The Specific Terms and Conditions set out below (hereinafter referred to as “Terms”) shall apply to the access, download and/or use of the application “uMediaRoom”, as well as its updates (hereinafter referred to as “App”) belonging to “UCOM” CJSC (hereinafter referred to as “Ucom”). Ucom may from time to time change these Terms. By accessing, downloading and/or using the App, you will be deemed to have read, understood and accepted these Terms or the terms existing at that time.
1.1 In these Terms, the following words and expressions shall have the following meanings:
1.1.1“App Markets” shall mean such online digital media and/or application stores as Ucom may specify from time to time, which presently comprise iTunes Store of Apple Inc. and Google Play store of Google LLC.
1.1.2“Catch-Up Feature” shall mean the function made available on or via the App which allows to rewind, forward, pause certain TV Content or its components (time shifting) from the moment of the broadcasting of such TV Content within a time period according to the conditions of the relevant Tariff Plan / Package.
1.1.3“Catch-Up TV Programs” shall mean TV Content which may be accessed pursuant to the Catch-Up Feature.
1.1.4“General Terms and Conditions” shall mean the prevailing General Terms and Conditions for Provision of Electronic Communication and Other Adjacent Services available at ucom.am.
1.1.5“Intellectual Property Rights” shall mean patents, trademarks, service marks, trade names, domain names, rights in designs, database rights of unfair extraction and reutilization, copyrights (including rights in computer software), rights in know-how and other intellectual or industrial property rights (whether registered or unregistered and including applications for the registration of any of the foregoing) and all rights or forms of protection having equivalent or similar effect to any of the foregoing which may subsist anywhere in the world.
1.1.6“Losses” shall mean all losses, liabilities, costs, damages (including damages arising from cyber- attacks), claims, expenses (including judicial expenses), compensation, demands, actions and proceedings, howsoever arising, whether in contract, tort (including negligence or breach of statutory duty) or otherwise, and whether direct, indirect or
1.1.7“App” means the application “uMediaRoom” for mobile devices (available for download from an App Market) offered, operated and maintained by Ucom, through which, inter alia, certain functions and features and TV Content as may be offered and made available by Ucom from time to time, may be accessed and used.
1.1.8“App Content” shall mean all material, information, tools, content, hyperlinks, marks and/or logos contained in or displayed on, and all software and content which may be downloaded and/or accessed from or are made available through the App, including:
(i)all features, functionalities and/or TV Content being offered and made available on or via the App;
(ii)all advertisements, promotions and offers (whether from Ucom or any third party);
(iii)all material, information, tools, content, hyperlinks, marks and logos relating to third parties and/or products and/or services owned or provided by third parties;
(iv)all links from the App to Third Party Platforms; and/or
(v)Third Party Content.
1.1.9“Terms” shall mean these Specific Terms and Conditions, as may be amended from time to time.
1.1.10“Third Party Content” shall mean all material, information, tools, content and/or hyperlinks contained in Third Party Platforms (whether relating to third parties and/or products and/or services owned or provided by third parties or otherwise).
1.1.11“Third Party Platforms” shall mean websites, mobile applications and/or other platforms owned, operated or provided by third parties.
1.1.12“TV Content” shall mean all and any material, channels, TV programs (including any advertisements therein), and/or all and any content (whether visual, audio, video or otherwise) contained in or made available through such material, channels and TV programs.
1.1.13“VOD” or “Video on Demand” shall mean the additional feature where Ucom allows you to view certain TV content made available by Ucom on a gratuitous or non-gratuitous basis through the App.
The words and expressions used in these Terms that are not defined herein, shall have the same meanings as defined in the General Terms and Conditions, unless the context otherwise requires.
2.1In addition to these Terms, you shall be bound by and shall fully observe and comply with the General Terms and Conditions and such other terms and conditions as may be agreed or accepted by you in connection with your access and/or use of the App.
2.2These Terms are without prejudice to and shall not limit in any way the rights and protections conferred on Ucom and the obligations and liabilities imposed on you under the General Terms and Conditions and/or such other terms and conditions.
2.3You acknowledge and agree that in order to download, access and use the App, you are required to at all times comply with the provisions of these Terms, and you represent and warrant to Ucom that:
2.3.1 you are downloading the App from an App Market;
2.3.2 you are downloading, accessing and using the App on a mobile handset or device which meets or exceeds such mobile platform operating system requirements and specifications as Ucom may specify from time to time;
2.3.3you have put in place certain connections (such as connections to the Internet, whether via wireless connection, mobile data, or otherwise); and
2.3.4 you shall not at any time be in arrears of any payments due to Ucom for the App.
2.4 You acknowledge and agree that your access and/or use of the App depends on, and that the TV Content (or the volume thereof), as well as certain App functions, features or the App interface may vary based on the conditions of the Tariff Plan/Package you choose.
