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IMPORTANT LEGAL NOTICE

ATTENTION: This website, www.volta.ie (the “Website”) is owned and operated by Sorrento TV Limited (the “Company”, “we”, “us” and “our”), a company incorporated under the laws of Ireland with an address of 21 Mespil Road, Dublin 2. This legal notice (the “Terms”) applies to the entire contents of the Website and to any correspondence by e-mail between us and you. Please read these Terms carefully before using the Website. Using the Website indicates that you have read, understood and accept and agree to be bound by these Terms regardless of whether or not you choose to register with us. If you do not accept these Terms, you should not use the Website.

  1. Introduction

    1. 1. You may access most areas of the Website without registering your details with us. By accessing any part of the Website, you shall be deemed to have read, understood and accepted the Terms in full. Certain areas of the Website are only open to you if you register. If you proceed to register to join the Website to avail of the Services, you will be asked to tick a box to signify that you have read, understood and accepted the Terms. If you do not accept the Terms in full, you must leave the Website immediately.

    2. 2. The Company may revise this legal notice at any time by updating this posting. You should check the Website from time to time to review the then current Terms. Certain provisions of the Terms may be superseded by expressly designated legal notices or terms located on particular pages at the Website.

  2. 2. Description of the Services

    1. 1. We are providing a video on-demand service offering digitised versions of live action and animated feature films and shorts, documentaries and television dramas (“titles”) and other services (the “Services”) in accordance with the Terms contained herein. The Services allows you to access and view these titles in two different ways: (i) by temporarily streaming a copy of the title, or (ii) by temporarily or permanently downloading a copy of the title at the charges provided for on the Website.

  3. 3. Licence

    1. 1. Upon payment of the applicable charges, the Company grants you a non-exclusive, non-transferable, limited right and license to either stream or download, and to view, use and privately display the titles rented or purchased by you in accordance with the Terms on devices (e.g. a laptop, or desktop computer) (the “Authorised Device”) (the “Licence”). In addition, you are permitted to print and download extracts from the Website for your own personal and non-commercial use on the following basis:

      1. 1.1. no documents or related graphics on the Website are modified in any way;

      2. 1.2. no graphics on the Website are used separately from the corresponding text; and

      3. 1.3. the Company’s copyright and trade mark notices and this permission notice appear in all copies.

    2. 2. The Company may automatically prevent you from accessing any title that you have rented that is beyond its limited licence term and you hereby consent to this restriction. You may not copy or move any titles from any location where it is stored on your Authorised Device.

    3. 3. Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by the Company or its licensors. For the purposes of the Terms, any use of extracts from the Website other than in accordance with clause for any purpose is prohibited. If you breach any of the provisions of the Terms, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.

    4. 4. Subject to clause, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company’s prior written permission.

    5. 5. The Company grants you the Licence for the limited purpose of personal use and not for any commercial purpose whatsoever. No business entity (including, but not limited to, a corporation, partnership, sole proprietorship) is licensed to use, or otherwise purchase the Services from, this Website. You hereby agree not to use the Website, the Services or any element or portion thereof for any commercial purpose whatsoever.

    6. 6. You warrant that you will not infringe any third party’s intellectual property rights while availing of the Service and/or by using the Website and you will indemnify, keep indemnified, and hold the Company harmless against any and all damages, liabilities, interest, demands, expenses, costs (including all legal costs) and/or claims howsoever caused or howsoever arising from your breach of this warranty.

    7. 7. Any rights not expressly granted in these Terms are reserved and you may not transfer, copy or display the titles, except as permitted in accordance with the Terms. In addition you may not:

      1. 7.1. sell, rent, lease, broadcast, sublicense or otherwise assign any right to the titles to any third party; or

      2. 7.2. attempt to disable, bypass, modify, defeat or otherwise circumvent any digital rights management system used as part of the Services.

  4. 4. Conditions of Access to the Services

    1. 1. You may only access the Services if you reside in the Republic of Ireland. Our Services are using geo-blocking software to prevent you from accessing the Services from outside of Ireland and this is necessary to enable the Company to comply with the terms of its broadcast and content licences. You agree not to attempt to access, and/or not to attempt to circumvent the geo-blocking software to access, the Services from anywhere outside of Ireland.

    2. 2. You must be at least 18 years old to use the Services. If you’re under 18 years old, please ensure that you have obtained a parent’s or guardian’s permission prior to using the Services.

    3. 3. To benefit from the Services, you must create a user account by completing an on-line registration form available on the Website homepage, with accurate and complete information. As part of this on-line registration you must submit a username and password and you will hold and secure such username and password as strictly confidential. Accordingly, you will not allow anyone access to or use such username and password and you will not post the username and password on any website nor transmit it through unsecured sites. The Company shall not be responsible whatsoever in the event that your password is misappropriated by a third party.

