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TERMS AND CONDITIONS OF USE

These Terms and Conditions of Use (the “Terms”) govern access to and use of the Ole Distribution website, currently available at https://www.oledistribution.com/ (the “Site”), operated by Ole Distribution, LLC (“Ole Distribution,” “OLE,” “we,” “us,” or “our”).

By accessing, browsing, or using the Site, you acknowledge that you have read and understood these Terms and agree to be bound by them.

If you do not agree with these Terms, you must refrain from using the Site.

 

1- About Ole Distribution and the Site

Ole Distribution conducts activities related to the distribution and commercialization of television channels and other services and opportunities connected with the media and entertainment industry in Latin America.

The Site is primarily corporate, informational, promotional, and commercial in nature and is intended, among other purposes, to:

  • present Ole Distribution and its activities;
  • present channels and groups of channels included in its portfolio;
  • provide information regarding programming, content, and developments related to such channels;
  • provide information regarding distribution services;
  • communicate industry news and developments;
  • promote relationships with operators, platforms, distributors, and other industry participants;
  • facilitate contact with prospective customers, partners, and other interested persons; and
  • present commercial opportunities related to the portfolio represented by Ole Distribution.

Descriptions, materials, images, references to content, and other information published on the Site are provided for general informational and promotional purposes.

 

2- Scope of These Terms

These Terms govern exclusively access to and use of Ole Distribution’s public Site.

They do not, by themselves, govern:

  • channel distribution;
  • licensing or sublicensing of rights;
  • retransmission of signals;
  • linear or non-linear distribution;
  • content availability;
  • provision of services to operators or platforms;
  • representation relationships;
  • affiliate sales agreements;
  • distribution agreements;
  • license agreements;
  • carriage agreements; or
  • any other commercial relationship between Ole Distribution and a customer, licensor, operator, platform, supplier, or third party.

Such activities may be subject to contracts, licenses, work orders, distribution agreements, affiliation agreements, commercial terms, and other specific documents agreed upon between the parties.

In the event of a conflict between these Terms and a specific agreement entered into in connection with a channel, content, right, or service, the specific agreement shall prevail with respect to the relevant matter.

 

3- Information Available on the Site

Ole Distribution endeavors to ensure that the information published on the Site is useful and reasonably up to date.

However, information relating to:

  • channels;
  • programming;
  • premieres;
  • films;
  • series;
  • programs;
  • content;
  • trademarks;
  • territories;
  • platforms;
  • operators;
  • rights;
  • availability;
  • dates;
  • commercial characteristics; and
  • other information related to the portfolio,

is general, informational, and promotional in nature.

The information contained on the Site:

  1. does not constitute a binding contractual offer;
  2. does not constitute a license or grant of rights;
  3. does not guarantee the availability of any particular channel or content;
  4. does not guarantee the availability of rights in any particular territory, platform, medium, window, language, or period;
  5. does not constitute a definitive representation regarding the scope of rights controlled, represented, or distributed by Ole Distribution;
  6. does not replace specific commercial or contractual confirmation; and
  7. may be modified, updated, replaced, or removed at any time.

Any right, service, or commercial condition must be expressly confirmed by Ole Distribution and will be subject to the corresponding written agreement.

 

4- Availability of Channels and Content

The inclusion on the Site of any channel, program, film, series, event, image, trailer, clip, promotion, or other content is for promotional and informational purposes.

Such inclusion does not constitute a representation or guarantee that:

  • the channel or content is available for distribution or licensing in any particular territory;
  • Ole Distribution controls all rights related to such channel or content;
  • all media, platforms, or forms of exploitation are available;
  • availability exists for pay television, OTT, streaming, FAST, AVOD, SVOD, TVOD, or any other model;
  • linear or non-linear rights are available;
  • catch-up, start-over, cloud DVR, VOD, or similar rights are available;
  • all languages are available;
  • any specific licensing window or period is available; or
  • the published information will remain current at a later date.

The availability and scope of any right will be subject to express confirmation by Ole Distribution and to the terms of the corresponding written agreement.

 

5- Territories and Rights Restrictions

Ole Distribution conducts activities in different territories throughout Latin America and in other jurisdictions, as applicable.

However, the rights associated with a channel or content may vary substantially by:

  • country or territory;
  • operator;
  • platform;
  • language;
  • distribution model;
  • technology;
  • window;
  • licensing period;
  • degree of exclusivity; and
  • other contractual restrictions.

