Tego - Terms and Conditions
(Updated – January 2021)
1. DESCRIPTION OF SERVICE AND ACCEPTANCE OF TERMS
Television Entertainment On-The-Go Limited (“Tego,”, “Tego TV,” “we,” or “us”) provides an online video service which gives users the opportunity to select from various offerings of live and on-demand programming, including Caribbean television channels, live streamed events, live or on-demand sports, television shows, movies, clips, and other content (collectively, the “Content”). Our video service, the Content, our player for viewing the Content (the “Video Player”), our applications for viewing the Content (the “Apps”) and any other products, features, tools, materials, or other services (including third-party branded services) offered from time to time by Tego through a variety of Access Points (defined below) are referred to collectively as the “Services.” The term “Access Points” refers to, collectively, the tegotv.com website (the “Tego TV Website”), the tegostream.com website (the “Tego Stream Website”), the tegostores.com website (the “Tego Stores Website”), the info.tegotv.com website (the “Tego Info Website”), applications, and other places where any Services are available, including websites and applications of Tego’s third-party distribution partners and other websites where users or website operators are permitted to embed or have otherwise licensed the Video Player.
Please note that the website addresses (i.e., URLs) included within these Terms may not function as hyperlinks on all the Access Points. To view these Terms with clickable hyperlinks, please visit the Tego TV Website on your computer.
2. CHANGES TO THESE TERMS
We may need to make changes to these Terms from time to time for many reasons. For example, we may need to reflect updates in how the Services work or changes in the law. You should look at these Terms regularly, which are posted on the Tego TV Website at tegotv.com/terms-and-conditions. If we make a material change to these Terms, we will notify you by posting a notice on the Tego TV Website. If you are a registered user, we will also send an email to the email address you most recently provided to us prior to the material change taking effect. Any material change to these Terms will be effective automatically 30 days after the revised Terms are first posted or, for users who register or otherwise provide opt-in consent during this 30-day period, at the time of registration or consent, as applicable.
3. ACCESS AND USE OF THE SERVICES
3.1 Age Limitations. The Services are not intended to be used by children without involvement and approval of a parent or guardian. If you are under the age of 13, you are not permitted to register with Tego or provide your personal information to Tego. If you are at least 13 and under 18 years of age (or under the applicable age of majority in your state or territory of residence), you may register with Tego, but only if you have the consent of your parent or guardian, including consent to these Terms on your behalf, and for clarity, you may only modify an account, or associated profiles, with the consent of your parent or guardian. Please note that you must be at least 18 years of age in order to purchase certain Services.
3.2 Ownership and License. Tego owns and retains all rights to the Services, and the Content is owned or controlled by Tego TV and Tego’s contracted partners and affiliates. The Services and the Content are also protected by copyright, trademark, and other intellectual property laws. That said, Tego is pleased to grant you a non-exclusive limited license to use the Services, including accessing and viewing the Content on a streaming-only basis through the Video Player, Tego TV Website and Apps, for personal, non-commercial purposes as set forth in these Terms. The periods during which you can view each piece of Content will vary based on the rights availability of such Content and the terms of your subscription. The Services may include different Content offerings, features, and usage rules, which will be explained to you during your sign-up or in other materials made available to you.
3.3 Profiles. Tego TV may in the near future offer the option to personalize use of the Services through the creation of one or more profiles under one account. Only the account holder, and those with permission from the account holder, may create a profile. The account holder may access profile details and delete or otherwise modify profiles associated with the account.
3.4 The Content.
- Usage Rules and Limitations. You may not either directly or through the use of any device, software, internet site, web-based service, or other means 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 geo-filtering mechanisms. For clarity, you may not use any technology or technique that obscures or disguises your location when you are accessing the Services. You may not either directly or through the use of any device, software, internet site, web-based service, or other means copy, record, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, or transmit or retransmit the Content unless expressly permitted by the terms of your subscription or otherwise by Tego in writing. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by Tego in writing. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by Tego. You may not build a business utilizing the Content, whether or not for profit. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless expressly permitted by Tego in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
- Content Subjectivity. Content tends to elicit varying reactions among different people. You may come across Content that you find offensive, indecent, explicit or objectionable. Also, Content types, genres, categories, and descriptions are provided as suggestions to help with navigation, and Tego does not guarantee that you will agree with them. You acknowledge these risks.
