Welcome to the terms of use of the Travelxp OTT service. These terms are between you and the company providing you with the Travelxp OTT service, which could be Travelxp.com or one of its affiliates, depending on your venue ("Travelxp", "we" or "us"). Your Travelxp OTT provider can change from time to time, with or without prior notice (unless required by applicable law). Please read these words, along with the Privacy Policy, Terms and Conditions, and the Travelxp OTT Service Usage Rules applicable to you, and any other rules and policies relevant to the Travelxp OTT Service (including but not limited to any rules or usage requirements listed on any product description page or on any support or other details page for the Travelxp OTT Service) (collectively, this "Agreement").
You accept this Agreement any time you visit, browse, or use the Travelxp OTT service
Travelxp OTT (the "Service") is a personalized service that provides, suggests and helps you discover digital television programs and other video material (collectively, "Digital Content") and other services offered by this Agreement. There are a range of ways to access the Service and Digital Content, including through Travelxp and the use of other Red Benefits and Travelxp services, which are regulated by different terms made available in the applications, websites or devices you use to access those services. If you are under 18 years of age or the age of majority at your place, you can use the Service only with the participation of a parent or guardian. We personalize content and functionality as part of the Services, including offering guidance on digital content, features and services that may be of interest to you. We are also committed to continually developing Travelxp products and facilities and your experience with them.
In order to stream or download Digital Content, you will need to use a personal computer, portable media player, or other device that meets the system and the compatibility specifications that we create from time to time (a "Compatible Device"). Some Compatible Devices may only be used for streaming digital content, some may only be used for uploading digital content, and some may be used for streaming and downloading digital content. We can adjust the specifications for Compatible Devices from time to time and in certain situations, whether a device is or remains a Compatible Device may depend on software or systems provided or maintained by the device manufacturer or other third parties. As a result, devices that are Compatible Devices at one time can cease to be Compatible Devices in the future. The Travelxp entity that provides you with the Travelxp OTT mobile app service may be different from the Travelxp entity that provides you with the service.
Owing to the technological and other limitations placed by the content providers, the Service is only available at certain locations. Digital Content (including subtitled and dubbed audio versions of Digital Content) and how we deliver Digital Content to you can differ in time and place. Travelxp can use technology to check your location. You must not use any technology or technique to mask or conceal your location.
a. General. The Service may allow you to access Digital Content on a subscription basis for viewing during a limited period of time during a subscription period (for example, through Travelxp Red or other subscription or standalone video subscription offering)
b. Usage Rules. Your use of Digital Content is subject to the Travelxp OTT Use Guidelines (the "Usage Rules"). The Access Rules include essential details, including the time span during which you are allowed to view various types of Digital Content (the "Viewing Period") and the restrictions on the number and type of Compatible Devices on which each type of Digital Content can be downloaded, streamed and displayed.
c. Promotional Trials. We often give qualified customers different trials or other promotional memberships that are subject to this Agreement, except as otherwise specified in the promotional offers. In our absolute discretion, we reserve the right to determine your eligibility. Trial members can opt not to continue paying membership at any time (through Your Account) at the end of the trial period.
d. Limited License to Digital Content. Subject to payment of any rental, purchasing or usage charges for Digital Content and your compliance with the terms and conditions of this Agreement, Travelxp grants you a non-exclusive, non-transferable, non- sublicensable, restricted license to access and view Digital Content for exclusive, non-commercial, private use during the relevant Viewing Period. After the end of its Viewing Time, we can automatically delete Digital Content from your Compatible Device.
e. Playback Quality; Streaming. The resolution and quality of the Digital Content that you receive will depend on a variety of factors including the type of Compatible Computer that you access to Digital Content and your bandwidth, which may increase or decrease during viewing. If we detect the Digital Content, we stream to you may be interrupted or otherwise may not play correctly due to bandwidth restrictions or other factors, we may reduce the resolution and file size of the streamed Digital Content in an attempt to provide uninterrupted viewing experience. Although we aim to provide you with a high-quality viewing experience, we do not guarantee the resolution or quality of the digital content you receive when watching, even if you have paid extra for access to highdefinition, high-definition, or high-dynamic content.
f. General Restrictions You may not (i) transfer, copy or display the Digital Content, except as permitted in this Agreement; (ii) sell, rent, lease, distribute, or broadcast any right to the Digital Content; (iii) remove any proprietary notices or labels on the Digital Content; (iv) attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management or other content protection system used as part of the Service; or (v) use the Service or Digital Content for any commercial or illegal purpose.
h. Audience Measurement. Some third parties, such as advertisers and copyright owners, are interested in learning how their content functions on OTT Platforms. While watching those platforms, Travelxp can provide third parties with information on your viewing behavior for the purpose of audience measurement and market research.
