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Terms and Conditions
- Please carefully read these Terms carefully before you use the blinkbox Services or accessing content. By using or accessing the blinkbox Services you agree to be legally bound by these Terms. If you do not agree to any of these Terms, then you will not be able to use the blinkbox Services or license the content.
- You should keep a copy of these Terms for your future reference. We will not file a copy of these Terms in respect of our agreement with you.
GENERAL INFORMATION ABOUT US
- We are blinkbox Entertainment Limited, a company registered in England and Wales under company number 05829251. Our registered address is 20-24 Kirby Street, London EC1N 8TS ("we"/ "us"/"our"/"blinkbox"). We are part of the Tesco Group.
- If you have any feedback, questions, complaints or comments about the blinkbox Services or any requests for technical support regarding your use of the blinkbox Services, then please contact us at firstname.lastname@example.org.
- Our VAT number is 889738928.
CHANGES TO TERMS
- blinkbox reserves the right to change these Terms at any time and such change will be effective from the time of posting the revised terms and conditions on the Website at http://www.blinkbox.com/Info/TermsAndConditions. Any use of the blinkbox Services by you after the revised terms and conditions are posted will indicate your agreement to such change. It is therefore important that you are familiar with the most up to date terms and conditions. You must stop using the blinkbox Services if you disagree with any changes to the Terms.
SECURITY AND PRIVACY
ACCESS TO BLINKBOX SERVICES
- You may access the blinkbox Services only via authorised devices, which may include a computer entertainment systems, a portable device, a mobile telephone or tablet, a personal computer, an Internet-enabled television, home audio or video equipment or another authorised device capable of receiving the blinkbox Services (each a "Device"). From time to time, providers of content to blinkbox may stipulate restrictions relating to the number and type of Devices which may access particular content. We will use our reasonable endeavours to inform you of any such restrictions.
- Your use of the blinkbox Services and enjoyment of Digital Content (as defined below in paragraph 12.2) may vary in functionality, availability and quality depending on the type of Device and any restrictions imposed by our content providers.
- Your access to the blinkbox Services may require you to use another service, electronic guide, portal, platform or network gateway integrated with or used by your Device, which may be operated by a third party. Where this is the case, access to the third party services may be subject to terms and conditions imposed by the third party. We recommend that you read and understand any third party terms and conditions before you access those services, which are not the responsibility of blinkbox. If you have any complaints about or problems using those services, you should contact your third party provider.
- It is your responsibility to ensure that you are able to comply with the relevant system requirements that must be met for you to be able to successfully access and use any of the blinkbox Services. We accept no responsibility for any lack of functionality and/or failure to provide any of the blinkbox Services that is due to your equipment (including, but not limited to, your Device, Internet connection, operating system or settings and software). Access to parts or all of the blinkbox Services may be restricted from time to time to allow for repairs, maintenance or updating. We reserve the right to withdraw, take down or amend all or part of the blinkbox Services and all or part of the Digital Content at any time.
- It is your responsibility to pay for all costs and expenses (including, but not limited to, all telephone call or line charges or Internet service provider access or subscription charges) that you may incur using the blinkbox Services.
REGISTRATION, PASSWORDS AND SECURITY
- To use certain functions of the blinkbox Services you will first need to register via the Website.
- You can register by creating a personal account. To do so you will be required to choose a password and enter other information that we ask for on our registration form, such as your first and last name, date of birth, email address, gender and contact details ("Registration"). To register an account you must be 18 years of age or older and be fully able and competent to enter into and comply with these Terms. If you are over 13 years of age, but under 18 years of age, you may register to use the blinkbox Services only with the involvement of a parent or guardian.
- You shall ensure that the details you provide at Registration are accurate and kept up to date. You can change the details you provide at Registration at any time via the Website. If you would like us to terminate your Registration (which you may do so at any time) and delete your personal information, please let us know.
- You are responsible for maintaining the confidentiality of your password and email address and are responsible for all activities that are carried out under them. We do not have the means to check the identities of people using the blinkbox Services and will not be responsible for losses suffered by you where your password or user name is used by someone else to access the blinkbox Services unless this is due to our negligence. You are solely responsible for any acts or omissions that occur under your registered account. You agree to notify us immediately if you become aware of or suspect any unauthorised use of your password or user name.