- Content Quality. Tego uses various technologies to provide you with an optimal viewing experience. That said, quality of Content, including resolution, may be affected by the format of the Content, your location, the speed and bandwidth of your internet service, and the devices used, among other factors. HD and 4K Ultra HD availability for certain Content depends on your internet service and device capabilities. The time it takes you to begin playing Content will vary based on a number of factors, including your location, internet bandwidth, the number of devices simultaneously connecting to the same network, the Content you have selected, and the configuration of the device you are using. As a result, Tego is unable to make any warranties about the Content in these respects.
- Content Presentation. We want you to have the best experience with our Services, including the ability to easily discover and enjoy new Content. To help do that, Content you view across all Services may include promotional videos (e.g., previews or trailers) before and after that Content. Please note that Content you view (e.g., legal and medical shows) should not be relied upon for advice. For those who are susceptible to photosensitive epilepsy or other photo sensitivities, it’s also important to remember that some Content may contain flashing lights sequences or patterns.
- Temporary Downloads. Tego does not yet offer the ability to temporarily download any Content on any compatible devices so that you can watch it offline. Should this technology be implemented in our Apps, this Terms will be updated and you will be notified.
3.5 Live TV and Events Service.
Tego offers multiple Services that provide access to different types of Content. For example, you may subscribe to a Service that provides live TV and other related Content, including on-demand Content (“Live TV Service”). If your subscription includes the Live TV Service, please be aware of following:
Free Live TV Channels. By default, all new Tego registered users are automatically subscribed to a range of free Live TV channels. Some of these Live TV channels are subject to geographical restrictions and timed blackouts. Your IP address will be used to determine your viewing location to where relevant TV Channels are available to you.
Live Streamed Events. You will be able to access all Live Events that are free for public viewing and also subject to geographic availability. Some of these Live Events which are viewable on the Tego Stream Website can also solicit donations via credit card all of which are non-mandatory.
Advertisements. If you subscribe to multiple Services, the terms of one Service will not impact those of another Service. For example, if you subscribe to both the free Live TV Service and another Service featuring Content on-demand without advertisements, you will still see advertisements while streaming Content from the Live TV Service.
Live Content Restrictions. Certain live Content, including live events, may be unavailable due to your location, blackouts, or device-specific restrictions set by content owners and other parties that control Content rights.
3.6 The Video Player. You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of the Video Player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Video Player. This restriction includes, without limitation, disabling, reverse engineering, modifying, interfering with or otherwise circumventing the Video Player in any manner that enables users to view the Content without: (i) displaying visibly both the Video Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the Access Point where the Video Player is located; and (ii) having full access to all functionality of the Video Player, including, without limitation, all video quality and display functionality and all interactive, elective, or click-through advertising functionality.
3.7 Embedding a Video Using the Video Player. Where Tego has incorporated an embed option in connection with Content on the Services, you may embed videos using the Video Player, provided you do not embed the Video Player on any website or other location that (i) contains or hosts content that is unlawful, infringing, pornographic, obscene, defamatory, libellous, threatening, harassing, vulgar, indecent, profane, hateful, racially or ethnically offensive, encourages criminal conduct, gives rise to civil liability, violates any law, rule, or regulation, infringes any right of any third-party including intellectual property rights, or is otherwise inappropriate or objectionable to Tego (in Tego’s sole discretion), or (ii) links to infringing or unauthorized content (collectively, “Unsuitable Material”). You may not embed the Video Player into any hardware or software application, even for non-commercial purposes. Tego reserves the right to prevent embedding to any website or other location that Tego finds inappropriate or objectionable (as determined by Tego in its sole discretion).
