Terms of Use
MMA MANAGEMENT LLC.
FNC.TV ONLINE SERVICE GENERAL TERMS OF USE
- Recitals
1.1. MMA MANAGEMENT LLC., the United States of America, Registered Number: L13000152413, Registry Name: State Registry, Competent Authority: State of Florida, Tax and ID No./OIB: 93835962268, United States of America, Naples, 300 Fifth Avenue South 101/330 (hereinafter: MMA MANAGEMENT LLC.) provides on-demand audiovisual media service on the FNC.TV website, including live video streaming service and temporary available content. (hereinafter referred to as the "Service") .
1.2. MMA MANAGEMENT LLC. as a provider of audiovisual media services on the fnc.tv website respects the consumers' rights. The consumer may not waive the rights pertinent to a consumer under the Consumer Protection Act. If one of the provisions of these Terms of use is less favourable to consumers than the provisions stipulated by the Consumer Protection Act, that provision shall cease to be valid, and the provisions of the Consumer Protection Act shall apply instead. The provisions of these Terms of use do not exclude or restrict the rights that belong to a consumer under the relevant regulations, and in case of doubt they should be interpreted for the benefit of a consumer.
1.3. Please read carefully these Terms of Use for the online live video content purchase and for the usage of the video channel fnc.tv. The terms are available in a .pdf format too, and can be downloaded from this link, read and saved.
1.4. These general Terms of use of the video channel FNC.tv are fully binding for all users of the portal, i.e. they apply to users with whom a service agreement is concluded. Such an agreement is required to be concluded for the use of the "pay-per-view" service on a live video channel, as well as for users of other free video content available on TV. Only physical persons 18 years of age or older may enter into a service agreement with MMA MANAGEMENT LLC. MMA MANAGEMENT LLC. has the right to refuse to enter into an agreement or terminate a contract with a user with immediate effect if a user breaches any of the stipulations of these Terms of Use. MMA MANAGEMENT LLC. reserves the right to unilaterally modify these Terms of Service without prior notice. New changes shall be in effect once published on the www.fnc.tv.
1.5. After ordering and paying the "Pay per view" service (hereinafter referred to as PPV) MMA MANAGEMENT LLC. shall inform a user about the conclusion of the agreement by a message on the screen. The agreement shall be concluded once a user has paid for the ordered service. Before paying for the service, a user confirms that he/she has read these Terms of use and and accepts them.
1.6. The agreement is concluded in the Croatian language. The agreement (representing the agreement entered into electronically) will be saved by MMA MANAGEMENT LLC. The currently valid Terms of Use are also available on the website. Users note that MMA MANAGEMENT LLC. shall process their personal data in accordance with the Personal Data Processing Rules available on the fnc.tv website .
1.7. These Terms also represent a pre-contractual notice in case a service agreement is concluded by a consumer under the provisions of the Art. 57. of the Consumer Protection Act.
- Scope of Service
Contents
2.1. The service consists of viewing live video streaming channel, which is a billable and contractable service that can only be used by registered users, and viewing video content available on the FNC.TV website for which no fee is charged and for which users do not need to register. The live video streaming service is available periodically according to the schedule published on the website by MMA MANAGEMENT LLC. It includes viewing the live streaming of the event in real time and a video of the event that will be available to a user for viewing in the next 24 hours starting from the live video streaming.
2.2. The user acquires the right to access the content broadcast on the live video channel, immediately after the payment and at the time of the live video streaming. The list of current contents provided by the PPV service will be available on the website with the exact start of the broadcast at the CET time zone, as well as the exact fee.
- Service Use
3.1. In order to use the live channel video content service, a user must register an account on the website, have access to the equipment, system and connection needed for streaming in accordance with these Terms of Use and the instructions on the website www.fnc.tv and make a payment in accordance with these Terms of Use.
3.2. To be able to use the account, a user has to make following steps:
- fill in the registration form and accept the provisions of these Terms and Privacy Policy,
- click on the "Register" tab
3.3. The use of the account is free and unlimited in time. The user can at any time and for any reason, delete a user account by sending a request to the service provider, in particular by e-mail to: info@fnc.tv or a letter to the address: United States of America, Naples, 300 Fifth Avenue South 101/330.