YOUR PROMISES TO US
You confirm that:
- you are aged 18 or over, or are 13 years of age or older and possess legal parental or guardian consent, and are fully able and competent to enter into and comply with these Terms;
- all information and details provided by you to us (including on Registration) are true, accurate and up to date in all respects and at all times. You can update or correct your personal details at any time by amending your account details in the profile feature of the Website (your "Profile") (see paragraph 10.2 below); and
- you will comply with the restrictions on your use of the blinkbox Services as set out in these Terms.
- You agree to compensate and defend us fully against any claims or legal proceedings brought against us by any other person as a result of your breach of these Terms.
- If we take legal action against you for any breach of these Terms and a court makes an award in our favour you will be responsible for all costs allowable by the courts.
- You confirm that:
You agree that in using the blinkbox Services you will not:
- use the blinkbox Services in any way that may lead to the encouragement, procurement or carrying out of any criminal activity or for any other unlawful purpose;
- use the blinkbox Services in any way that interrupts, damages, impairs or renders the blinkbox Services less effective;
- use the blinkbox Services for any purpose other than your personal and non-commercial use;
- email, transmit or otherwise disseminate any content which is defamatory, obscene, in breach of copyright, vulgar or indecent or may have the effect of being harassing, threatening, abusive or hateful or that otherwise degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
- advertise or promote third party or your own products or services, including by way of the distribution of 'spam' email or other similar activity;
- transfer files that contain viruses, trojans or other harmful programs; or
- access or attempt to access the accounts of other users or to penetrate or attempt to penetrate the security measures operated by the blinkbox Services.
- We reserve the right to suspend, restrict or terminate your access to the blinkbox Services and/or any Devices and/or Digital Content at any time without notice if we have reasonable grounds to believe that you have breached any of the restrictions in the Terms. This shall not limit our right to take any other actions against you that we consider appropriate to defend our rights or those of any other person.
- We do not guarantee that the blinkbox Services or any of the content is virus free. We strongly recommend that you install virus protection or similar protective software on your Devices.
- You agree that in using the blinkbox Services you will not:
RIGHTS GRANTED AND RIGHTS RESERVED
- These Terms apply to all users of and visitors to the blinkbox Services. We permit you to link to materials on the Website for personal, non-commercial purposes only. We reserve the right to discontinue any aspect of the blinkbox Services at any time.
- You understand that the content on the blinkbox Services, including the Digital Content, text, software, scripts, graphics, artwork, photos, images, sounds, music, videos, movies, data and metadata, interactive features and other copyrightable materials and the like and the trademarks, service marks and logos contained therein are owned by us, or licensed to us by content providers ("Content Providers"), and may be protected by the intellectual property laws or the United Kingdom and of other jurisdictions.
- The content you receive through blinkbox Services, including the copyright in the content, are owned by the Content providers and/or blinkbox and are protected by the copyright laws of the United States, as well as other intellectual property laws and treaties. Your use of the blinkbox Services and the content on the blinkbox Services (including the Digital Content) grants no rights to you in relation to our intellectual property rights including, without limitation, copyright, trademarks, data and databases, logos and design rights or the intellectual property of third parties in the blinkbox Services and their content, including the Digital Content.
- You may not, without limitation, copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way the blinkbox Services, web pages or materials, the content or the computer codes of elements comprising the blinkbox Services other than for your own personal use or as expressly stated on the Website.
- Any use other than that permitted under this paragraph 10 is expressly reserved to us or to our content providers (as applicable) and all other uses may only be undertaken with our prior express written authorisation.
- You may submit information, text, photos and graphics to us via the blinkbox Services. You may not submit any videos to us via the blinkbox Services. By submitting information, text, photos and graphics to us via the blinkbox Services, you grant us the right to use such material at our own discretion in any media including, without limitation, to edit, copy, reproduce, disclose, post, exploit and remove such material from the blinkbox Services and you confirm that you have the right to grant us such rights.