3.8 Compatible Devices. In order to access the Services, you will need to use a computer, mobile device, streaming media player, or other device that meets the system and compatibility requirements that we establish from time to time (each, a “Compatible Device”). Please visit our Tego Info Website at info.teogtv.com/devices for a current list of Compatible Devices. Please note that Compatible Devices may vary by Service, and may be subject to additional terms. For example, certain devices may not be capable of streaming Content from the Live TV Service but may be capable of streaming other Content. Features and functionalities that we make available through the Services may also differ by Compatible Device and the terms of your subscription. If you access the Services using a Compatible Device, the third-party that offers that Compatible Device shall be a third-party beneficiary to these Terms, but is not a party to these Terms.
3.9 Simultaneous Streams. The number of simultaneous streams of Content that you can access varies by Service and may require device and account verification. Our Live TV Service has no limitation currently on the number of simultaneous streams per user account but subscribing to certain subscription type services may affect the number of simultaneous streams of Content that are allowed.
3.10 Internet Service and Data Usage. In order to access the Services, you must have a high-speed broadband, wireless or similar internet connection from an internet service provider that meets certain technical specifications. Please note that multiple simultaneous streams, as well as HD and 4K Ultra HD Content, may require higher internet bandwidth. You are responsible for any costs associated with your internet service used to access the Services. Your use of the Services may count toward your data usage, depending on the terms of your agreement with your internet service provider.
3.11 Your Responsibilities. In order for us to keep the Services safe and available for everyone to use, there are some set guidelines that must be adhered to. You agree to observe all restrictions identified in these Terms, including without limitation using the Services in a way that:
- violates the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;
- uses technology or other means to access, index, frame or link to the Services (including the Content) that is not authorized by Tego (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of the Services);
- involves accessing the Services (including the Content) through any automated means, including “robots,” “spiders,” or “offline readers” (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices – but not caches or archives – of the Services and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);
- 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;
- damages, disables, overburdens, impairs, or gains unauthorized access to the Services, including Tego’s servers, computer network, or user accounts;
- removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the Services (including the Content);
- uses the Services to advertise or promote services that are not expressly approved in advance in writing by Tego;
- collects information about users for the purpose of sending, facilitating, or encouraging unsolicited bulk or other communications;
- furthers any means of fraudulent activity, including identity theft;
- encourages conduct that would constitute a criminal offense or give rise to civil liability;
- violates these Terms or any guidelines or policies posted by Tego;
- interferes with any other party’s use and enjoyment of the Services; or
- attempts to do any of the foregoing.
We reserve the right to immediately terminate or restrict your account or your use of the Services at any time, without notice or liability, if Tego determines or reasonably believes in its sole discretion that you have breached these Terms, violated any law, rule, or regulation, engaged in other inappropriate conduct, or for any other business reason. Of course, we would prefer to avoid such termination; we may use technical measures to block or restrict your prohibited access to or use of the Services, and you agree not to circumvent, avoid, or bypass such restrictions. We also reserve the right to take appropriate legal action against you, and you acknowledge that you will have caused substantial harm to Tego and that the amount of such harm would be extremely difficult to measure.
3.12 Software Downloads. In order to participate in certain Services or access certain Content, you may be notified that it is necessary to download software or other materials or agree to additional terms and conditions. Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into these Terms.