3.4. Live streaming is intended for private use only.
3.5. A user undertakes not to disclose in any way the user's unique access data to live video content to any third party. If a user undertakes to misuse or share the unique code or the videos, the user shall be liable for damage caused to MMA MANAGEMENT LLC.
3.6. Online live streaming must not be used for public broadcast purposes (in sports bars, restaurants) nor for the transmission of information for other media in real time (internet portals, sports news). In case of such use, a user will be blocked from viewing the content as unauthorized use and subject to possible criminal prosecution for violation of the rights of the holder of the right to online presentation and shall be held liable for the damage caused.
3.7. The User may use the Service only for personal use and in accordance with these Terms of Use. The user cannot – and cannot induce anyone else to do or facilitate anyone else to do any of the following:
(a) use the service for commercial or public purposes;
(b) use the service for illegal or inappropriate purposes;
(c) copy/reproduce, lend, sell, broadcast, or otherwise distribute, edit or otherwise transmit or adapt the content of the service;
(d) circumvent, modify, remove, extend or otherwise manipulate any security, encryption or other technologies or software that is part of the service; or
(e) otherwise use the service in violation of copyright law, other laws or these Terms of Use.
3.8. Use of the service contrary to this Section 3 shall always be considered a material breach of contract, which authorize the MMA MANAGEMENT LLC. to terminate the service with immediate effect and prohibit a user from continuing using the services.
- Registration, Username and Password
4.1. To access the live channel content, a user needs to register their account and provide their login details.
4.2. A user is obliged to ensure that the information provided is correct at the time of registration and to update his account with the correct information when necessary. If a user enters incorrect or inaccurate information or an invalid e-mail address at the time of registration, the service provider shall not be liable for any damage a user may incur, not for the inability to submit an invoice. By entering the information when registering an account, a user confirms that this information is correct.
4.3. Depending on the payment method chosen, a user will be asked to disclose all or some of the following data: name, surname, e-mail address, password, credit/debit card number, CVV/CCV code, credit/debit card expiration date and name of the cardholder, details related to the selected payment method, such as details of the payment service provider's account, voucher code or any other information that may be necessary to complete the registration. Those data shall not be processed by the service provider, nor shall the service provider be responsible for them. A user is responsible for any use of the service via his/her account.
4.4. If a user suspects the unauthorized use of the login data, a user shall immediately notify MMA MANAGEMENT LLC. about that and change the user's password. IN the event that the MMA MANAGEMENT LLC. suspects that the login data were disclosed or otherwise misused by an unauthorized person, MMA MANAGEMENT LLC. has the right to terminate the agreement with immediate effect.
4.5. MMA MANAGEMENT LLC. has the right to require from a user to change the user's password at any time. Changes will have immediate effect and may cause temporary interruptions in the use of the service.
4.6. The use of a credit/debit card or other selected payment method may be blocked in case of reasonable suspicion of fraud or other misconduct.
- Technical Requirements
5.1. In order to use the service, a user must have the necessary and approved systems, connection and equipment. The content can be viewed on personal computers, tablets, smartphones with internet access. The minimum technical requirements are: stable internet access, no slower than: download speed 5 mbps/upload speed 1mbps, processor clock speed min 1.8 GHz, minimum RAM 2GB, WINDOWS 7 or later, MAC OS X 10.9.5 or later, Browser: Mozilla Firefox 90+, Chrome 90+.
5.2. The specification of the current system requirements is available on the website www.fnc.tv under the headline How and Where Can I Watch. However, meeting the system requirements does not guarantee that a user will be able to use the service indefinitely and for the purpose, which is beyond the control of MMA MANAGEMENT LLC.
5.3. The service requires a user to have access to the required Internet connection. A user is responsible for all costs associated with such a connection, including the cost of data traffic regardless of where a user uses the service. The specification of the requirements for the minimum upload speed required for the use of the service is available on the website containing the updated data, so in case of discrepancies between the data listed here and those listed on the website www.fnc.tv data entered on the website shall prevail.
5.4. Only those users whose devices meet the technical requirements and specifications currently listed on the website can use the service and the service can only guarantee the quality of the service to those users.
