Terms & Conditions

1. WHAT ARE THESE TERMS OF USE ABOUT?

1.1           Why should you read these Terms of Use (“Terms”)?

These Terms tell you how you may access and use YouView.com so please read them carefully. YouView may update these Terms from time to time so please review this page regularly. Other special terms may apply to your access and use of a particular service on YouView.com and may supplement or vary these Terms. If any special terms apply they will be set out where you access the relevant service on YouView.com.

If you use YouView.com, you agree to be legally bound by whichever version of these Terms is in force at such time.

1.2           Who makes YouView.com available to you and what should you do if you have questions, comments or complaints?

YouView.com is made available to you by YouView TV Limited, a limited liability company registered in England and Wales under registered number 7308805 with its registered address at 2nd Floor, Aldgate Tower, 2 Leman Street, London, E1 8FA (“YouView“). Any reference in these Terms to “you” or “your” means you as a user of YouView.com.

If you have any questions, comments or complaints about YouView.com you can email us.

1.3           Should you read any other information or terms?

Please also read YouView’s Privacy Policy, which explains how YouView uses any information about you that it receives. The Privacy and Cookie Policies form part of these Terms. If there is any inconsistency between the Privacy and Cookie Policies, these Terms will prevail.

Some YouView services may ask you to sign up to additional or other Terms of Use which will apply to your use of that particular service.

2. WHAT IS YOUVIEW CONTENT?

2.1           In these terms:

“YouView Content” means audio, video, text, images, Brand Materials (as defined in clause 3.2.3 below) or other content made available by YouView to you through YouView.com.

2.2           Availability of YouView Content

YouView Content is selected, edited, made available and updated by YouView at its sole discretion.

2.3           YouView Editorial Control of YouView Content

You acknowledge that YouView has absolute editorial control over all YouView Content at all times.

3. HOW CAN YOU USE YOUVIEW.COM AND YOUVIEW CONTENT?

3.1           How you may use YouView.com

If you agree to comply with these Terms, YouView grants you a non-exclusive licence for your personal and non-commercial use to access and view YouView.com and YouView Content.

3.2           How you may NOT use YouView.com and YouView Content

3.2.1           If you are outside of the UK

You may not access, view or use certain parts of YouView Content (such as video streaming) using YouView.com if you are outside of the UK, although you may access and use YouView.com. The types of YouView Content that may be available outside of the UK will usually depend on YouView’s agreements with the persons who own rights in such content.

3.2.2           General restrictions on how you may use YouView.com and YouView Content

(a) You may not disrupt or try to disrupt YouView.com. You agree not to use YouView.com to distribute software viruses or other harmful programs, or use YouView.com to engage in harmful, harassing or otherwise objectionable activity, including activity inhibiting access to or use of YouView.com by others.

(b) You may not infringe or try to infringe the privacy or other rights of other YouView.com users. This includes you storing or trying to store personal data or usage details of other YouView.com users.

(c) You may not infringe any applicable law (for instance copyright law) when accessing or using YouView.com or YouView Content.

(d) You may not subject the YouView.com and/or the YouView Content to any derogatory treatment or use them in such a way that would bring YouView into disrepute, or cause YouView to incur liability to any third party.

(e) You may not, and you may not assist anyone to or attempt to reverse engineer, de-compile, disassemble, adapt, modify, copy, reproduce, lend, hire, sub-license, create derivative works from, broadcast, distribute, commercially exploit or transmit in any other way YouView Content or YouView.com in whole or in part except as permitted in these Terms.

(f) You may not harass or cause distress or inconvenience to any other person using YouView.com or transmit obscene or offensive content or disrupt the normal flow of dialogue within YouView.com.

(g) You may not directly or indirectly charge others for accessing any YouView Content or commercialise or attempt to re-sell the YouView Content in any way.

(h) You may not directly or indirectly suggest any endorsement or approval by YouView of a product or service (for instance, a website) or any non-YouView entity, product or content or any belief or opinion expressed within a product or service.