LINKS TO AND FROM OTHER WEBSITES
You may establish links to any page of the blinkbox Services provided:
- you do not remove or obscure, advertisements, the copyright notice or other notices on the blinkbox Services; and
- you immediately stop providing links and/or remove the links if notified by us.
- We may provide links to other websites from time to time (via advertising or otherwise). You acknowledge that these links are provided for your ease of reference and convenience only. We do not control such third party websites and are not responsible for the content of such websites. Our inclusion of links does not imply any endorsement of the material contained in such websites or any association with their operators. You acknowledge that we will not be party to any transaction or contract with a third party that you may enter into via such websites and we shall not be liable to you in respect of any loss or damage which you may suffer by using those websites. You agree that you will not involve us in any dispute between you and the third party.
- You may establish links to any page of the blinkbox Services provided:
WEBSITE AND BLINKBOX SERVICES
- We have no responsibility or control over the content of information or communications made by or between users of the blinkbox Services, or the content of any messages or postings published by our users. We are not responsible for any content or the accuracy of or consequences of such content. We do not monitor the content of such communications, messages or postings. However, we reserve the right to take down any content on the blinkbox Services at any time. You must be aware that any information provided by another user may be incorrect or misleading and it is your responsibility to take precautions and use common sense when using the blinkbox Services. Any decisions or action taken by you on the basis of information or content provided on or via the blinkbox Services are at your sole discretion and risk and you should obtain individual professional advice where necessary.
Once you have completed the Registration process you may purchase selected full
length feature movies and/or the television programmes which are made
available on the blinkbox Services. This allows you to: (i) pay a fee to view Digital Content an
unlimited number of times over a limited period of time
("Rental Digital Content"); or (ii) pay a fee to view Digital Content an
unlimited number of times over an indefinite period of time
("Purchased Digital Content"). As used in these Terms, "Non-Commercial, Private Use"
means a presentation of Digital Content for which no fee or consideration of any kind (other than that which you pay to us to
view Rental Digital Content or Purchased Digital Content) is charged or
received, which takes place in your private home or apartment or, if
outside your private home or apartment (e.g., in a hotel room, office, or
airport waiting lounge) is limited to a private viewing for you and your
invitees. Non-Commercial, Private Use specifically excludes any public
presentation (e.g., a presentation in a dorm lounge) and any presentation
by a place of public accommodation or other commercial establishment
(e.g., a bar or restaurant), even if no fee is charged for viewing the
Digital Content. Certain Digital Content will only be made available to
you when payment has been authorised. A list of the Digital Content you
have purchased will be shown in your Profile under 'Account'. You can purchase or enjoy Digital Content by any of
the following methods:
- Rental Digital Content: Upon your payment of the rental fee, blinkbox grants you a non-exclusive, non-transferable, non-sub-licensable, limited right and licence to (i) stream and/or download a temporary copy; and (ii) view, use and privately display, for Non-Commercial, Private Use; the Rental Digital Content rented by you, by way of one (1) Device (unless further Devices are permitted as notified to you) connected to the blinkbox Services over the Internet, and on such other terms all as specified on the detail pages of the Rental Digital Content or other help or informational pages of the blinkbox Services at the time of your payment. Unless otherwise designated on a detail page for Rental Digital Content, the licence for Rental Digital Content is limited in its term and duration, which is usually forty-eight (48) hours from the time you start accessing or viewing the Rental Digital Content provided that you commence viewing or access to the Rental Digital Content within a certain period of time from purchase, which is usually 30 days from receipt of payment of the rental fee ("Viewing Period"). blinkbox may automatically delete from your Device any Rental Digital Content that is beyond its limited licence term, and you consent to the automatic deletion. You may not copy or move Rental Digital Content from any location where it is stored on your Device. With respect to streamed copies of Rental Digital Content, the number of streams of certain different Rental Digital Content that may be permitted at any one time may be subject to restrictions and we shall use our reasonable endeavours to notify you of such restrictions.
