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| Terms and Conditions |
Service Terms and ConditionsBy using the Service You agree to be bound by the terms and conditions set out below and any terms and conditions applicable to any offer you have selected. References to "we" or "us" in these terms and conditions will be read as references to British Sky Broadcasting Ltd, Grant Way, Isleworth,Middlesex TW7 5QD (“Sky”). You can contact us by writing to British Sky Broadcasting Limited, Grant Way, Isleworth, Middlesex, TW7 5QD or by telephoning Customer Service on +44 (0) 870 0248 971.
You must be aged 18 or over to subscribe to the Service and resident in the UK, Channel Islands, Isle of Man or Republic of Ireland. We reserve the right to seek confirmation of age if necessary. Your internet service provider (“ISP”) may charge you for using the Service and these costs may vary depending on your ISP. You will be responsible for these costs and any other charges or expenses associated with your internet service. Please contact your ISP for details. By using this Service, you agree that we may use and share information we hold about you in accordance with Clauses 6.3 and 11 below. This Contract will apply to each Event you view via the Service. 1. Definitions “Compatible Computer” means a computer from which the Service can be accessed in accordance with the system and software requirements set out on the Service Website from time to time; “Contract” means each contract between you and us, of which the Event Conditions form part, and which authorise you to receive an Event; “Event Conditions” means these conditions and any changes we may make to them; “Event” means each event offered to you by Sky on a pay-per-view basis via the Service and which may include sporting events, movies and entertainment content from time to time; “Payment” means the amount you must pay Sky for each Event that you order set out on the Service Website from time to time; “Servecast” means Servecast (UK) Limited, 4th floor, Waterloo Place, London, SW1Y 4BE (company no. 04040601); “Service” means our streamed broadband content service which provides Events to your Compatible Computer via the Service Website; and “Service Website” means the website accessed at www.streaming.skysports.com. 2. Events 2.1 Subject to this Contract, we will supply to you any Event that you order and you are permitted to receive via the Service. 2.2 We can cancel or withdraw any Event at any time prior to you purchasing that Event. If we do we will try to advertise the cancellation or withdrawal on the Service Website. If an Event is made up of a number of events (e.g. a number of football matches), we can change the event pack. 3. Access to the Service 3.1 In order to use the Service, you must have a Compatible Computer. You will be responsible for confirming that your computer is a Compatible Computer prior to registering for the Service. Please see the Service Website for details. 3.2 Your access to the Service is by username and password. Your username and password are secret and personal to you and must not be disclosed to any third party in any circumstances. You are responsible for keeping your username and password secure and confidential. You must take all precautions to prevent them being used by anyone else. 3.3 If we reasonably believe that a username and password are being used in any way which is not permitted by us, we reserve the right to cancel your access to the Service immediately without notice. 3.4 Should you become aware that another person knows your username and password you should change it immediately. You must not store your username and password on your computer. 4. The Service 4.1 We will use reasonable efforts to make the Service and each Event that you order available to you at all times. However, you acknowledge that the Service is provided by file transfer over the internet and therefore the quality and availability of the Service are affectedby factors that are beyond our reasonable control, such as, technical faults in your telecommunication providers’ and/or your ISP’s service/network. We will not be responsible for suspension, interruption or non-availability of an Event for any of the reasons set out in this Clause 4.1. 4.2 The Service is variable. We reserve the right to alter the Events, presentation of and/or the facilities available on the Service without notice. You acknowledge that some of the Events on the Service may be provided by third parties. The availability of such Events is outside our control and we will not be responsible for any suspension or loss of such Events. 4.3 We may offer you additional services as part of the Service. 5. Your use of the Service 5.1 You must not access the Service or download any Event(s) from the Service outside your household. 5.2 Your rights to view Events streamed from the Service: 5.2.1 are for personal, non-commercial purposes only; and 5.2.2 are on the basis of any specific terms for the relevant Event set out on the Service Website. 5.3 You must not send an Event from the Service to other people. 5.4 You agree that you will: 5.4.1 provide such proof of your identity as we consider reasonably necessary; 5.4.2 not use the Service for any improper, or unlawful purpose, nor allow any others to do the same using your username and password; and 5.4.3 follow our reasonable instructions concerning your use of the Service. 6. Payments 6.1 We will tell you what the Payment for each Event will be prior to you ordering it. The Payment for each Event may vary depending on: 6.1.1. whether you subscribe to a Sky digital package; and/or 6.1.2 the Sky Digital Package to which you subscribe from time to time. Please see the Service Website for details. 