1. Who are we?
16. Your password
1. Who are we?
We are Alchimie S.A.S. (a company registered in France under company number 420919904, with its address at 43 avenue Victor Hugo, 93300 Aubervilliers) and that's who we mean when we refer to "we", "us" or "our" in these "terms and conditions". We are an online content service provider operating internationally and we offer you access to live television channel streams, catch up and on-demand content using either web-browser or application software, known as "TVPlayer".
2. These terms and conditions
By browsing www.tvplayer.com/us (our "website"), accessing, signing up to or otherwise using TVPlayer (which we just refer to as "using"), you agree to be bound by these terms and conditions which form a legal "agreement" between us and you, the user of our website or any service we provide (including TVPlayer) ("you"), on the date which you start using it - so please take time to read and understand them. If you do not agree to be bound by these terms and conditions, you should not use our website or TVPlayer (as applicable).
3. What is TVPlayer?
TVPlayer offer two versions: TVPlayer Basic (free of charge) and TVPlayer Premium (with paying subscription), a platform for the distribution of audio-visual services on the Internet (OTT), accompanied by various functionalities.
You will find a list of TVPlayer channels and features on the TVPlayer home page.
4. How much does TVPlayer cost and how is payment collected?
There is no cost to access TVPlayer Basic.
The fee payable by you for TVPlayer Premium (each a "TVPlayer service") is as set out on our website, as we update it from time to time and whether you choose to pay for a monthly or annual subscription.
Our prices include VAT and any other applicable sales tax.
You will find the details of your current subscription including the available channels, together with your current subscription fee and the end date of any potential free trial period, by visiting our website and logging in to your 'Account' section.
5. How is payment for a TVPlayer service collected and when can you access it?
How it works
Unless we tell you otherwise as part of the sign up process
Availability and premium access
Provided you are otherwise acting in accordance with these terms and conditions
|Monthly subscription fee||A subscription fee payable for the month you sign up and then each month after that until you cancel||
You will continue to have access to TVPlayer Premium month after month, provided you have paid the subscription fee in advance for that month
|Annual subscription fee||A subscription fee is payable when you sign up and then each year after that until you cancel||
You will continue to have access to TVPlayer Premium year after year, provided you have paid the subscription fee in advance for that year
At the first use of the TVPlayer premium service, you are invited to subscribe to the Service. To do so, you must first enter a payment method that can be used on your terminal:
- either by having a mobile telephone or Internet access (ISP) offer that allows payment for third-party services on the mobile operator's or ISP's bill;
- or by having configured a payment card in their Google Play Store or Apple App Store User account;
- or by providing a payment card;
- or by entering information from a Paypal account.
Your payment card will usually be debited on the day you sign up, unless we tell you otherwise (for example, if you sign up to TVPlayer Premium as part of a free trial offer, payment is usually taken at the end of the free trial period) and you will get access to your TVPlayer service straight away. Where you subscribe to TVPlayer Premium as part of a free trial offer, a payment will be authorised by your bank (which may be done by the payment and refund of a small verification fee). You should be aware that this may affect your available balance or credit limit.
When you sign up to any TVPlayer service via the website, the fee(s) will be processed by our third party payment provider. For monthly subscription fees, this will usually on the same date each month but sometimes this may vary. For payments via apps, please check the terms of the relevant payment service provider.
If the relevant payment service provider is unable to process payment, you won’t be able to use/access the part of the TVPlayer service(s) to which the failed payment relates, although when you sign up via the website an account may still be created and any free parts of TVPlayer will be accessible.
6. Changes to our prices for TVPlayer services
We may increase our fees at any time. When we do so, we will let you know by contacting you as set out in Article 10 : How will we contact you? or by updating the relevant pages of the website. For any material change in any subscription fee, we will aim to give you at least thirty days' notice. Reasons for increasing the subscription fee may include adding more subscription content or other costs associated with providing TVPlayer Premium. As we provide these services to you on an ongoing basis*-, then there may be other reasons to increase the subscription fees which we can't yet foresee. Any increase in the subscription fee will not apply to the current period (i.e. month or year) of your subscription. If you do not agree to a fee increase, you can cancel your subscription before your next applicable period is due to start – details of how to do this are set out in article 8: Cancelling your subscription to TVPlayer Premium.
We use our best efforts to ensure that the price we tell you is correct. Where, in spite of this, prices are obviously displayed in error, or you could reasonably be expected to know such prices are mis-priced, we reserve the right to refuse or cancel your subscription provided that we refund any mis-priced sums paid by you.
If we offer any promotions or special offers at any time, there may be certain special terms and conditions that apply to that promotion or special offer, and if so we will display those special terms and conditions alongside the details of the promotion or special offer. These terms and conditions will continue to apply to the promotion or special offer, in addition to the special terms (if any).