(i) You may not access and/ or use YouView.com or YouView Content on or in connection with products or services which:

• contain pornography and sexually explicit content;
• contain offensive text or images;
• incite hatred whether based on race, religion, gender, sexuality or otherwise, or promote encourage or facilitate anti-social behaviour;
• contain gratuitous violence or promote, encourage or facilitate violence;
• promote, encourage or facilitate terrorism or other activities that risk national security;
• discriminate against any specific social group or otherwise exploit vulnerable sections of society;
• promote, facilitate or encourage illegal activity;
• are misleading, pornographic, defamatory, or that contain illegal, or otherwise actionable content under UK law;
• infringe individual privacy;
• put the welfare of children at risk
• promote the tobacco industry or the armaments industry (including gun clubs, etc)
• the presence of a YouView application might be perceived as damaging YouView’s reputation for accuracy and impartiality;
• bring YouView into disrepute.

This list is not exhaustive and may be amended by YouView from time to time (collectively referred to as “Excluded Products or Services”).

(j) You agree to use any applications made available to you by YouView as supplied and you agree that you will not change, modify or reverse engineer them in any way.

(k) YouView reserves all of its other rights in YouView Content, YouView.com and its name, logo other trade marks. Nothing in these Terms grants you a right or licence to use any trade mark or design right in a name, logo or trade mark owned or controlled by YouView or any other third party.

3.2.3 How you may use the YouView.com brand toolkit area

In addition to complying with these Terms, the Privacy Policy and any agreement you and/or your company have with YouView, by accessing the YouView brand toolkit area:

(a) you agree that you are accessing the brand toolkit area on behalf of your company and have authority to bind your company to these Terms;

(b) you will comply with the YouView brand guidelines at all times when using the brand toolkit area or any information or materials you access via the brand toolkit area (“Brand Materials”);

(c) you acknowledge that YouView may disable your access to the YouView brand toolkit area and/or request return or destruction of the Brand Materials at any time for any reason;

(d) you will immediately cease using the YouView brand toolkit area and Brand Materials, and return to YouView or destroy any Brand Materials upon YouView’s request or upon revocation of your access to the YouView brand toolkit area;

(e) you will treat your login details as confidential and not allow anyone else to access the YouView brand toolkit area and/or use the Brand Materials without the prior written authorisation of YouView. If YouView authorises you to share the Brand Materials with someone else then you will ensure that the recipient complies with these Terms as if they are you; and

(f) if you become aware that anyone other than you knows your login details to the YouView brand toolkit area without the prior authorisation of YouView you will immediately notify YouView.

4. YOUVIEW.COM AND YOUR DEVICE

4.1           You can use YouView.com on a variety of compatible devices. These Terms apply to your use of YouView.com on any device. YouView.com or some of the features and functionality may not be available on all devices. YouView makes no guarantee that all or any features of YouView.com will work on any particular device.

5. WHO OWNS OR HAS RIGHTS IN YOUVIEW.COM AND YOUVIEW CONTENT?

5.1           All copyright, trade marks, design rights, patents and other intellectual property rights (registered and unregistered) in and on YouView.com and YouView Content belong to YouView and/or YouView’s licensors. Please respect copyright.

6. WHAT OBLIGATIONS DO YOU HAVE UNDER THESE TERMS OF USE?

6.1           Compliance with these Terms

You must comply with these Terms, in particular the general restrictions on how you may use YouView.com and YouView Content.

6.2           Expenses, equipment and software

You are solely responsible for paying all expenses you may incur in connection with your access to and use of YouView.com including your internet service provider charges and any excess charges to that provider if you have a limit on the amount of data you can download together with all costs of the equipment and software you need to connect to and use YouView.com. Accessing and using some YouView.com features and YouView Content (especially video or audio) may lead to substantial bandwidth usage by you which can be expensive so you should be careful you do not exceed any ‘bandwidth cap’ on your account with your internet services provider. YouView is not responsible if your equipment or software is not compatible with any YouView.com. YouView Content may be streamed or download to your device from servers owned and operated by YouView or (on behalf of YouView) by third-party content distribution networks to enhance your experience when you watch or listen to YouView Content.