- Purchased Digital Content: Upon your payment of the purchase fee, blinkbox grants you a non -exclusive, non-transferable, non-sub-licensable, limited right and licence to: (i) stream and/or download and retain a permanent copy of; and (ii) view, use, and privately display, for Non-Commercial, Private Use; the Purchased Digital Content purchased by you, by way of five (5) Devices as are authorised for viewing such Purchased Digital Content, and on such other terms all as specified on the detail pages of the Purchased Digital Content or other help or informational pages of the blinkbox Services at the time of your payment. With respect to streamed copies of Purchased Digital Content, you may stream only one (1) copy of Purchased Digital Content to your blinkbox Services account at any one time, unless further streams are permitted in relation to particular Purchased Digital Content, as notified by us to you from time to time. Our ability to allow you to stream Purchased Digital Content to your Device is subject to our being able to obtain sufficient permissions from the owners of the Purchased Digital Content to allow you to do so. In some instances, your ability to stream Purchased Digital Content from your Device may be limited to a certain period of time. In such cases, we will prompt you to download the Purchased Digital Content to your Deviceone of the Devices notified to you to ensure that you have a permanent copy of it.
- 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 the Content Providers, Content Providers' licensors and the copyright holder(s), and any other use is strictly prohibited.
- From time to time, we may participate in retail promotions and offers which combine the sale of a product in a Tesco store or Tesco online ("Tesco Product") with the ability to access the blinkbox Services and receive a copy of Purchased Digital Content and/or Rental Digital Content (as applicable) at no additional cost to the user or at a promotional or discounted rate. Such promotions and offers shall only be available to users who (a) purchase the applicable Tesco Product; and (b) have a 'Tesco Clubcard', or otherwise satisfy blinkbox's additional requirements (if any) for redeeming the promotion on the blinkbox Services (as may be amended from time to time). Such promotions and offers will be governed by the specific terms attached to the sale of the product provided that, unless otherwise stated on the product or notified to the user, a user who purchases an applicable Tesco Product shall (i) only be entitled to redeem the offer or promotional copy of the Purchased Digital Content and/or Rental Digital Content (as applicable) via the blinkbox Service within 12 months from the date of the purchase of such Tesco Product, or within such other period as blinkbox and/or Tesco may notify to user; and (ii) the access to the Purchased Digital Content and/or Rental Digital Content may be delayed for a short period of time (for example, 12 hours) following the redemption of such offer via the blinkbox Services. All other provisions of these Terms relating to Purchased Digital Content or Rental Digital Content (as applicable) will apply to content accessed pursuant to this paragraph 12.2.2. If there is any conflict between the terms attached to the sale of the product and these Terms, the terms related to the sale will prevail. Where stated, such promotions and offers (or other use of the blinkbox Services) may earn you 'Tesco Clubcard' loyalty points or may allow you to redeem your 'Tesco Clubcard' loyalty points in conjunction with the blinkbox Services. Where applicable, any 'Tesco Clubcard' loyalty points earned or redeemed will be subject to Tesco's terms and conditions.
- Downloading and Risk of Loss: If you plan to download Digital Content that you purchase or rent, we encourage you to do so promptly after your purchase or rental. If you are unable to complete a download after having reviewed our online help resources, please contact blinkbox. Once you purchase or rent Digital Content and we make the Digital Content available to you, you bear responsibility for completing the download, or streaming the content in accordance with the Terms, and for all risk of loss of the Digital Content after download. Purchased Digital Content will generally continue to be available to you for download or streaming from the blinkbox Services, as applicable, but may become unavailable due to content provider licensing restrictions, legal obligations on blinkbox and or for other reasons, and blinkbox will not be liable to you if Purchased Digital Content becomes unavailable for further download or streaming.
- Your ability to continue to stream and/or re-download Rental Digital Content prior to the expiry of the Viewing Period to your Device is subject to us being able to obtain and retain sufficient permissions from the owners of the Rental Digital Content to allow you to do so. In some instances, your ability to stream and/or re-download Rental Digital Content from your Device may be limited to a certain period of time or access may become unavailable due to content provider licensing restrictions, legal obligations on blinkbox and or for other reasons. We will try to notify you of such restrictions or removal as soon reasonably practical.