7. Free trial periods
Your subscription to TVPlayer Premium may start with a free trial. The free trial period is usually one week or as otherwise specified during sign up.
We may limit eligibility to prevent free trial abuse and eligibility for any free trial period is determined by us in our sole discretion. The free trial period may be ended, to commence the full subscription, at any time.
We will charge your payment method for your monthly or annual membership fee at the end of the free trial period unless you cancel your membership prior to the end of the free trial period. To view your current subscription fee and the end date of any free trial period:• If you subscribed via the website - visit our website and log into your 'Account' section.
• If you subscribed via an app store or in app purchase - visit the relevant App store’s Account or Subscriptions section.
8. Cancelling your TVPlayer services
There is no long term commitment to any TVPlayer service. You can cancel at any time as set out below.
Sign up method for TVPlayer services :
Where to go to cancel?
|Website||Visit the “account” section on our website|
|App (Apple, Amazon, Android )||
Visit the relevant app store’s account or subscription section and follow the cancellation instruction. NB : Some app stores may require you to unsubscribe or cancel at least 24 hours ahead of the continuation date.
When you can cancel:
|Monthly subscription||Annual subscription|
|At any time before your next month is due to start. You will still have access to TVPlayer Premium for the duration of that month but the agreement between you and us in respect of the cancelled TVPlayer service will not automatically continue the following month||
At any time before the end of the then current year. You will still have access to TVPlayer Premium for the duration of that year but the agreement between you and us in respect of the cancelled TVPlayer service will not automatically continue the following year
9. Changes to TVPlayer and these terms and conditions
By its nature, the content on TVPlayer will change regularly – at any given time we may add new channels and programmes and others may be removed. Hopefully these will be changes to your liking but we can't promise this will always be the case for everyone. Keep checking the website for details of what's available.
From time to time, we may change the way by which we provide access to TVPlayer and this might mean that we need to make changes to these terms and conditions. It won't always be practical to give you advance notice of this, so you should check the website regularly as we will post any updates to these terms and conditions on the website and those updates will be considered as accepted for as long as you continue to use TVPlayer or our website.
For subscribers to TVPlayer Premium, we won't make changes that materially disadvantage you during the month or year (as applicable) for which you have already paid a subscription fee unless it is beyond our control, for example on the instruction of our content providers, legal or regulatory reasons.
As we provide the TVPlayer services to you on an ongoing basis, there may be other reasons to change the service or these terms and conditions we can't yet foresee. You acknowledge that we are bound by certain terms and conditions issued by our content providers in connection with our distribution of all TVPlayer services and they may be amended from time to time – this might mean we have to modify the service we provide to you. We may also be unable to make certain content available via TVPlayer Premium on certain devices or with certain functionality. We will notify you of any material changes in our ability to provide your access to TVPlayer services or any material changes to our terms and conditions. We aim to give you at least thirty days' notice using the method set out in article 10: How will we contact you? If you do not agree with the changes we have made, you can cancel your subscription as described above in Cancelling your subscription to TVPlayer Premium. Your continued use of TVPlayer Premium after we have given you notice of such changes will be taken as your acceptance of the changes made.
10. How will we contact you?
If we need to contact you, we will usually do this electronically, using the email address you provided at sign up or via the website. We will send emails where we need to notify you of changes to TVPlayer so please make sure you have provided accurate contact details and let us know if your email address changes. We can also contact you by displaying a pop up page on the website or on the relevant application.
11. How do you contact us if something is wrong?
TVPlayer and our website is provided to you "as is" and we don't make any assurances that either of them will be provided uninterrupted, secure or error free – as such we don't provide any technical support in respect of TVPlayer. However, you will find information and answers to common questions here which we hope is useful.
If the fault relates to the device, connectivity, or platform outside of our control, please contact your relevant service provider. We will provide a refund of all or part of your subscription fee for the relevant amount where we detect a fault that is within our control.
12. Who can sign up for TVPlayer and how do you do it?
You must be at least thirteen years of age to use our website or access TVPlayer. If you are under sixteen, you must ask your parent or a guardian before you:
• email the website, or ask us to email anything to you; or
• send any information to us.
You must be eighteen years of age or over to subscribe to TVPlayer Premium.
Simply go to our website or download our TVPlayer app via any of our supported devices and follow the on screen prompts. Please read the rest of these terms and conditions before you sign up.
13. Your use of TVPlayer and its content
If you subscribe to any TVPlayer service, you are only authorised to access the content and services for which you have paid the appropriate fee. We grant you a limited, non-exclusive, non-sublicensable, non-transferable license to access and use in the United States such software, content, virtual item or other material for your personal, noncommercial use only, only for as long as that TVPlayer Service is made available to you by us, or an authorized third party, and only in accordance with this Agreement and/or the specific terms that apply to that TVPlayer Service.
