Everywhere TV on Tata Sky Mobile App With the Activation of Everywhere TV, Active Tata Sky Subscribers will be able to watch select Live TV channels, Catch Up TV videos and Video on Demand videos (“VoD”) on their iPhones and iPads. Everywhere TV can be accessed through the Tata Sky Mobile app. Definitions Everywhere TV: Everywhere TV is a part of the Tata Sky Mobile app on registered iPhone and iPad Device(s) that enables a Tata Sky Subscriber to (1) stream of Live TV channels (2) stream Catch Up TV videos and (3) stream/download videos from the Tata Sky VoD library. Everywhere TV is delivered to devices via OTT internet on internet connected devices. Tata Sky Mobile app: An app owned and distributed by Tata Sky free of cost on the iOS App store. iPhone: iPhone models from Apple inc. include 3GS, 4, 4s and 5 on OS versions 5.1 or higher. iPad: all iPad models from Apple inc. on OS versions 5.1 or higher. Device(s): registered iPhone’s and iPad’s as defined above. Streaming: playback of audio & video files in compressed form over the internet. Download: copy and storage of audio and video files via internet on the registered Device, which can later be played without internet during the validity period on such Device. Registration: a free of charge process that allows a subscriber to give a friendly name to a Device for easy identification. Activation: process of providing access to Everywhere TV charging the subscriber’s Tata Sky account with Everywhere TV Admin Fee. Everywhere TV Admin Fee: a non-refundable, non-adjustable, nominal fee charged per month/ per Device for access to Everywhere TV on Tata Sky Mobile app. This fee does not include data charges for streaming/ download. It also does not include the cost for VoD videos. Currently, no additional charge for Live TV and Catch Up TV content is being levied, however, Tata Sky reserves the right to charge for the same at a later stage. Everywhere TV activated device: a device on which activation has been completed. Entitlement: a check which determines if the subscriber has access to a TV channel as part of set top box subscription or as may be decided by Tata Sky, in its sole discretion, from time to time. VoD Library: a collection of free & chargeable videos in an encrypted form available for download on the set-top box and device for its validity period. Active Tata Sky Subscriber / Subscriber: means a Tata Sky Subscriber holding a positive account balance in his / her Tata Sky Subscription Account. mytatasky: means the Tata Sky website on which Subscriber can manage his Tata Sky Account by modifying his packs, ordering showcase movies, recharging his Tata Sky account, etc. Tata Sky Account: means the Tata Sky Subscription Account of an Active Tata Sky Subscriber. Data charges: the charges as per internet service provider/ broadband service provider incurred to stream/ download videos from the internet. User of Tata Sky’s Everywhere TV. This Document called as “Manual and Terms & Conditions For Everywhere TV on Tata Sky Mobile App” VPN: VPN client enables computers/devices to connect to a virtual private network wherein the client makes remote resources of another network available in a secure way as if the user was connected directly to that private network. Registration of Device for Everywhere TV Active Tata Sky Subscribers can register their Device(s) in the following steps: To register a device, download the Tata Sky Mobile app on the device and select the Everywhere TV section. Login with Registered Mobile Number (RMN) / Subscriber ID and password as onmytatasky. Only Active Tata Sky Subscribers can register Devices. Any number of Devices can be registered with Tata Sky for Everywhere TV, however, Everywhere TV, at a given time, can be activated on a maximum of 2 (Two) Devices of an Active Tata Sky Subscriber. If an Active Tata Sky Subscriber has Everywhere TV activated on either 1 (One) or no Devices, unlimited Devices can be registered with Tata Sky. However, if he / she has Everywhere TV activated on 2 (Two) Devices and wishes to register more devices, he / she will need to de-activate Everywhere TV on at least 1 (One) device to register more devices. Activation of Everywhere TV Only Active Tata Sky Subscribers can activate Everywhere TV. To activate a Device, Subscriber must: Complete registration Go to mytatasky or call the Tata Sky helpline Select the registered device on which to activate Everywhere TV Everywhere TV Admin fee will be charged to the Tata Sky Account for the selected Device Everywhere TV can be activated on a maximum of 2 Devices at any given point in time. Everywhere TV on Devices To access this section, the Subscriber needs to: Be an Active Tata Sky Subscriber, and Activate Everywhere TV on the device Everywhere TV is accessible for only those select channels to which the subscriber has Entitlement based on his / her subscription pack on the Tata Sky DTH Platform OR the channels for which Tata Sky has the right of distribution. The inclusion of the same on Everywhere TV shall be decided by Tata Sky at its sole discretion, based on the specific rights’ granted by the Broadcasters / Content Providers (Linear and Non-Linear) to Tata Sky in the Content therein and other relevant considerations. Tata Sky reserves the right to modify the line up / validity period for any Content available on Everywhere TV without prior notice. Tata Sky does not have any Intellectual Property Rights including copyrights to or own any of the content shown on the Everywhere TV. A minimum internet speed of 300kbps is required to access Everywhere TV. Subscriber can stream / download the Content, as applicable, using 3G, broadband over Wi-Fi, Wi-Fi broadband, EDGE. Data charges shall be as applicable by the mobile service/ internet service provider. Please check this with Your ISP/mobile service provider. Live TV streaming is permitted within the territorial boundaries of India only. As per directions from broadcasters/ content providers received by Tata Sky from time to time, certain specific programmes on Live TV channels may not be made available for viewing on the device. Tata Sky is bound by these directions and takes no responsibility for non-availability of these programs. In addition, to the afore-stated general guidelines and terms, applicable to access Live TV, Catch up TV and VoD, the following guidelines and terms are specific to the type of viewing: Live TV Select Live TV channels offered on the Tata Sky set top box will be made available for viewing on Devices. There might be a small time lag between the videos shown on the Live TV channels on set top box and on the Device. Live TV channels can only be streamed to the Device. Catch Up TV Catch Up TV enables subscribers to watch last 5 days episodes of select TV shows authorised by the broadcasters / content providers to Tata Sky. Catch Up TV is available for a select TV shows for a select list of TV channels. Catch Up can only be streamed to the Device. VoD Select videos from Tata Sky’s VoD library are available for viewing on Devices. Subscriber will need to pay the cost of the video in addition to Everywhere TV admin Fee to enjoy VoD videos. Cost of the selected video is charged only once to the Tata Sky Account. The video can then be accessed at no additional cost on all Tata Sky+ HD boxes connected to the internet and both Everywhere TV activated devices. To watch a VoD video on the Device, Subscriber can: Option 1: Go to mytatasky and select VoD for Everywhere TV section. A list of videos available for viewing on Everywhere TV activated Devices will be displayed based on certain pre-defined categories. On selection of a video, the video will get added to the download queue of all Tata Sky+ HD boxes that are connected to the internet and it will be listed in the available section on VoD on all Everywhere TV activated devices. Tata Sky account is charged for the VoD video on completion of the download on the Tata Sky+ HD boxes that is connected to the internet or on completion of download on the Everywhere TV activated Device, whichever is first. Validity period of the downloaded video will be determined on completion of the first download and will be applicable across all Tata Sky+ HD boxes that are connected to the internet and Everywhere TV activated devices of a Subscriber. Option 2: On 100% completion of download of VoD video on a Tata Sky+ HD box that is connected to the internet, the video will then be listed in the available section on VoD on all Everywhere TV activated Devices. This is subject to availability of the video for viewing on Devices. Tata Sky Account is charged for the VoD video on completion of the download on the Tata Sky+ HD box. Validity period of the video on Everywhere TV activated Devices will be the same as date of expiry on the set top box. VoD videos can be streamed or downloaded to the Device. Downloaded videos can be viewed in offline mode for a maximum of 48 hour even if the video is still within validity period. Post the 48-hour period, subscriber will need to connect the Everywhere TV activated device to the internet for a few minutes to continue viewing the video in offline/ online mode. On expiry of viewing rights, the VoD video will be auto-deleted from the Everywhere TV activated device. Downloaded videos can be viewed in India and abroad during its validity period. General Terms and conditions To de-activate Everywhere TV, the Subscriber will need to call the Tata Sky helpline only. Everywhere TV is not supported on jail broken devices. Tata Sky has taken all measures to control piracy on Everywhere TV. You are liable to use Everywhere TV for private and non-commercial use, in accordance with the Terms & Conditions hereof