3.13 Modification/Suspension/Discontinuation. We regularly make changes to the Services. The availability of the Content, as well as Access Points and Compatible Devices through which the Services are available, will change from time to time. Tego reserves the right to replace or remove any Content and Access Points available to you through the Services, including specific titles and networks/channels, and to otherwise make changes in how we operate the Services. Additionally, you agree that for various reasons, such as restrictions from content programmers and other limitations or considerations from third-parties, certain Content and functionality that may be available through one Access Point or Compatible Device may not be available through another Access Point or Compatible Device. We hope not to, but we may change, suspend, or discontinue – temporarily or permanently – some or all of the Services (including the Content and the Compatible Devices through which the Services are accessed), with respect to any or all users, at any time without notice. In our continued assessment of the Services, we may from time to time, with respect to any or all of our users, experiment with or otherwise offer certain features or other elements of the Services, including promotional features, user interfaces, product features and functionality, plans, pricing, and advertisements. You acknowledge that Tego may do so in Tego’s sole discretion at any time without notice. You also agree that Tego will not be liable to you for any modification, suspension, or discontinuance of the Services.
4. SUBSCRIPTIONS AND BILLING
4.1. Ongoing Subscription and Fees. While we may offer Content from time to time for free, we charge a fee to access some video-on-demand and live Services. We will bill you in advance for your subscription. Your subscription will continue and automatically renew on a recurring basis corresponding to the term of your subscription unless and until you cancel your subscription, or your account is otherwise suspended or terminated pursuant to these Terms. Tego reserves the right to change the terms of your subscription, including price, from time to time, effective as of the beginning of your next Billing Period following the date of the change. We will give you advance notice of these changes, but we will not be able to notify you of changes in any applicable taxes.
4.2 Payment Method. Unless otherwise indicated, you will be required to provide a credit card or other payment method accepted by Tego, as may be updated from time to time (“Payment Method”). We will charge your Payment Method a periodic subscription fee on a recurring basis corresponding to the term of your subscription, and any applicable taxes. You are solely responsible for any and all fees charged to your Payment Method. When you provide a Payment Method, we will attempt to verify the information you entered by processing an authorization hold. We do not charge you in connection with this authorization hold, but your available balance or credit limit may be reduced. If you want to use a different Payment Method than the one you signed up to use during registration, you may edit your Payment Method information by logging in on the Tego Stores Website and viewing your account details.
4.3 Billing Holds. In the event of a failed attempt to charge to your Payment Method (e.g. if your Payment Method has expired), we reserve the right to retry billing your Payment Method. In the event that you or we (through our payment service providers) update your Payment Method to remedy a change in validity or expiration date, we will automatically resume billing you for your subscription to the Services. We may suspend or cancel your access to the Services if we remain unable to successfully charge a valid Payment Method. We also reserve the right to pursue any amounts you fail to pay in connection with your subscription, including collection costs, bank overdraft fees, collection agency fees, reasonable attorneys’ fees, and arbitration or court costs.
4.4 Billing Period. As used in these Terms, “billing” shall indicate either a charge or debit, as applicable, against your Payment Method. We will automatically bill your Payment Method on the later of the day you start your subscription or the day your free trial ends, and on each recurring billing date thereafter. Your “Billing Period” is the interval of time between each recurring billing date and corresponds to the term of your subscription. Where applicable, charges for one or more Services may be prorated for any partial month of service. To see your next recurring billing date, log in on the Tego Stores Website and view your account details. You acknowledge that the timing of when you are billed and the amount billed each Billing Period may vary, including if your subscription began on a day not contained in a given month (e.g. if you have a monthly subscription and became a paying subscriber on January 31, your Payment Method would next be billed on February 28), due to free trials and other promotional offers, gift card redemptions, credits applied, or changes in your subscription or Payment Method.
4.5 Cancellation and Refunds. You can cancel your subscription by logging into your Tego account and following the instructions on your account page on the Tego Stores Website. See Section 4.9 for cancellation information if you pay for the Services through a third-party. You must cancel your subscription prior to 11:59 p.m. Eastern time on the day before your next recurring billing date in order to avoid being charged. If you cancel your subscription, you will continue to have access to the Service through the end of your current Billing Period. However, if you modify your subscription to switch from one Service to another Service during your Billing Period, you may not have continued access to your original Service. If you cancel, including if you switch your billing from Tego to a third-party, you will also forfeit any service, referral, or redeemed gift card credits.
