The following Terms and Conditions are the conditions applicable to the OSN Store, which together with the OSN Subscriber Terms and Conditions, represent the entire agreement between you and OSN with respect to your usage of the OSN Store and any Content contained therein.
You acknowledge that you have read, understood and had adequate notice of these Terms and Conditions, and that you agree to comply with such Terms and Conditions when using or accessing the OSN Store or any Content contained therein.
Any references to "you" or "your" shall refer to you as an OSN Store customer and references to "OSN", "we", "us" or "our" shall refer to "OSN" or the OSN group of companies. Unless otherwise defined, any capitalized words and phrases used in these Terms and Conditions shall have the meanings set out at the end of this document.
2. OSN Store Service
3. Internet connectivity
- 2.1 The OSN Store is a service owned and operated by Gulf DTH FZ LLC, a company incorporated in the Dubai Creative Clusters Authority, Dubai, UAE ("OSN"), and through which Eligible OSN Store Customers will have the opportunity to buy or rent Content via the OSN Store on their Set Top Box.
- 2.2 In order to buy or rent Content from the OSN Store you must: (i) be an existing OSN Subscriber with a MyOSN Account which is linked to your Set Top Box, (ii) keep your Viewing Card in your Set Top Box at all times when accessing or viewing the service, (iii) be aged 18 years or over, (iv) be resident in the Territory, (v) provide us with your billing information and a current, valid, accepted method of payment, (vi) have adequate credit in your MyOSN Account when making a purchase, and (vii) have accepted both the OSN Subscriber Terms and Conditions and these Terms and Conditions (" Eligibility Requirements").
- 2.3 Access to any Content, and the acceptance of these Terms and Conditions, begins when you successfully complete an order to buy or rent Content either by clicking "confirm" or by entering your payment PIN when prompted in the OSN Store.
- 2.4 Usage of the OSN Store or any Content contained therein shall be strictly in accordance with these Terms and Conditions and any other usage rules as may be notified to you or updated from time to time.
- 2.5 Subject to clause 2.9, You acknowledge that for the time being you may be able to access the OSN Store and any Content purchased via the OSN Store on your Set Top Box only.
- 2.6 In order to buy or rent Content from the OSN Store you must have sufficient credit in your MyOSN Account in order to fund any such transaction. In the event that you do not have sufficient credit in your MyOSN Account you may be prevented from accessing Content until such time as your MyOSN Account has been sufficiently funded.
- 2.7 You acknowledge that your Set Top Box has limited storage capacity and that if such capacity is reached, it may not be possible to store any further Content purchased from the OSN Store on your Set Top Box. In such circumstances, OSN Store customers should contact OSN customer services for assistance.
- 2.8 If any Content that has previously been purchased and downloaded to the Set Top Box is subsequently deleted, you acknowledge that you may not be able to access such content without re-downloading it to the Set Top Box for which an additional charge may be rendered. If you wish to re-watch any Content that you have deleted from your Set Top Box please contact OSN customer services for assistance.
- 2.9 Content purchased on a "buy and keep" basis from the OSN Store will, however, also be available for streaming via your MyOSN Account on OSN Play for so long as you remain an Eligible OSN Store Customer and valid OSN Subscriber and for so long as we have the rights to offer such Content from the relevant rightsholder.
- 2.10 In the event that you cease to be an OSN Subscriber, you may no longer be entitled to access any Content downloaded from the OSN Store on your Set Top Box. Should you wish to retain access to any such Content, you will need to contact OSN customer services to buy or lease your Set Top Box from OSN or to make alternate arrangements for accessing any such Content downloaded from the OSN Store. In the event that we are unable to agree upon a Set Top Box rental or purchase arrangement, you acknowledge that we shall be entitled to recover the Set Top Box (which continues to be owned by us) in accordance with the OSN Subscriber Terms and Conditions, and you agree to forfeit access to any OSN Store Content purchased and downloaded to the Set Top Box, acknowledging that an alternate arrangement for providing access to any such Content has been offered by OSN. In such circumstances, OSN shall not be liable for the loss of access to any such Content.
