Terms and Conditions

  • 1. OUR AGREEMENT
  • 1.1. These terms and conditions (the "Terms") (together with our privacy notice http://www.blinkbox.com/Info/Privacy) are the terms on which you ("you"/"your") may use the website, http://www.blinkbox.com (the "Website") and our other online video services and applications, which include access to television shows, movies, clips and other digital content. The Website and our other services and applications are referred to together in these Terms as the "blinkbox Services".
  • 1.2. Please read these Terms carefully before you use the blinkbox Services. 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 please do not use the blinkbox Services.
  • 1.3. You should keep a copy of these Terms for your future reference. We will not file a copy of a copy of these Terms in respect of our agreement with you.
  • 2. GENERAL INFORMATION ABOUT US
  • 2.1. 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"). We are part of the Tesco Group.
  • 2.2. 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 feedback@blinkbox.com.
  • 2.3. Our VAT number is 889738928.
  • 2.4. We are registered as a data controller for the purposes of the Data Protection Act 1998. Our registration number on the register of data controllers maintained by the Information Commissioner is Z9819500. If you have any queries about how we use your personal information please contact us.
  • 3. CHANGES TO TERMS
  • 3.1. blinkbox reserves the right to change these Terms at any time and such change will be effective from the time of posting of 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 updated terms and conditions. You must stop using the blinkbox Services if you disagree with any changes to these Terms
  • 4. SECURITY AND PRIVACY
  • 4.1. Please read our privacy notice which contains important information about the use of your personal data and other information regarding your privacy and our security processes and policies. By using the blinkbox Services, you consent to the processing of your personal data in accordance with the privacy notice.
  • 5. ACCESS TO BLINKBOX SERVICES
  • 5.1. You may access the blinkbox Services via a computer entertainment system, 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").
  • 5.2. Your use of the blinkbox Services and enjoyment of Digital Content (as defined below in paragraph 12.1) may vary in functionality, availability and quality depending on the type of Device.
  • 5.3. 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.
  • 6. SYSTEM REQUIREMENTS
  • 6.1. 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 at any time.
  • 6.2. 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.
  • 7. REGISTRATION, PASSWORDS AND SECURITY
  • 7.1. To use certain functions of the blinkbox Services you will first need to register via the Website.
  • 7.2. 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 use the blinkbox Services with the involvement of a parent or guardian.
  • 7.3. 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.
  • 7.4. 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.
  • 8. YOUR PROMISES TO US
  • 8.1. You confirm that:
    • 8.1.1. 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;
    • 8.1.2. 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
    • 8.1.3. you will comply with the restrictions on your use of the blinkbox Services as set out in these Terms.
  • 8.2. 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.
  • 8.3. 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.
  • 9. YOUR CONDUCT
  • 9.1.You agree that in using the blinkbox Services you will not:
    • 9.1.1. 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;
    • 9.1.2. use the blinkbox Services in any way that interrupts, damages, impairs or renders the blinkbox Services less effective;
    • 9.1.3. use the blinkbox Services for any purpose other than your personal use;
    • 9.1.4. 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;
    • 9.1.5. advertise or promote third party or your own products or services, including by way of the distribution of 'spam' email or other similar activity;
    • 9.1.6. transfer files that contain viruses, trojans or other harmful programs; or
    • 9.1.7. 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.
  • 9.2. We reserve the right to suspend, restrict or terminate your access to the blinkbox Services at any time without notice if we have reasonable grounds to believe that you have breached any of these restrictions. 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.
  • 9.3. 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 Device.
  • 10. RIGHTS GRANTED AND RIGHTS RESERVED
  • 10.1. 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.
  • 10.2.The content on the blinkbox Services, including the text, software, scripts, graphics, photos, sounds, music, videos, data and metadata, interactive features and the like and the trademarks, service marks and logos contained therein are owned by, or licensed to, us.
  • 10.3. Your use of the blinkbox Services and their content grants no rights to you in relation to our intellectual property rights including, without limitation, copyright, trademarks, data and databases, logos, graphics, photographs, animations, videos and text or the intellectual property of third parties in the blinkbox Services and their contents.
  • 10.4. 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.
  • 10.5. Any use other than that permitted under this paragraph 10 may only be undertaken with our prior express authorisation.
  • 10.6.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.
  • 11. LINKS TO AND FROM OTHER WEBSITES
  • 11.1. You may establish links to any page of the blinkbox Services provided:
    • 11.1.1. you do not remove or obscure, advertisements, the copyright notice or other notices on the blinkbox Services; and
    • 11.1.2. you immediately stop providing links and/or remove the links if notified by us.
  • 11.2. 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 their contents. 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.
  • 12. WEBSITE AND BLINKBOX SERVICES
  • 12.1.Access to a library of selected full length feature movies, television programs and other content (together the "Digital Content") will be made available to you by streaming via the Website free of charge and can be viewed by you at any time without registering an account via the Website. Digital Content may also be available free of charge on other parts of the blinkbox Services, although Registration may be required.
  • 12.2. We have no responsibility or control over the contents 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 contents or the accuracy of or consequences of such content. We do not monitor the contents 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 (including any reviews Digital Content posted on the blinkbox Services) are at your sole discretion and risk and you should obtain individual professional advice where necessary.
  • 12.3. You may find other users" contributions via reviews, comments or other content to the Website"s reviews and comments feature (the "Reviews & Comments") offensive, harmful or deceptive. If you have any complaints regarding another user of the Website or if you believe that any of the content posted on the Website is in some way illegal, please contact us. We can then investigate the user and/or take down the material if necessary. Please note that we are under no obligation to take any action against a user unless required by law.
