Later – Website Terms of Use

Later Website Terms of Use between Later, owned and operated by Talented Mr. Luca Ltd. and You, the user of this website.

The Later Website Terms of Use set out below (the Agreement) governs Your use of the Later website located at www.later.tv (the Later Website) and forms a binding agreement between Later and You in relation to Your use of the Later Website.

Please read all of the Agreement carefully before using the Later Website. If You have any questions, please contact contact@later.tv. By using the Later Website, You acknowledge and agree that You have had an opportunity to read and understand all of this Agreement and the Later Website Privacy Policy and You agree to be bound by their terms and conditions. If You do not agree with the terms set out in this Agreement or the Later Website Privacy Policy You should not access or use the Later Website.

You should carefully read and agree to this Agreement each time You use the Later Website. Whilst Later hopes not to have to alter this Agreement, it is likely that changes will be required from time to time. Later reserves the right to change, modify, add or remove sections of this Agreement and to add, change or discontinue the products, services, programs and information contained in, or any other aspect of, the Later Website at any time and without liability. By using the Later Website, You agree that the then current version of this Agreement applies to Your use of the Later Website.

1. General Requirements

1.1. Later will make the Later Website available to You on the terms and conditions set out in this Agreement.

1.2. You must use the Later Website only in accordance with this Agreement.

2. Intellectual Property Rights

2.1. The Later Website and all Later Marks (all intellectual property rights that subsist in the Later Website and Later Service, including without limitation copyright, trade marks, patents, design rights and all other forms of intellectual property existing in the world) are owned and operated by Later. Nothing in this Agreement constitutes transfer of any intellectual property rights.

2.2. You may download and view material on the Later Website for Your own personal domestic use only, provided You do not:

(a) modify the content (including, without limitation, any copyright notice) in any way;

(b) make the content public; or

(c) use the content in a manner or for a purpose prohibited by this Agreement.

2.3. You must not do anything which breaches or otherwise interferes with Later’s intellectual property rights or the intellectual property rights of any of Later’s third party licensors. Except as expressly permitted by this Agreement or by law, You may not reproduce any content appearing on the Later Website.

2.4. You must not distribute, publish, transmit, modify, display or create derivative works from or exploit the contents of the Later Website or Later Service in any way.

2.5. All rights not expressly granted are reserved by Later.

3. Later Website access

3.1. Later reserves the right to modify, discontinue or disable the Later Website or any part of the Later Website (on a permanent or temporary basis) at any time.

3.2. You must not use the Later Website for any unlawful purpose.

3.3. You must not violate or attempt to violate the security of the Later Website.

3.4. If You breach the terms of this Agreement, Later may (at its option, and without limiting the remedies available to Later in any way) terminate its agreement with Your or bar You from accessing the Later Website on a temporary or permanent basis.

4. Warranties

4.1. You represent and warrant to Later that:

(a) You have the legal capacity to enter into this Agreement; and

(b) in using the Later Website, You will act in accordance with all applicable laws and regulations and in accordance with this Agreement.

5. Liabilities

5.1. To the full extent permitted by law, neither Later nor any party involved in creating, producing or delivery the Later Website accepts any liability for the accuracy, timeliness or completeness of the information contained on the Later Website or any responsibility for any errors or omissions in the content on the Later Website, whether or not Later is aware of such errors or omissions.

5.2. Later is provided ‘as is’ and ‘as available’ for Your use, without any representation, warranties or conditions of any kind.

6. Links to Other Sites

6.1. The Later Website may contain links to other independent third-party web sites. These linked sites are provided solely as a convenience to our visitors. Such linked sites are not under Later’s control, and Later is not responsible for and does not endorse the content of such linked sites, including any information or materials contained on such websites. You will need to make Your own independent judgment regarding Your interaction with these linked sites.

7. Your Data

7.1. Later uses various technologies to collect and store information, including cookies, pixel tags, local storage, such as browser web storage or application data caches, databases and server logs. You understand that Your personal information may be transferred or transmitted over various networks without encryption. Later guarantees that sensitive payment details are secured and encrypted during network transmissions. Later will never provide Your personal information to anyone else except as set out in this privacy policy, our general terms or if we sell our business in whole or in part.