Payments are non-refundable. If you cancel, modify your subscription, or if your account is otherwise terminated under these Terms, you will not receive a credit, including for partially used periods of Service. There are circumstances where Tego may provide credits on a case by case basis. The amount and form of such credits, and the decision to provide them, are at Tego’s sole and absolute discretion.
4.6 Free Trials. On occasion, we may offer free trials to a particular Service, subject to specific terms explained during your sign-up to that specific subscription service. You can view details of your free trial on your Tego Stores Website account page. Tego reserves the right to determine eligibility for free trials, which may vary based on factors including the Service selected, how recently you redeemed a free trial, and whether the Service is part of a combined offering. Certain limitations may also exist with respect to combining free trials with any other offers.
An authorization hold of $0.1 USD will be placed on your Credit Card. This is necessary for Tego to confirm that your credit card is valid and can be charged when the trial period has ended. This $0.1 USD hold will be released by your Credit Card issuer in 7 days on average but it may take longer depending on your Credit Card issuer. This is just a Card Authorization Hold and this amount has not actually been taken from your credit card to initiate the free trial and will be returned to you.
It is very important to understand that you will not receive a notice from Tego that your free trial has ended and that payment for your subscription is due. If you wish to avoid charges to your Payment Method, you must cancel your subscription prior to the same time as the trail was started on the last day of your free trial period. Because the Services are offered in multiple time zones, for consistency, a “day” for purposes of these Terms begins at 12:00 a.m. Eastern Time and ends at 11:59 p.m. Eastern time of that same calendar day. You may cancel your subscription at any time as described in the “Cancellation and Refunds” section of these Terms. If you cancel your subscription during a free trial or while using a promotional code or other credits, cancellation may be effective immediately.
4.7 Promotions. If we offer you a promotion (e.g., a promotional price or bundled subscription), the specific terms of the promotion will be disclosed during your sign-up or in other materials provided to you. We will begin billing your Payment Method for your subscription at the then-current, non-promotional price after your promotion ends unless you cancel prior to the end of your promotion or unless otherwise disclosed.
4.8 One-Time Pay Per View Events. We may offer one-time pay per view events in connection with the Services. Some of these events may be offered through a third-party, in which case you may be required to complete your purchase through and view the event using a third-party Service. You will be charged for pay per view events at the time of purchase.
4.9 Third-Party Billing. You may choose to be billed for, or receive access to, the Services through a third-party, in which case, your billing relationship will be directly with that third-party, additional terms may apply, and Service offerings may be limited. If you want to cancel or modify your subscription or manage your billing, you may need to do so through your account with such third-party. Tego will not be liable to you for any claims arising out of or related to your purchase or use of third-party products or services.
4.10 Subscription Support. Customers that have queries or issues with respect to their subscription or billing service can email the Tego support team at email@example.com with the subject “Tego Subscription Support” and Tego will try to respond to the request under 4 hours between 8am and 8pm Monday to Friday (Trinidad & Tobago Time, GMT -4) and under 12 hours outside of these hours. Do note that some special support cases can take up to 1-2 business days to resolve due to the nature of some requests requiring interaction with our credit card processing partner, First Atlantic Commerce.
5. ACCOUNTS AND REGISTRATION
You are responsible for all use of your account, including use of your account by other members of your household. By allowing others to access your account or to create profiles within your account, you agree to be responsible for ensuring that they comply with these Terms and you agree to be responsible for their activity using the Services.
All registration information you submit must be accurate and updated. Because you are responsible for all use of your account, including unauthorized use by any third-party, please be very careful to guard the security and confidentiality of your password. You will not have to reveal it to any Tego representative. Please notify us using the customer support email hyperlink form from our Tego TV website at tegotv.com if you suspect any unauthorized use of your account.
