1. Access to the Portal.

1.1. These Terms govern your access to, and use of, the Portal. Access to the Portal shall be done through the process indicated in the instructions manual, or any other relevant documentation for such purposes which accompanies your Device. Nothing in these Terms regulates your use, rights or access to your Device, the Device and the Portal are independent units and the Device serves as an entry point to the Portal.

1.2. Notwithstanding the aforementioned, having an operative Device with access to the internet is inherent to the provision of the Portal. You shall be responsible for having your Device adequately connected to the internet and for remaining in its possession during the term of these Terms.

1.3. In consideration of you agreeing to abide by these Terms and continuous compliance with them, we hereby grant to you a non-exclusive, non-transferable, non-sublicensable right to use the Portal and its contents, solely for recreational, internal and personal, non-commercial uses and subject to these Terms until they are terminated. You may receive and use any free supplementary software code or update of the Portal incorporating “patches” and corrections of errors as may be provided by us from time to time.

1.4. Except as expressly set out in these Terms, you agree:

1.4.1. not to copy the Portal except where such copying is incidental to normal use or where it is necessary for the purpose of back-up or operational security;

1.4.2. not to use the Portal in any unauthorised way, including, but not limited to, by trespass, burdening network or server capacity or using the Portal for purposes other than those authorized;

1.4.3. not to modify, sub-license, translate, merge, publish, network, rent, lease, loan, transmit, sell, participate in the transfer or sale of, reproduce, redistribute, perform, display or in any way exploit the Portal in whole or in part;

1.4.4. not to decompile, reverse engineer, disassemble, change, create derivative works, replace or attempt to root any software or security components of your Device, the Portal, the Content or the Advertisements (as defined in Clause 5.1 below), including but not limited to the combination of the Portal with any third party plugin not expressly authorized by us, in particular, you will refrain from using any adblockers;

1.4.5. not to provide, or otherwise make available, the software or security components of your Device, the Portal or the Content in any form, in whole or in part (including, but not limited to, program listings, object and source program listings, object code and source code) to any person without prior written consent from us;

1.4.6. to comply with all applicable technology control or export laws and regulations; and

1.4.7. not to use the Portal to violate, tamper with or circumvent the security of any computer network, software, passwords, encryption codes or technological protection measures, or to otherwise engage in any kind of illegal activity, or to enable others to do so.

2. Intellectual Property Rights.

2.1. For the purposes of these Terms, “Intellectual and Industrial Property Rights” shall mean all the rights recognized by intellectual property legislation (copyright, related and sui generis rights) over all types of works and services (including software), for any purpose and mode of use, including all exploitation rights – such as fixation, reproduction, public communication (including making it available to the public), distribution and transformation (translation, adaptation, adjustment, digitization, photo retouching and pixelation, among others), as well as the creation and exploitation of derivative works— and the corresponding remuneration rights, as well as all the rights recognized by industrial property legislation (industrial or artistic designs, models and drawings, patents, trademarks, utility models, topographies of semiconductor products, plant varieties and any other similar rights, registered or not) and all the rights recognized under the legislation of trade secrets, including in any case the power to request and manage the corresponding applications for the obtaining, granting, protection or renewal of the aforementioned rights anywhere in the world.

2.2. You acknowledge that the Portal, including its source code and software and, in particular, the contents that may be hosted or available through the same, all rights, especially and without limitation, any Intellectual and Industrial Property Rights incorporated therein are the sole and exclusive property of Titan or, where applicable, of those third parties who have licensed to Titan the corresponding rights for the provision of the Portal and the channels included therein pursuant to Clause 4. Third Party Content below.

2.3. Except as expressly permitted in these Terms, the User has no right to reproduce, copy, modify, duplicate, create derivative works or new versions, produce, imitate, republish, download, display, transmit, distribute or communicate to the public (including making available to the public), directly or indirectly, all or part of any of these elements in any media, medium, form or means of dissemination. You shall refrain from attempting to decompile, disassemble, reverse engineer or otherwise reduce to a humanly perceivable form all or any part of the Portal or the rest of the contents available therein.