2.5 You acknowledge and agree that your use of any mobile or data services in relation to your download of and/or any access to and/or use of the App, any feature, functionality and/or TV Content for the time being offered and made available on or via the App (including but not limited to the Catch-Up Feature, VOD) and/or any App Content may entail additional charges with the relevant mobile and telecommunication service providers and that you shall be solely responsible for such charges.
2.6 Without prejudice to other clauses contained herein, you acknowledge and agree that the Catch-Up Feature may only be accessed and used for a certain period of time as stipulated by Ucom, following which such Catch-Up TV Program will no longer be able to be accessed.
2.7 Your access to and/or use of the App (or any part thereof) shall at all times be subject to the rights which Ucom may have from the relevant content providers.
2.8 In the event of any conflict between these Terms and the General Terms and Conditions, the provisions of these Terms shall prevail.
3.1 To access and use the App (or any aspect thereof), you will be required to provide Ucom such information and details as Ucom may specify from time to time, including but not limited to your Ucom ID, your e-mail.
3.2 To access and/or use the App (or any aspect thereof), you may be required to pay fees according to the General Terms and Conditions and the conditions of the Tariff Plan/Package you choose.
3.3 You agree and acknowledge that in order to pay for access and/or use of the App in accordance with the Tariff Plan/Package you choose, payment details (including debit/credit card details) may be required from you. In this regard, you agree that the payment details provided by you shall be correct, valid and accurate. You shall not use a debit/credit card that is not lawfully owned or the use of which is not authorized by the lawful owner thereof. You are responsible for maintaining the security of your payment details, and Ucom will not take responsibility for unauthorised access and use of your payment details unless such unauthorised access or use occurred directly through Ucom’s fault. You agree and acknowledge that Ucom and/or its payment agent(s) shall have the right to process subsequent payments for the access and/or use of the App using the payment details (payment method) provided by you.
3.4 You may access and use the App using your details on separate mobile handset(s) or device(s) (subject always to Ucom’s approval), depending on the Tariff Plan/Package you choose.
3.5 You shall pay on a timely manner for the App in compliance with the General Terms and Conditions and Tariff Plan/Package you choose.
3.6 You shall promptly notify Ucom upon discovering that there has been any:
3.6.1 inappropriate or unauthorized disclosure of and/or use of any of your details required to be provided to access and use the App (or any aspect thereof); and/or
3.6.2 inappropriate or unauthorized access to and/or use of App (or any aspect thereof) (whether effected using any of your details or otherwise),
and you shall promptly take such steps as may be specified by Ucom in relation to the foregoing matters.
3.7 Without prejudice to any other obligations which you may have (whether under these Terms, General Terms and Conditions, at law, or otherwise), you represent, warrant and undertake that:
3.7.1 you shall access, download and/or use the App solely for personal, private and non-commercial purposes and subject to such limitations as Ucom may specify from time to time, and in particular shall not, and shall not assist, cause, permit or authorize any person to, at any time, access or use the App (or any aspect thereof):
(i)for any commercial, unlawful or illegal activity or purpose (including commercial distribution); or
(ii)in any manner which may result in you or Ucom breaching any applicable law and/or any act or requirement of any competent authority, and/or which may affect Ucom’s equipment, network, servers, systems, and/or other services, or any other person’s access to and/or use of the App or any other service provided by Ucom.
3.7.2 any and all information provided by you to Ucom in connection with your access to and/or use of the App and/or these Terms shall be true, accurate and complete, and 3.7.3 you shall promptly notify and update Ucom in the event of any change of such information (in such form and with such valid supporting documentation as may be required by Ucom from time to time);
3.7.4 you shall at all times when accessing and/or using the App comply with these Terms, General Terms and Conditions, and all applicable laws and acts, orders and requirements of any state government and local self-government authority; and
you shall render Ucom any assistance and co-operation as Ucom may require in connection with any examination, investigation undertaken and/or action taken by Ucom in accordance with these Terms.
4.1 Ucom shall be entitled to send, and you hereby agree that Ucom may send and you may receive notifications (including SMS, e-mails) relating to the App (or any aspect thereof).
4.2 Notwithstanding any other provision of these Terms, Ucom shall be entitled to, and hereby reserves all rights to, at any time disable any links to or frames of any website or mobile application, and to remove or not publish any TV Content containing inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or material or information that violates any applicable law and/or any act, order or requirement of any state government and local self-government or other rights of any person (including Intellectual Property Rights).
4.3 Ucom shall be entitled to at any time investigate complaints or reported breaches of these Terms or any matter referred to in these Terms, and to take any action it may consider necessary, including reporting any suspected unlawful activity to competent authorities and/or law enforcement officials and disclosing any information necessary or appropriate to such persons.