- 2.11 The ability to stream and/or download Content may not be offered to you indefinitely. For example, we will be unable to continue to offer you particular Content if we no longer have the rights to do so from the relevant rightsholder(s). If we no longer offer particular Content we will use reasonable efforts to make this information available to you. Please have this in mind when deciding to delete Content from your Set Top Box.
- 2.12 By using the OSN Store, you also agree to receive communications from us. If you do not want to receive communications from us, you can opt out by visiting your "My Account" page.
- 3.1 To receive Content on your Set Top Box it must be connected to the internet. The ability to stream or download Content may be impacted by the speed of your internet connection and may be unavailable if your internet connection is below a certain speed. If your internet service is provided by a third party OSN shall not be responsible for it and you should contact your internet provider if you experience problems with it. When downloading or receiving Content to your Set Top Box, you must have sufficient unused personal storage capacity to store the Content file on the Set Top Box. Content streamed or downloaded to your Set Top Box (or any other device if applicable) will count towards any internet usage limits that apply to your internet service. You are responsible for any charges associated with those limits.
- 3.2 The quality of the display of Content may vary from device to device and may be affected by a range of factors, such as your location, the bandwidth available, the content selected, the configuration of your Set Top Box or device or the speed of your internet connection. Please check with your internet or network operator provider for information on possible data usage charges, network speed or roaming charges.
- 3.3 By using the OSN Store you agree to receive updated versions of the OSN Store and related third party software without notice from us. We accept no liability for any financial loss, loss of information, damage to or corruption of data or any indirect loss or damage of any kind, whether caused by tort or breach of agreement resulting from any third party product or software.
4. Rental content
Some rental content may be available to stream in SD only. The time frames in which you may watch Content you have rented may be limited to certain 'access periods'. For example, in the case of Content rented from the OSN Store service, once you start watching the rental Content, you must normally finish watching it within 24, or in some cases, 48 hours. Your access period will also normally expire 30 days after the date on which you paid for that rental Content (even if you have not started or finished watching it). Once the relevant access period has expired, the rental Content will no longer be available to you. The applicable access period (which may vary for each piece of Content) will be stated within the OSN Store at the time you rent the Content. If you have any queries relating to the above please contact OSN customer services who will endeavor to resolve your queries.
5. Security Measures
- 5.1 OSN employs technologies such as digital rights management and copy protection to control the play back and unauthorized copying of digital content rented or purchased through the OSN Store, as may be updated in OSN's sole discretion from time to time ("Security Measures").
- 5.2 For security reasons and to protect the rights of our content partners, you agree that you shall not at any time circumvent or compromise such Security Measures or permit or encourage any other person to circumvent or compromise any such Security Measures nor use or attempt to use the OSN Store service on a device where limitations included within the device operating system have been removed or tampered with (i.e. a 'jailbroken' or 'rooted' device).
- 5.3 You agree not to archive, download (other than through caching necessary for personal use), reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms and Conditions) Content and information contained on or obtained from or through the OSN Store without express written permission from OSN. You also agree not to circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the OSN Store; use any robot, spider, scraper or other automated means to access the OSN Store; decompile, reverse engineer or disassemble any software or other products or processes accessible through the OSN Store; insert any code or product or manipulate the Content accessible via the OSN Store in any way; or, use any data mining, data gathering or extraction method. You agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the OSN Store, including any software viruses or any other computer code, files or programs.
- 5.4 You are responsible for the security and proper use of your username and your account details and password and all activities thereof. If you know or suspect that your username or password has been compromised, or you suspect or become aware of any other breach of security, you must notify us immediately (through the "Contact Us" pages of the OSN website or by email@example.com) and you must also ensure that any such username and password is changed as soon as possible. If we believe that there has been, or is likely to be, a breach of security we may suspend usernames or passwords and require that they are changed. We may also restrict your use of all or any part of the OSN Store service.