Tego may offer the account holder certain rights, including the right to access information about and delete the account and all associated profiles. You may find information on how to exercise these rights by logging in on the Tego Stores Website and viewing your account details. Please note, you must first cancel your subscription before you will be able to delete your account. Please see the section “Cancellation and Refunds” above for instructions on how to cancel your subscription.
6. COLLECTION AND USE OF PERSONAL INFORMATION
6.2 Payment Data. Tego will not share with any content owner any Payment Data. “Payment Data” means any full credit card number or other full payment account number and the related expiration date and security code entered by a user of our Services as this information will be encrypted. Note that if a user enters such information in other areas of the Services or otherwise provides it to another user, it may not be encrypted and may be automatically shared with our Content suppliers, so users should enter such information only under “Checkout” on the order payment page.
6.3 Personal Information Access. Registered users may access and update some of their Personal Data being stored by us by logging in and visiting the My Account page on the Tego Stores Website. Registered users may also contact us directly at the email address specified below with requests to update and/or access Personal Data that is not accessible through the My Account page. Unregistered users do not have a formal account with Tego; however, you can create a formal account by signing up via any of our Access Points. After signing up, you can update and access some of your Personal Data on the My Account page. We will take reasonable steps to respond to requests relating to Personal Data within thirty (30) days, however, to the extent lawful, we may reject requests that we find to be unreasonable (i.e., require disproportionate efforts or material changes to our information systems), impractical or abusive (i.e., repetitive requests, requests made in bad faith, requests that would compromise third party information).
You have several choices available when it comes to your personal data:
- Personal Data Provided to Others
- Third Party Links
- Non-Personal Data
- Aggregated Personal Data
- International Privacy Laws
- Dispute Resolution
If you have a complaint about Tego’s privacy practices, you should write to us at by email to firstname.lastname@example.org. We will take reasonable steps to work with you to attempt to resolve your complaint.
7. LINKED DESTINATIONS AND ADVERTISING
7.1 Third-Party Destinations. If we provide links or pointers to other websites or destinations, you should not infer or assume that Tego operates, controls, or is otherwise connected with these other websites or destinations. When you click on a link within the Services, we will not warn you that you have left the Services and are subject to the terms and conditions (including privacy policies) of another website or destination. These Terms do not govern your use of another website or destination.
Tego is not responsible for the content or practices of any website or destination other than the Tego Access Points, even if it links to the Tego TV Website and even if the website or destination is operated by a company affiliated or otherwise connected with Tego. By using the Services, you acknowledge and agree that Tego is not responsible or liable to you for any content or other materials hosted and served from any website or destination other than the Tego Access Points.
Tego, the Tego logo, and other Tego marks, graphics, logos, scripts, and sounds are trademarks of Television Entertainment On-The-Go Limited. None of the Tego trademarks may be copied, downloaded, or otherwise exploited or used on any web or print material without Tego’s written consent.
9. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY
WHILE WE DO OUR BEST TO PROVIDE THE OPTIMAL PERFORMANCE OF THE SERVICES, YOU AGREE THAT USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, INCLUDING THE TEGO TV WEBSITE, THE CONTENT, THE VIDEO PLAYER, THE FEATURES, USER MATERIAL, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH ANY ACCESS POINT OR COMPATIBLE DEVICE, ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, TEGO DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE.
IN NO EVENT SHALL TEGO OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT PROGRAMMERS) (COLLECTIVELY, THE “TEGO PARTIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH ANY ACCESS POINT OR COMPATIBLE DEVICE), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE TEGO PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE OR COUNTRY LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. 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 TEGO FOR ACCESS TO ANY OF YOUR SUBSCRIPTIONS IN THE 6 MONTHS PRECEDING THE CLAIM OR $50 USD, WHICHEVER IS GREATER.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE TEGO PARTIES FROM 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). TEGO RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
10. NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that any Content, User Material, or other material provided through the Services, including through a link, infringes your copyright, you should notify Tego of your infringement claim in accordance with the procedure set forth below.
