• 1. OUR AGREEMENT
• 1.1 These terms and conditions (the "Terms") are the terms on which the website, http://www.blinkbox.com or the mobile version (the "Website") thereof and the online services (which include access to our library of Clips and Films, and the Conversations (in each case as defined in paragraph 9.1) below (the "blinkBox Services")) may be made available to you ("you"/ "your") from time to time. By accessing the Website and using the blinkBox Services you agree to be bound by these Terms. If you do not agree to any of these Terms, then please do not use the Website or the blinkBox Services.
• 1.2 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.
• 1.3 These Terms are only available in the English language.
• 2. GENERAL INFORMATION ABOUT US
• 2.1 We are blinkBox Entertainment Limited a company registered in England and Wales under registration number 05829251 and our registered address is 20-24 Kirby Street, London EC1 8TS ("we"/ "us"/"our").
• 2.2 If you have any feedback, questions, complaints or comments about this Website or the blinkBox Services or any requests for technical support regarding your use of the Website and/or the blinkBox Services then please contact us
• 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. Click here to read our Privacy Policy.
• 3. SYSTEM REQUIREMENTS
• 3.1 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 the Website and use any of the blinkBox Services before you browse the Website. We accept no responsibility for any lack of functionality of the Website and/or failure to provide any of the blinkBox Services that is due to your equipment (including, but not limited to, your computer, internet connection, operating system or settings and software). Up to date system requirements are set out in [Insert hyperlink].
• 3.2 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 connecting to the internet in order to use the Website and the blinkBox Services.
• 4. REGISTRATION, PASSWORDS AND SECURITY
• 4.1 In order to use certain functions of the Website and the blinkBox Services you will first need to register via the Website.
• 4.2 You can register by creating a personal account. In order to do so you will be required to choose a unique user name and password and entering other information that we ask for on our registration form such as (but not limited to) your first and last name, date of birth, email address, gender and contact details ("Registration"). In order to register an account you must be 18 years of age or older and are fully able and competent to enter into these Terms, and abide by and comply with these Terms. If you are over 13 years of age but under 18 years of age you may use the Website and the blinkBox Services with the involvement of a parent or guardian.
• 4.3 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.
• 4.4 You are responsible for maintaining the confidentiality of your password and user name 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 Website or 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 Website and/or the blinkBox Services unless this is due to our negligence. You agree to notify us immediately if you become aware of or suspect any unauthorised use of your password or user name.
• 5. YOUR PROMISES TO US
• 5.1 You confirm that:
  • 5.1.1 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 these Terms, and abide by and comply with these Terms;
  • 5.1.2 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 My blinkBox feature of the Website (see paragraph ?8.2 below); and
  • 5.1.3 you will comply with the restrictions on your use of the Website and the blinkBox Services as set out in these Terms.
• 5.2 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.
• 5.3 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.
• 6. YOUR CONDUCT
• 6.1 You agree that in using the Website and the blinkBox Services you will not:
  • 6.1.1 use the Website or 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;
  • 6.1.2 use the Website or the blinkBox Services in any way that interrupts, damages, impairs or renders the Website or the blinkBox Services less effective;
  • 6.1.3 use the Website or the blinkBox Services for any purpose other than your personal use;
  • 6.1.4 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;
  • 6.1.5 advertise or promote third party or your own products or services including by way of the distribution of 'spam' email;
  • 6.1.6 transfer files that contain viruses, trojans or other harmful programs; or
  • 6.1.7 access or attempt to access the accounts of other users or to penetrate or attempt to penetrate the Website security measures.
• 6.2 We reserve the right to suspend, restrict or terminate your access to this Website and 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.
• 6.3 We do not guarantee that the Website or any of the Content is virus free. We strongly recommend that you install virus protection software on your computer.
• 7. RIGHTS GRANTED AND RIGHTS RESERVED
• 7.1 These Terms apply to all users of and visitors to the Website and 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 Website or the blinkBox Services at any time.
• 7.2 The content on the Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein are owned by or licensed to us.
