Last updated: March 1, 2018
Qwest TV TERMS OF SERVICE
Qwest TV offers a subscription service providing users with access to films, documentaries and TV series (hereinafter referred to as the “Qwest TV content”) via internet streaming, viewable on certain televisions, computers and other connected devices (hereinafter referred to as (“Qwest-TV-compatible devices”).
The Qwest TV service is offered to you by QRA, S.A.S., a simplified joint-stock company incorporated under French law, in the process of being recorded in the Registry of the Paris Court of Commerce, located at 18 Rue Taylor, 75010 Paris. These Terms of Service shall govern your use of our services. As used in this document, the expressions “Qwest TV service,” “our service” and “the service” shall designate the service provided by Qwest TV enabling the user to search and view the Qwest TV content, specifically all of the features, recommendations and reviews, the website and user interfaces, and all of the content and software associated with our service.
Your Qwest TV subscription will be automatically renewed each month until such time as it is cancelled. In order to utilize the Qwest TV service, you must have internet access and a Qwest-TV-compatible device. Furthermore, you must provide us with a current, valid, accepted payment method (hereinafter referred to as the “Payment Method”), which you may modify at any time. Unless you cancel your subscription before the monthly due date, you authorize us to charge the subscription fees for the following month to your Payment Method (see “Cancellation” below). You can consult the specific details of your Qwest TV subscription by visiting our website and clicking on “My Account” at the top of the page under your user name.
2.1. Your Qwest TV subscription may begin with a free trial. The free trial period will be for seven (7) days, unless specified otherwise during registration, and is intended to allow new members and certain existing members to try out the service.
2.2. Qwest TV reserves the right, at its sole discretion, to determine your eligibility for a free trial and to impose restrictions in order to prevent any abuse thereof. We reserve the right to revoke the free trial and suspend your account if we deem that you do not meet the eligibility requirements. Members of households that are currently subscribed or were recently subscribed to Qwest TV are not eligible. In order to determine your eligibility, we are authorized to use such information as the device ID, Payment Method and email address used for an existing or recent subscription to Qwest TV. Certain restrictions may apply when combining the free trial with other promotional offers.
2.3. Unless you cancel your subscription prior to the expiration of the free trial period, once the trial has ended, we will charge the amount corresponding to your monthly subscription fee to your Payment Method. To review the monthly subscription fee and the expiration date of your free trial period, please access our website and click on “Billing Details” on the “My Account” page.
3.1. Billing cycle. The fees for subscribing to the Qwest TV service, as well as any other applicable fees related to your use of the service, such as taxes and any possible transaction fees, shall be charged to your Payment Method each month on the calendar day corresponding to the start date of your paid subscription period. In some cases, your billing date may change, for example, if your Payment Method is declined or if your paid subscription began on a day that does not exist in a given month (e.g. the 31st). To review your next billing date, please access our website and click on “Billing Details” on the “My Account” page.
3.2. Payment methods. You may modify your Payment Method by visiting our website and clicking on “My Account.” If a payment is declined because of an expired credit or debit card, insufficient funds or for any other reason and you fail to modify your Payment Method or cancel your account, we may suspend your access to our service until such time as you provide us with a valid Payment Method. By updating your payment information, you authorize us to continue charging your updated Payment Method and agree to assume responsibility for any uncollected amounts. A situation of this nature may entail a change in your billing date. For certain Payment Methods, the issuer may charge you certain fees, such as international transaction fees or other fees related to processing your payment. Fees related to local taxes may vary depending on the Payment Method used. Please consult the issuer of your Payment Method for additional information.
3.3. Cancellation. You may cancel your Qwest TV subscription at any time and will continue to have access to the service until the end of the current monthly billing cycle. To the extent permitted by law, the payments are not reimbursable, and we shall not make any reimbursements or issue any credits for periods of partial use or for any Qwest TV content that is not viewed. To cancel your subscription, visit the “My Account” page and follow the instructions. If you cancel your subscription, your account shall be closed automatically upon expiration of the current billing cycle. To find out when your account will be closed, please click on “Billing Details” on the “My Account” page. If you registered with Qwest TV using an account that you hold through a third-party Payment Method and wish to cancel your Qwest TV subscription, you may need to do so through such third party, for example, by consulting your account through the third party and disabling automatic renewals or by unsubscribing from the Qwest TV service through the third party. You may also review the billing information related to your Qwest TV subscription by consulting your account through the applicable third party.
3.4. Modifications to the price and the offered service. From time to time, we may modify the services we offer, as well as the price of our service. However, any modifications in the price of our service or in the services we offer shall only become effective after a minimum period of thirty (30) days from the date you receive notification from us of such changes.
Qwest TV service
4.1. In order to subscribe to the Qwest TV service, you must be at least eighteen (18) years of age, or of the applicable legal age in your province, territory or country. Minors may only use the service under adult supervision.
4.2. The Qwest TV service, as well as all content viewed through the service, is exclusively for personal, non-commercial use. For the duration of your subscription, we grant you a restricted, non-exclusive, non-transferrable license permitting you to access the Qwest TV service and view the Qwest TV content. With the exception of the aforementioned license, no rights, title or interest is granted to you. You agree to refrain from using the service for purposes of public viewing.
4.3. You may only view the Qwest TV content within the countries in which we offer our service and in which we hold the corresponding licenses. The available content may vary according to the geographical area and may also be modified from time to time. The number of devices on which you may simultaneously view the content will depend on the type of subscription you choose and will be specified on your “My Account” page.