7. HOW DOES YOUVIEW USE YOUR PERSONAL INFORMATION?

7.1           You can read how YouView uses your personal information in YouView’s Privacy Policy which forms part of these Terms.

8. WHAT ARE YOUVIEW’S LEGAL OBLIGATIONS TO YOU AND HOW DO THESE TERMS OF USE LIMIT YOUVIEW’S LIABILITY?

8.1           The basis on which YouView makes YouView.com available to you

YouView does not guarantee that all YouView Content and/or YouView.com will always be available or be uninterrupted, timely, secure and free from bugs, viruses, errors and omissions.

YouView reserves its right to modify, suspend or discontinue YouView.com or any part of the YouView Content without giving you any advance notice.

8.2           Types of loss or damage YouView is not responsible for

YouView is not responsible for the following kinds of loss or damage which may arise from your use of the YouView.com:

• loss or damage suffered by you or someone else when YouView complies with these Terms;
• loss or damage which is caused by YouView when it does not comply with these Terms but which YouView and you could not anticipate nor expect to happen when you started using YouView.com;
• any loss which is indirect or a side effect of the main loss or damage and which YouView and you could not anticipate nor expect to happen when you started using YouView.com, for instance if you lose revenue or salary, profit, opportunity, or reputation;
• provided YouView complies with its Privacy Policy, any loss of data or damage to your device or software; and
• loss or damage if YouView.com is not provided to you or is interrupted or suspended or if YouView does not comply with these Terms because of events beyond YouView’s control, such as an act of God, accident, fire, lockout, strike or other official labour dispute, civil commotion, rule or order or act of Government or other act or event beyond the reasonable control of YouView.

Nothing in these Terms excludes or limits either YouView’s or your liability for death or personal injury caused by negligence or for fraud or any other liability which cannot be limited or excluded as a matter of law.

8.3           Your legal rights as a consumer

As a consumer, you may have certain legal rights regarding claims in respect of losses caused by YouView’s negligence or the failure by YouView to carry out its obligations. Nothing in these Terms is intended to limit your legal rights as a consumer. For further information about your legal rights you can contact your local authority Trading Standards Department or Citizens Advice Bureau.

9. HOW CAN YOUVIEW STOP MAKING YOUVIEW.COM AVAILABLE TO YOU AND WHAT HAPPENS IF IT DOES SO?

9.1           YouView’s right to stop making YouView.com available to you

YouView reserves the right to stop making all or part of YouView.com available to you with immediate effect and without notice if:

• in its sole reasonable opinion you are using the YouView Content and/or the YouView.com website, inappropriately (for instance harassing or causing distress or inconvenience to any other person), incompetently or in any way that may constitute derogatory treatment of YouView or might bring YouView into disrepute or in a way that might be considered to be prejudicial to the image of YouView;
• you breach these Terms in a way that cannot be corrected, or you fail to correct a breach within a reasonable period of time if YouView asks you to do so; or
• there is, in YouView’s reasonable opinion, a reason why the YouView.com service must be withdrawn.

10. WHAT OTHER (GENERAL) TERMS OF USE APPLY?

10.1           What happens if YouView does not enforce a right against you?

If you breach these Terms and YouView does not exercise or enforce any right that it has against you, YouView may exercise or enforce that right in other situations where you breach these Terms.

10.2           What happens if any part of these Terms is found to be ineffective?

If any part of these Terms is found to be ineffective by a court or regulator, the other parts of these Terms will continue to apply.

10.3           Third parties

These Terms do not create or infer any rights that are enforceable by any person who is not party to these Terms.

10.4           Transfer of rights

You may not assign, sub-license or otherwise transfer any of the rights granted to you in these Terms to any other person.

10.5           What happens if there is a dispute arising out of these Terms?

Any disputes arising out of these Terms will be governed by and interpreted in accordance with the laws of England and Wales (or the laws of Scotland or Northern Ireland if you live there). If you choose to bring proceedings in connection with these Terms you must do so in the courts of England and Wales unless you live in Scotland or Northern Ireland, in which case you can choose to bring proceedings there.

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