ATRESMEDIA

TABLE OF CONTENTS

TERMS AND CONDITIONS OF SERVICES INCLUDED IN COMUNIDAD ATRESMEDIA

These General Terms of Use describe the terms and conditions under which ATRESMEDIA CORPORACIÓN DE MEDIOS DE COMUNICACIÓN, S.A., with registered address at San Sebastián de los Reyes (28703 Madrid), Avda. Isla Graciosa 13, holding tax ID (CIF) A-78839271, and registered in the Commercial Registry of Madrid, volume 1,924, section 3, page 108, sheet M-34.473, entry 1 (hereinafter, ATRESMEDIA CORPORACIÓN), provides registered users access via its websites and apps to certain audiovisual content services through Comunidad Atresmedia, currently including atresplayer, as well as any other service offered by companies within the Atresmedia Group (hereinafter, the Service).

Accessing or using the Service implies full acceptance of these general terms of use, and of any additional conditions unilaterally set by ATRESMEDIA CORPORACIÓN in accordance with applicable laws. It is the user’s responsibility to review the terms of use each time they access the Service.

DESCRIPTION OF THE SERVICE

Use of the Service is subject to the prior completion of the corresponding User registration (Atresmedia Community). The Service known as atresplayer will be accessible only to users domiciled in Spain and Andorra. Exceptionally, where expressly indicated for certain content, atresplayer may be accessible from other territories by subscription. Users may enjoy the Service via PC or Mac, smartphones (iOS, Android, and Windows), tablets (iOS, Android, and Windows), Smart TVs, and through Google Chromecast, Apple TV, and Android TV systems. To fully enjoy all the benefits offered by the platform, a connection of at least 6 Mbps (actual speed) is recommended.

Users may access a wide catalogue of audiovisual content through the following modalities:

Free modality with registration

Under this modality, the user has access to all Atresmedia content available free-to-air. Simultaneous access is permitted from a single device. Registration may be completed by filling in the required fields or via Social Login (by linking the new Atresmedia Community account with the user’s Google or Facebook accounts). For further information, please consult the Atresmedia Community Privacy Policy.

Subscription modalities

Under these modalities, the user will enjoy all the benefits of a registered user, in addition to the advantages detailed in each of the subscription plans offered:

· “PREMIUM with ads” Subscription Plan: Video-on-demand content, original and exclusive content, and early-release content. Simultaneous access from a single device. In consideration thereof, the user must pay the price established for this plan, plus any applicable taxes, in accordance with the rates in force at any given time. Payment may be made by credit card, PayPal, mobile operator billing, Android devices via Google Play, iOS in-app purchase, and Amazon.

· “PREMIUM without ads” Subscription Plan: Enjoy the full video-on-demand catalogue without advertising. Access original and exclusive content, with a selection available in 4K quality. Be the first to watch early releases and download your favourite content to enjoy offline. Simultaneous access from a single device. In consideration thereof, the user must pay the price established for this plan, plus any applicable taxes, in accordance with the rates in force at any given time. Payment may be made by credit card, PayPal, mobile operator billing, Android devices via Google Play, iOS in-app purchase, and Amazon.

· “PREMIUM without ads – Family” Subscription Plan: Enjoy the full video-on-demand catalogue without advertising. Access original and exclusive content, with a selection available in 4K quality. Be the first to watch early releases and download your favourite content to enjoy offline. Simultaneous access from up to four devices. Possibility of configuring up to four user profiles within the same Plan. In consideration thereof, the user must pay the price established for this plan, plus any applicable taxes, in accordance with the rates in force at any given time. Payment may be made by credit card, PayPal, mobile operator billing, Android devices via Google Play, iOS in-app purchase, and Amazon.

· Premium Disney+ Subscription Plan: Video-on-demand content, original and exclusive content, and early-release content. Simultaneous access from a single device and Disney+ Standard Plan with ads. In consideration thereof, the user must pay the price established for this plan, plus any applicable taxes, in accordance with the rates in force at any given time. This package is available only to new customers, and payment may be made by credit card or PayPal.

· ViX Plan: Includes more than 20,000 hours of telenovelas. To subscribe to the “ViX Plan,” it is only necessary to be a “Registered” user; it is not necessary to be a “Premium” user unless desired.

· PREMIUM International Subscription Plan: Available exclusively outside Spain. Allows access to the full atresplayer content catalogue, including live channels, the entire video-on-demand catalogue, original and exclusive content, and early-release content available in each region. Two subscription options are available, with different prices and currencies depending on the territory:

o Monthly plan: €5.99/month (USA: $5.99; Latin America: $4.99; Mexico: MXN $99.00).

o Annual plan: €59.99/year (USA: $59.99; Latin America: $49.99; Mexico: MXN $999.00), offering savings equivalent to two free months.