    4. 4. Once you complete the on-line registration form, we shall send you an email, to the email address indicated in your on-line registration form, confirming the creation of your account.

    5. 5. The Company reserves the right to refuse any requests for registration to the Services at its absolute discretion including, without limitation, if such registration contains incomplete, erroneous, inaccurate or fabricated information.

    6. 6. All information allowing you to log on and use the Services is personal and confidential and you are solely responsible for maintaining the security of your account. Moreover, you acknowledge that any connection or transmission of data made with or from your account will be assumed to have been made by you.

    7. 7. If you become aware that your username and password have been lost or stolen you must contact the Company’s customer service desk (identified in section of the Terms) as quickly as possible in order to proceed to the immediate cancellation of your account. In this case, the Company will send new identification details to the you.

    8. 8. You are fully accountable for all usage of your account. In the event that your username and password are misused or used by an unauthorised party, you will be held liable until you contact the Company’s customer service desk in accordance with the aforementioned terms.

  5. 5. Technical Requirements for Access to the Services

    1. 1. The technical requirements for accessing this Website and the Services are available at the technical information section of the Website.

    2. 2. While the Company endeavours to ensure that the Website is normally available 24 hours a day, the Company shall not be liable if for any reason the Website is unavailable at any time or for any period. Access to the Website may be suspended temporarily and without notice including, without limitation, in the case of system failure, maintenance or repair or for reasons beyond the Company’s control.

  6. 6. Terms relating to the rental/purchase of titles

    1. 1. Most of the content on this Website is available only on a paid basis (i.e. you must pay to see the titles). There are a number of ways in which you can pay to watch the titles. You may (i) temporarily stream a copy of a title or temporarily download a copy of the title to your Authorised Device (“Rent” or “Renting”) or (ii) permanently download a copy of a title to your Authorised Device (“Purchase” or “Purchasing”).

    2. 2. You must submit an order each time you wish to Rent or Purchase a title from the Company, in accordance with the Terms including without limitation section herein. Once your order has been validated and registered by the Company server, we will send out a confirmation email summarising your order. We recommend that you print this confirmation email as proof of your order (which will include your order number). Once we have confirmed your order you will be permitted to stream or download the titles in accordance with your order. The Company reserves the right to refuse any order to Rent or Purchase a title at its absolute discretion.

    3. 3. Should you have any problems with streaming or downloading a title please contact the Company’s customer service desk as indicated in section of the Terms and our customer service team will work with you to try to solve your problem.

    4. 4. Renting a title

      1. 4.1. Once you pay for the Services you will be given thirty (30) days to stream or download the title.

      2. 4.2. If you Rent a title by the method of streaming you are permitted to watch this title for a period of forty eight (48) hours from when the streaming process begins without a limitation on how many times this title may be viewed during this time frame.

      3. 4.3. If you Rent a title by downloading it to your Authorised Device you are permitted to watch this title for a period of forty eight (48) hours from the time the title has been downloaded.

    5. 5. Purchasing a title

If you elect to Purchase a title you may download it to your Authorised Device indefinitely, however, you may only view this title on the Authorised Device.

  1. 7. Charges

    1. 1. The prices for Renting and Purchasing the titles are displayed on the Website. All prices are listed in Euros and include all applicable taxes.

    2. 2. The Company reserves the right to change the prices for Renting and Purchasing titles at any time at its absolute discretion for whatsoever reason. You will be charged for the title based on the price provided at the time that you submit your order.

    3. 3. Payment for the titles can be made via credit card or debit card, Paypal or by availing of the “CinePass” option on the Website.

    4. 4. In addition to the charges referred to above, you are responsible for all charges associated with connecting to the Website, including without limitation all telephone access lines, telephone and computer equipment and any service fees necessary to access the Services.

  2. 8. Visitor material and conduct

    1. 1. Other than personally identifiable information, which is covered under our Privacy Statement, any material you transmit or post to the Website shall be considered non-confidential and non-proprietary. You may post title reviews or suggestions onto the Website and by doing so you automatically grant the Company a royalty-free, perpetual, irrevocable, non-exclusive, transferable right and licence to use, reproduce, modify, publish, edit, translate and otherwise exploit such material in any form, technology or media without any obligation to you, whether by way of compensation, attribution or otherwise. You hereby warrant that you have the full and unrestricted right to grant the aforementioned rights to the Company with regard to your posted material and that the Company’s use of your posted material will not infringe upon any third party’s intellectual property rights. You will indemnify, keep indemnified, and hold the Company harmless against any and all damages, liabilities, interest, demands, expenses, costs (including all legal costs) and/or claims howsoever caused, made by you or by a third party against the Company, arising out of or in connection with your posted material.