4.4 Notwithstanding any other provision of these Terms, Ucom may, at its sole and absolute discretion, at any time modify the App (or any aspect thereof) and/or App Content, including but not limited to extending, decreasing or substituting TV Content, introducing new functions, modifying the user interface, without prior notice to you and without giving any reason. Such modifications shall immediately become part of the App and your continued access to and use of the App shall be deemed to be your conclusive acceptance of the same.
4.5 In case of any breach of your obligations specified in these Terms and/or in the General Terms and Conditions, any time for any reason whatsoever, Ucom may suspend (for such period as Ucom may in its sole and absolute discretion consider necessary) or terminate your Subscription Agreement and/or the availability to you of and/or your access to and/or use of the App (in whole or in part), without prior notice to you.
5.1 The App is available for download and made available for access and/or use only in the territory of the Republic of Armenia. Ucom makes no representation and no guarantee that the App (or any aspect thereof) is lawful, appropriate or available for use in other locations or jurisdictions. Ucom shall not be liable or be deemed to be in breach of these Terms or the General Terms and Conditions, and you will be solely responsible if you access, download and/or use the App outside the territory of the Republic of Armenia.
5.2 Ucom shall not be liable to you or be deemed to be in breach of these Terms or the General Terms and Conditions by reason of any delay in providing, or any inability by you to access and/or use the App (or any aspect thereof).
5.3 You acknowledge and agree that the App and all App Content is provided to you on an “as is, as available” basis. Notwithstanding any other provision of these Terms, nothing in these Terms shall be construed in a way that the App or any App Content constitutes or should be regarded as an offer or solicitation on the part of Ucom to provide any products or services described therein to any person to whom it is unlawful to make such offer or solicitation or where the applicable law does not permit the purchase of, subscription for or other use of such products or services.
5.4 Your access to and/or use of the App and the App Content shall be solely at your own risk. You are responsible for evaluating the accuracy, completeness and/or usefulness of any information received through the App.
5.5 Without prejudice to the provisions stipulated herein and in the General Terms and Conditions, Ucom excludes any representation, warranty, guarantee, endorsement or undertaking of any kind:
5.5.1 in relation to any failure, refusal, delay, error or other act or omission by or on behalf of any third party (including any content provider), and any activity carried out on or via the App or any Third Party Platform (including whether or not such activity is inaccurate, inadequate, incomplete, ambiguous or inconsistent);
5.5.2 as to the accuracy, privacy, reliability, security, timeliness, non-infringement, title, merchantability, fitness for purpose, accessibility, functionality or availability of the App (or any aspect thereof);
5.5.3 as to the inter-operability of the App (or any aspect thereof) with any other system, infrastructure, interface, product, service, network or otherwise to any extent;
5.5.4 as to whether the App (or any aspect thereof) will be uninterrupted, timely, free from defects, delays, errors, faults, mistakes or inaccuracies.
5.6 You acknowledge and agree that your access to and use of the App (or any aspect thereof) and the quality of such access and use, shall, in addition to the conditions stipulated herein, be subject to the following general conditions being met:
5.6.1 the model and specifications of the mobile handset or device on which the App (or the relevant aspect thereof) is accessed and/or used;
5.6.2 the availability and connectivity of a suitable network, infrastructure and/or platform at the time of such access and use, and the quality thereof; and
5.6.3 the geographic and technical capability of the mobile networks and delivery systems (including Internet connection), and the quality thereof (including the amount of bandwidth), at the time and location of such access and use.
5.7 You acknowledge and agree that Ucom has entered and/or may enter into agreements and arrangements with, and is and/or may be subject to certain obligations to App Markets (“App Market Providers”) or their operators in connection with the distribution of the App as a mobile Ucom accepts no, and shall not bear any, liability or responsibility for any Loss arising from or in connection with any act or omission of any App Market Provider.
6.1 All Intellectual Property Rights in or relating to the App and all App Content, including but not limited to information, communications, software, texts, graphics, links and sounds, belong to Ucom, content providers and/or third-party licensors. Nothing in these Terms shall be construed as granting you, and you shall not in any event be entitled to, any license or right to use any such Intellectual Property Rights or any aspect thereof.
6.2 You shall not, and shall not assist, cause, permit or authorize any person to tamper, reproduce, modify, store, copy, use, transfer, distribute, republish, download, post, transmit, translate, pledge, sublicense, rent, lease, decompile, disassemble, reverse engineer or otherwise attempt to derive the source code for the computer systems or other technology that operates or supports, or create any derivative works based on, the App and/or any App Content (including its user interfaces), in any form or by any means. For the purposes of these Terms, “reverse engineer” includes the examination or analyses of the App and/or any App Content to determine the source code, structure, organization, internal design, algorithms or encryption devices of the underlying technology of any App Content.