MediaGate TV Hospitality Cloud Management System Terms of Use

Effective as of: September 6, 2019

Welcome to MediaGate's Hospitality TV Cloud Management System, which is made available to you by Shaar Lamedia Ltd. and Mediagate Europe a.s. As part of our services, we provide to selected staff members of our clients, accounts that give them the ability to manage MediaGate TV Systems through the cloud (MediaGate Cloud Account Members). This authorization will allow the Account Members to manage and customize a variety of features in the MediaGate TV Systems registered under their Client's Cloud Account.

Article 1. Purpose

The purpose of these Terms of Use is to set out the rights and obligations of Shaar Lamedia Ltd. and Mediagate Europe a.s. (the Company or We) and the MediaGate TV Cloud Member (You) in relation to the use of a MediaGate Cloud Account provided by the Company, and other basic matters, including the terms and conditions of the use of the Services provided by the Company and relevant procedures for the use.

Article 2. Information about us

Shaar Lamedia Ltd. is a corporation registered in Israel under registration number 514186188 with its registered office at 22 Ehud St., Tel-Aviv 6993622, Israel. Our main trading address is 80 Nordau Blvd., Tel-Aviv 6962023, Israel and our email address is info@mediagate.tv. Mediagate Europe a.s. is a corporation registered in Czech Republic under registration number 19495412 with our traiding address V Olsinach 2300/75, Prague 10000, Czech Republic.

Article 3. Definition

The capitalized terms used in the Terms of Use shall have the following meanings respectively ascribed thereto:

  • Services means any and all TV and Internet-based services provided by the Company to the MediaGate Cloud Account Member, including without limitation.
  • Each Client's Cloud Management System manages only the MediaGate TV Systems listed under the specific client account. Each such separate system is called Client's Cloud Account.
  • ID means a combination of letters and numbers or an email address selected by the MediaGate Cloud Account Member and approved by the Company for the identification of the MediaGate Cloud Account Member and for the use of the Services.

Article 4. Changes to the Services

We are always striving to update and improve our products and services to give our customers the best possible service.While we are not under any obligation to update or improve the Services, we may choose to make changes to the Services from time to time subject to MediaGate's internal policies without prior notice in order to:

  • Improve functionality or offer you additional or alternative functionality;
  • Add new features or remove unused or unpopular features;
  • Change a service provider or a business partner for a certain feature;
  • Provide a fix for identified bugs or errors;
  • Address an actual or potential security breach; or
  • Comply with a change in applicable laws or regulations.

If we do make any significant changes to the Services, we will inform you as necessary by appropriate means.Please note that third parties such as content providers may upgrade/update or remove their services and content from time to time due to their policies and that we do not accept any responsibility for any such upgrades/updates or removals.

Article 5. Eligibility for Creation of a MediaGate Cloud Account

There may be a few MediaGate Cloud Account Members on each Client's Cloud Account. Each client will decide which of his staff members will get the eligibility to be a MediaGate Cloud Account Member in his Client's Cloud Account.

A person who has got eligibility for creation of a MediaGate Cloud Account is eligible for registration if all of the following conditions are met:

  • such person agrees to this Terms of Use;
  • his/her identity is verified in such a verification process as adopted by the Company;
  • his/her eligibility is approved by our Company.

Article 6. Restriction on the use of the Service

By registering as a MediaGate Account Member, you agree not to, nor will allow any third party:

  • Rent, lease, loan, or sell access to MediaGate TV Services Resources;
  • Modify, copy, reproduce, rebroadcast, or retransmit any content that you may access through the use of the Services, except in accordance with the right granted to you under relevant paragraphs below or as authorized by applicable law;
  • Disassemble, reverse engineer or otherwise decompile MediaGate TV appliances and/or any software, applications, upgrades or updates made available through the Services of MediaGate TV, except as authorized by applicable law or license terms;
  • Otherwise, use the Services in any way or for any purpose which may infringe the intellectual property rights of any third party;
  • Use any robot, spider, script, or any manual or automated program or other means to extract, download, index, create multiple accounts, frame, enclose, mine, scrape, reproduce, or circumvent the presentation, operation, or intended use of any feature, function, or part of the MediaGate Services.
  • Access or use the Services for any unlawful purpose; or
  • Engage in activities that interfere with or disrupt the services offered through any other server, network, service or website associated with the MediaGate TV service;

We may terminate these Terms of Use at any time by providing a notice of termination to you or by other suitable means which ensure that you will be able to take note of the termination.

We reserve the right to terminate these Terms of Use at any time if:

  • You or one of your Client's Account Members cause a breach of these Terms of Use;
  • You or one of your Client's Account Members have clearly expressed or demonstrated (regardless of whether directly or through your actions or statements or otherwise) that you do not intend to comply with these Terms of Use;
  • We or any of our suppliers or partners providing the Services decide to terminate the Services, in whole or any parts thereof, or if any of our suppliers or partners decide to terminate the entire relationship with us, regardless of the reason of such termination, including where we or any of our supplier or partner are of the opinion that the provision of the Services or parts thereof to you or to us or together with us are no longer commercially feasible; and 
  • We or the responsible person on behalf of your Client Account or any of our suppliers or partners providing the Services to or together with us are required to terminate the provision of the Services or any parts thereof by the applicable laws, regulations or court rulings.

Article 7. Use of the MediaGate Cloud Account

The MediaGate Cloud Account Member may, through the Identification Service that he chooses (Facebook or Google), log in onto the Service. to which he/she has subscribed. The scope of services available upon login shall be limited to the Services to which he/she has subscribed (i.e., for which he/she has agreed to the terms of use applicable to that Service, and his/her subscription to that Service has been approved by the Company).