3. Term and Termination.

3.1. These Terms are effective for the duration of your access to and use of the Portal and shall remain in force and binding until terminated in accordance with the terms set forth under this clause.

3.2. You have the right to terminate your agreement to these Terms without giving notice or reasons anytime by stopping your use of the Portal.

3.3. We may terminate or suspend your access to and use to the Portal at any time and without notice if in our sole discretion you fail to comply with any of these Terms, or your continued access and use is harmful to the interests of any third party or is in violation of any applicable law.

3.4. to the extent permitted by applicable law, we may temporarily suspend or definitively terminate your use of the Portal in any of the following events at any time:

3.4.1. to improve the Portal, including but not limited to the maintenance, updates, deployment of fixes, patches or corrections to the same;

3.4.2. to comply with obligations under applicable laws;

3.4.3. if our business partners that provide us with elements of the Portal decide to terminate the provision of all or part of such elements of the Portal; or

3.4.4. in the event of maintenance, inspection or replacement or failure of the information and communication facilities (such as, computers, servers and telecommunication networks), surge in traffic, interruption of communication, and other reasonable ground making it difficult to continue the operation of the Portal.

3.5. We may also terminate upon 30 days’ prior notice, if we determine in our sole discretion to terminate or discontinue providing the Portal in the territory from which you use the Portal.

3.6. Upon termination for any reason all rights granted to you under these Terms shall cease and you must cease all activities authorised by these Terms including, in particular, accessing to any third-party Content, Channels and/or Services (as defined below) through the Portal. However, it shall be at our Content Partner’s discretion to decide to continue providing its services to you through their own access points unrelated to the Portal.

3.7. Notwithstanding the termination rights established above, Titan shall have the right to suspend access to all or part of the Portal, including the removal of any Content Partners (as defined below), at any time, as a consequence of the breach of these Terms or to protect the integrity, operability and security of the Portal, with immediate effect, with or without notice. Unless expressly prohibited by applicable law or to prevent imminent harm to you or any third party, Titan will notify you at or prior to such suspension. This suspension, carried out in good faith and in defense of the legitimate interests of Titan will be adapted according to the needs of each specific case to preserve the integrity, operability and security of the Portal.

4. Third Party Content.

4.1. The Portal contains a large number of channels (“Channel(s)”) offered by third parties (“Content Partner(s)”). Each Channel is identified by an icon on the homepage. If you click on the icon of a Channel, you leave the Portal and are redirected to the separate channel operated by the Content Partner.

4.2. On its Channel, a Content Partner will provide you with an offer to access its services (“Services”). These Services may involve providing you with access to all kinds of content, information and other materials (together referred to as “Content"), including but not limited to audiovisual works and media. Services are offered to you by the Content Partner, and your use of Services and related Content is subject to your acceptance of the terms of service, terms of use and/or other applicable terms of the respective Content Partner.

4.3. Unless specifically stated otherwise by us, we are not responsible for:

4.3.1. any Channel, Services or Content you use via the Portal, or

4.3.2. any content you post on any third-party services accessed via the Portal.

4.4. Channels, Services and Content are not controlled by us and are offered to you by the relevant Content Partner which is solely responsible to you regarding the same. You may be required to enter into separate terms of service, terms of use and/or other applicable terms in relation to such Services, Channels and Content.

4.5. When you click on an icon of a Channel on any location within the Portal, the Portal will redirect you to the relevant Content Partner where you can gain access to the relevant Channels, Services and/or Content.

4.6. Any personal data that you provide to a Content Partner, or that is collected by a Content Partner, is subject to the Content Partner’s own privacy notices. If a Content Partner uses cookies, such use will be detailed in the Content Partner’s own cookie policies.

4.7. You understand that by using any Channel, Services and/or Content, you may be exposed to materials that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabelled or are otherwise deceptive.

