Platform Terms of Use
Last updated: 11 October 2024
1 Welcome to COMO TV
1.1 Welcome to the COMO TV platform, accessible through the COMO TV mobile application ("COMO TV”), and various accesses, media, devices and other platforms, whether already or will be available at a later date (hereinafter alone or collectively referred to as the “Platform”).
1.2 The Platform is operated by Sent Entertainment Italy Srl (“we”, “us”, “our”), a company established under the laws of Italy, domiciled in Via Alessandro Volta n.70-22100 Como, with registered offices in Como, Via Alessandro Volta 70, which in this case is the owner, operator and organizer of the Platform.
1.3 Access to and use of our Platform is subject to the terms and conditions set out in this document ("Terms of Use"), as well as our Privacy Policy. Where you subscribe to the Platform via COMO TV Mobile Apps, you acknowledge that the relevant COMO TV Mobile App store provider’s terms shall also apply to your use of our Platform via the relevant COMO TV Mobile App, and, in particular, those terms shall govern your subscription term and right of cancellation.
1.4 To access our Platform you shall explicitly agree to our Terms of Use. If you have any questions about them, please contact us using the contact details at the end of these Terms of Use.
2 Our Terms of Use
2.1 Please ensure that you have read and understood our Terms of Use and our Privacy Policy. We recommend that you save and/or print a copy for future reference.
2.2 From time to time, we may vary our Terms of Use, as specified in detail in the clause 14.1 of these terms of Use. The revised Terms of Use will be available on our Platform. These Terms of Use were last updated on the date stated at the top of this page.
3 Accuracy and Availability of Our Platform And Changes Of Our Platform
3.1 The Platform has the quality, functionality, compatibility, interoperability, accessibility, continuity, security and performance features described in our Terms of Use, and is fit for the purposes for which digital services of the same type would normally be used. We will ensure that you are informed of and provided with updates, including security updates, that are necessary to keep the Platform in conformity throughout the duration of the supply.
3.2 You are responsible for putting in place your own internet security and safety measures and install any updates we make available. Where you fail to install, within a reasonable time, updates supplied by us, we will not be liable for any lack of conformity resulting solely from the lack of the relevant update.
3.3 Our Platform has not been developed to meet your specific requirements. We cannot promise that it will be fit or suitable for your specific purposes, thus we suggest checking the technical requirements compatible with our Platform (for Web Browsers: Google Chrome version 70.x and later, Mozilla Firefox version 70.x and later, Microsoft Edge version 70.x and later, Safari version 11; for Mobile Devices and Tablets: Android Phone or Tablet with Android OS version 6.0 and later, Apple iPhone with iOS 13.0 and later, Apple iPad with iOS/IPadOS 13.0 and later; for Smart TVs: Android Certified TV with Android OS 6.0 and later, Samsung Tizen Smart TV OS from 2020 and later and LG TV Web OS 5 and later ) before subscribing/accessing.
3.4 We update our Platform regularly and reserve the right to add, remove and otherwise change its content at any time with and/or without prior written notice . You will be informed reasonably in advance of the modification. You have the right to terminate the contract if the modification negatively impacts your access to or use of the Platform, unless such negative impact is only minor. You will in any event be entitled to terminate the contract and delete your Account (as defined in clause 7 below) free of charge.
3.5. To provide a good experience for you, periodic modifications, changes, and improvements will be made to parts within the service Platform and services, with or without prior written notice. This includes, but is not limited to, maintenance processes, telecommunication interruptions, and others.
4 Access to Our Platform
4.1 You are responsible for ensuring that your computer and/or portable device is compatible with the technical requirements of our Platform specified in the clause 3.3 of these Terms of Use.
4.2 You are responsible for ensuring that all persons accessing the Platform through your Account are aware of these Terms of Use.
4.3 Our Platform and your Account must only be used or accessed by those who can access it from within Italy.
4.4 You may access your Account and the Platform from one or more devices..
4.5 You hereby represent and warrant that you are a person who is entitled and capable of entering into binding agreements under the laws applicable in Italy with respect to the use of the Platform including but not limited to being of 18 years of age or older, which does not need to be further proven by us.
4.6 We want you and others to enjoy using our Platform. When doing so, we ask that you observe the following rules:
(a) you are not permitted to use, or cause others to use, any automated system or software to extract content or data from our Platform;
(b) you agree not to use our Platform for any illegal or unauthorised purpose and you agree to comply with all laws and regulations applicable to your use of our Platform, including copyright and other intellectual property laws;
(c) you must not attempt to restrict another user of our Platform from using or enjoying our Platform and you must not encourage others to breach our Terms of Use;
(d) you must not interfere with our Platform or any servers or networks connected to our Platform, including by transmitting any worms, viruses, malware, spyware or any other code of a destructive, malicious or disruptive nature. You must not inject content or code or otherwise alter or interfere with the way any page of our Platform is rendered or displayed in a user’s browser or device;
(e) you must not change, modify or alter our Platform or change, modify or alter another Platform so as to inaccurately imply an association with our Platform or with us;
(f) you must not access our Platform via a means we have not authorised in writing in advance, including automated devices, scripts, bots, spiders, crawlers or scrapers (except for standard search engine technologies); and
(g) you must not use, or cause others to use, any automated system or software to extract content or data from our Platform except where you or any applicable third party has entered into a written agreement with us that permits such activity.