6.2. You must pay the amount due for each Event in advance of receiving it. We (or Servecast acting as our agent) will collect the Payment for each Event via the Service Website. 6.3 We may from time to time assess your credit standing using credit scoring, and may use information from, and supply information to, outside agencies for this. We will apply reasonable practices for administering your account based on the result of that scoring. 6.4 If your address is in the Republic of Ireland, a different charge for any Event may be payable by you in Euros. If we do not quote a different price for such Events you will pay us the equivalent price in Euros. All prices include VAT (where applicable). 7. Liability 7.1 We will endeavour to provide the Service and each Event that you order using all reasonable care. Except as required by law, we will not be responsible or liable for the fitness for a particular purpose of the Service, or for any loss or damage caused by: 7.1.1 interruption or delay to the Service or an Event caused by events outside our reasonable control; 7.1.2 any errors, viruses or bugs contained in the Service caused by events outside our reasonable control; 7.1.3 your negligence or your failure to follow our reasonable instructions; 7.1.4 us or our employees or agents in circumstances: (a) where there is no breach of this Contract or a legal duty of care owed to you by us or our employees or agents; (b) where the loss is not a reasonably foreseeable result of any breach; or (c) to the extent that such loss or damage results from any breach of this Contract by you; 7.1.5 any incompatibility of the Service with any other software or material on your computer; or 7.1.6 any other factor that is outside our reasonable control. 7.2 We do not accept any liability for any Events provided by third parties as part of the Service or for any product or service advertised, promoted, offered or sold by third party service providers for use on the Service or otherwise. While all reasonable efforts will be made to ensure that the information contained in the Service provided by us is as accurate as possible, we do not accept any liability and make no representations or warranties in relation to the accuracy or completeness of the information contained in the Service. 8. Copyright, Trademark and Intellectual Property 8.1 Your use of the Service and each Event that you order is protected by intellectual property laws and this Contract. 8.2 All copyright, trade marks and all other intellectual property rights in all Events, material or content supplied as part of the Service will remain ours or, where applicable, our content partners. We hereby grant you a licence to use such rights for your personal use of the Service only, in accordance with this Contract. 8.3 You will not, and you will not assist or facilitate any third party to: 8.3.1 copy, reproduce, transmit, frame, reverse engineer, decrypt, alter or commercially exploit the Service or any Event that you order via the Service; 8.3.2 sell or make any charge for watching an Event or Events or using any part of the Service; or 8.3.3 show any part of an Event or Events in public to an audience, even if no charge is made. 9. Promotions and Advertising 9.1 We and/or our business partners may present advertisements or promotional materials on or through the Service. Your participation in any promotional event is subject to the terms and conditions associated with that event. Your dealings with, or participation in promotions by, any third party advertisers on or through the Service are solely between you and such third party. You agree that we shall not be responsible or liable for any loss or damage of any kind incurred by you as the result of any such dealings or as the result of the presence of such third parties on the Service. 10. Termination 10.1 You can terminate your registration to the Service at any time by giving us notice by writing to British Sky Broadcasting Limited, Grant Way, Isleworth, Middlesex, TW7 5QD or telephoning Customer Service on +44 (0) 870 0248 971. 10.2 We will be entitled to suspend or terminate your access to any part of the Service or any Event or Events that you have ordered at any time should you breach this Contract, or the terms and conditions of any offer you may have selected. 10.3 We may, at our own discretion suspend your registration at any time. We may do this, for example, to update the service for technical reasons. 11. Privacy and Personal Information 11.1 You confirm that any member of the British Sky Broadcasting group may use and share information we hold about you with other companies in the group for market research and the marketing of Sky’s products and services. This may include sending you marketing by email or SMS about the Service or other similar products and services unless you advise us of your preference not to receive such forms of marketing. 11.2 Information held by the British Sky Broadcasting group about you may also be shared with other companies outside the group, including for sales and marketing purposes and for market research on products and services, unless you advise us of your preference not to share such information with such third party companies. 11.3 If you have not already told us that you do not want to receive marketing by email or SMS, or us to share information about you with companies outside the British Sky Broadcasting group, then please call +44 (0) 870 0248 971. 