5. Advertising.

5.1. The Portal, Channels, Services and Content may display advertisements and promotions (“Advertisements”), including on static banners or out-of-stream video banners.

5.2. The Advertisements may be provided by us or a third party, including Content Partners. We are unable to control the usefulness, accuracy, or completeness of Advertisements and marketing information provided by third party advertisers. . Accordingly, unless we are directly attributable for the insertion and content of any given Advertisements, we will not be responsible for any liability arising out of such third-party Advertisements and communication or transaction between you and such advertiser, including any damage that may arise out of any reliance by you on such Advertisements.

5.3. You agree to not use the Portal in a way that would impact any Advertisements and in compliance with Clause 1.3.4 of these Terms, for the sake of clarity, non-compliance with the terms of this Clause 5.3 and Clause 1.3.4 shall be deemed a material breach of these Terms and, henceforth, entail the termination of the same and your access to the Portal in accordance with Clause 3.6.  

6. The Portal.

6.1. We warrant that the Portal will, when properly used, be available for the use as outlined in these Terms. The warranty does not apply if the defect or fault results from you materially altering or modifying the Portal or Device or from your material breach of these Terms.

6.2. The Portal is provided on an as-is basis. We provide no warranty whatsoever, whether express or implied, concerning any third-party service or Content Partner Service.

7. Limitation of liability.

7.1. Titan will ensure that the Portal is, at all times, adequate and correct. However, Titan is not responsible for the contents, documents or texts incorporated by third parties and for the Content of any Content Partner. To this end, you accept and acknowledge that the Content Partners will, ultimately, be those in charge of determining the Content provided and the terms under which said Content is being provided.

7.2. Titan disclaims any obligation in relation to the Content available in the Portal and reserves the right to update or remove any Content Partner, as well as to limit or deny access either temporarily or permanently to any you.

7.3. In any case, Titan shall not be liable in any event for any damages caused to you if:

7.3.1. The Portal is not used in accordance with Titan’s express instructions or as otherwise indicated in the Portal, or;

7.3.2. The Portal is used in conjunction with any other third-party software or devices not expressly authorized by Titan;

7.4. In addition, Titan shall, in no event, be liable to you for:

7.4.1. A modification of the Portal by anyone other than Titan;

7.4.2. Damages of any kind (including direct or indirect damages, loss of profits or loss of data) arising from any error, interruption, suspension or other unavailability of the Portal;

7.4.3. Damages of any kind (including direct or indirect damages, loss of profits or loss of data) resulting from your use of third-party websites, browsers, plugins, addons or toggles other than those expressly accepted, supported and indicated in writing by Titan, or;

7.4.4. Any damage arising from any activity conducted by you contrary to the provisions of these Terms or the applicable legislation.

7.5. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes, but is not limited to, liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

7.6. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

7.7. Notwithstanding the above, in any case, the maximum quantitative limit of liability for damages to you for any act or omission of Titan in relation, and exclusively directly emerging out of, the Portal shall be limited to the maximum aggregate amount equivalent of ONE HUNDRED EUROS (100€).

7.8. The Portal is for domestic and private use. If you use the Portal for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

7.9. You acknowledge that the Portal has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Portal meet your requirements.

7.10. In addition, you acknowledge that no liability that may be attributed to Titan arising from these Terms shall justify the filing of precautionary measures amidst a judicial procedure.

8. Limitation on access and export control.

8.1. We reserve the right (but will not have any obligation) to refuse access to Channels on the Portal. We also reserve the right to access, read, preserve and disclose any usage information as we reasonably believe is necessary to (i) comply with any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent or otherwise address fraud, security or technical issues, (iv) respond to user support requests or (v) protect the rights, property or safety of us, our users and the public. We may, at our sole discretion, add or remove access to any of the Channels in the Portal at any time.

8.2. You agree to comply with all applicable export laws and regulations, including United States export laws and regulations or any sanctions list that apply to you.