5.5. A user has the right to use and register the service on only one device, which includes a computer, mobile phone, tablet or other approved devices.
5.6. MMA MANAGEMENT LLC. shall not be responsible with regards to a user’s inability to use the service or for limited access to the service due to internet overload or due to errors or problems related to computers or other devices , networks, electronics or communications, and power outages, which are beyond the control of MMA MANAGEMENT LLC.
- Fees and Terms of Payment
6.1. The service fee shall be charged according to the prices available on the website indicated for the each individual event to be broadcast live. The information about the fees shall be made available to a user prior to the conclusion of the agreement. The registration process ensures a user’s prompt confirmation that a user is aware that the order contains an obligation to pay the service fee. MMA MANAGEMENT LLC. shall not be responsible for the applicable exchange rate nor for other charges applied by the bank or payment provider. Please contact your payment provider for details. The price of the fee is expressed in HRK.
6.2. The service provider shall not be responsible for the costs of the remote connection, which shall be charged according to the tariff for the services provided by the MMA MANAGEMENT LLC. Those costs shall be paid to a telecommunication operator with which a user has a contract for the use of Internet services, and a user is instructed to contact his telecommunication operator regarding the costs and the tariff.
6.2. The user may pay the fee using any of the means of payment offered by MMA MANAGEMENT LLC. on the website , i.e. by aircash, paypal, sms, and credit and debit cards.
6.3. Payment must be made before a user accesses the live channel. Payment can be made before and during the live event. Paid live video content is available to a user for the duration of the broadcast and for the next 24 hours from the time the broadcast begins.
6.4. The service provider undertakes to immediately and no later than within 3 days of the provided and paid service submit an invoice for the services to a user to his e-mail address submitted at the time of registration.
- Minors
7.1. The service may contain parts that are considered inappropriate for minors and that someone may find embarrassing or disturbing.
7.2. The service is not intended for use by children without the participation supervision and consent of parents or guardians. A parent, guardian or other adult who has made possible for children to use the service bears all the responsibility for determining the suitability of the content of the service for children.
- Exclusion of the right to unilateral termination
8.1. By concluding the agreement, a user gives his/her explicit consent to access (deliver) the service immediately after the conclusion of the agreement and payment of the fee for the service under the agreement.
8.2. A user is familiar with the provision of Art. 79. Of the Consumer Protection Act, according to which a user is not entitled to unilateral termination of the agreement given that the subject of the agreement is the delivery of digital content that is not delivered on a physical medium, and since the fulfillment of the agreement began with the explicit prior consent of a user and with a user’s confirmation that he is aware of the fact that he will thereby not exercise the right to unilateral termination of the agreement.
- Duration of the agreement and complaints about material defects of products
9.1. The agreement shall be concluded to a fixed time period and last from the moment of payment of the fee until the expiration of 24 hours from the start of live video content broadcast. By making the payment, a user confirms and agrees that the fulfillment of the agreement shall be deemed to have started immediately.
9.2. The user may lodge a complaint about the service provided within 48 hours of the start of the live video transmission, for which the fee was paid only for the reason if he was prevented from viewing live video content, and the cause is on the side of MMA MANAGEMENT LLC. The complaint is submitted via e-mail info@fnc.tv or registered mail to the address United States of America, Naples, 300 Fifth Avenue South 101/330. The user must prove that after having duly paid the fee, the service was not enabled or that it was not enabled in its entirety.
9.3. If the user submits a complaint within the above-mentioned deadline, the service provider will primarily try to eliminate the defect in the provision of the service and enable him to watch the recorded video content from the live channel, but if it would not be possible to eliminate it within the validity period of the contract, and it is determined that the cause of the non-provision of the service is on the side of the provider, the user will be provided with access to the content of the same value or will be provided with a subsequent deadline for reviewing the content. MMA MANAGEMENT LLC. is not responsible for difficulties in viewing content caused by users (inability to view content due to access from abroad or failure to meet technical requirements)
9.4. With reference to the provisions above, MMA MANAGEMENT LLC. will be authorized to terminate the contract with immediate effect and at the same time make the service currently unavailable to a user in the event that:
(a) there are reasonable grounds to believe that a user is incapable of payment;
(b) there has been an unauthorized use of the service or there are reasonable grounds to believe that such unauthorized use is taking place;
(c) a user has otherwise committed a material breach of the agreement or repeatedly breaches the agreement.
