This document sets out the terms and conditions governing the use of the service called “Story Rush” (hereinafter the “Service” or the “Entertainment Option”) offered by MOOB MEDIA (the “Provider”), through which the users of Telefónica S.A. (hereinafter the “Operator”) can access, from their mobile device, tablet, laptop or PC, a catalog of microseries — short episodes of 1 to 3 minutes, organized into seasons — ideal for watching in any spare moment.
01The Service: Story Rush
Story Rush is an entertainment service that gives the customer access, through a mobile phone, tablet or computer, to an unlimited catalog of microseries — short episodes grouped into seasons — under the conditions set out in these Terms and Conditions.
Accordingly, all Operator customers who wish to do so may subscribe by requesting their registration to the entertainment option by sending an SMS with the command considered valid for that purpose to number 123 (the price of the message is equivalent to a regular text message).
By sending the word JOIN, or the command communicated for this action, to number 123, the customer will receive an SMS with the link and access instructions for the portal, the price of the service, the billing frequency and a PIN to access the entertainment option. Once logged in, the customer can enjoy all the content offered by Story Rush without limits. Browsing and data transmission charges are not included in the service. Users may also subscribe through the Operator’s website, in the digital entertainment options section, by selecting the Story Rush option, through the service’s own URL https://en.storyrush.club/ or from any other section the Operator makes available for this purpose.
The Service is provided on a daily-renewing subscription basis, that is, continuously from the moment the user activates the service until the user requests its deactivation. To unsubscribe, the user must send the word STOP to number 123 and will receive a confirmation message.
It is an essential requirement for using the subscription that the user has SMS and mobile data or WiFi services enabled, and a compatible, correctly configured mobile phone. Users must check these aspects before requesting the service.
Story Rush will send, from number 123, a text message with the portal access information and the price at least once a month. Additionally, Story Rush will send the user text messages with relevant information about new releases and activities of interest for the segment.
Use of the Service is subject to acceptance of and compliance with these Terms and Conditions, which takes effect from the moment the customer subscribes to the service. Any particular conditions, notices or operating instructions brought to the user’s attention through the Operator’s or the Provider’s website in relation to the Service will also apply.
02Scope of the service
The Service is available nationwide to any natural person with legal capacity to enter into contracts whose mobile phone line is active at the time of requesting registration to it.
The content will be available for the user to watch from the moment the registration is successfully completed. The content can be watched from any compatible device, and requires mobile data or a WiFi connection.
Any User who subscribes to the service and completes the necessary authentication steps declares and warrants full compliance with these Terms and Conditions.
03Terms of use. Intellectual property
Users undertake to make lawful use of the Service and of the content they access as a result of the Subscription, in accordance with the applicable law in force and these Terms and Conditions. Users must respect the aforementioned rules, with particular emphasis on intellectual and industrial property rights, and refrain from using the Service for unlawful purposes or in any way that infringes the rights of third parties or of the Provider. Users will be solely responsible for any damage or harm of any kind that may result from the incorrect, illegitimate or unlawful use of the Service.
The Provider is the sole owner of the content, and/or has received from the respective owners of that content a license of use. All the content that makes up the Subscription is protected by copyright under current regulations. The content may be used by Users only to the extent permitted by these Terms and Conditions and the applicable law.
Unless expressly stated otherwise, the content may not be downloaded to users’ devices.
04Liability
The responsibility and obligation to pay for sending or receiving text messages related to the Subscription lies with the holder of the mobile number used for that purpose, and cannot be contested on the grounds of loss, theft, robbery, misplacement or malfunction of that mobile device, unless it was reported to the Operator, through its customer service centers, before any sending or receiving of such messages.
The Provider and the Operator cannot be held liable for any damage or harm caused or that may be caused to Users or third parties, in their persons or property, by the contracting or use of the Service. Nor will they be liable in case of dissatisfaction with the content of the service. In such cases, users are free to unsubscribe by sending the word STOP to number 123.
The Provider is not responsible for Subscriptions that do not contain the requested data or that contain incorrect data, nor for text messages that do not include the keywords established for accessing the Service. Nor is it responsible for requests or submissions not accepted by the Provider’s technology platform, or for delays in the viewing of content, text messages or any other submission related to the Subscription, for any cause not attributable to the Provider, including but not limited to network connectivity failures, excess or saturation of network traffic, and/or any characteristic of mobile phones that prevents the transmission of such submissions or requests.
The Provider reserves the right to make any kind of change to the mechanics of the Subscription without prior notice, with the sole requirement of communicating any relevant change on the website and other media.
05Jurisdiction
Any relationship arising under this Service between Users and the Provider will be governed and entered into in full subject to the laws of the national territory, with Users waiving any other law whose application they may be entitled to.
These Terms and Conditions are governed by the law of the national territory. For any dispute that may arise from the provision of the Services or the interpretation and application of the Terms and Conditions, the Provider and the Users agree to submit to the competent courts, expressly waiving any other forum or jurisdiction that may apply to them.