’s version available on Google Play. You agree that TiviApp will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Platform or any part thereof.
2.8 No Support or Maintenance. Although We will try our best, there is always a possibility that some information you provide to us could get lost due to data corruption, hardware failure, network issues, problems with hosting and actions by third parties or other technical reasons. Similarly, it is possible that some of the services could become unavailable or slow at times. You agree not to hold us liable or responsible for any interruption of service or loss of data, and you acknowledge that We made you no guarantees about service availability or data durability.
2.9 Out-Source Platform Content. The Platform may contain out-source content including but not limited to, visual or audio content (the “Out-Source Content”). The Out-Source Content although monitored by TiviApp, TiviApp can-not guarantee its inaccuracy offensive content, or unavailability due to data corruption, hardware failure, network issues, hosting problems , and actions by third parties or other technical reasons. You agree not to hold TiviApp liable or responsible for any inaccuracy, offensiveness, or unavailability of any Out-Source Content displayed on the Platform.
2.10 Ownership. Excluding any User Content (defined below) that you may provide, you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Platform and its content are owned by us, or by our suppliers, or by the Provider that allows Us to broadcast its content and use its services or products in the Platform. Neither these Terms (nor your access to the Platform) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Sections 2.1, 2.4 and 2.5. TiviApp, its suppliers and any holder of intellectual property rights as defined above, reserve all rights not granted in these Terms or in other terms, as applicable.
2.11 Confidentiality. You acknowledge that the service provided by the Platform including its’ features, content (whether textual, visual or any other form), architecture, layout, implementation and interfaces, but excluding User Content, constitutes valuable proprietary confidential information of TiviApp, and that unauthorized disclosure or use of such confidential information is prohibited and could cause irreparable harm to TiviApp. You must hold such information in confidence using the same degree of care, but in no case less than a reasonable degree of care, that you use to prevent the unauthorized dissemination or publication of your own confidential information. You may use such confidential information only for the purpose of utilizing the services as permitted in these Terms. Except as explicitly otherwise provided herein, you may not disclose such information to any third party, without TiviApp’s prior written consent. These confidentiality obligations shall not apply to information that (i) is publicly known through no fault or breach on your part; (ii) was rightfully in your possession (as can be reasonably proven) prior to disclosure by TiviApp; (iii) was rightfully obtained (as can be reasonably proven) from a third party who has the right to transfer or disclose it (iv) you are required to disclose pursuant to a binding order/request by court/other governmental authority, provided that, to the extent permissible, you provide TiviApp notice of the requested disclosure as soon as possible, to allow TiviApp to seek an appropriate protective or preventive order.
3.2 License to TiviApp. You hereby grant (and you represent and warrant that you have the right to grant) to TiviApp an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit (including commercially) your User Content and your Feedback (as defined in section 3.5 here below), and to grant sublicenses of the foregoing rights. You hereby irrevocably waive (and agree to cause to be waived) any claims and/or assertions of moral rights or attribution with respect to your User Content.
3.3 Acceptable Use Policy
(a) You agree not to use the Platform to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party rights, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
(b) In addition, you agree not to: (i) upload, transmit, or distribute to or through the Platform any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Platform unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Platform to harvest, collect, gather or assemble information or data regarding other Users, including e-mail addresses, without the User’s consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Platform, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Platform (or to other computer systems or networks connected to or used together with the Platform), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Platform; or (vi) use software or automated agents or scripts to produce multiple accounts on the Platform, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Platform (provided, however, that We conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Platform for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).
3.4 Enforcement. We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in Our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for Us or any other person. Such action may include removing or modifying your User Content, terminating your Account, and/or reporting you to law enforcement authorities.
3.5 Feedback. If you provide TiviApp with any feedback or suggestions regarding the Platform (“Feedback”) and/or the Platform’s content, you hereby assign to TiviApp all rights in such Feedback and agree that TiviApp shall have the right to use and fully exploit, including commercially, such Feedback and related information in any manner it deems appropriate. We will treat any Feedback you provide to TiviApp as non-confidential and non-proprietary. You agree that you will not submit to TiviApp any information or ideas that you consider to be confidential or proprietary.
Most of the Services and features provided by the Platform are free of charge. You acknowledge that TiviApp does not guarantee the free-use of the Services or features provided on the Platform and reserves the right to request a certain service fee with respect to the Services provided, at its sole discretion.
