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Special Terms and Conditions for the Service Live Streaming

SPECIAL TERMS AND CONDITIONS FOR THE SERVICE LIVE STREAMING

1. SERVICE DESCRIPTION

The Live Streaming Service (“the Service”) offers the ability of viewing a number of sports games which are transmitted live or recorded over broadband internet access, within Cyprus or abroad, on a demand, per match basis.

2. CONNECTION TO THE SERVICE

2.1 For the provision of the Service, the user must have a broadband access to the internet, with minimum speed 350 kbps.

2.2 The user’s connection to the Service shall be made through the website webtv.cytanet.com.cy (“the Website”).

2.3 In order to use the Service, the user must first register to the Service by creating an account with the use of an electronic mail address and an access code.

The email and access code are necessary for accessing the user’s account and the Service in order to view a match.
The user must choose an access code that will give him maximum safety and protect him from theft.
For the completion of the registration, the user must accept the present Terms and Conditions.

2.4 In order to view a match, the viewer must first credit his/her account with the sufficient number of credits by using his/her credit card.  Each credit corresponds to €1.  Credits can only be used for viewing matches by the specific user, they cannot be transferred, they cannot be exchanged for money and cannot be transferred from one user to another.  For security reasons, Cyta may determine the maximum amount of credits that an account can be credited with.  In case that a Service or an account is terminated for any reason, credits within the users account will be cancelled without any obligation by Cyta to provide any form of compensation.

3. SERVICE CHARGES

3.1 The Service charges shall be on a pay per view basis. The user shall select the game he chooses to watch and the corresponding credits will be deducted from his account.

In case that credits in his/her account are not enough, no deduction will take place and the user will not be able to watch the game.  In order to credit his/her account with credits, the user should provide the corresponding amount by using a credit card – Visa or Mastercard.

It is noted that pricing per game may be different per game or per user’s network and this will be announced to the user before purchasing a game.

3.2 In case the user does not receive the Service after payment or does not get access for reasons attributed to Cyta, according to paragraph 3.1 above, his account will be debited with the corresponding credits used to view the specific game.

4. PROHIBITIONS

4.1 The Service is provided only for personal use. The resale or offer of the Service to third parties with or without consideration is prohibited. The Service is not available to internet service providers or broadband service providers. The public viewing of the content of the Service is prohibited.

4.2 The Service shall not be used for any act which:
(a) endangers the security of the Republic of Cyprus or the public order or violates the law or is against public morality
(b) harasses persons
(c) constitutes usage of the telecommunication means in a way that does not comply with their purpose
(d) infringes the law or does not fulfil any requirement of the law
(e) constitutes a criminal offence or promotes the commitment of a criminal offence
(f) constitutes tort against any person or promotes the commitment of tort
(g) is indecent or promotes indecent behaviour or is of erotic nature or content
(h) offends the faith and/or the principles or religious beliefs of any person
(i) interferes with the constitutional rights of an individual
(j) harms Cyta’s reputation
(k) promotes or expresses discrimination based on race, sex or other reason
(l) makes reference to the activities of public figures or implies specific persons without naming them, without their written consent, or intrudes in the private life of any individual
(m) incites any person to take up dangerous activities or to use dangerous substances
(n) constitutes collection of personal data.

4.3 Access to the Service without authorisation is not allowed.

5. DISCLAIMER

5.1 The Service is offered on a “as is” basis. Cyta does not make any express or implied warranty, including and not limited to, any implied warranty for merchantability of fitness for a particular purpose. Especially Cyta does not guarantee that the Service shall be uninterrupted, timely, secured, error free or that the Service shall be available at a particular time or place. Cyta’s liability shall be limited to exercising reasonable efforts to restore the Service as soon as possible.

5.2 Cyta shall not be liable for any direct, indirect exemplary, punitive, accidental, special consequential damage for loss of profits, goodwill or other damage which the user may sustain due to:
(a) The use or inability to use or the interruption or degradation or illegal use of the Service.
(b) Any products, data, transactions, information or services which are received through the Service.
(c) Access without authorisation.

6. PROTECTION OF PERSONAL DATA

6.1 Cyta shall not reveal or notify or transfer in any way, any data with regard to the users of the Service, with the exception when this is required by a Court Order or in order to comply with Cyta’s contractual obligations to UEFA or its subcontractors.

6.2 The user is responsible for the security of his access code and in case this is revealed to a third party, he shall change it immediately and shall notify to Cyta any problem encoumentered. Cyta is not responsible for any use of the access code by third parties without the user’s authorisation and in such a case the user shall pay to Cyta the respective amount for viewing the game by others.

7. INTELLECTUAL PROPERTY RIGHTS

7.1 This Service and its software belongs to Cyta and transmits content and information in which the intellectual property rights belong to third parties and are protected by law.

7.2 The user may not amend, copy, reproduce, retransmit, transmit, make available or sell in any way the Service, the content or any part of the content or the Service or create products that result from the content of the Service.

8. INDEMNITY

8.1 The user shall fully indemnify and keep Cyta harmless against any suit or demand arising against it or a decision that may arise against it, as well as every liability, loss, damage, costs and expenses including without limitation, interest, penalty, taxes, levies and legal fees incurred by any cause of action deriving from his actions or from the infringement of these terms and conditions or the use of the Service.

8.2 Cyta shall notify the user within ten (10) days of any such suit or claim and shall give the user such assistance and information necessary for the defence of such suit or claim.

8.3 Cyta shall not make any admission or acknowledgement or other act which may prejudice the defence of the claim without the user’s consent, unless the user fails to take defence of the claim within ten (10) days from notice of such suit or claim.

9. TERMINATION

9.1 The Service shall be terminated without notice in case the user infringes the present terms and conditions.

9.2 Cyta may terminate the Service or the present agreement without reason or notice.

10. SERVICE SUSPENSION

Cyta reserves the right to suspend the Service in case of an infringement of the present terms and conditions or in case Cyta’s agreements with the owners or publishers of the content are terminated.

11. FORCE MAJEURE

11.1 Any delay in performance or failure of performance of either party’s obligations pursuant to this Agreement due to a force majeure event, shall not constitute a breach of this Agreement if, and for as long as, it is due to the force majeure event, provided that the party concerned has made every reasonable effort to perform its obligations in an alternative manner.

11.2 The occurrence of any events, acts or accidents referred to in Clause 11.1 above shall be notified by the party affected by it to the other party, in writing, as soon as practically possible.

11.3 Any contractual provisions or obligations affected by any events, acts or accidents referred to in Clause 11.1 above shall be suspended or extended for a time equal to the duration of the events, acts or accidents.

11.4 If the performance of this Agreement, as a consequence of any events, acts or accidents referred to in Clause 11.1 above, is suspended or delayed for a period exceeding two months, either party may lawfully terminate this Agreement by giving written notice to that effect to the other party.

12. AMENDMENTS

Cyta reserves the right to amend the present terms and conditions. These amendments shall be published at the Website.