  • 12.4. 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. You can purchase or enjoy Digital Content by any of the following methods:
    • 12.4.1. 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 either stream or download, and to view, use and privately display, for Non-Commercial, Private Use, the Rental Digital Content rented by you, by way of one (1) Device connected to the blinkbox Services over the Internet, 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 to forty-eight (48) hours from the time you start viewing the Rental Digital Content (by commencing streaming of the Digital Content or by commencing viewing of Digital Content that you have downloaded). 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.
    • 12.4.2. 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 or download; (ii) retain a permanent downloaded copy of; and (iii) to view, use, and privately display, for Non-Commercial, Private Use, the Purchased Digital Content purchased by you, on Devices, 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 only stream only one (1) copy of Purchased Digital Content from your blinkbox Services account at any one time. Our ability to allow you to stream Purchased Digital Content from your Device is subject to our being able to obtain sufficient permissions from the owners of 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 Device to ensure that you have a permanent copy of it.
    • 12.4.3. 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 for free 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 only be entitled to redeem the offer or promotional copy of the Purchased Digital Content 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. 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 blinbox Services. Where applicable, any ‘Tesco Clubcard’ loyalty points earned or redeemed will be subject to Tesco’s terms and conditions.
    • 12.4.4. 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 watching the streamed content, 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 potential content provider licensing restrictions and for other reasons, and blinkbox will not be liable to you if Purchased Digital Content becomes unavailable for further download or streaming.
    • 12.4.5. General Restrictions: You may not transfer, copy or display the Digital Content, except as permitted in these Terms. In addition, you may not:
    • 12.4.5.1 sell, rent, lease, distribute, broadcast, sublicense or otherwise assign any right to the Digital Content to any third party;
    • 12.4.5.2 remove any proprietary notices or labels on the Digital Content;
    • 12.4.5.3 attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management system used as part of the Service; or,
    • 12.4.5.4 use the blinkbox Services or Digital Content for any commercial or illegal purpose.
  • 13. USER REVIEWS, COMMENTS, AND OTHER CONTENT
  • 13.1. Users of this Website may post in the Reviews and Comments; this can be made up of sending communications; and submitting suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam". You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. blinkbox reserves the right (but not the obligation) to remove or edit any content.
  • 13.2. If you do post content or submit material, and unless we indicate otherwise, you:
    • 13.2.1. grant blinkbox and its affiliates a non-exclusive, royalty-free and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and
    • 13.2.2. grant blinkbox and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose.
  • 13.3. You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to blinkbox, including the execution of deeds and documents, at the request of blinkbox.
  • 13.4. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to blinkbox: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable blinkbox policies, guidelines or these Terms and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify blinkbox and its affiliates for all claims brought by a third party against blinkbox or its affiliates.
  • 14. PLACING YOUR ORDER
  • 14.1. 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.
  • 14.2. 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.
  • 14.3. Please contact us if you have any questions regarding these Terms before you place your Order.
  • 15. CHARGES AND PAYMENT
  • 15.1. There is no charge for using the free blinkbox Services.
  • 15.2. 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.
  • 15.3. 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.
  • 15.4. 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.
  • 16. CANCELLATION
  • 16.1. 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.
  • 16.2. You agree that once you 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.
  • 17. AGE RESTRICTIONS AND UNSUITABLE DIGITAL CONTENT
  • 17.1. 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.
  • 17.2. 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.
  • 17.3. 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.
  • 18. TERRITORY
  • 18.1. 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 or view Digital Content from anywhere outside the territories for which we have licences.
  • 19. OUR LEGAL OBLIGATIONS AND LIMITS ON LIABILITY
  • 19.1. We accept liability for death or personal injury caused by our negligence or that of our employees or agents. We do not seek to exclude liability for fraudulent misrepresentation by us or our employees or agents.
  • 19.2. If we breach these 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.
  • 19.3. 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.
  • 19.4. 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:
    • 19.4.1. your negligence;
    • 19.4.2. your breach of these Terms; or
    • 19.4.3. anything which is beyond our reasonable control which prevents us from fulfilling our obligations under these Terms and includes, but is not limited to, fire, flood, storm, riot, civil disturbance, war, nuclear accident, terrorist activity and acts of God.
    • 19.4.4.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.
  • 19.5. You have certain statutory rights. Nothing in these 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.
  • 19.6. Our total liability to you for any loss or damage arising out of or in connection with these Terms shall be limited to the net payment to us from you in any one month period.
  • 19.7. 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 these 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.
  • 20. SEVERANCE
  • 20.1.If any part of these Terms is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.
  • 21. TRANSFER
  • 21.1. These Terms are personal to you. You may not transfer your rights or obligations under these Terms to anyone else.
  • 21.2. We may transfer our rights or obligations or sub-contract our obligations under these Terms to another legal entity. You agree that you 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.
  • 22. THIRD PARTY RIGHTS
  • 22.1.These 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 these Terms to another legal entity under paragraph 21.2.
  • 23. DISPUTES
  • 23.1. We will do our best to resolve any disputes in relation to these Terms. By using the Website and the blinkbox Services you agree that the laws of England and Wales shall apply in relation to any disputes between us. If you wish to take court proceedings against us you must do so within the United Kingdom.

These Terms were last updated on 28th November, 2011.

Copyright 2012 blinkbox Entertainment Limited.

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