We will process each notice of alleged infringement that Tego receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to Tego’s copyright agent at email@example.com (subject line: “Content Takedown Request”).
To be effective, the notification 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 that you claim is infringing is located on the Services that is reasonably sufficient to enable Tego to identify and locate the material; (iv) how Tego 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 disputed use 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. Emails sent to firstname.lastname@example.org for purposes other than communication about copyright infringement may not be answered.
Tego has a policy of terminating repeat infringers in appropriate circumstances.
11. LIMITATION ON TIME TO BRING A CLAIM
12. GENERAL INFORMATION
12.1 International Use. We are a company based in the Trinidad & Tobago and offer our Services to users worldwide. Hulu’s goal is to bring you as much Content as is legally available. That said, we are limited by the rights that our content programmers grant to us. Access to the Services from locations where Tego does not have rights, that are not permitted by the terms of your subscription, or where Tego does not make the Services available is prohibited.
12.2 Export Controls. Software and the transmission of applicable technical data, if any, in connection with the Services are subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.
12.3 No Waiver/Reliance. If you see other parties violating these Terms, let us know at email@example.com (subject line: “TOU Violation”). Tego will determine if and how to respond. Tego’s decision to delay exercising or enforcing any right or remedy under these Terms shall not constitute a waiver of such right or remedy with respect to any party. Even if Tego acts in a way that appears to you to be inconsistent with these Terms, Hulu’s action shall not be deemed a waiver or constructive amendment of these Terms.
From time to time, we may communicate with you about the Services and these Terms electronically (e.g., emails to your registered email address, notices on the Tego TV Website and other Access Points). You consent to receive electronic communications from Tego and further agree that any notices, agreements, disclosures, and other communications that we send to you electronically will satisfy any applicable legal notification requirements. We recommend that you keep a copy of any electronic communications we send to you for your records.
12.5 Survival. The provisions of these Terms which by their nature should survive cancellation or deletion of your Account shall survive such cancellation or deletion.
13. COOKIES, PIXELS TAGS, LOCAL SHARED OBJECTS, WEB STORAGE AND SIMILAR TECHNOLOGIES
14. YOUR CHOICES
You have several choices available when it comes to your Personal Data:
- Limit the Personal Data You Provide
You can browse the Services without providing any Personal Data (other than Automatic Data to the extent it is considered Personal Data under applicable laws) or with limiting the Personal Data you provide. If you choose not to provide any Personal Data or limit the Personal Data you provide, you may not be able to use certain functionality of the Services. For instance, in order to open an account, or buy or sell tickets, your name and email address will be required.
- Opt-Out from Electronic Communications.
- Tego Marketing Communications
Tego may send you electronic communications marketing or advertising the Services themselves or events on the Services, to the extent you have registered for the Services or purchased a ticket and/or registration to an event listed on the Services. You can “opt out” of receiving these electronic communications by clicking on the “Unsubscribe” link at the bottom of any such electronic communication.
- Transactional or Responsive Communications
Certain electronic communications from Tego are responsive to your requests. For instance, if you are a video-on-demand subscriber, we must email you your subscription details. As a further example, if you email our customer support department, we will return your email. Notwithstanding any unsubscribe election that you have made, you will still receive these emails. You can stop receiving these types of emails only by contacting us. By electing to stop receiving all electronic communications from us or through our system you will no longer receive any updates on events you have created (including pay-out issues) or on subscriptions.
- Do Not Track
We currently do not participate in any “Do Not Track” frameworks that would allow us to respond to signals or other mechanisms from you regarding the collection of your Personal Data.
- Tego Marketing Communications
Thank you for taking the time to read these Terms. By understanding and agreeing to follow these Terms, the experience will be better for all users. It is our goal to provide you with a first-class user experience, so if you have any questions or comments about these Terms, please contact us at: firstname.lastname@example.org. Enjoy Caribbean Entertainment at its Best!