4.7 You agree not to archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained on or obtained from or through the Platform. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Platform; use any robot, spider, scraper or other automated means to access the Platform; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Platform; insert any code or product or manipulate the content of the Platform in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Platform, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of the Platform if you violate these Terms of Use or are engaged in illegal or fraudulent use of the Platform.
4.8 If you breach any of our Terms of Use, or any of the other terms and policies referred to in our Terms of Use, your ability to access and use our Platform may be terminated by us, by giving prior written notice to you using the contact details you provide to us.
5 Your Account
5.1 Your Platform account allows you to access a variety of Content provided on the Platform, in live and on-demand form ("Account").
5.2 Access to content on the COMO TV platform is available on free and paid basis (depending on the content from time to time available on the platform that you can choose to view). To use the Platform you must have Internet access and a compatible device, and provide the relevant COMO TV Mobile App store provider or card issuer with one or more Payment Methods when making a purchase through the Platform or COMO TV Mobile App Store. "Payment Method" means a current, valid, accepted method of payment (as may be updated from time to time). The relevant purchase fee for the applicable product will be charged to your Payment Method on the terms agreed with the relevant COMO TV Mobile App store provider or card issuer.
5.3 If you register for an Account on our Platform, you will be required to select a user name and password and provide other personal information. We shall collect and process your personal information in accordance with our Privacy Policy. Your Account details are personal to you and you must keep such information confidential and not disclose them to any other person. We will be entitled to treat any action carried out through your Account as being carried out by you. You must notify us immediately if you have reason to believe that your Account details may have been compromised or used by any other person in order to suspend or terminate the access to your Account.
6 Suspension of your Account
6.1 We have the right to temporarily, or permanently block, delete or deactivate your Account; or suspend and/or terminate your access to the Platform for the following reasons:
(a) violation or non-compliance with these Terms of Use or applicable statutory provisions;
(b) fraud or theft (or any indication or suspicion of fraud or theft);
(c) suspicion of criminal acts or violations;
(d) acts of infringement of our intellectual property rights, including but not limited to the redistribution of content from the Platform, whether in part or in whole through any medium in a public area or commercial area without our prior written permission, whether for commercial or other purposes;
(e) you use (either yourself or in conjunction with others) the Platform in breach of applicable law;
(f) you provide inaccurate, false or misleading information;
(g) you commit inappropriate acts, threats, or insults against COMO 1907 and/or its Affilaites or others that may affect the reputation and good name of COMO 1907 and/or its Affilaites;
(h) you refuse to provide the information we need for the purposes of registering your Account; and/or
(i) you being included in a "watch list" by an international government or organization;
6.2 Before temporarily, or permanently blocking, deleting or deactivating your Account, we will provide you with written warnings in connection with your violation or non-compliance with the above, using the contact details you provide to us.
7 Cancellation – Deletion
7.1 All the cancellation rights granted by the Italian Consumer Code (d.lgs. 206/2005) shall apply, including the right of withdrawal under Article 52 of the Italian Consumer Code, which can be exercised within 14 days of the conclusion of the contract without any explanation or cost by contacting our customer service at [email protected].
7.2 In the event that you decide to cancel to delete your account with COMO TV, you should write to our customer services team at [email protected].
8 Your Privacy & Cookies
8.1 The privacy of your personal information is important to us. Any personal information that you provide to us will be dealt with in accordance with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.
8.2 Our Platform also uses cookies and similar technologies. Some of these are necessary for the operation of our Platform, some provide specific features and functionality and others are used to collect information to help us analyse how our Platform is used. Please see our Privacy Policy for more details of how we use cookies and similar technologies.
9 Our Intellectual Property Rights
9.1 Our Platform and its contents are protected by certain rights, including registered and unregistered intellectual property rights (“Rights”). These Rights belong either to us or to our licensors. We and our licensors expressly reserve all Rights in and to our Platform and its contents. In particular, we reserve all Rights in the name “COMO 1907” and the “COMO TV” domain name and all related domain names, trade marks, logos, brand names and/or trading names appearing on our Platform. Nothing in these Terms grants you any legal rights in our Platform or its contents other than as necessary to enable you to access and use our Platform in accordance with these Terms of Use. The use of any trade marks on our Platform is strictly prohibited unless you have our prior written permission.