- Submission of complaints
10.1. Complaints related to the provision of electronic services shall be submitted :
- in writing to the following address: MMA MANAGEMENT LLC., United States of America, Naples, 300 Fifth Avenue South 101/330;
- in electronic form by e-mail to: info@fnc.tv .
10.2. The service provider shall respond to the complaint within 15 days from the date of receipt of the complaint, in accordance with Article 10. article 5 of the Consumer Protection Act, unless a different term arises from legal provisions or special regulations.
- Out-of-court dispute resolution
11.1. The use of the out-of-court procedure of reviewing a complaint/complaint and claiming damages is voluntary. The following provisions are informative and do not constitute an obligation of the service provider to use out-of-court dispute resolution. A statement of consent or refusal to participate in the out-of-court settlement of consumer disputes shall be made by the service provider in writing or in another durable medium in the event that after the consumer's objection the dispute is not resolved.
11.2. The user who is a consumer has the following possibilities of using out-of-court procedures to consider and exercise his rights:
- Dispute resolution is possible before the Conciliation Association or other conciliation bodies,
- The user can submit a complaint via the ODR online platform: http://ec.europa.eu/consumers/odr/ . The ODR platform is also a source of information on the forms of out-of-court dispute resolution that can occur between entrepreneurs and consumers. In case of difficulties or problems during the purchase online within the EU, you can submit your complaint using the above link. The platform can be used by both consumers and traders.
- Intellectual property rights
12.1. For the purpose of the agreement, MMA MANAGEMENT LLC. grants a user a non-exclusive, non-transferable and limited license to view the content of the service. A user may use the service and its content in accordance with the agreement and solely for a user’s own personal use.
12.2. The content of the website www.fnc.tv and the content of the service are protected by copyright, trademark law and/or other intellectual property rights. The agreement with MMA MANAGEMENT LLC. does not in any way constitute a transfer of any authorization or any other intellectual property right to the contents of the service or the service to a user.
- Security
13.1. A user is not authorized to take any action that may affect the service or the website in such a way that it no longer works, becomes overloaded, damaged or weakened. A user is also not authorized to influence the use of the service by another user.
13.2. A user may not attempt to gain unauthorized access to networks, computer system, content or information relating to the website www.fnc.tv or service it concerns. Violations of this section shall at all times be considered a material breach of the agreement which, among other things, may lead to the termination of the agreement with immediate effect.
- Personal data protection
14.1. The service provider processes a user’s personal data as a personal data manager.
14.2. The provision of personal data by a user is voluntary, but necessary for the opening of a user account, use of certain electronic services, conclusion and execution of a sales agreement.
14.3. Detailed information on the protection of personal data can be found in the "Privacy Policy" tab available at www.fnc.tv .
- Final provisions
15.1. These Terms of use enter into force since 15 November 2021. Agreements concluded by the service provider shall be concluded in the Croatian language. Croatian law shall apply as applicable to the interpretation of these Terms of use and in the event of a dispute.
15.2. The service provider informs that the use of video content via a web browser may be related to the need to bear the costs of connecting to the Internet (data transfer fee)
15.3. In matters not covered by these Terms of use, generally relevant provisions of Croatian laws shall be applied, in particular the Civil Obligations Act, the Electronic Commerce Act, the Electronic Media Act, the Consumer Protection Act and other relevant provisions of applicable laws.
15.4. If a consumer exercises certain rights prescribed by the mandatory statutory or regulatory provisions of the Republic of Croatia, they cannot be revoked by these Terms of use.
Security Statement
HT PayWay applies the most modern standards in data protection – SSL certificate 256-bit encryption and TLS 1.2 cryptographic protocol as the highest level of protection for data entry and transmission. The ISO 8583 protocol ensures that the exchange of data between HT PayWay systems and the authorization centers of card companies is carried out in a private network, which is protected from unauthorized access by a double layer of “firewall” (firewall).