    2. 2. You are prohibited from posting or transmitting to or from the Website any material:

      1. that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or

      2. 2.2. which constitutes advertisement or promotion of goods or services provided by you or any third party, including, but not limited to, the posting of links to third party websites; or

      3. 2.3. for which you have not obtained all necessary licences and/or approvals; or

      4. 2.4. which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or

      5. 2.5. which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data)

    3. 3. You may not misuse the Website (including, without limitation, by hacking). In addition, we advise that you never reveal via the Website, any personal information about yourself or anyone else. You are entirely responsible for maintaining the confidentiality of your details when using the Services.

    4. 4. The Company reserves the right to restrict or suspend or close your account without notice and without liability to you or any third party if you are in breach of clause 8.2 or clause 8.3.

    5. 5. The Company shall fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of clause or clause .

  3. 9. Intellectual Property

    1. 1. All intellectual property rights in this Website and to all material or content (including, without limitation, the titles and all names, images and logos identifying the Company) made available by the Company via the Services and on the Website (excluding any content posted by users of the website) (the “Company Materials”)shall remain at all times the property of the Company or its licensors. Unless expressly permitted elsewhere in the Terms or on the Website, you are expressly prohibited from copying, distributing, publishing, modifying, downloading or otherwise exploiting the Company Materials in whole or in part.

    2. 2. Nothing contained in these Terms or the Website shall be construed as conferring by implication any right or licence to use any trade mark, patent, design right or copyright of the Company or of any third party.

    3. 3. The titles that you Rent or Purchase from the Company are controlled by a technical system known as Digital Rights Management (“DRM”). DRM is a system whereby digital files are protected and their usage controlled. The purpose of DRM is to offer a client maximum flexibility in the usage of the downloaded recordings while protecting the copy rights of these titles.

    4. 4. You agree not to tamper with or attempt to alter the control technique of the titles necessary for the provision of the Services, nor to encourage any third party to do so.

    5. 5. The authorisation to use the Services, provided to you in exchange for payment of the applicable charges, does not give you any right of ownership as these rights are reserved to the creators of these titles. It is expressly forbidden for you to copy, reproduce, translate, edit modify and/or create any element derived from anything relating to the Services, whether in whole or in part.

  4. 10. Links to and from other websites

    1. 1. Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. The Company has not reviewed all of these third party websites and does not control and is not responsible for any of these websites or their content or availability. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.

  5. 11. Cancelling your order

To the maximum extent permitted by applicable law, once you have Rented or Purchased the titles you may not cancel or seek any refund of the charges.

  1. 12. Disclaimer

    1. 1. The Company offers the Website for entertainment and information purposes only. While the Company endeavours to ensure that the information on the Website is correct, the Company does not warrant the accuracy and completeness of the material on the Website. The Company may make changes to the material on the Website, to the Services or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and the Company makes no commitment to update such material.

    2. 2. The material on the Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with the Website on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of [merchantable quality, fitness for purpose and the use of reasonable care and skill]) which, but for this legal notice, might have effect in relation to the Website.

    3. 3. >We do not guarantee that all titles will be available at all times on the Website and we are not liable for any malfunctioning and/or interruption of service howsoever caused or howsoever arising.

    4. 4. The Company does not warrant, or have control over, the legality, quality or integrity of the content of the titles as provided for Rent or Purchase under the Services.

    5. 5. The Company reserves the right to change or withdraw any of the titles at any time at its absolute discretion for whatsoever reason without liability to you or any third party.

    6. 6. The views expressed in any content or material which is uploaded by you or by other users of the Website do not reflect the Company’s views.

    7. 7. The Company reserves the right to restrict or suspend or close your account without notice in the following cases.

      1. 7.1. if you infringe upon a third party’s intellectual property rights; or

      2. 7.2. if you are in breach of any of the Terms.

  2. 13. Liability

    1. 1.The Company, any other party (whether or not involved in creating, producing, maintaining or delivering the Website and the Services), and any of the Company’s group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability, to the maximum extent permitted by law, and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website or the Services in any way or in connection with the use, inability to use or the results of use of the Website or the Services, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or the Services or your downloading of any material from the Website or any websites linked to the Website.

    2. 2. Without prejudice to section , our maximum aggregate liability to you for any losses you suffer shall not exceed the price paid by you for the Services in the month giving rise to the claim.

    3. 3. Nothing in this legal notice shall exclude or limit the Company’s liability for:

      1. 3.1. death or personal injury caused by negligence; or

      2. 3.2. fraud; or

      3. 3.3. any liability which cannot be excluded or limited under applicable law.

      4. 3.4. If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.