- 5.5 If your Set Top Box or authorized device is sold, lost or stolen, please deactivate such device. If you fail to log out or deactivate your device, other users may access the OSN Store service through your account and may be able to access certain of your account information. To deactivate a device, follow the instructions on your "My Account" page, or contact OSN customer service for assistance.
- 5.6 Any non-compliance by you with these security restrictions will entitle us to immediately terminate your access to the OSN Store service without prejudice to any remedy available to us at law and without any liability on behalf of OSN.
- 6.1 The OSN Store, including all copyright, trademarks, intellectual property in all material or Content, and all Content and software, are the property of OSN or its licensors. Content shall not be reproduced or used without express written permission from OSN or its licensors and we reserve the right to terminate your account if we, in our sole discretion, believe that you are in violation of software restrictions, Security Measures or the copyrights of OSN or its licensors through any unauthorized copying or use of our proprietary Content.
- 6.2 You must not: (i) copy, reproduce, publish, re-distribute, post, broadcast, frame, transmit any OSN Store Content (in whole or part); (ii) copy, publish or re-publish, post, transmit, reverse engineer, decrypt, decompile, disassemble, alter or commercially exploit the software which we allow you to use or access in order to provide the OSN Store; (iii) sell, sub-license or make any charge for accessing, watching, listening to or using the OSN Store or Content (in whole or in part) on your Set Top Box or on any other device; (iv) show any of the Content or any part of the OSN Store in public or authorize or assist anyone else to do so, even if no charge is made; (v) tamper with or modify the signal of any Content made available on your Set Top Box or any other device, if applicable; or (vi) alter, cover, modify or remove any graphics, logos or other on-screen text or images appearing on any Content.
- 6.3 Subject to your compliance with these Terms and Conditions and your payment of applicable fees, OSN or its content providers grant you a limited, non-exclusive, non-transferable, non-sub licensable and revocable license to access and make strictly personal, non-commercial use of the OSN Store. No right, title or interest in any Content shall be deemed transferred to you.
8. Price and Payment
- 7.1 You acknowledge that the provision of unauthorized access to the OSN Store or any Content contained therein through the sharing of your Viewing Card, your MyOSN Account details or any other means is an illegal act that causes OSN considerable damage. In the event that OSN determines that you are or were engaged in the unauthorized access/distribution of the OSN Store or any Content contained therein at any time, then without prejudice to any other right or remedy available under these Terms and Conditions, the OSN Subscriber Terms and Conditions or at law, OSN is authorized to immediately terminate your access to any OSN Services including the OSN Store. Without prejudice to any other remedies, in the event OSN terminates your access to such Services due to piracy, OSN reserves the right to:
- (i) seek reasonable compensation equivalent to a minimum of $1,200 for damages incurred from the result of each piracy act directly linked to your account or actions, which may include automatically charging your credit card to recoup compensation for the illegal/unauthorized redistribution of any Content, encryption keys or any copyrighted material, such amount being a pre-estimate of the losses OSN has suffered as a result of your piracy act;
- (ii) refer you to the relevant authorities for criminal prosecution, including imprisonment and fines, in accordance with the law or to take any other action that is legally available to compensate OSN for your actions; and
- (iii) co-operate with (including by providing your details and your address) any owner/licensor of copyright in any illegally copied Content for the purpose of referring you to the relevant authorities for criminal prosecution.
9. Change of Service and Termination
- 8.1 All our prices are set out within the OSN Store and may change from time to time. Our prices are inclusive of any applicable sales taxes and you shall pay the quoted price whatever the applicable rate of tax. We are not obliged to honor prices that are the result of obvious errors and which you could reasonably be expected to know are mis-pricing.