You may request the deletion of your account and associated data through administration contact defined in the General agreement with Company.

Article 8. MediaGate Cloud Account Member's Obligations for the ID and the Password

The MediaGate Cloud Account Member shall be liable for the management of his/her ID and Password and shall be solely liable for any and all results arising from a cause attributable to the MediaGate Cloud Account Member (such as, negligent management of his/her ID or Password).

The MediaGate Cloud Account Member shall not allow a third party to use his/her ID or Password. Once the MediaGate Cloud Account Member becomes aware of a third party's use of his/her ID or Password, or theft of his/her ID or Password, the MediaGate Cloud Account Member shall immediately notify the Company thereof and follow the guidance of the Company.

The Company may request the MediaGate Cloud Account Member to change his/her Password or otherwise take a necessary action, to protect such member's personal data and to prevent any other illegitimate use of the Services. Immediately upon the request by the Company, the MediaGate Cloud Account Member shall use his/her best efforts to comply with the request of the Company.(4) The MediaGate Cloud Account Member shall be solely liable for any disadvantages arising from his/her failure to perform his/her obligations pursuant to this Article.

Article 9. GDPR Compliance and Data Management

The General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679) is a regulation by which the European Parliament, the Council of the European Union and the European Commission intend to strengthen and unify data protection for all individuals within the European Union (EU). It also addresses the export of personal data outside the EU.

As stated above, the MediaGate's Hospitality TV Cloud Management System gives the Cloud Account Members features and functions to provide guest services. In order to provide high-level and personalized service to your guests, the system collects necessary information about them, among the rest, from the PMS (property management software) system used by you.

Therefore, the Company implements appropriate technical and organizational measures, in an effective way, in order to meet the requirements of this Regulation and protect the rights of data subjects'. We hold and process only the data absolutely necessary for the completion of our services and duties (data minimization), as well as limiting the access to personal data to those needing to act out the processing.

Also, we undertake not to use any information recorded in our systems about our clients, in any way or form apart from information that is necessary to enable us to provide you with a better service and optimally adjusted to your needs.

Article 10. Cookie Policy

This website exclusively deploys a single necessary cookie called "mgcloudassession", which is crucial for the core functionality of our system. It serves the specific purpose of linking HTTP requests to maintain a continuous, secure session and contains only a unique session identifier, a form of non-personal information. It is crucial to underscore that no non-essential cookies, including those designed for tracking personal information or user browsing habits, are utilized on this platform.

Our use of this essential cookie aligns with GDPR and ePrivacy Directive regulations, and does not require explicit user consent due to its critical role in system functionality.

Article 11. Related Messages and Advertising

Advertising and messages may be displayed to your guests or end-users while they use MediaGate TV Services. Those advertisements and messages can be sent by you via our Cloud Management System or by other approved related third parties.

You are solely responsible for the content of the messages and advertising material. We do not accept any responsibility for the content of the messages or advertising material sent by you or by any third party, including any errors, omissions or inaccuracies in such material.

Article 12. Third Party Apps and Services

The Services provide access to apps and link to other services owned and operated by third parties, that provider may collect, receive or use information such as Device Information or Basic Usage Information.

Any third party apps, services and content that you access via the MediaGate Services are made available to you by these third party providers and are outside the scope of these Terms of Use. Your dealings with any third-party providers are solely between you and the relevant provider and may be subject to the provider's terms and conditions and privacy policy. We encourage you to read these documents, although we are not responsible for their content. We are not accountable for apps, services or content provided by third party providers, over which we have no control.

Article 13. Purchases

Among the services that you provide to your guests via MediaGate TV System are their services that you can charge on. Payment is carried out between you or by a third-party service provider to your guest or end-user. The MediaGate TV System is a platform for ordering these services but we as a company are not responsible in any way for pricing the services or products, collection of payment or service delivery.

Article 14. Damage to the system

The software and in most cases also the hardware of the MediaGate Systems that you use are owned by the Company. For any damage to the system equipment or software intentionally or through criminal negligence or by improper use, we as a company reserve the right to claim compensation for the loss of equipment and the costs involved in reinstalling it. Subject to the particular state law.

Article 15. Intellectual property rights

We are the owners or the licensee of all intellectual property rights in the Services and these rights are protected by intellectual property laws and treaties around the world. This includes any content that you may access through the Services (other than third party content and your content) such as images and text in which we own the copyright, as well as our trademarks, service names and logos (collectively “our Content”).

We grant to you a non-exclusive, non-transferable right to view and use our content via the Services for the personal enjoyment of those individuals and groups with viewing access to your MediaGate TV System (whether within domestic or commercial premises), in accordance with these Terms of Use. You must not use our Content beyond the scope of this right and in particular, you agree not to modify, copy, reproduce, rebroadcast, or retransmit any of our Content.

It is important to us that all of our Content is fully protected from misuse. You must not, in any circumstances, use our Content except as stated in this paragraph. If you breach this requirement, we may immediately discontinue your access to the Services, and we may require you to return or destroy any copies of our Content that you have made.

The ownership and/or licensing of any intellectual property rights in any third party apps, services, and content that you access through your use of the Services is outside of our control and should be addressed by any terms made available to you by the relevant third party provider(s). You should consult the relevant third party provider for further information.

Article 16. Choice of Law

These Terms of Use are governed by the laws of the country where your MediaGate System is sold and both You and the Company agree to submit to the exclusive jurisdiction of the courts of the country where your MediaGate System is sold in connection with the same.

Article 17. Contacting the Company about these Terms of Use

If you have any questions or comments about these Terms of Use please contact info@mediagate.tv.

Last update: October 12, 2023

Thank you for using our Services

Mediagate.tv • Terms of Use