Terms & Conditions for BritBox
Last amended on March 1, 2017
Please note that these Terms include hyperlinks that may be accessible only through our website. If you are reviewing these Terms on certain devices, you may need to visitbritbox.com/terms-and-conditionsto review the hyperlinked material.
IF YOU ARE A RESIDENT OF THE UNITED STATES OR ITS TERRITORIES, YOU AGREE TO THE PROVISIONS GOVERNING BINDING ARBITRATION, WAIVER OF CLASS CLAIMS AND JURY TRIAL, AND LIMITATION ON THE TIME TO BRING CLAIMS CONTAINED IN SECTION 20 OF THESE TERMS TO RESOLVE ANY DISPUTES WITH BRITBOX.
2. Agreement to the Terms
THIS IS A BINDING LEGAL AGREEMENT BETWEEN YOU AND BRITBOX. YOU MUST READ THESE TERMS IN THEIR ENTIRETY. BY ACCESSING OR USING THE SERVICES, YOU ACCEPT AND AGREE TO THESE TERMS, INCLUDING ANY AND ALL RESTRICTIONS POSTED VIA THE SERVICES, WITHOUT ANY MODIFICATION, ADDITION OR DELETION. IF YOU DO NOT AGREE TO OR CANNOT COMPLY WITH THE TERMS CONTAINED IN THIS AGREEMENT IN THEIR ENTIRETY, YOU ARE NOT AUTHORIZED TO USE THE SERVICES.
PLEASE NOTE THAT YOU MAY BE DENIED ACCESS TO THE SERVICES, IN THE SOLE DISCRETION OF BRITBOX, WITH OR WITHOUT PRIOR NOTICE TO YOU, FOR NONCOMPLIANCE WITH ANY PROVISION OF THIS AGREEMENT OR FOR ANY OTHER REASON.
3. Agreement to Changes or Updates
We reserve the right to make changes and update any information or Content contained within the Services and Terms without either prior notice or notice other than by revision of the Terms. Please check this page periodically for updates. Any changes to these provisions will be incorporated into revised Terms that we will post here. Changes are effective when they are posted. You have the obligation to review changes to these Terms when you access or re-access the Services. If you do not agree to, or cannot comply with the revised Terms, you must stop using the Services. Your continued use of the Services following any changes shall constitute your agreement to these Terms and a binding agreement between you and BritBox.
The Services are owned and operated by BritBox. BritBox, its current affiliates and its subsidiaries (hereinafter, collectively, “Affiliates”), and those third parties that have granted us usage authorizations (“Licensors”) own the logos, images, text, tools, graphics, marks, names, photographs, sound, illustrations, design elements, materials, codes and software (collectively “Content”) displayed or posted on or through the Services. Copyrights, trademarks, trade names, service marks or names, or other proprietary rights and laws protect this Content.
5. Violations and Termination
Any conduct that in any way violates these Terms or any posted restrictions or guidelines may result, in our sole discretion, in the termination of your license and right to utilize the Services for any purpose, and our pursuit of legal damages and/or other remedies against you or others. If necessary, or as authorized under applicable law, we may cooperate with local, provincial, state and federal authorities to protect the Services, the Content, BritBox, its Affiliates, Licensors, members, employees, agents and other users; to comply with applicable laws; or to prevent unauthorized access or use of the Services or the Content. We retain the right to deny access to the Services, in our sole discretion, to any individual for any reason, including for any violation of these Terms or any law.
6. Subscription, Billing, Registration and Cancellation
Subscription: While we may offer access to some Content for free or with the viewing of advertisements, we charge a monthly or annual fee to access the Services that requires a subscription. Your subscription will continue unless and until you cancel your subscription or we terminate it. You must have Internet access and provide us with a current, valid credit card or other method of payment accepted by BritBox (“Payment Method”) to utilize your subscription. You agree that your subscription is for personal use only, that we may limit the number of simultaneous streams and the number of devices by which you may access the Services, and that the Services may be accessed and utilized only through devices located in the United States and Canada. We may offer different subscription plans, including differing conditions and limitations. You can find specific details regarding your subscription in the Account Details section of the Services. We reserve the right to modify or terminate our offered subscription plans at any time.
Billing: You authorize us and our payment processor to charge your monthly and/or annual subscription fee at the then current rate, any other charges you may incur in connection with your access to and use of the Services, as well as any applicable taxes to your Payment Method. You also authorize us and our payment processor to place a test charge on your Payment Method; we do not charge you in connection with this test charge. We reserve the right to adjust pricing for our Services at any time in our sole and absolute discretion. Any changes to your subscription fee will take effect following email notice to you. You are responsible for providing complete and accurate billing and contact information to us. If you want to change or update your Payment Method, you must edit your Payment Method information by navigating to the Account Details section of/account/editor, if you pay for the Services through your account on a third-party platform, by modifying the payment instructions on the platform you use to pay for the Services. If your Payment Method expires, has insufficient funds, is deactivated or otherwise does not make payment and you do not update your Payment Method or cancel your subscription, you authorize us and our payment processor to continue billing and to contact your Payment Method provider to obtain updated information at our option, and you will remain responsible for any unpaid amounts. For certain Payment Methods, your Payment Method provider may charge you a foreign transaction fee or other charges; you are responsible for all of these charges.
Cancellation: You may cancel your BritBox subscription at any time. If you cancel your subscription, the cancellation will be effective at the end of the current billing period. You must cancel your subscription before it renews in order to avoid being billed for the next subscription period’s subscription fee. You can see your next renewal date by navigating to the Account Details section ofbritbox.comor the third-party platform you use to access and pay for the Services. To cancel your subscription, go to the Account Details section of Britbox at/account/edit. If you pay for the Services through your account on a third-party platform, then you must cancel your subscription on the third-party platform you use to pay for the Services.