9.2 You may only view, print out, use, quote from and cite our Platform and its contents for your own personal, non-commercial use on the condition that you give appropriate acknowledgment to us where appropriate and you do not remove our copyright or other proprietary notices.
10 Our Liability to You
10.1 Consumers have certain legal rights when using our Platform. These are also known as “statutory rights” as they are derived from laws such as the Italian Consumer Code (d.lgs. 206/2005) and the Consumer Rights Act 2015. Nothing in these Terms of Use affects these rights. In particular, we do not exclude our liability for:
(a) death or personal injury caused by negligence;
(b) fraud, fraudulent misrepresentation, wilful default or gross negligence; or
(c) any matter for which it would be illegal for us to limit or exclude our liability.
10.2 Without prejudice to the foregoing, we will not be liable for any loss that is not caused by us or that was caused by any event or circumstance beyond our reasonable control.
10.3 Except as stated in clause 10.1(c) we shall not be liable for any loss of profits or revenue, loss of anticipated savings, or loss of goodwill.
10.4 Nothing in these Terms of Use affects any remedies that, if applicable, you can exercise in case of lack of conformity under Articles 135 octies-135 vicies ter of the Italian Consumer Code (d.lgs. 206/2005).
11 Your Liability to Us
Any use by you of the Platform or its contents in a manner not expressly permitted by our Terms of Use may mean that you are infringing our Rights and/or the Rights of our licensors. We and our licensors reserve all rights and remedies available in respect of any such infringement.
12 Linking to our Platform
12.1 You may link to any page of our website or the public pages on the Platform, provided that you do so for non-commercial purposes and in a way that is fair and legal and which does not damage our reputation or take advantage of it. For the avoidance of doubt, the linking site must not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. Any linking to our website or Platform must not seek to circumvent any paywall or make any of our content available to anyone who does not hold an Account. We reserve the right to withdraw linking permission by giving prior written notice to you using the contact details you provide to us.
12.2 You must not link to our website or Platform in such a way as to suggest any form of association, approval or endorsement on our part where none exists and you must not remove, obscure or modify in any way any advertisements, copyright notice, or other information on our website or Platform. Neither our website or Platform may be framed on any other website.
13 Third Party Platforms & Services
13.1 Our Platform may contain links to third party websites, platforms and/or services. If you decide to visit any third party website or platform, or use a third party service, or purchase products from that third party, you do so at your own risk. It is your responsibility to satisfy yourself as to the reputation of such third parties and the services they offer. We are not responsible for the content, accuracy or opinions expressed on third party websites, platforms or services. Links that we make available do not imply that we are, or our Platform is, affiliated to or associated with such websites, platforms or services.
13.2 Your browsing and interaction on any other website or platform or your use of other services, including websites, platforms and services which have a link to or from our Platform, is subject to that operator’s own rules and policies. In particular, third party websites will process your personal information in accordance with their own privacy notices. Please read all applicable third party policies and terms and conditions before proceeding.
14 General Provisions & Applicable Law
14.1 We may, from time to time, change these Terms of Use, and we will notify you immediately regarding said changes.
14.2 You may not assign, sub-license or otherwise transfer any rights under our Terms of Use.
14.3 If any provision of our Terms of Use is found to be invalid for any reason, the invalidity of that provision will not affect the remaining provisions of our Terms of Use, which will remain in full force and effect.
14.4 If we fail to exercise any right or remedy under our Terms of Use, our failure does not constitute a waiver of that right or remedy. Any waiver must be in writing and signed by us.
14.5 The laws of Italy will apply to our Terms of Use and your use of our Platform. The courts of your residence or domicile will have exclusive jurisdiction over any claim between you and us relating to our Platform or our Terms of Use.
14.6 Without prejudice to 14.5 above, you may refer any dispute concerning these Terms of Use and the services rendered through the Platform to the Italian Autorità per le Garanzie nelle Comunicazioni (AGCom), pursuant to art. 40 of Legislative Decree 8 November 2021, no 208 and the “Regulation on disputes resolution procedures between end users and electronic communications operators or audiovisual media services providers” (“Regolamento sulle procedure di risoluzione delle controversie tra utenti e operatori di comunicazioni elettroniche o fornitori di servizi di media audiovisivi”) in attachment B to AGCom deliberation 358/22/CONS. You can also apply for an out-of-court mechanism to solve any lawsuit relating to these Terms of Use with the competent bodies. Just to give you an example, the European Online Dispute Resolution platform http://ec.europa.eu/consumers/odr/ provides information about alternative dispute resolution which may be of interest, but you are free to choose an alternative out-of-court mechanism.
15 Enquiries & Complaints
15.1 If you have an enquiry or complaint about our Platform, please contact our customer services team at [email protected]. We will try to answer your enquiry or resolve any complaint as soon as possible. Our services covered by this Clause shall be provided in English and in Italian.