- 8.2 When confirming your purchase in the OSN Store, the relevant amount shall be deducted from your MyOSN Account. You cannot cancel your rental or purchase of Content, as applicable, after the point at which you confirm your order as this is the point at which we begin supply of the Content.
- 8.3 If a processing error is discovered which relates to payment, we will endeavor to rectify the error as soon as possible, provided that it did not arise (i) due to you not having sufficient funds in your MyOSN Account, (ii) through no fault of OSN, or (iii) you having been informed that our systems may not be working properly but proceeding with a transaction in any event.
10. Warranties and Limitation on Liability
- 9.1 You acknowledge that we may change the OSN Store (including by withdrawing Content from it) at any time.
- 9.2 We reserve the right, at our discretion and without notice or compensation to you, to restrict or terminate your use of the OSN Store service if you breach, or we have reasonable grounds to believe that you have breached these Terms and Conditions, if we suspect or believe that you have committed or may be committing any fraudulent activity against us or against any other person or organization through yours or their use of the OSN Store or Content, or if you otherwise engage in conduct which we determine to be unacceptable.
- 10.1 You acknowledge and agree that (i) the OSN Store, information, related features, software and content are provided to you by us "as is" and without any guarantee, representation or warranty of any kind and at no time does OSN guarantee, represent or warrant that your use of the OSN Store will be uninterrupted, timely, secure or free from errors; and (ii) any Content viewed or otherwise obtained through your use of the OSN Store is done at your own initiative and risk.
- 10.2 To the fullest extent permitted by law, we and our associated companies and agents exclude responsibility and all liabilities arising from: (i) any use of the OSN Store not authorized by us; (ii) any fault in a Set Top Box or other device which has been supplied under a separate agreement; (iii) ending, suspending or restricting the OSN Store or Content in accordance with these Terms and Conditions; (iv) any fault with a broadband or internet service provided by a third party used to deliver Content to your Set Top Box or any other device; (v) any fault in your Viewing Card caused by you tampering with it, your negligence or your failure to follow our instructions, or these Terms and Conditions or the OSN Subscriber Terms and Conditions; (vi) use of a Viewing Card with any decoding apparatus we do not authorize; (vii) any delay, failure, act or default in relation to the provision of the OSN Store and/or the Content via streaming or download caused by events outside our reasonable control (including, for example, severe weather conditions, terrorist activity, war or government action); (viii) errors, viruses or bugs present in or arising from your use of the OSN Store or any Content; (ix) incompatibility of the OSN Store or Content with any other software or hardware (including device); (x) interruption or delay in the performance of the OSN payments systems caused by matters outside our reasonable control; (xi) any loss or damage caused by us or any of our respective officers, employees or agents in circumstances where there is no breach of a contractual obligation or legal duty of care owed to you by us or by any of our employees or agents or such loss of damage is not a reasonably foreseeable result of any breach; (xii) any loss of damage caused by us or any of our respective employees or agents to the event that such loss or damage results from any breach by you of these Terms and Conditions; (xiii) your failure to follow our reasonable instructions; (xiv) any act or default of any third party supplier, Set Top Box or device manufacturer or provider of a device operating system, which is beyond the reasonable control of OSN.
- 10.3 In addition to the above, in no event will OSN, its subsidiaries, directors, employees or licensors be liable to you for personal injury or any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, or any damages or loss (including, but not limited to any damage to your device) arising out of or in connection with the use or performance of the OSN Store.
- 11.1 You agree that OSN may use, process, store and transfer information and data in accordance with this clause 11. Such information includes any information or data: (i) you have provided to OSN, including via any OSN website; (ii) collected when you have ordered or enquired about any of OSN's products or services; (iii) collected via IP, Mac Address or any cookies used to access any of OSN's products or services; or (iv) that is diagnostic and has been collected during your use of the Set Top Box or any other device authorized by OSN in connection with your use of any of OSN's products or services ("Information").