A general reference on the Site to “Latin America,” “LATAM,” a region, or a group of countries shall not be interpreted as a statement that all rights presented are available in all such territories.

Availability must be confirmed on a case-by-case basis.

 

6- Programming, Premieres, and Dates

The Site may include news, premiere dates, schedules, programming, launches, or other references related to channels or content.

Such information may be subject to change by decision of the applicable channel, content owner, programmer, operator, Ole Distribution, or other third parties involved.

Accordingly:

  • dates may change;
  • schedules may vary by country or operator;
  • programs may be replaced;
  • certain content may not be available in all territories; and
  • final programming will be that communicated or implemented by the applicable channel, operator, or platform.

Ole Distribution does not guarantee that all promotional information will remain current after publication.

 

7- Portfolio and Third-Party Representation

Ole Distribution distributes or represents channels, brands, and services owned by third parties.

The Site may refer to companies, media groups, channels, brands, and third-party content.

All third-party trademarks, trade names, logos, and related rights belong to their respective owners.

The inclusion of a company, channel, or brand on the Site reflects the relationship or authorization applicable to the relevant context, but shall not be interpreted as:

  • a transfer of ownership;
  • a corporate relationship other than that expressly stated;
  • a representation with respect to all products or services of such third party;
  • authorization to use its trademarks or content; or
  • a guarantee that a particular commercial relationship will remain in effect indefinitely.

 

8- Intellectual Property in Audiovisual Content

Films, series, programs, photographs, trailers, clips, key art, posters, characters, channel logos, promotional materials, and other audiovisual or graphic content presented on the Site may be owned by third parties and used by Ole Distribution pursuant to the applicable authorizations.

The presence of such materials on the Site does not grant the user any right of:

  • reproduction;
  • exhibition;
  • transmission;
  • retransmission;
  • distribution;
  • public communication;
  • adaptation;
  • modification;
  • synchronization;
  • sublicensing;
  • downloading;
  • commercial exploitation; or
  • any other form of use.

Any use of such materials will require authorization from the applicable rights holder, except where expressly permitted by applicable law.

 

9- Intellectual Property in the Site

Without prejudice to the third-party rights described above, the Site and Ole Distribution’s proprietary elements, including its design, structure, corporate text, graphics, interfaces, logos, trademarks, databases, and other proprietary materials, are owned by Ole Distribution, its affiliates, or their respective licensors and are protected by applicable intellectual property laws.

“Ole Distribution,” its logos, and other distinctive elements may not be used, reproduced, or modified without the prior written authorization of the applicable rights holder.

Ole Distribution grants only a limited, personal, revocable, non-exclusive, and non-transferable right to access and use the Site in accordance with these Terms.

 

10- Requests for Information and Commercial Contact

The Site allows operators, platforms, prospective customers, partners, and other interested persons to contact the Ole Distribution team.

Requests may relate, among other matters, to:

  • channel availability;
  • signal onboarding;
  • distribution;
  • programming;
  • commercial opportunities;
  • agreements with operators or platforms; and
  • other projects related to Ole Distribution’s activities.

Submitting a form, email, or request:

  1. does not constitute an engagement;
  2. does not constitute a license;
  3. does not constitute a reservation of rights;
  4. does not constitute acceptance of a proposal;
  5. does not guarantee the availability of any channel or right;
  6. does not guarantee any particular price, territory, period, exclusivity, or commercial terms; and
  7. does not, by itself, create a contractual relationship between Ole Distribution and the user.

Any future commercial relationship will be subject to negotiation and execution of the applicable agreement.

 

11- Confidential Information and Proposals

Users should not use the Site’s general form to provide highly confidential information, trade secrets, credentials, financial information, sensitive personal data, or audiovisual materials whose delivery is subject to restrictions.

The unsolicited submission of information through the general form does not, by itself, create a contractual confidentiality obligation other than that arising under applicable law or a written agreement between the parties.

Where it is necessary to exchange confidential information in order to evaluate a commercial opportunity, the parties may enter into a confidentiality agreement or use other appropriate mechanisms.

 

12- Permitted Use of the Site

The user agrees to use the Site solely for lawful purposes and in accordance with these Terms and applicable law.