4.4. Qwest TV makes regular modifications to the service, including the contents of its library. Likewise, we regularly test various aspects of our service, namely our website, user interfaces, promotional offers and availability of Qwest TV content. You may disable these tests by visiting the “My Account” page and changing your “Test participation” settings.
4.5. Select Qwest TV content may be temporarily downloaded and viewed offline on certain compatible devices (hereinafter referred to as “Offline Titles”). Restrictions shall apply, including the number of Offline Titles per account, the maximum number of devices on which they may be downloaded, the period during which you must begin viewing them and the length of time they will be accessible. Certain Offline Titles cannot be viewed in some countries. If you connect within a country in which it is not possible to view an Offline Title in streaming mode, you will be unable to view it as long as you remain in that country.
4.6. You agree to utilize the Qwest TV service, including all of the associated options and features, in accordance with all applicable laws, rules and regulations, as well as any restrictions on the use of the service or the proposed content. Except as expressly authorized in these Terms of Service, you agree to refrain from storing, reproducing, distributing, modifying, displaying, running, publishing, transferring, creating derived works, selling or using the Qwest TV content and service information or any other information that is thereby obtained. Furthermore, you agree to refrain from: circumventing, removing, modifying, deactivating, destroying or thwarting the protections on the content within the scope of the Qwest TV service; using robots, crawlers, web harvesters or other automated methods in order to access the Qwest TV service; decompiling, reverse engineering or dismantling any software, product or process that is accessible through the Qwest TV service; inserting any code or product, or otherwise manipulating the Qwest TV service in any way whatsoever; or utilizing any method of exploring, collecting or extracting data. Likewise, you agree to refrain from downloading, displaying, emailing, sending or otherwise transmitting any content, including any type of computer virus, code, file or program, intended to interrupt, destroy or restrict the functionality of any software, computer equipment or telecommunications equipment associated with the Qwest TV service. We may terminate or restrict your use of our service in the event that you violate any of these Terms of Service or use the service in a manner that is illicit or illegal.
4.7. The display quality of the Qwest TV content may vary from one device to another and may be influenced by various factors, including your location, the available bandwidth and the speed of your internet connection. The availability of HD, Ultra HD and HDR formats will depend on your internet connection and the capabilities of the device you are using. Not all content is available in all formats, specifically HD, Ultra HD and HDR, and not all types of subscriptions permit viewing the content in all formats. By default, the cellular network playback settings exclude content in HD, Ultra HD and HDR formats. In order to obtain SD quality, your system must avail of a connection speed of at least 0.5 Mbps. Download speeds of at least 5 Mbps are recommended in order to view the content in HD format (720p or higher). Download speeds of at least 25 Mbps are recommended in order to view the content in Ultra HD (1080p or higher) or HDR formats. You shall be responsible for any fees associated with your internet access. Please contact your internet provider for further information on any possible charges related to the use of internet data. The elapsed time before being able to view the Qwest TV content will vary depending on several factors, namely your location, available bandwidth at the time you view the title, the selected content and the settings of your Qwest-TV-compatible device.
4.8. Qwest TV utilizes the services of a third-party provider to distribute its content. The Qwest TV software, which enables access to the Qwest TV content through Qwest-TV-compatible devices, was developed for Qwest TV by the company Okast (hereinafter referred to as the “Qwest TV Broadcaster”), whose Terms of Service are available at https://okast.tv/cgu/. The Qwest TV software may vary according to the device and media used, and the functions and features may also vary depending on the device. By using our service, you acknowledge that it may necessitate the use of third-party software, which may be subject to such third party’s licensing terms and conditions. You agree to automatically receive updated versions of the Qwest TV software or third-party software associated with the service.
Passwords and account access. The user who created the Qwest TV account and who is billed for the subscription fees through the selected Payment Method (hereinafter referred to as the “Account Holder”) shall have access to, and control over, the Qwest TV account and the Qwest-TV-compatible devices used to access our service. In order to retain control of the account and prevent anyone else from accessing it (specifically, from accessing the information on the playback history associated with the account), the Account Holder shall retain control of the Qwest-TV-compatible devices used to access the service and shall refrain from communicating the password or the details of the Payment Method associated with the account to anyone whatsoever. You shall be responsible for updating and maintaining precise information related to your account. We may terminate or suspend your account in order to protect you, as well as Qwest TV and its partners, from identity theft or any other fraudulent activity.
6.1. Applicable law. These Terms of Service are governed and interpreted in accordance with the laws of France. They shall not restrict any consumer protection provisions from which you may benefit by virtue of currently effective legislation in your country of residence.
6.2. Unsolicited content. Qwest TV does not accept any unsolicited content or ideas concerning the Qwest TV content and waives all liability for any similarity between its content and programming and any content or ideas that are submitted.
6.3. Customer support. If you would like further information on our service and its features or if you need assistance with your account, please use the contact form available at https://qwest.tv/media/contact/. In some cases, Customer Service may assist you by using a remote access and assistance tool that gives us full control of your computer. If you are unwilling to provide such access, you must refuse assistance through the remote access tool, in which case, we will assist you through other means.
6.4. Severability. If one or more provisions of these Terms of Service should prove to be invalid, illegal or unenforceable, the remaining provisions shall not be affected, retaining their full force and effect.
6.5. Modification of the Terms of Service. From time to time, Qwest TV may modify these Terms of Service. We will inform you at least thirty (30) days in advance before the new Terms of Service become effective.
6.6. Electronic communications. We will send you information related to your account (e.g. payment authorizations, invoices, changes in your password or Payment Method, confirmation messages, notifications, etc.) solely by electronic means, for example, via email to the address you provided us during registration.