and take steps to prevent piracy (i.e., unauthorised transfer/recording/ duplication / projecting of content to any other device or using it Everywhere TV outside the territorial boundaries of India). Any Subscriber who has activated Everywhere TV on his / her registered Device, if found indulging in piracy or using Virtual Private Network (“VPN”) to access the same, will be liable for blacklisting and deactivation of its Tata Sky Account and Tata Sky and its Content Providers shall have the sole right in this regard. Tata Sky reserves the right to modify Everywhere TV admin fee without any prior notice. Tata Sky bears no assurance or responsibility on the quality of streaming on the device. The streaming experience is based solely on the available bandwidth from Your internet service provider. Tata Sky bears no responsibility of the malfunction/ poor performance of Everywhere TV or Tata Sky Mobile app on the subscriber’s device. Tata Sky reserves the right, at anytime without prior notice, to add or vary all or any of the terms and conditions contained herein. Everywhere TV is non transferable to another device from the Devices it is activated for and any attempt or action to do the same would be treated as unauthorised and shall amount to piracy. Tata Sky will not be liable for any loss, damage or cancellation of Everywhere TV caused by force majeure events beyond its reasonable control including war, natural calamities, floods, failure of telecommunication network, etc and / or in respect of any claim pertaining to the exhaustiveness of this MTC. In case of loss / theft / replacement or any other issues with the Device, You must immediately inform Tata Sky and put the request to de-register and / or de-activate EWTV from such Device. In case of failure to do so, You would be solely liable for violation of the Terms & Conditions and / or the infringement of the rights or licenses granted herein. You consent to comply with these terms and conditions and waive any right to claim ambiguity in these terms and conditions and release, indemnify and hold harmless Tata Sky and its respective affiliates, advertising and promotion agencies, and its respective agents, representatives, officers, directors, shareholders and employees from and against any injuries, losses, damages, claims, actions, or any liability of any kind resulting from or arising from activating Everywhere TV. This MTC is in addition to the Terms & Conditions contained in the existing Subscription Agreement of Tata Sky Account for availing DTH services through the Set Top Box and applicable laws, rules and regulations. Limitation of Liability: Under no circumstances and under no legal theory, whether in tort, contract, or otherwise, shall Tata Sky be liable to You or to any other person or entity for any indirect, special, incidental, remote or consequential damages of any character whatsoever (including, without limitation, damages for loss of profits, loss of goodwill, loss of confidential or other information, for business interruption, work stoppage, Device failure or malfunction, for personal injury, loss of privacy, for failure to meet any duty including a duty of good faith or of reasonable care, for negligence (whether active or passive), and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use or inability to use the application, loss of data or otherwise under or in connection with any provision of this MTC, even in the event of fault, tort (including negligence, and gross negligence), strict liability, breach of contract, or breach of warranty by Tata Sky, and even if Tata Sky has been advised of the possibility of such damages. In no event will Tata Sky be liable for any damages in excess of the EWTV Admin Fee Tata Sky charges to You for offering the EWTV. Confidentiality: You agree that any information and documentation provided to You in respect of provision of EWTV is Confidential Information of Tata Sky. You shall retain all Confidential Information in strict confidence and with the same amount of diligence that you exercise in preserving the secrecy of your most-valuable information, but in no event less than reasonable diligence. Assignment: This MTC is personal to You and You may not assign, transfer, sub-contract or otherwise part with this MTC or any right or obligation under it without Tata Sky’s prior written consent. Governing Law & Jurisdiction: This MTC shall be governed by and construed in accordance with the laws of India. The Courts of Mumbai shall have exclusive jurisdiction over all disputes arising in connection with this MTC. Severability: If any provision of this MTC is held to be unenforceable, the enforceability of the remaining provisions shall in no way be treated as affected or impaired thereby.
Posted on: Tue, 12 Nov 2013 18:07:51 +0000
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