Payment may be made by credit card, PayPal, Google Play, iOS in-app purchase, Amazon, and other platforms available depending on the country. In certain Latin American countries, this plan may also be subscribed to through authorized pay-TV operators, allowing the linking of the atresplayer account to the services contracted with such operators, provided that the required conditions are met.

ATRESMEDIA CORPORACIÓN reserves the right to update or modify the audiovisual content catalogue at any time. Additionally, the International subscription modality will offer only the content for which Atresmedia holds the rights and/or licenses to broadcast outside Spain.

SUBSCRIPTIONS

Users may subscribe to the service under a monthly and/or annual billing plan, gaining access to all the benefits included in the selected plan from the date the service is contracted, upon payment of the monthly or annual fee through any of the payment methods described above. The subscription will remain in force until the user decides to cancel it.

ATRESMEDIA CORPORACIÓN processes the essential banking details of users in order to carry out payment transactions. Once the Service has been contracted, and by sending an email to the address provided by the user within a maximum period of twenty-four hours from receipt of acceptance, ATRESMEDIA CORPORACIÓN will confirm the subscription, and access to the platform with the benefits corresponding to each plan will begin automatically. ATRESMEDIA CORPORACIÓN excludes all liability in relation to the confidentiality and security of the information and data provided by the user in connection with the payment for content and/or subscriptions, insofar as the processing of such information and data is not exclusively under the control of ATRESMEDIA CORPORACIÓN.

ACCESS IN THE EUROPEAN ECONOMIC AREA (EEA)

As of April 1, 2018, pursuant to European Regulation (EU) 2017/1128 of 14 June 2017 on the cross-border portability of online content services in the internal market, atresplayer users under a subscription plan who are residents in Spain in accordance with applicable regulations and who are temporarily present in a Member State of the European Economic Area may access atresplayer content under the same conditions as in Spain.

PAYMENT PLATFORM

SIPAY PLUS S.L.U. (hereinafter, SIPAY) and ADYEN, N.V. provide payment services through a payment gateway available at the URL http://www.atresplayer.com, through which ATRESMEDIA CORPORACIÓN DE MEDIOS DE COMUNICACIÓN, S.A. (hereinafter, ATRESMEDIA CORPORACIÓN) provides a service by making certain audiovisual content available to users (hereinafter, “atresplayer PREMIUM” or the “Service”).

Available payment methods for the purchase of content

1. Credit Card Payments

Payment for products or services is made online through the Virtual POS (TPV) using a credit card. To complete the purchase, the User must enter the required information. When selecting this payment method, the user will be redirected directly to the bank’s page that provides the Virtual POS service, where they must enter the requested details to complete the purchase. Once the purchase has been completed by credit card, the user will have access to the Service under the subscribed plan, with the benefits described above.

The price of the service will be displayed on the website. If the user is unable to view the content they have purchased, they must contact us via the contact form. They may also contact us by phone at +34 911 22 05 83, or for Premium users calling from outside Spain at +34 911 79 60 27. The user should provide as much information as possible in order to resolve the issue as quickly as possible. If any complications arise and the user is unable to access the Service, access will be provided again.

To download the invoice associated with a payment, the user must go to the payment history section of their profile, where they will find a list of recent payments and invoices. If a full invoice is required, the user must complete the fields with the requested information. If necessary, billing details may be edited.

Availability

The User acknowledges and accepts that it is technically not possible to guarantee 100% availability of the Virtual POS. However, SIPAY and ADYEN, N.V. will make their best efforts to keep the Virtual POS service available as consistently as possible. In particular, brief service interruptions may occur for reasons of maintenance, security, or capacity, as well as due to events beyond the control of SIPAY and/or ADYEN, N.V. (such as failures in public communications networks, power outages, etc.).

Warranty

ATRESMEDIA CORPORACIÓN controls the quality, security, accuracy, and legality of the products and/or services offered, while SIPAY and ADYEN, N.V. control the commercial transactions concluded by the User through the online store. Accordingly, SIPAY and ADYEN, N.V. guarantee the accuracy, reliability, quality, and suitability for the purposes pursued by the User when carrying out such commercial transactions. Additionally, SIPAY and ADYEN, N.V. act as an online payment gateway to facilitate commercial transactions with buyers. Likewise, ATRESMEDIA CORPORACIÓN guarantees the use of the Virtual POS services pursuant to its agreement with one or more financial institutions that provide this type of service (Virtual POS).

Liability

The User acknowledges and accepts that access to and use of the website hosting ATRESMEDIA CORPORACIÓN’s Virtual POS and/or the content included therein takes place freely and knowingly, under the User’s sole responsibility. ATRESMEDIA CORPORACIÓN shall be solely and exclusively liable for the services it provides directly and for the content created directly by it. ATRESMEDIA CORPORACIÓN’s liability in this respect shall be limited, at most, to the amounts that it may have received from the User during the previous two months.