You agree to indemnify and hold TiviApp (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Platform, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content. TiviApp reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of TiviApp. TiviApp will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
6.1 Third-Party Links & Ads. The Platform may contain links to third-party websites and/or services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads are not under the control of TiviApp, and TiviApp is not responsible for any Third-Party Links & Ads. TiviApp provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.
6.2 Other Users. Each Platform user is solely responsible for any and all of its own User Content. Because We do not control User Content, you acknowledge and agree that We are not responsible for any User Content. We make no guarantees regarding the lawfully, accuracy, currency, suitability, or quality of any User Content. Your interactions with other Platform users are solely between you and such users. You agree that TiviApp will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and another user, We are under no obligation to become involved, but may, in Our sole discretion, attempt to assist in resolving the issue.
6.3 Release. You hereby release and forever discharge TiviApp (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Platform (including any interactions with, or act or omission of, other Platform users, the Provider or any Third-Party Links & Ads).
Subject to this Section, these Terms will remain in full force and effect while you use the Platform. We may suspend or terminate your rights to use the Platform (including your Account) at any time for any reason at Our sole discretion. Upon termination of your rights under these Terms, your Account and right to access and use the Platform, or specific functions of its service, will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our databases. TiviApp will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Content. Even after your rights under these Terms are terminated, these Terms will remain in effect.
When you use the Platform, you agree and acknowledge that these Terms are concluded between you and Us, and not with Google LLC and/or any provider of content (the “Google Provider“), including where Google LLC is acting as an agent for the Google Provider (collectively “Google“). Google is not responsible for the Platform. Google bears no duties or obligations to you under the Terms, including, but not limited to, any obligation to furnish you with service maintenance and support. If in any event of a conflict between these Terms and Google terms of service (“Google Terms” which can be found here), the Google Terms shall prevail, solely with respect to the conflicting provisions. Any license granted to you for the use of the Platform is a non-exclusive, worldwide, and perpetual license to perform, display, and use the Platform on any of your devices.
You agree to have no claims, and to waive any and all rights and causes of action against Google with respect to the service or the Terms, including, but not limited to claims related to maintenance and support, intellectual property infringement, liability, consumer protection, or regulatory or legal conformance. In the event of any third-party claim that the Platform or your possession and use of the Platform infringes that third-party rights, Google will not be responsible for the investigation, defense, settlement and discharge of any such infringement claim. You must comply with applicable third-party terms of agreement when using or accessing the Platform (e.g. you must not be in violation of your wireless data services agreement when you use or access the Platform).
11.1 Changes. These Terms are subject to occasional revision, and if We make any substantial changes, We may notify you by sending you an e-mail to the last e-mail address you provided to Us (if any), and/or by prominently posting notice of the changes on Our Platform. Any changes to these Terms will be effective ten (10) calendar days following Our notice to you (directly or via the Platform). These changes will be effective immediately for new users of Our Platform. Continued use of Our Platform following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
11.2 Governing Law and Jurisdiction. These Terms shall be governed by the law of the State of Israel exclusive of its choice of law rules. Your conduct may also be subject to other local, state, and national laws. Any action to be brought in connection with these Terms, the Services shall be brought exclusively in the court located in Tel-Aviv/Jaffa, and you irrevocably consent to their jurisdiction. Any cause of action against Us must be brought within one (1) year of the date such cause of action arose. Notwithstanding the foregoing, TiviApp may lodge a claim against you pursuant to the indemnity clause in these Terms, in any court adjudicating a third party claim against TiviApp.
These Terms shall be governed without regard to the United Nations Convention on the International Sales of Goods. In any action to enforce these Terms, the prevailing party will be entitled to costs and attorneys’ fees.
11.3 Electronic Communications. The communications between you and TiviApp may be through electronic means, whether you use the Platform or send us emails, or whether TiviApp posts notices on the Platform or communicates with you via email. For contractual purposes, you (a) consent to receive communications from TiviApp in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that TiviApp provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
11.4 Entire Terms. These Terms constitute the entire agreement between you and Us regarding the use of the Platform. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to TiviApp is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without TiviApp’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. TiviApp may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
11.5 Copyright/Trademark Information. Copyright © 2021, All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Platform are Our property or the property of other third parties as presented in these Terms. We try our best to make sure that the users could identify the owner of such Marks, by following branding guidelines, if applicable (e.g. YouTube Branding Guidelines). Since it is an interpretive matter, feel free to contact Us regarding the ownership of such Marks. Nevertheless, you are not permitted to use these Marks without Our prior written consent or the consent of such third party which may own the Marks.
11.6 Contact Information: [email protected]