12. Changes to this Contract 12.1 We may not change or add to this Contract for any Event after you have ordered it. If we wish to change this Contract for future Events, we will tell you by email. Your first use of the Service after you have been notified of the new terms will constitute acceptance of such changes. We may refuse your order for any Event in our reasonable discretion. We may also (after we have accepted it) terminate the Contract between us in respect of any Event if at any time; 13. Right to Transfer the Contract and Third Parties 13.1 We can transfer our rights and obligations under this Contract to any company, firm or person. We can only do this if it does not affect your rights under this Contract. You may not transfer your rights or obligations under this Contract to anyone else. 13.2 This Contract is personal to you and no third party is entitled to benefit under this Contract except pursuant to Clause 13.1. 14. Law 14.1 These terms and conditions are governed by English Law. If you are resident in the UK, Channel Islands, or Isle of Man any disputes can be dealt with by the courts in England and Wales or any other United Kingdom court that could lawfully deal with the case. sky.com Terms and ConditionsThese Terms and Conditions shall apply to Your use of the website located at www.sky.com and its related channels ("the Sky Site"). By using the Sky Site You agree to be bound by the terms and conditions set out below. If You do not wish to be bound by these terms and conditions, You should not use the Sky Site. We may change these Terms and Conditions from time to time and so you should check these regularly. Your use of the Sky Site will be deemed an acceptance of the terms existing at that time. As part of Our commitment to ensuring the Sky Site is one You want to visit time and time again We welcome your comments on any of the policies or rules set out below. To contact Us please use the Feedback Form on the Sky Site. 1. Definitions "You" means you, the user of the Sky Site and "Your" shall be interpreted accordingly. "We/Us" means British Sky Broadcasting Limited of Grant Way, Isleworth, Middlesex TW7 5QD (except in sections 6 and 11) and "Our" shall be interpreted accordingly. "Sky Site" shall have the meaning as set out above. "User Information" means the personal details, which may be provided by You to Us via the Sky Site. "Users" means the users of the Sky Site collectively and/or individually as the context admits. "Website" means a site on the World Wide Web.2. Acceptable Use You agree that any use by You of the Sky Site shall be in accordance with the following conditions: 2.1 You will not post or transmit through the Sky Site any defamatory, threatening, obscene, harmful, pornographic or otherwise illegal material or material which would violate or infringe in any way upon our rights or those of others (including intellectual property rights, rights of confidentiality, or rights of privacy) or cause distress or inconvenience. You must not express opinions that are vulgar, crude, sexist, racist or otherwise offensive. Always treat other Users with respect. 2.2 You will not post or otherwise make available on the Sky Site any material, which You do not own without the express permission of the owner of the material. 2.3 You will not copy, download, reproduce, republish, frame, broadcast, transmit in any manner whatsoever, any material on the Sky Site except as is strictly necessary for Your own personal non-commercial home use. 2.4 You will abide by the specific rules of any competition or promotion that You participate in on or via the Sky Site. Unless we tell you otherwise, all prize draws and competitions offered via the Sky Site are not open to people resident outside the United Kingdom. 2.5 You will not do anything that affects the operability or security of the Sky Site or causes unreasonable inconvenience or offence or disruption to our staff. 3. Third Party Websites 3.1 You acknowledge and agree that We are not responsible for the availability of any third party Websites or material You access through the Sky Site. 3.2 We do not endorse and shall not be held responsible or liable for any content, advertising, products or services on or available from such Websites or material. 3.3 Any dealings between You and any third party advertisers or merchants found on or via the Sky Site, including payment for and delivery of products, services and any other terms, conditions, warranties or representations associated with such dealings, are made between You and the relevant advertiser or merchant. Therefore, We are not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings. Where You purchase goods or services directly from Us, section 11 of these terms and conditions will apply. 4. Intellectual Property 4.1 All copyright, trade marks and all other intellectual property rights in all material or content supplied as part of the Sky Site shall remain at all times vested in Us or Our licensors. You are permitted to use this material or content only as expressly authorised in writing by Us or Our licensors. You will not, and You will not assist or facilitate any third party to, copy, reproduce, transmit, distribute, frame, commercially exploit or create derivative works of such material or content. 4.2 If You become aware of any such distribution or commercial exploitation, You agree to notify Us immediately. 4.3 You acknowledge that by posting materials on the Sky Site You grant to Us and Our licensors and assigns an irrevocable, perpetual, royalty free, worldwide licence to use the materials both within the Sky Site and in any other manner. The licence extends to copying, distributing, broadcasting, and otherwise transmitting, and adapting and editing the materials. 