The User accepts that ATRESMEDIA CORPORACIÓN shall not be liable, directly or indirectly, for any damages of any nature arising from identity theft by a third party or from any fraudulent use of the User’s card. The User is solely responsible for the diligent safekeeping of their credit card details. In the event of loss or theft of a credit card, the User is responsible for immediately notifying the nearest office of the card-issuing network by telephone or by any other means.

Neither ATRESMEDIA CORPORACIÓN nor SIPAY and ADYEN, N.V. shall be liable for the incorrect functioning of a User’s card that prevents the successful completion of a commercial transaction with ATRESMEDIA CORPORACIÓN. In particular, ATRESMEDIA CORPORACIÓN, SIPAY, and ADYEN, N.V. shall not be liable if the card issuer has cancelled or suspended the card for any reason. ATRESMEDIA CORPORACIÓN and SIPAY shall also not be liable for any fees, charges, or other costs imposed by the card-issuing entity for the use of the Virtual POS service.

The User undertakes to indemnify ATRESMEDIA CORPORACIÓN for any damages or losses that may be caused to it directly or indirectly as a result of the User’s breach of these Virtual POS Terms of Use, infringement of applicable regulations, and/or violation of the rights of ATRESMEDIA CORPORACIÓN.

2. Payment via PayPal

When selecting this payment method, the user will be redirected directly to the PayPal page, which acts as the service provider. Once the purchase has been completed via PayPal, the user will have access to the Service. If the user is unable to access the Service after making payment via PayPal, they must contact us through the contact form. They may also contact us by phone at +34 911 22 05 83; for Premium users calling from outside Spain, at +34 911 79 60 27. The user should provide as much relevant and necessary information as possible in order to resolve the issue as quickly as possible. If any complications arise and the user is unable to access the Service, access will be provided again.

To download the invoice associated with a payment, the user must go to the payment history section of their profile, where they will find a list of recent payments and invoices. If a full invoice is required, the user must complete the fields with the requested information. If necessary, billing details may be edited.

3. In-App Purchases on iOS Devices

Users with iOS devices (iPhone and iPad) may make direct payments through their Apple user account. The payment will be charged to the user’s Apple ID account upon confirmation of the purchase.

4. Payment on Android Devices via Google Play

Users with Android devices may make direct payments through their Google user account.

5. Payment via Mobile Operator and Pay TV Operators

In Spain, this payment method is currently available for the mobile operators Movistar and Vodafone. The user must select their mobile operator and enter the information requested in order to subscribe to the Service directly through the operator. When using this payment method, the purchase cost will appear on the user’s operator bill. The price of the Service will be displayed on the website for each item of content.

In Latin America, it is possible to link an atresplayer account with Pay TV operators, provided that the conditions established by the operator are met. The user may select their operator, then create an atresplayer account, and finally validate the account using the operator’s credentials. If the process is successful, the user will have unrestricted access to atresplayer PREMIUM Internacional. For further information on the applicable conditions, the user should contact the operator directly.

The service provider is ATRESMEDIA CORPORACIÓN. If the user is unable to access the Service after payment via a mobile operator, they must contact us through the contact form. They may also contact us by phone at +34 911 22 05 83; for Premium users calling from outside Spain, at +34 911 79 60 27. The user should provide as much relevant and necessary information as possible in order to resolve the issue as quickly as possible. If any complications arise and the user is unable to access the Service, access will be provided again.

6. Payment via Amazon

Users with devices within the Amazon ecosystem (Fire Stick, dongles, devices, and televisions running the Fire TV OS operating system) may make direct payments through the atresplayer application on those devices. The payment will be charged to the user’s Amazon account once the purchase has been confirmed.

LIABILITY FOR ACCESS TO AND USE OF THE SERVICE

The registered user of the Service declares that they are of legal age (over 18 years old) and have the legal capacity required to contract the services offered. The user undertakes to make proper use of the Service and not to use it to engage in unlawful or illegal activities, or activities contrary to good faith or public order.

The user shall not disclose their username and password to third parties and must immediately notify ATRESMEDIA CORPORACIÓN of any access to such information by an unauthorized user. The transfer or sharing of the user account with third parties, whether free of charge or in exchange for any form of consideration, is expressly prohibited.

Atresmedia reserves the right to take any legal action it deems appropriate in the event of non-compliance.

The concept of transfer to third parties referred to in the preceding paragraph does not include shared use by members of a Family Plan, under the conditions established in the corresponding section.

BILLING

Subscription to the Service under any of the available Subscription plans will be billed on a monthly or annual basis, as applicable depending on the plan selected by the user. The billing cycle will be calculated on a date-to-date basis, starting from the moment the user is granted access to the Service. Cancellation will take effect at the end of the current billing cycle.