General Restrictions: You may not transfer, copy or display the Digital Content,
except as permitted in these Terms. In addition, you may not and may not
- sell, rent, lease, redistribute, broadcast, sublicense or otherwise assign any right to the Digital Content to any third party;
- remove any proprietary notices or labels on the Digital Content;
- disable, bypass, remove, modify, deactivate, impair, avoid defeat, or otherwise circumvent any encryption, rights signalling, security measures, copy protection technology or other digital rights management system in which any of the content contained within the blinkbox Services is wrapped or which is otherwise incorporated in the blinkbox Services, Devices or Digital Content;
- use the blinkbox Services or Digital Content for any commercial or illegal purpose;
- edit, modify, translate or create derivative works or adaptations of the any of the blinkbox Services or their content;
- decompile copy, reproduce, reverse engineer, disassemble or otherwise reduce the computer file in which the blinkbox Services or Digital Content are stored to a human-readable form; or
- duplicate or otherwise reproduce (including but not limited to "burning") the blinkbox Services, or any portion thereof or the content (including the Digital Content) contained on the blinkbox Services, onto any physical medium, memory, device or in any tangible form, including but not limited to CDs, DVDs, VCDs or any other device, including but not limited to any computers or other hardware or other medium now known or hereinafter devised.
PLACING YOUR ORDER
- To purchase certain Digital Content which is made available on the blinkbox Services, you must place an order (an "Order"). Your Order constitutes an offer to us to purchase the relevant blinkbox Services. All Orders are subject to acceptance by us. The agreement for the provision by us of the relevant blinkbox Services is formed when we send you a confirmatory email.
- It is your responsibility to ensure that you have checked the details of your Order carefully before confirming your Order. You will be given an opportunity to make any amendments to your Order request before confirming your Order but we cannot be responsible for any input errors made or charges incurred after this point.
- Please contact us if you have any questions regarding the Terms before you place your Order.
CHARGES AND PAYMENT
- There is no charge for using the free blinkbox Services.
- The charges payable for all other blinkbox Services are as set out at the time of purchase and may be varied by us from time to time.
- To purchase certain Digital Content you will need to provide payment using an accepted payment method. The applicable charge for any blinkbox Services will be deducted from your account using the payment method you have selected. We will send you a confirmation email to your registered email address confirming the amount of the applicable charge deducted using the payment method you have selected.
- If you use a credit or debit card to credit your account you confirm that the credit/debit card is yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment we will not accept your Order and we will not be responsible for any delay or non-provision of the relevant blinkbox Services and we are not obliged to inform you of the reason for the refusal. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your Order.
MOVIE & TV CARDS AND VOUCHER CODES
- Movie & TV Cards can only be redeemed at blinkbox.com and the credit from any Movie & TV Cards can be used on all Devices except via the iPad and Xbox apps.
- Voucher Codes can be redeemed on all Devices except via the Xbox and iPad apps.
- Movie & TV Cards and Voucher Codes, in addition to unused balances, cannot: be redeemed for cash; returned for refund; exchanged (except where required by law); reloaded; resold; transferred for value; or applied to another account.
- No refunds or compensation will be provided for lost, stolen, destroyed Movie & TV Cards or Movie & TV Cards used without permission.
- blinkbox reserves the right to close accounts and request alternative forms of payment if a Movie & TV Card or Voucher Code is fraudulently obtained or used on the blinkbox Services.
- You agree that once you have made payment using your selected payment method and we have sent you a confirmatory email, subject to your standard rights of recourse, you will not then be able to cancel your offer to use the blinkbox Services.
- You agree that once we have confirmed your Order by sending you an email you will be charged for the relevant blinkbox Services which will be provided to you. You will not then be able to cancel your Order.
AGE RESTRICTIONS AND UNSUITABLE DIGITAL CONTENT
- Certain Digital Content may be listed on the Website that is only suitable for and available to persons over a particular age. Any such restrictions will be notified to you in the Information page for each title. If we discover that you are not old enough to access certain Digital Content then we reserve the right to refuse to allow you to access such Digital Content or to suspend or terminate your access to the blinkbox Services or the Digital Content immediately.