You acknowledge that all the content we provide you with access to, whether on TVPlayer (including any TVPlayer service), the website or any app, and including television programmes, advertising, our brand or the brands of our content providers (the "content") is owned by or licensed to us and your rights to such content shall be limited to accessing such content, on a streaming only basis, for personal, non-commercial, use and in accordance with these terms and conditions.
Examples of things you do not have permission to do (or do not have permission to allow any other person to use your access to TVPlayer to do) include:
A. showing any of the content in public, regardless of whether you charge an audience to watch it;
B. accessing TVPlayer and/or the content for any unlawful or improper purpose;
C. altering, disassembling, decompiling or reverse engineering any part of TVPlayer; and
D. copying, renting, selling, reproducing, broadcasting or otherwise transmitting or making available to the public TVPlayer and/or the content (or any part of it), except where you are legally entitled to do so.
14. What do you need to access TVPlayer?
You are responsible for ensuring that you have and maintain all the hardware and software necessary to access TVPlayer via your chosen method of delivery. You will need also access to the internet via a broadband connection or a 3G or 4G mobile network to stream the content. We recommend a minimum of 1 Mbps to stream content via broadband and remind you that your streaming rates depend on the network load in the home and the number of users using the broadband connection at the same time. For streaming the content via a 3G or 4G mobile network, you will need a connection speed of at least 1 Mbps and this may increase to around 2.5 Mbps depending on the type of content you are accessing and the device you are using.
You will be responsible for the payment of all charges from your broadband and/or mobile network provider(s). You are reminded that streaming audio-visual content can use up a lot of data so you will need to check that your data allowance is adequate for your use of TVPlayer via a mobile network.
You acknowledge that the display of the content may vary between the free TVPlayer and TVPlayer Premium. Also, the streaming software used to deliver the content may require third party software and that may be subject to third party licenses.
TVPlayer uses multiple caching and data delivery technologies for the purpose of facilitating media distribution and enhancing media performance for end users. By using the Service, you hereby grant TVPlayer the right to allow the TVPlayer Service to make use of the processing capabilities, memory and bandwidth on your computer or other relevant device for the limited purpose of facilitating the transmission of content and other data or features to you and other users of the site, and to facilitate the operation of the network on which the TVPlayer Service runs. You are solely responsible for any telecommunication or other connectivity charges incurred through the use of the TVPlayer. If your use of TVPlayer is dependent upon the use of a processor and bandwidth owned or controlled by a third party, you acknowledge and agree that your license to use the TVPlayer is subject to you obtaining consent from the relevant third party for such use. You represent and warrant that by accepting these Terms, you have obtained such consent.
15. On which devices can you access TVPlayer?
A full list of devices (meaning those devices through which you access TVPlayer) can be found on the home page of the TVPlayer website. We continually review the technology used to deliver TVPlayer and the content and this may mean that we stop supporting certain devices and/or operating systems. It is your responsibility to ensure that you have a compatible device required to access TVPlayer.
Similarly, device manufacturers make updates to their devices which may not always be compatible with TVPlayer. This is something which we have no control over. For security reasons, for example where certain device operating systems have been removed or tampered with or a platform requires device limitation for security reasons outside of our control, it is possible that certain content may not be accessible. This is for the protection of our licensors.
You can register up to one compatible device at a time on your account).
TVPlayer Basic users are limited to only one stream of content, per account, at any one time and TVPlayer Premium users are limited to two streams per account at any one time.
16. Your password
You are responsible for keeping your subscription password secure and confidential. You may reset your password at any time by clicking on the ‘Forgotten password’ link via the login section of the website or app. Should you become aware that another person knows your password you should notify us and change it immediately. Remember, your use of TVPlayer is personal to you.
17. Closing your account
If you would like to close your TVPlayer account and permanently delete your information, please email us at firstname.lastname@example.org.
18. How may my access to TVPlayer service be ended?
We can end your access to any TVPlayer service immediately at any time, on notice and without refunding the applicable fee (e.g. current month's subscription fee) if:
B. any subscription fee (or part of it) is still unpaid for more than three days following our notice to you. We may suspend your access to TVPlayer Premium during the period where the subscription fee is unpaid or fails until such time as the subscription fee is paid.
We can also end your access to a TVPlayer service immediately at any time, giving you as much notice as possible if we’re forced to do so for technical or operational reasons beyond our control.