CANCELLATION

You may cancel your subscription at any time and will continue to have access to the Service until the end of your current billing period. Payments are non-refundable, and no refunds will be issued for partial subscription periods and/or unused content.

To cancel the Service, the user must access their user account and follow the steps indicated in the “My Account” section. Cancellation may only be managed through the user’s personal area on the atresplayer website or application (section “My Account”). Cancellation requests sent by post or through channels other than the designated personal area will not be accepted.

If you subscribed to the Service through Apple, Google Pay, or Amazon, you may manage and cancel your subscription through those applications.

Cancellation will be effective from the moment the user confirms the cancellation on the platform and receives a confirmation email. Cancellation of the subscription does not imply the automatic deletion of the user’s personal data. The exercise of the rights of access, rectification, erasure, objection, restriction of processing, or data portability must be carried out exclusively through the channel provided in the Privacy Policy (email of the Data Protection Officer or the specific form).

RIGHT OF WITHDRAWAL

You have the right to withdraw from this contract within fourteen (14) calendar days without giving any reason. The withdrawal period shall expire fourteen (14) calendar days from the date the Service is contracted, provided that the platform has not been accessed during this period.

To exercise the right of withdrawal, you must notify us of your decision to withdraw from the contract by means of an unequivocal statement (for example, by submitting a communication through the contact form). You may use the model withdrawal form, although its use is not mandatory, and send it to usuarios@atresplayer.com.

To meet the withdrawal deadline, it is sufficient that the communication concerning the exercise of this right is sent before the withdrawal period expires.

In the event of withdrawal, we will reimburse the subscription payment received from you without undue delay and, in any event, no later than fourteen (14) calendar days from the date on which we are informed of your decision to withdraw from this contract. The reimbursement will be made using the same payment method used for the initial transaction (limited to bank card, Google Pay, and PayPal), unless you have expressly agreed otherwise. In any case, no fees will be incurred as a result of the reimbursement. For subscriptions paid through third parties (Apple, Amazon, Movistar, Vodafone, Orange), users must contact those providers directly to obtain a refund.

INTELLECTUAL AND INDUSTRIAL PROPERTY

All audiovisual content offered through the Service is owned by ATRESMEDIA CORPORACIÓN or its legitimate rights holders and is protected by applicable Spanish, European Union, and international legislation. Accordingly, the reproduction, distribution, public communication, transformation, and/or making available to the public of all or part of the Service and/or its content without the prior express authorization of the legitimate rights holder is prohibited.

By renting or licensing the use of such content through subscription, the user does not acquire any ownership rights therein and may only reproduce the content for personal and family use. Any other use, access, reproduction, distribution, public communication, transformation, translation, rental, sale, commercial exploitation, or making available to third parties in any form—particularly via computer networks or remote access technologies—of all or part of the content, products, and/or services included in the Service is expressly prohibited. Unauthorized use of the Service content, products, and/or services, as well as infringement of intellectual or industrial property rights, shall give rise to the corresponding legal liabilities.

Requests for authorization to use Atresmedia content may be submitted via the following link: https://portalventas.atresmedia.com/. Reports of unauthorized use of Atresmedia content may be sent to pirateria@atresmedia.com

PERSONAL DATA PROCESSING

Basic use of the Service is subject to prior completion of the corresponding User registration.

Atresmedia Community Data Protection and Privacy Policy

In data collection forms, fields marked with an asterisk are mandatory. If the user fails to provide the required information, ATRESMEDIA CORPORACIÓN may, at its discretion, deny the corresponding service.

If the user is redirected to another website, including the website used to make payment for the Service, a privacy policy different from that of ATRESMEDIA CORPORACIÓN will apply. Such websites may also use cookies or other technologies to collect user data. ATRESMEDIA CORPORACIÓN shall not be responsible for the content of websites to which the user may be redirected.

GOVERNING LAW AND JURISDICTION

Any issues or disputes that may arise in relation to the contracted products and services shall be governed by Spanish law. ATRESMEDIA CORPORACIÓN and the user expressly submit, waiving any other jurisdiction that may apply, to the courts determined in accordance with applicable legislation.

In accordance with Article 14 of Regulation (EU) No. 524/2013, users are informed of the existence of the Online Dispute Resolution (ODR) Platform:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=ES

The email address designated by Atresmedia for receiving notifications is usuarios@atresplayer.com.

Atresmedia Corporación de Medios de Comunicación, S.A. is also a signatory to the Data Protection Code of Conduct in Advertising Activity of AUTOCONTROL, accredited by the Spanish Data Protection Agency, and is therefore subject to its out-of-court complaints handling system for matters related to data protection and advertising. Further information is available at www.autocontrol.es.

SUPPORT

In the event of any error in accessing the Service, downloading content, or for any queries regarding the terms of this contract, please do not hesitate to contact us via the contact form or by email at usuarios@atresplayer.com.