- You understand that the Digital Content may contain adult material and/or other content you may consider offensive or otherwise objectionable. We accept no liability to you for the content of Digital Content you find offensive or objectionable.
- Although blinkbox uses its reasonable commercial endeavours to implement protective measures and content age ratings in accordance with industry regulation, we cannot be responsible where a parent or guardian does not sufficiently control their child's access to unsuitable Digital Content.
- The Website and a selection of free blinkbox Services can be accessed by you from any location worldwide. Certain free blinkbox Services and Digital Content will be restricted by using geo-blocking software to prevent you from accessing them from outside the UK or other territories for which we have licences. You agree not to attempt to access, or not to attempt to circumvent the geo-blocking software to purchase, download, transmit or view Digital Content from anywhere outside the United Kingdom, or such other territories for which we have licences and for which you are entitled to access the content as we notify to you.
OUR LEGAL OBLIGATIONS AND LIMITS ON LIABILITY
- We do not seek to exclude liability for (i) death or personal injury caused by our negligence or that of our employees or agents; or (ii) fraudulent misrepresentation by us or our employees or agents.
- If we breach the Terms we shall only be liable for losses which are a reasonably foreseeable consequence of such a breach which means that they could be contemplated by you and us.
- We cannot guarantee that the blinkbox Services will be provided uninterrupted or that any files that you download are free from viruses, contamination or destructive features.
- The Content is provided "AS IS". Content Providers and blinkbox each expressly disclaim any warranties and conditions, express, implied, or statutory, including but not limited to, warranties or conditions of merchantability, fitness for a particular purpose, satisfactory quality and non-infringement, and their equivalents under the laws of any jurisdiction. Content Providers and blinkbox do not warrant or otherwise state that the Content will meet your requirements.
We do not accept any liability for loss or damage incurred by you or loss of
data from your Device or system that results from:
- your negligence;
- your breach of the Terms; or
- anything which is beyond our reasonable control which prevents us from fulfilling our obligations under the Terms and includes, but is not limited to, fire, flood, storm, riot, civil disturbance, war, nuclear accident, terrorist activity and acts of God.
- Under no circumstances, including but not limited to negligence by blinkbox, or Content Providers, shall blinkbox or Content Providers be liable for any damages, including any direct, indirect, special, incidental or consequential damages of any kind under any legal theory (tort, contract or otherwise) that result from the use of, or the inability to use, blinkbox Services or the Content, even if blinkbox and/or Content Providers have been advised of the possibility of such damages.
- Whilst we use reasonable commercial endeavours to correct any errors or omissions as soon as practicable once they have been brought to our attention, we do not promise that the information on the blinkbox Services will be free from errors or omissions.
- You have certain statutory rights. Nothing in the Terms is intended to affect your statutory rights. For more information about your statutory rights contact your local Citizens Advice Bureau or Trading Standards Office.
- Our total liability to you for any loss or damage arising out of or in connection with the Terms shall be limited to the net payment to us from you in any one month period.
- We will co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity of or locate anyone breaching the Terms or otherwise for the prevention or detection of crime or the apprehension or prosecution of offenders. There may be other circumstances in which we may be required by law to disclose information about you or your use of the blinkbox Services.
- If any part of the Terms is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.
- The Terms are personal to you. You may not transfer your rights or obligations under the Terms to anyone else.
- We may transfer our rights or obligations or sub-contract our obligations under the Terms to another legal entity. You agree that we may do so provided that the blinkbox Services will be made available to you on the same terms or terms that are no less advantageous to you.
- Either party may terminate these Terms at any time and if you choose to do so you must immediately cease to use the blinkbox Services.
THIRD PARTY RIGHTS
- The Terms are not intended to give rights to anyone except you and us. This does not affect our right to transfer our right or obligations or sub-contract our obligations under the Terms to another legal entity under paragraph 21.2.
- We will do our best to resolve any disputes in relation to the Terms. By using the Website and the blinkbox Services you agree that the laws of England and Wales shall apply in relation to the Terms and any disputes between us. If you wish to take court proceedings against us you must do so within the courts of England.
These Terms were last updated on 04th September, 2013.
© 2013 blinkbox Entertainment Limited.