• 7.3 Your use of the Website, the blinkBox Services and their contents including, for the avoidance of doubt, Clips and/or Blinks, grants no rights to you in relation to our intellectual property rights including, without limitation, copyright, trade marks, logos, graphics, photographs, animations, videos and text or the intellectual property of third parties in the Website, the blinkBox Services and their contents including, for the avoidance of doubt, Clips and/or Blinks.
• 7.4 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 on the Website, the content or the computer codes of elements comprising the Website other than for your own personal use or as expressly stated on the Website. Subject to the above you may download insubstantial excerpts of all other content to your hard disk for the purpose of viewing it provided that no more than one copy of any information is made.
• 7.5 Any use other than that permitted under this paragraph ?7 may only be undertaken with our prior express authorisation.
• 7.6 You may submit information, text, photos and graphics to us via the Website and/or the blinkBox Services. You may not submit any videos to us via the Website and/or the blinkBox Services. By submitting information, text, photos and graphics to us via the Website and/or 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 and remove such material from the Website and/or the blinkBox Services and you confirm that you have the right to grant us such rights.
• 8. LINKS TO AND FROM OTHER WEBSITES
• 8.1 You may establish links to any page of the Website or the blinkBox Services provided:
  • 8.1.1 you do not remove or obscure, advertisements, the copyright notice or other notices on the Website or the blinkBox Services; and
  • 8.1.2 you immediately stop providing links to the Website if notified by us.
• 8.2 In addition, we may provide a "My blinkBox" feature, which you may incorporate into your own personal, non-commercial websites for use in accessing the materials on the Website, provided that you include a prominent link back to the Website on the pages into which you incorporate the "My blinkBox" feature. You may reproduce the Clips and/or Blinks on such other websites.
• 8.3 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.
• 9. WEBSITE AND BLINKBOX SERVICES
• 9.1 The following services are available to you free of charge on the Website and can be viewed by you at any time without registering an account via the Website;
  • 9.1.1 access to a library of short excerpts from full length feature films and popular television programmes (the "Clips"). Clips will be made available to you by "streaming" via the Website or as a download which you can access via your mobile phone;
• 9.2 Once you have registered an account via the Website, you may edit the Clips by shortening them into clips of no more than one (1) minute in length ("Blinks"). You may not alter or amend the Clips or Blinks in any other way. You will be able to send Clips (provided they are of no more than one (1) minute in length) and/or Blinks to third parties by email or by SMS text messages (see paragraph ?9.3 below).
• 9.3 You agree only to send Clips or Blinks by email or SMS text message to third parties who have consented to receive them. To send Clips or Blinks by SMS text message you must first provide us with the mobile number of the recipient and also your mobile number. Where possible, you will be identified as the sender of the SMS text message. You will be charged by us for any Clips and/or Blinks sent by you via SMS text message in addition to any charges of your mobile phone network operator. The third party will be sent a link to the Clip or Blink which they can view without registering via the Website. The third party recipient of your Clip or Blink will not be able to forward the Clip or Blink to another third party until they have registered with the Website, accepted these Terms and provided us with their mobile number.
• 9.4 We have no responsibility or control over the contents of information or communications made by or between users of the Website, or the content of any messages or postings published by our users on the Website. 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 Website at any time. You must be aware that any information provided by another user of the Website may be incorrect or misleading and it is your responsibility to take precautions and use common sense when using the Website. Any decisions or action taken by you on the basis of information or content provided on or via the Website (including any reviews of Clips and Films posted on the Website) are at your sole discretion and risk and you should obtain individual professional advice where necessary.
• 9.5 You may find other users of the Website's use of the Conversations 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.
• 9.6 Once you have registered an account via the Website, you may purchase the full length feature films and/or the television programmes which are made available on the Website (together the "Films"). Films will only be made available to download when payment has been authorised. A list of the Films you download will be shown in the "My blinkBox" feature. You can purchase Films by any of the following methods:
  • 9.6.1 Download-to-View (Rental)
  • You may purchase and download a Film on a rental basis. Films may be downloaded onto the computer which you used to register with the Website (which must meet the relevant system requirements as described in paragraph ?3 above). The unique ID of your personal computer is automatically detected by our system and linked to your account (please refer to our Privacy Policy [insert hyperlink] for further details of our use of cookies). Any Film downloaded on a rental basis will be available to view for a period of seven (7) days from when you purchased the Film. You will only be able to view the Film once during the seven (7) day period but you may rewind, fast-forward, pause and stop the Film without limitation during viewing.