8. Miscellaneous

8.1. Certain features or services offered on or through the Later Website may require You to open an account. You may not use anyone else’s ID, password or account at any time without the express permission and consent of the holder of that ID, password or account. Later cannot and will not be liable for any loss or damage arising from Your failure to comply with these obligations.

8.2. This Agreement is governed by the laws of the Kingdom of Spain, and the parties submit to the non-exclusive jurisdiction of the courts of the Kingdom of Spain and waive, without limitation, any claim or objection based on absence of jurisdiction or inconvenient forum.

Later – Service Terms of Use

Before You access any content on Your Later service (Later, Service), carefully read this agreement. By using Later, You agree to these terms of use. We may change or update these Content Terms of Use from time to time.

This policy applies to Your use of Service and Content (inclusive of all copyright, trademarks and all other intellectual property rights) on Later and supplements the Terms of Use.

1. Copyright

1.1. Any Content (including television programs, feature movies, TV shows, music videos ) which is made available to You through Later is subject to copyright. You may use the Later to record certain programming Content as permitted by Later or in accordance with the exemptions in the Article 5(2)b of the InfoSoc Directive. (in respect of reproductions on any medium made by a natural person for private use and for ends that are neither directly nor indirectly commercial). This exemption allows You to record linear channels and Content comprised in free-to-air channels solely for private and domestic use for watching at a time more convenient than when the programming Content was originally broadcast.

1.2. In regard to any Content that was made available to You through Later, as defined in Section 1.1.,, Later does not permit You to:

  • sell
  • offer or expose for sale or borrowing
  • distribute
  • make recordings to be seen or heard in public.

1.3. You must not, and You will not assist, facilitate or authorise anyone else to, access, copy, transfer, publish, rent, reproduce, record, transmit, frame, distribute alter, make available or commercially exploit any of the Content other than as permitted by this policy or by law and You must not circumvent or remove, reverse engineer, decrypt, decompile, disassemble, alter, deactivate, degrade or attempt to thwart any of the functionality or Content protections in Later or the associated Content management system.

1.4. The delivery of the Content does not transfer to You any commercial or promotional use rights in the Content. All other rights in the Content are reserved to Content Providers, Content Providers’ licensors and the copyright holder(s), and any other use is strictly prohibited.

1.5. You may not copy, redistribute, sell, rent, lease, transfer or sublicense the Content. You may not attempt to circumvent, avoid, bypass, remove, deactivate, impair or otherwise defeat any encryption, rights signaling or copy protection technology in which the Content is wrapped or otherwise associated with, and You may not edit, modify, translate or create derivative works or adaptations of the Content. In addition, You may not decompile, copy, reproduce, reverse engineer, disassemble or otherwise reduce the computer file in which the Content is stored to a human-readable form. You may not duplicate or otherwise reproduce (including but not limited to “burning”) the Content, or any portion thereof, onto any physical medium, memory or device, including but not limited to CDs, DVDs, VCDs or any other such device, including but not limited to, any computers or other hardware, or other medium now known or hereinafter devised.

1.6. You therefore may not use Later in a manner that violates or infringes someone else’s rights of privacy, publicity, trademark, patent, copyright, or other intellectual-property right.

2. Access

In order to access certain features of the Later, You will have to create a Later account. You may never use another User’s account without permission of such User. When creating Your account, You must provide accurate and complete information as may be requested by Later. You are solely responsible for the activity that occurs on Your account and You must keep Your account password confidential and secure. You must notify Later of any breach of security or unauthorized use of Your account immediately to the extent You become aware of a breach or of unauthorized use. Although Later will not be liable for Your losses caused by any unauthorized use of Your account, You may be liable for the losses of Later to such instances of unauthorized use.

3. Content

Later does not provide any channels, sources or media. All content is to be obtained legally by You. You are responsible for obtaining lawful access to the Channels and Content and paying all subscription fees for the Channels and Content You want to record. Later does not encourage streaming of copyrighted material without permission from the copyright holders.