5. Liability for and information provided on the Sky Site 5.1 Material which is posted on any bulletin boards or chat forums is written by Users and We are not responsible for and do not endorse such material. We reserve the right to monitor the contributions made and may respond to or comment upon communications made by You and edit, refuse to post, or remove any content from the bulletin boards and chat forums in our absolute discretion. No failure to remove particular material constitutes an endorsement or acceptance of it by Us. 5.2 We will not be held responsible or liable for the content, accuracy, timing or reliability of any information or statements contained within the Sky Site, or for statements, advice and/or opinions made or given by Users on the bulletin boards and chat forums (except as required by law). If You have any claim arising from the actions or statements of another User, You agree to pursue such a claim only against that User and not from Us. 5.3 We will endeavour to provide the Sky Site using all reasonable care. Except as required by law, We will not be responsible or liable for the quality, accuracy or fitness for a particular purpose of the Sky Site and do not promise that the material contained in the Sky Site, or any of the functions contained in the Sky Site or its server will operate without interruption or delay or will be error free, free of viruses or bugs or is compatible with any other software or material. 5.4 We will be liable for any fraudulent misrepresentations We make and for any death or personal injury caused by Our negligence. We will not be responsible or liable to You for any other loss or damage that You or any third party may suffer as a result of using or in connection with Your use of the Sky Site. 6. Privacy 6.1 We shall comply with all applicable UK data protection legislation from time to time in place in respect of any personal information relating to You gathered by Us. 6.2 You may be asked to input information about yourself on different pages of the Sky Site. We will not use the information You provide to Us for any purpose that is not set out in Our Privacy Policy, other than as stated at each location where such information is requested. If you visit the sky.com shop to order any of Sky’s products and services and your order is not successfully completed on-line for any reason, we will retain and use any personal information you have provided to us which may including for market research and the marketing of Sky’s products and services. This may include sending you marketing by email or sms about our similar products and services (unless you advise us of your preference not to receive such marketing). If you don’t want to receive marketing by email or sms then please contact us at dpoffice@bskyb.com.6.3 Please use the Feedback form on the Sky Site to notify Us of any changes to the information You have previously given or if You wish to withdraw Your consent to Our using Your User Information for the stated purposes or for any form of promotional contact. 6.4 In this Section 6 We means British Sky Broadcasting Limited and company which (i) is controlled by British Sky Broadcasting Limited or (ii) which controls British Sky Broadcasting Limited and for this purpose "Control" means the power of a person to secure that the affairs of another are conducted in accordance with its wishes and Controlled shall be construed accordingly. 7. Safety We give Our ongoing commitment to ensuring through Our policy of safety that You can use the Sky Site with confidence. When using the Sky Site, in particular any bulletin boards or chat forums, You should always take the following precautions: 7.1 keep Your identity private. Do not give out Your full name, postal address, telephone number, e-mail address, the name of Your school or any other information (other than that specifically requested by Us), that could help someone discover Your actual identity; 7.2 never meet with someone You meet online. 7.3 do not reply to any messages that are hostile, rude or inappropriate, or in any way make You feel uncomfortable. 8. Indemnity If you are a business User, You agree to indemnify Us, and/or any of Our affiliates and Our and their officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these terms and conditions by You or any other liabilities arising out of Your use of the Sky Site. 9. Termination We reserve the right immediately to terminate Your use of the Sky Site if You breach or We have reasonable grounds to believe that You are likely to breach these terms and conditions or You otherwise engage in conduct which We determine in Our sole discretion to be unacceptable. 10. Feedback Should You wish to make any comments to Us about the Sky Site or if You have any questions relating to the same please contact Us using the Feedback Form on the Sky Site. 11.My Sky Section 11 applies to visitors to the My Sky section of sky.com in addition to the terms and conditions which precede and follow this section. Attention is drawn in particular to paragraph 2 (acceptable use) and paragraph 5 (liability for information provided on the Sky site) above. 11.1 Registration etc 11.2 User name and password When choosing a password a minimum of 7 and a maximum of 25 characters including both alphanumeric characters and must be used without any spaces. It is advisable not to use obvious dictionary words eg password or consecutive numbers or letters or obvious personal information such as children's name, pet's names or date of birth. Password should not be the same as the username, name or email address and should not be re-used when choosing a new password. Each registered user is responsible for the security and proper use of their user name and password and must not disclose either. It is each registered user's responsibility to change their password immediately if they believe it has been compromised. It is also advisable to change these details frequently even if not considered compromised. 11.3 Termination or suspension 12. General 12.1 Invalidity etc 12.2 Governing Law 12.3 Third Party Rights |
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