In the event of payment of a subscription directly to TVPlayer, you expressly acknowledge and agree that the supply of the TVPlayer subscription begins after the validation of your subscription is before the end of the legal delay and agree that as a consequence of not benefiting from the right of withdrawal related to online or distance selling. Consequently, no request for withdrawal, cancellation or refund will be admissible for the period subscribed to.
20. Acceptable Uses and Prohibited Uses
You may use our site only for lawful purposes. You may not use our site:
• In any way that breaches any applicable local, national or international law or regulation.
• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
• For the purpose of harming or attempting to harm minors in any way.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (see Content Standards heading below).
• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
• Not to access without authority, interfere with, damage or disrupt:
• any part of our site;
• any equipment or network on which our site is stored;;
• any software used in the provision of our site; or
• any equipment or network or software owned or used by any third party.
21. Intellectual property
The TVPlayer content, including, but not limited to, movies, television shows, entertainment or informational programming, trailers, bonus material, scripts, code, images and artwork, are our copyrighted, patented or trademarked property or the copyrighted, patented or trademarked property of our licensors and all copyrights, trademarks, service marks, trade names, trade dress, patents and other intellectual property rights in the TVPlayer products are owned by us or our licensors (who may be third-party beneficiaries of this contract) and protected by the copyright, trademark, patent and other laws of the United States and international treaties.
Except as expressly licensed, we do not allow uses of the TVPlayer products, or other TVPlayer intellectual property, that are commercial or business-related, including used in marketing or branding, or that advertise or offer to sell or promote products or services (whether or not for profit), or that solicit others (including solicitations for contributions or donations).
22. Suspension & Termination
We will determine, in our discretion, whether there has been a breach of this acceptable uses. Failure to comply with this acceptable uses constitutes a material breach of our Terms of Website Use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:
• Immediate, temporary or permanent withdrawal of your right to use our site.
• Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
• Issue of a warning to you.
• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
• Further legal action against you.
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
23. Your indemnity to us
You agree to indemnify us our agents and our associated companies, as well as our partners, licensors and suppliers, from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of any claims brought by third parties arising from a breach of these terms and conditions.
24. Our liability to you
Nothing in these terms and conditions excludes our liability to you for:A. death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
B. fraud or fraudulent misrepresentation;
C. any other liability which it would be unlawful of us to restrict or exclude; or
D. your legal rights in relation to the provision of any subscription to TVPlayer Premium.
TVPlayer may contain links to other independent websites which are not provided by us. You acknowledge that these other websites are independent from us and we make no representations or warranties as to the legitimacy, accuracy or quality of such websites, and we do not accept any responsibility for their content, safety, practices or privacy policies. We make no guarantee that our website, TVPlayer or its content will be provided uninterrupted or error free. We reserve the right to change suspend or withdraw the whole or any part of the website or the free version of TVPlayer at any time without notice and without incurring any liability to you. If we fail to comply with these terms and conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breaching these terms and conditions, but we are not responsible for any loss or damage that is not foreseeable.
If digital content that we have supplied to you damages a device or digital content belonging to you, and this is caused by our failure to use reasonable care and skill, we will either fix your device or reimburse you. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system and/or operating requirements advised by us. TVPlayer is provided for general information and entertainment purposes only. It does not offer information or advice on which you may rely. Although we make reasonable efforts to update the information provided via the subscription, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date. TVPlayer is for domestic and private use. If you use TVPlayer for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We do not guarantee that TVPlayer Premium will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access TVPlayer Premium and should use your own virus protection software. If our performance of these terms and conditions is prevented or delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of occurrence. Provided we do this we will not be liable for prevention or delays caused by the event but, if there is a risk of substantial prevention or delay and you have purchased a TVPlayer service which you have not received, you may contact us to end our agreement with you and receive a refund.
25. Binding, arbitration and class action waiver
Neither you nor us will seek to have a dispute heard as a class action or private attorney general action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitrations or proceedings. In the event of a dispute, you or us must send to the other party a notice of dispute, which is a written statement that sets forth the name, address, and contact information of the party giving the notice, the facts giving rise to the dispute, and the relief requested. Before commencing any proceedings, you and TVPlayer will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent.If you and us do not resolve a dispute by informal negotiation or in small claims court, the dispute shall be resolved by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. You are giving up the right to litigate a dispute in court before a judge or jury. The party initiating the arbitration is responsible for paying the filing fee.
26. Other important legal information
If any part of these terms and conditions are found unlawful or unenforceable, they will be treated as deleted. However, this will only apply to those specific terms and the rest of these terms and conditions will continue to apply to you.
This agreement between you and us is personal to you and no third party is entitled to benefit from it.
We are free to transfer our rights and obligations under these terms and conditions to any company or person. You must not transfer any of your rights or obligations to anyone else. These terms and conditions are governed by State of New York law and any legal proceedings must be brought in the New York courts.