  • 9.6.2 Download-to-Own
  • You may purchase and download a Film to own on a permanent basis. Films may be downloaded and stored only onto the computer which you used to register with the Website (which must meet the relevant system requirements as described in paragraph ?3 above). The unique ID of your personal computer is automatically detected by our system and linked to your account (please refer to our Privacy Policy [insert hyperlink] for further details of our use of cookies). You may watch, store and manage the Film on that computer.
  • 9.6.3 Download-to-Burn
  • You may also download any Film for the purpose of burning it onto a DVD via your computer's DVD-writing drive. Each Film which you download to burn may only be burned onto DVD a maximum of one (1) time.
• 9.7 Conversations
  • 9.7.1 As a registered user you may use the Conversations which enables you to post messages and discuss Films and Clips with other users via the Website.
• 10. BLINKBOX MOBILE SERVICES
• 10.1 The blinkBox Services include certain services that can be accessed via your mobile phone, including the ability to:
  • 10.1.1 view the Free blinkBox Services;
  • 10.1.2 download Clips or Blinks from the Website to your mobile phone;
  • 10.1.3 send Clips or Blinks to third parties; and
  • 10.1.4 forward Clips or Blinks you have received on your mobile phone to third parties (together the ("Mobile blinkBox Services").
• 10.2 In order to use the Mobile blinkBox Services (excluding the Free blinkBox Services) you will need to register an account via the Website or on the mobile version thereof.
• 10.3 You will be charged for using the Mobile blinkBox Services (excluding the Free blinkBox Services). You remain responsible or liable for your mobile phone service provider charges you may incur in relation to sending Clips or Blinks via SMS.
• 11. PLACING YOUR ORDER
• 11.1 To send Clips or Blinks to third parties by SMS text message or to download Films you must place an Order via the Website ("Orders"). Your Order constitutes an offer to us to purchase the relevant blinkBox Services. All Orders are subject to acceptance by us. We will send you an email acknowledging receipt of you Order. Please note that this does not constitute acceptance by us. The agreement for the provision by us of the relevant blinkBox Services is formed when we send you a further confirmatory email.
• 11.2 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.
• 11.3 Please contact us if you have any questions regarding the Website or these Terms before you place your Order.
• 12. CHARGES AND PAYMENT
• 12.1 There is no charge for using the Free blinkBox Services on the Website.
• 12.2 The charges payable for all other blinkBox Services, including Mobile blinkBox Services, are as set out on the Website at the time of purchase and may be varied by us from time to time.
• 12.3 In order to send Clips and/or Blinks by SMS text message and/or to download Films you will need a positive and sufficient pre-paid credit balance in your account. You can add credit to your account at any time by using a debit or credit card, PayPal or via your mobile phone. We reserve the right to decline any payment made to your account. The crediting of your account constitutes an offer to us to use the blinkBox Services. All such offers are subject to acceptance by us. We will send you a confirmation email to your registered email address or a confirmation text to your mobile number confirming the amount that has been credited to your account. The applicable charge for any blinkBox Service will be deducted from your account. We will send you a confirmation email to your registered email address or a confirmation text to your mobile number confirming the amount of the applicable charge deducted from your credit balance and your remaining credit balance.
• 12.4 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 Service 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.
• 12.5 Your credit balance will expire 180 days after the date of your last payment to us. Any credit balances that are not used within this 180 day period will be lost and you will not be able to claim a refund.
• 12.6 You may request a refund for any unused and unexpired credit balances prior to the expiry of the 180 day period referred to above. In order to claim a refund you must submit a refund request to us.
  • 12.6.1 If you made your payment to us by credit or debit card, your refund will be credited to the credit or debit card. If the credit or debit card which you used to make your payment to us is no longer valid, we will send you a cheque to the address specified in your refund request.