All Content is recorded “as is,” with no alterations or reprocessing.

You can launch any number of recordings on various channels simultaneously, without any constraint on the available bandwidth or their reception device. The program to be recorded is selected from the available EPGs. The precision of the recording depends on the information used to tag the beginning and the end of a program. It is possible that some content is only kept for a given duration.

Later reserves the right to decide whether Content complies with these Terms of Service, and intellectual property law, as well as, but not limited to, pornography, and obscene or defamatory material. Later may remove such Content in violation of the intellectual property laws at any time, without prior notice and at its sole discretion. Later may take any other action that it deems necessary relating to use or misuse of the Later Service.

4. Storage

Later uses a Private-Copy Model and allows You to store up to [300] hours of recorded content. The Content may only be stored to Your Later Account. Your account can be accessed from devices such as computers, mobile telephones, laptops, tablets and other hand held devices that utilise iOS or Android operating systems, games consoles and internet connected televisions. The storage and maximum number of registered devices per account may vary depending on Your subscription.

Once Your storage capacities have been exceeded, You will be unable to make new recordings unless You:

  • Purchase additional storage
  • Remove old recordings

5. Classification of Content

You are responsible for reviewing all classification information supplied for each piece of content for the purpose of informing, and where appropriate safeguarding, other viewers of the content. When You allow children or Young people to view content via Later, You are responsible for making sure that the content is suitable for them.

(c) Using Later may allow You to record and access Mature Content (being Content rated MA15+ or R18+). You are responsible for ensuring that only persons over 15 years of age are authorised to view MA15+ content and persons aged over 18 years of age are authorised to view R18+ content on any of Your devices.

6. Commercial Terms

6.1. You may procure Later Service by purchasing a subscription through an authorized sales channel. Subscription to certain Later Services may require a minimum subscription commitment period. Where applicable, this requirement will be shared with You at the time of Your subscription. Certain sales channels may have additional terms and conditions applicable to the purchase of Later Services, which will apply in addition to, and not in replacement of, these Terms of Service. You are responsible for ensuring that You understand such additional terms and conditions before subscribing to Later Service.

6.2. You may purchase a subscription to Later Service by executing a subscription order in the form provided by Later and submitting it physically or electronically through the dedicated subscription portal, by email or other supported means as defined by Later from time to time (an “Order”). The Order will, amongst other things, identify the Later Service requested by You together with: (i) the Service pertaining to the subscription; (ii) the subscription plan, tier or option selected by You (the “Plan”); (ii) the amounts payable to Later for the subscription to such Plan (the “Fees”); (iii) the subscription period; (iv) the applicable taxes, if any; and (v) such other details as may be relevant for the Order or the provision of the relevant Service.

6.3. An Order will become binding when it is received and accepted by Later either in writing or through other supported manual or automated mechanisms (such as, for example, Later provisioning portal). Later may also accept an Order by making available the requested Service to the You.

6.4. Later subscription Fees are subject to change at any time. We will give You a notice in that regard, either by email, through the Later Service, the Later Service subscription portal, by publishing such changes on our website or through other means available to us. However, such changes will not impact any current subscription that You may have until the expiration of Your then-current subscription Plan term.

6.5. Later may make available for purchase, in relation to a given Plan, certain additional capabilities, enhancements or other optional features that are not included by default in that Plan (each an “Optional Feature”). If You wishes to procure any Optional Feature in relation to Your Plan during its term, the Fees pertaining to each such Optional Feature will be charged at the prices in effect at the time the subscription to the Optional Feature is purchased by You, but prorated to the remainder of the then-current subscription term left in the Plan. Purchased Optional Features will be linked to the specific Cloud Service Plan subscribed to by You and will, therefore, be automatically renewed or terminated at the same time as the main Plan.