9. Changes to Device, Portal and/or Terms.

9.1. We may modify these Terms, as well as the Portal itself. In the same sense, Titan may replace any Content Partners through the publication on the Portal of an updated version of these Terms.

9.2. All clauses or terms of these Terms shall be interpreted independently and autonomously, and the rest shall not be affected by them in the event that a clause is declared null and void by a court judgment or final arbitration decision.

9.3. In the event that a clause of these Terms is declared invalid by a final court judgment, it will be replaced by another or others that preserve the effects pursued by the Terms and Conditions of the Platform.

9.4. If you do not agree with the modifications made to these Terms, you will be entitled to terminate these Terms, as stated herein. The use of the Services provided by the Content Partners, the Content, or the Portal itself after the update of these Terms and Conditions implies the express and unreserved acceptance of such update or modification. 

9.5. If any changes to these Terms have a material impact that is disadvantageous to you, we will send you a notice about the updating of these Terms at least 30 days in advance.

10. Feedback. 

10.1. Any feedback, comments, suggestions, error informs or questionnaires (jointly, the “Feedback") that you may provide us in regards to your usage of the Portal is provided to Titan on an entirely voluntary basis and, therefore, Titan will be free to use the Feedback in accordance with their own terms available at Titan’s Privacy Notice.

10.2. Notwithstanding anything to the contrary under Titan’s Privacy Notice, any and all Feedback shall be the sole and exclusive property of Titan. You hereby irrevocably transfer and assign to Titan, and agree to irrevocably assign and transfer to Titan all right, title and interest that you may have in and to all Feedback, including all intellectual property rights that may be present therein.

10.3. You shall not obtain or acquire any right or license to the Portal or to any intellectual property rights of Titan hereunder, even in the event that Titan includes such Feedback into the Portal.

11. Single sign-on.

11.1. We may choose to provide you with a single sign-on option in the Portal. This option will offer you the possibility of linking your access to and use of multiple features of the Portal to a single user account. You are responsible for safeguarding the username and password that you have selected for this account. We encourage you to use strong passwords (passwords that use a combination of upper- and lower-case letters, numbers and symbols) with your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

12. Payment services.

12.1. Our Content Partners may offer you paid Content. If you wish to purchase paid Content from a Content Partner, you will need to enter into a separate agreement with such Content Partner. We are not part of that agreement, and we do not bear any liability for such an agreement.

13. Privacy and cookies.

13.1. We strongly believe in protecting your privacy and informing you about the way we collect, use and store your personal data. Any personal data that you provide to us, or that is collected by us, is subject to our Privacy Notice. Our Privacy Notice is accessible within the privacy settings of the Device Privacy settings → Privacy preference Center → More choices.

13.2. The Portal makes use of "cookies" to collect and store some of your personal data. A "cookie" is a small text file sent to your Device, which allows us to recognise your Device the next time you visit. Our cookie use is described in our Privacy Notice, which can be accessed within the privacy settings of the Device Privacy settings → Privacy preference Center → More choices.

14. Other important terms.

14.1. These terms are governed by Spanish law and you can bring legal proceedings in the Spanish courts or the courts of the country in which you are resident. As a consumer, you will also benefit from any mandatory provisions of the law of the country in which you are resident and nothing in these Terms, including this Clause 13.1, affects your rights as a consumer to rely on such mandatory provisions of local law.

14.2. We may transfer our rights and obligations under these terms to another organisation. We will always tell you if this happens and we will ensure that the transfer will not affect your rights under these Terms.

14.3. Failure by us to enforce any provision of these Terms shall not be deemed a waiver of future enforcement of that or any other provision.

14.4. In these Terms any phrase introduced by the terms including, include, in particular or any similar expression shall be for illustrative purposes only and shall not limit the sense of the words preceding those terms.

14.5. Each of the provisions of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining provisions will remain in full force and effect.

14.6. These Terms are the entire agreement between you and us regarding your use of the Portal.