It is prohibited to:

  1. use the Site for any unlawful, fraudulent, or abusive purpose;
  2. attempt to obtain unauthorized access to the Site, servers, systems, accounts, networks, or databases;
  3. interfere or attempt to interfere with the operation, availability, or security of the Site;
  4. introduce viruses, malware, malicious code, or technologies intended to affect the Site;
  5. conduct vulnerability testing, penetration testing, or similar activities without prior written authorization;
  6. use bots, crawlers, scrapers, or other automated mechanisms to systematically extract information, images, metadata, or content;
  7. use portfolio information to create an unauthorized commercial database;
  8. copy, download, or reuse images, posters, trailers, clips, or promotional materials without authorization;
  9. impersonate another person or entity;
  10. provide false or misleading information;
  11. use the Site in a manner that infringes the rights of Ole Distribution or third parties; or
  12. commercially exploit Site content without authorization.

 

13- Third-Party Links and Services

The Site may contain links to websites, social media platforms, digital platforms, or resources operated by third parties.

Ole Distribution does not control such services and will not be responsible for their content, availability, security, privacy practices, or terms of use.

Access to external sites is at the user’s own risk and will be subject to the terms established by the applicable third party.

 

14- News and Editorial Content

The Site may publish news, articles, releases, and other information related to Ole Distribution, its partners, represented channels, or the industry.

Such content is informational and may include materials or information provided by third parties.

Ole Distribution may modify, update, or remove such content at any time.

Publication of a news item does not constitute a guarantee of availability of any channel, content, or right described therein.

 

15- Site Availability and Modifications

Ole Distribution may, at any time:

  1. modify Site content;
  2. modify the presentation of channels or content;
  3. add or remove functionalities;
  4. update information;
  5. temporarily suspend the Site for maintenance or security reasons; or
  6. discontinue all or part of the Site.

Although Ole Distribution implements reasonable measures intended to maintain the operation of the Site, it does not guarantee that the Site will remain permanently available, error-free, or uninterrupted.

 

16- Security

Ole Distribution implements reasonable technical and organizational measures designed to protect the Site and information processed through it against unauthorized access, loss, alteration, or improper disclosure.

However, no Internet-connected system can guarantee absolute security.

Specific security obligations related to any commercial relationship or service will be subject, where applicable, to the relevant agreement.

 

17- Disclaimer of Warranties

To the fullest extent permitted by applicable law, the Site and its contents are provided “as is” and “as available.”

Ole Distribution does not warrant that:

  1. all published information will at all times be accurate, complete, or current;
  2. any particular channel or content will remain within its portfolio;
  3. any right will be available in a particular territory, medium, or model;
  4. programming schedules or dates will not change;
  5. the Site will operate without interruptions or errors;
  6. all errors will be corrected immediately; or
  7. the Site will be compatible with all devices, browsers, or systems.

Nothing in this section shall limit rights that may not be excluded under applicable law.

 

18- Limitation of Liability

To the fullest extent permitted by applicable law, Ole Distribution, its affiliates, shareholders, directors, officers, employees, representatives, and providers shall not be liable for indirect, incidental, special, consequential, or punitive damages arising exclusively from access to, use of, or inability to use the Site.

Ole Distribution will also not be responsible for commercial decisions made exclusively on the basis of general or promotional information published on the Site without first obtaining the appropriate commercial confirmation.

This limitation applies exclusively to the Site and does not modify the obligations or limitations of liability established in specific agreements.

 

19- Privacy and Cookies

The processing of personal data related to access to and use of the Site is described in our Privacy Notice, available at [LINK].

The Site may also use cookies, pixels, and similar technologies in accordance with our Cookie Policy and, where applicable, the preferences selected by the user.

 

20- Changes to These Terms

Ole Distribution may update these Terms when necessary to reflect legal, regulatory, technological, operational, commercial, or Site-related changes.

The current version will be available on this page and will identify the date of its last update.

 

21- Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States of America, without prejudice to any mandatory provisions of local law that may apply.

Any dispute arising exclusively from access to or use of the Site shall be submitted to the competent courts of Miami-Dade County, Florida, unless applicable law mandatorily provides otherwise.

This provision does not modify the governing law or jurisdiction established in specific agreements entered into with Ole Distribution.

 

22- Contact

For inquiries related to these Terms:

Ole Distribution, LLC
2525 Ponce de Leon Boulevard, Suite 250
Coral Gables, Florida 33134
United States of America

Email: contacto@oledistribution.com