- 11.2 OSN may share the Information with any successors, affiliates, agents, partners, contractors, subcontractors, employees, officers, data processors or consultants of OSN and with any third parties whether in or outside the Territory for them to use, process, store, transfer and/or share such Information for the purposes of: (i) monitoring and improving OSN's products and services; (ii) market research; (iii) compliance with any legal or regulatory requirements; (iv) detection and prevention of fraud or any incidences or piracy; (v) security and law enforcement; (vi) direct marketing to you of OSN's products, services, events or promotional offers (including via email, SMS or telephone); and in order to offer personalized services including, for example, to offer viewer recommendations or targeted advertising.
You agree to defend, indemnify and hold harmless OSN, its licensors, parent company, subsidiary companies, associates, affiliates, partners, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from your breach of these Terms and Conditions or your violation of any third-party right, including without limitation any copyright, intellectual property, or privacy right.
13. Changes to Terms and Conditions
You acknowledge that we may make changes to these Terms and Conditions from time to time without notice. These changes will govern your future use of the OSN Store and Content contained therein and, by continuing to use or access the OSN Store or such Content, you agree to be bound by the revised Terms and Conditions as applicable.
14. Governing Law and Disputes
- 14.1 These Terms and Conditions are governed by the laws of the Dubai International Financial Centre.
- 14.2 In the event of any dispute or grievances in relation to the OSN Store or any Content contained therein please contact us at any time by emailing firstname.lastname@example.org and we shall endeavor to resolve any such disputes. If we are unable to resolve any such disputes, the DIFC courts shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms and Conditions.
- 14.3 If any provision of these Terms and Conditions is held to be invalid, illegal or unenforceable, the validity, legality or enforceability of the other provisions will not be effected and will remain in full force and effect.
15. Contacting Us
You can contact us at any time by visiting our "Contact Us" pages of the OSN website or by emailing us via email@example.com.
Any capitalized words or phrases shall have the following meanings:
- "Content" means any movie, program, channel, episode or series offered to Eligible OSN Store Customers by OSN to rent or buy in accordance with these Terms and Conditions.
- "Eligible OSN Store Customers" means any customer to the OSN Store who complies with the Eligibility Requirements.
- "Eligibility Requirements" means the eligibility requirements set out at clause 2.2 of these Terms and Conditions.
- "MyOSN Account" means your personal OSN Subscriber account as created in accordance with the OSN Subscriber Terms and Conditions.
- "OSN" means the brand associated with and presented by Gulf DTH FZ LLC, a company registered under the laws of the Dubai Creative Clusters Authority (formerly known as Dubai Technology and Media Free Zone Authority), with a registered office at The OSN Building, Dubai Media City, Dubai, United Arab Emirates.
- "OSN Play " means OSN's digital platform which allows you to receive certain Services on internet connected devices pursuant to the OSN Subscriber Terms and Conditions.
- "OSN Subscriber Terms and Conditions" means the terms and conditions of your main OSN subscription pursuant to which you receive certain pay TV services as selected by you from OSN.
- "OSN Store" means the service through which Eligible OSN Store Customers can rent or buy Content via the "OSN Store" service as made available in OSN's sole discretion via each OSN Subscriber's Set Top Box (and such other devices as may be available from time to time).
- "OSN Subscriber" means a person who receives pay TV services from OSN pursuant to the OSN Subscriber Terms and Conditions.
- "Security Measures" has the meaning given to it in clause 5.1 of these Terms and Conditions.
- "Services" means the services that OSN may make available to you as an OSN Subscriber pursuant to the OSN Subscriber Terms and Conditions.
- "Set Top Box" means the specific hardware provided to you by OSN in accordance with the OSN Subscriber Terms and Conditions.
- "Viewing Card" means the card that permits you to view the OSN pay TV service as provided to you in accordance with the OSN Subscriber Terms and Conditions.