  • 12.6.2 If you made your payment to us by PayPal, your refund will be credited to your PayPal account.
  • 12.6.3 If you made your payment to us via your mobile phone, we are unable to refund any unused or unexpired credit balances to your mobile phone. However, we will credit your refund to the credit or debit card specified by you in your refund request or, if you do not have a credit or debit card, send you a cheque to the address specified in your refund request.
• 12.7 For the avoidance of doubt, we shall not in any circumstances be responsible or liable for any mobile phone service provider charges you may incur in relation to sending Clips or Blinks by SMS text message.
• 13. CANCELLATION
• 13.1 You agree that once you have credited your account and we have sent you a confirmatory email or text, subject to your right to claim a refund as described in paragraph 12.6 above, you will not then be able to cancel your offer to use the blinkbox Services.
• 13.2 You agree that once you have confirmed your Order by sending you an email you will be charged for the relevant blinkBox Service which will be provided to you. You will not then be able to cancel your Order.
• 14. AGE RESTRICTIONS AND UNSUITABLE CONTENT
• 14.1 Clips and Films may be listed on the Website that are only suitable for and available to persons over a particular age. Any such restrictions will be notified to you in the description of the Clip and/or Film on the Website and you are responsible for reviewing any age restrictions before allowing the Clip and/or Film to be viewed. If we discover that you are not old enough to access certain Clips and/or Films then we reserve the right to refuse to allow you to access such Clips and/or Films or to suspend or terminate your access to the Website or the relevant Clip and/or Film immediately. We accept no responsibility if you allow any Clips or Films to be viewed by third parties who are below the relevant age restriction.
• 14.2 You understand that the Clips and the Films 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 Clips and/or Films which you find offensive or objectionable.
• 15. TERRITORY
• 15.1 The Website and the Free blinkBox Services can be accessed by you from any location worldwide. You may also send Blinks via email and SMS text message to and from any location worldwide unless otherwise indicated on the Website. Downloading Films will be restricted by using geo-blocking software to prevent you from accessing them from outside the territories for which we have licences. You agree not to attempt to access, or not to attempt to circumvent the geo-blocking software to download Films from anywhere outside the territories for which we have licences.
• 16. OUR LEGAL OBLIGATIONS AND LIMITS ON LIABILITY
• 16.1 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.
• 16.2 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.
• 16.3 We cannot guarantee that the Website or the blinkBox Services will be provided uninterrupted or that any files that you download are free from viruses, contamination or destructive features.
• 16.4 We do not accept any liability for loss or damage incurred by you or loss of data from your computer system that results from:
  • 16.4.1 your negligence;
  • 16.4.2 your breach of these Terms; or
  • 16.4.3 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.
• 16.5 Whilst we use all reasonable 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 Website itself will be free from errors or omissions.
• 16.6 Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond our control (as described in paragraph 16.4.3).
• 16.7 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.
• 16.8 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.
• 16.9 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 paragraph ?16.1 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 Website and the blinkBox Services.
• 17. SECURITY AND PRIVACY
• You must read our Privacy Notice which contains important information about the use of your personal data other information regarding your privacy and our security processes and policies.
• 18. CHANGES TO THESE TERMS
• We may change these Terms at any time either by giving you notice or by publishing the modified Terms on the Website. It is your responsibility, however to review these Terms (as amended by us from time to time) before placing any Order. If any amendment to these Terms is unacceptable to you, your only recourse is to cease using and visiting the Website. Your use and/or subsequent visitation of the Website following any amendment of these Terms will signify your agreement to and acceptance of its revised terms.
• 19. SEVERANCE
• 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.
• 20. TRANSFER
• 20.1 These Terms are personal to you. You may not transfer your rights or obligations under these Terms to anyone else.
• 20.2 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 Website and the blinkBox Services will be made available to you on the same terms or terms that are no less advantageous to you.
• 21. THIRD PARTY RIGHTS
• 21.1 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 clause ?20.2.
• 22. DISPUTES
• 22.1 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. Relevant United Kingdom law will apply.

These Terms were last updated on 11th September, 2007.

Copyright 2007 blinkBox Entertainment Limited.