a. Streaming:First-party video subscription titles (e.g., those made available as a bonus of Red membership or as a promotional trial) are available for online viewing. You can stream video subscription titles online via your web browser, Internet-connected TVs and other compatible devices. Visit the Compatible Devices page of the website you are using to access the Travelxp links for a list of devices that are compatible with our service. Up to three titles can be streamed at the same time using the same Travelxp account. You can stream the same title to a maximum number of devices at a time (AS PER PLAN).
a. Use of the Software. We can make software available for your use in connection with the Service ("Software"). The terms of use of your Video Marketplace in the Terms of Use refer to your use of the Device.
b. Information Provided to Travelxp. The Service and Software may provide Travelxp with information on your usage and performance of the Service and the Software, as well as information on the devices on which you download and use the Service and the Software. For example, the Software can provide Travelxp with information related to the Digital Content that you download and stream and your use of the Digital Content (such as whether and when you viewed the Digital Content, which may, among other things, help us measure the Viewing Period for Rental Digital Content). Any information we collect is subject to the Travelxp Privacy Notice from your Video Marketplace.
a. Termination. We may terminate your access to the Service, including any subscription made available as part of the Service, at our discretion without notice (except as may be required by applicable law). If we do so we will provide you with a pro-rated refund of your subscription fee (if any); however, if you breach any of the terms of this Agreement, your rights under this Agreement will automatically terminate without warning and Travelxp may at its discretion, instantly revoke your access to the Service and to Digital Content without any payments being refunded. In such a scenario, you must uninstall all copies of the Digital Material that you have downloaded.
b. Explicit Content. By using the Service, you can experience content that may be offensive, obscene or objectionable; the content may or may not be defined as having explicit language or other attributes. However, you consent to use the Service at your own risk, and Travelxp is not responsible for any content. Content styles, genres, categories and definitions are given for convenience, and Travelxp does not warrant their accuracy.
c. Communications. . We may send you promotions or otherwise communicate with you electronically, which may include e-mail, push notification or messages to your Travelxp Message Center, and you hereby agree to receive such communications (unless you are a customer in the European Union, Turkey or Brazil, in which case the preceding sentence does not apply). These communications will be rendered in compliance with the Travelxp Privacy Notice of your Video Marketplace. To stop receiving marketing messages from Travelxp OTT, change your marketing communications preferences from Your Account.
d. Modification of Service. Travelxp reserves the right to modify, suspend or discontinue the Service or any part of the Service at any time and without notice (except as required by applicable law), and Travelxp will not be liable to you if it exercises such rights, even if the change has an impact on your ability to use Digital Content.
e. Amendments. Travelxp reserves the right to make modifications to this Agreement at any time by publishing amended terms in conjunction with the Service or on your Video Marketplace. To the full degree allowed by statute, your continued use of the Service or Program following any modification would constitute your approval of such changes. However, any raise in the subscription rate would not occur until your subscription has been renewed.
f. Reservation of Rights; Waiver. The Service, Software and the Digital Content embody intellectual property that is protected by law. Copyright owners of Digital Content are intended third-party beneficiaries under the Agreement. Our failure to insist upon or enforce your strict compliance with the Agreement will not constitute a waiver of any of our rights.
g. Disputes/Binding Arbitration/Conditions of Use. Any dispute or claim arising from or relating to this Agreement or the Service is subject to the governing law, disclaimer of warranties and limitation of liability, binding arbitration and class action waiver (if applicable), and all other terms in the Travelxp Conditions of Use of your Video Marketplace. You agree to those terms by using the Service. YOU MAY ALSO BE ENTITLED TO CERTAIN CONSUMER PROTECTION RIGHTS UNDER THE LAWS OF YOUR LOCAL JURISDICTION.
h. Limitation of Liability. Without limiting the disclaimer of warranties and limitation of liability in the Travelxp Conditions of Use of your Video Marketplace: (i) in no event shall our or our software licensors' total liability to you for all damages arising out of or related to your use or inability to use the Software exceed the amount; and (ii) in no event shall our or our Digital Content providers' total liability to you for all damages arising from your use of the Service, the Digital Content, or information, materials or products included on or otherwise made available to you through the Service, exceed the amount you paid to us over the past 12 months to purchase, rent, or view the Digital Content related to your claim for damages. The limitations in this section will apply to you even if the remedies fail of their essential purpose.
CERTAIN JURISDICTIONS, INCLUDING JURISDICTIONS IN THE EUROPEAN UNION, DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
i. Contact Information. For communications concerning this Agreement, please write to Travelxp at the applicable notice address.
j. Severability. . If any term or condition of this Agreement is deemed invalid, void, or for any reason unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining term or condition.