6.6. The original term of Your subscription to the Plan will expire at the end of the subscription period defined in the Order or such other period covered by the Plan following the Start Date (the “Initial Term”). Unless expressly stated otherwise on the Order, upon the expiration of the Initial Term, Your subscription to the Plan (and to related Optional Features, if any) will automatically renew for additional successive periods of the same duration as the Initial Term (each a “Renewal Term”; and all Renewal Terms together with the Initial Term are referred to as the “Subscription Term”), unless You cancel Your Subscription in meantime.

6.7. If You choose to upgrade Your Plan during its Initial Term or a Renewal Term to another Plan, then we will apply, as a credit towards Your payment of the subscription Fees for the new Plan, the prorated Fees until the end of such Initial Term or Renewal Term (as applicable) under the old Plan. As such, You will be required to only pay the outstanding balance of Fees payable to Later for the new Plan until the expiration of such Initial Term or Renewal Term (as applicable). For clarity, no refund will be issued for any prepaid Fees in case of Plan downgrades.

6.8. Unless expressly stated in the Order or otherwise agreed to in writing between You and us, subscriptions to Later Services must be paid for via a valid credit or debit card (through major payment card networks generally accepted by Later). If You opted for a pre-authorized method of payment, You are expressly authorizing us to have charged all the Fees and other applicable charges pertaining to Your procurement of Later Services to the payment card that You’ll have provided in relation to Your subscription, which includes the Fees for recurring payments for subscriptions, payment for any Optional Features, as well as any other charges payable under Your Plan or the Terms of Service.

6.9. Unless otherwise agreed to in writing by You and us, all payments will be processed by a third-party and Later will not store Your payment card data. Payment processing will be subject to the payment processor’s terms and conditions and privacy policy. For the purpose of this section, payment processing is deemed to be a ThirdParty Service, as defined in the Terms of Service, and Later shall have no liability to You for such payment processor’s access and use of Your payment card data and such payment processor’s compliance with its own terms of service and privacy policy

7. Termination

You’re free to stop using Later at any time. We reserve the right to suspend or terminate Your access to the Services with notice to You if:

(a) You’re in breach of these Terms,

(b) Your use of Later would cause a real risk of harm or loss to us or other users.

We’ll provide You with reasonable advance notice via the email address associated with Your account to remedy the activity that prompted us to contact You. If after such notice You fail to take the steps we ask of You, we’ll terminate or suspend Your access to Later.

We won’t provide notice before termination where:

(a) You’re in material breach of these Terms,

(b) we’re prohibited from doing so by law.

8. Discontinuation of Services

We may decide to discontinue the Services in response to exceptional unforeseen circumstances, events beyond Later’s control (for example a natural disaster), or to comply with a legal requirement. If we discontinue the Services in this way before the end of any fixed or minimum term You have paid us for, we’ll refund the portion of the fees You have pre-paid but haven’t received Services for.

9. Availability

Later makes no representation that the Web site or the Service thereof are appropriate or available for use in all locations. Accessing the Web site from territories where its contents are not permitted by law is strictly prohibited. If You choose to access the Web site from any such territory, You do so on Your own initiative and are responsible for compliance with local laws. All Later services are offered only in jurisdictions where they may be legally offered for sale.

10. NO WARRANTY

LATER WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSSES OR DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE USE OF THIS WEB SITE AND SERVICE, ANY INFORMATION OR CONTENT AVAILABLE ON THIS WEB SITE OR SERVICE, OR ANY OTHER WEB SITE YOU MAY ACCESS THROUGH THIS WEB SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

11. Indemnity

You agree to defend, indemnify and hold Later and its affiliates harmless from any and all claims, liabilities, costs and expenses which are related to any violation of the terms or which arise in connection with Your use of or access to the Web site and Service.

12. General

You agree that: (i) Later shall be deemed solely based in the Kingdom of Spain; and (ii) Later shall be deemed a passive website that does not give rise to personal jurisdiction over Later, either specific or general, in jurisdictions other than the Kingdom of Spain. The Terms of Service shall be governed by the laws of the Kingdom of Spain. Any claim or dispute between You and Later that arises in whole or in part from Later shall be decided exclusively by a court of competent jurisdiction located in the Kingdom of Spain.