No Refunds or Credits: PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, you will continue to have access to the Service through the end of your current billing period provided that you had previously paid for that period.
7. Account and Registration
Account: In order to utilize some of the Services, including having a subscription, you will be asked to register for an account and provide us with certain personal information and payment information. You agree to provide accurate and current information and to update it as necessary to maintain its accuracy. You agree not to mask your identity by providing false information, or by providing another person’s information that you are not authorized to provide. If you provide us with any information you are not authorized to provide, we may suspend or terminate your subscription or access to the Services and pursue other legal remedies.
You are responsible for all use of your account, including use of your account by other members of your household. By allowing others to access your account, you agree to be responsible for ensuring that they comply with these Terms and you agree to be responsible for their activity using the Services.
Age Restrictions: The Services are not intended to be used by individuals under the age of thirteen without the involvement and approval of a parent or guardian. If you are under the age of 13, you are not permitted to register with BritBox or provide your personal information to BritBox. If you are at least 13 but under 18 years of age (or under the applicable age of majority in your state or province of residence), you may use the Services, except as provided in section 12, only after your parent or guardian has consented to these Terms. BritBox specifically disclaims any and all responsibility or obligation to monitor or verify the age or legal status of any user of the Services and will have no liability resulting from any use of our Services by any minors.
Protection of Passwords: Registration for certain Services may require you to select a password. You agree that you are responsible for maintaining the confidentiality and security of any passwords that you establish when registering for activities, features, or service offerings. You agree to notify us of any unauthorized use of your password immediately after you become aware of such use. BritBox will not be responsible for any losses arising out of the unauthorized use of your account. You agree to indemnify and hold harmless BritBox, its Affiliates, members, employees, agents and other users from any claim, action or damages related to such use.
Streaming Content: The availability of Content to watch will change from time to time, and from country to country. The quality of the display of the streaming Content may vary from device to device, and may be affected by a variety of factors, including your location, the bandwidth available, and speed of your Internet connection. The availability of certain high-definition Content is subject to your Internet service and device capabilities. Not all Content is available in high-definition. You are responsible for all Internet and mobile access charges. Please check with your Internet or mobile provider for information about possible data usage charges. BritBox makes no representations or warranties about the display quality of the Content on your device.
Parental Controls: Subscribers may limit the maturity level of Content viewable on your account by adjusting the parental control settings in the Account Details section of the Services.
8. Restrictions on Use of Content
You may view the Content from the Services for personal and non-commercial use only. Use of Content for any purpose not expressly permitted herein is prohibited. You may not copy, download (except for the temporary caching while streaming the Content for personal use or where explicitly permitted in the Services), reproduce, republish, upload, post, transmit, distribute, sell, license, rent, publicly display or perform, edit, store, re-use, adapt, incorporate or create a derivative work of, in any manner, any Content obtained from the Services other than as expressly provided herein. Any use, copying, downloading, reproduction or redistribution for commercial purposes is strictly prohibited. Nothing contained on the Services grants, or shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any BritBox Content or any other entity’s trademarks, trade names, service marks or logos other than as expressly provided herein or without the prior written permission of the applicable entity.
You expressly agree not to engage in any use or activity that:
- Interrupts, destroys, alters, damages, delays or limits the functionality or integrity of the Services or Content offered through the Services, including any associated software, hardware, or telecommunications or wireless equipment;
- Manipulates identifiers or numeric information to disguise the origin of any user, device, material or other information;
- Infringes on any patent, trademark, trade name, service mark or name, copyright, trade secret, or other proprietary right of any Content;
- Contains unauthorized advertising, advertises Content as your own or solicits other visitors for any purpose other than promoting BritBox;
- Promotes any business or commercial activity for any products, goods or services without prior written consent from BritBox;
- Impersonates any business or entity, or falsely represents your affiliation with a person or entity;
- Causes the forwarding of information that you do not own, have the right to provide, or that is false or misdirected;
- Translates, reverse engineers, decompiles, disassembles, modifies or creates derivative works based on the Services, Software, the Content available through the Services or any portion thereof;
- Removes, alters or circumvents any digital rights management technology, content protection or access control used by BritBox or its licensors to protect the Services or the Content, including any geo-fencing mechanisms;
- Rents, leases, lends, sublicenses, or otherwise redistributes any part of the Services or the Content;
- Is unlawful, harmful to adults or minors, threatening, abusive, harassing, inflammatory, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or otherwise objectionable; or
- Otherwise violates BritBox policies or the Terms.
BritBox and its Affiliates reserve all rights to pursue any causes of action, including, but not limited to, for infringement or damages resulting from failure to comply with these restrictions and the Terms.
In the event a feature of the Services authorizes the download of certain software, the software, including any files, images, graphics or Content incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by us or our Licensors for your personal, non-commercial use only. We do not transfer title to the Software to you. You own the medium or electronic device on which the Software is viewable or recorded, but we (or our Licensors) retain full and complete title to the Software and all intellectual property rights therein. You may not sell, auction, decompile, reverse engineer, disassemble, redistribute for any purposes or otherwise reduce the Software to a human-readable form. BritBox reserves all rights not expressly granted to you.
BritBox may issue you updates of the Software automatically. If you decline any Software updates, you may not be able to use or access the Software or the Services. You are solely responsible for the Software’s compatibility, ability to function and interface with your medium or electronic device. Upon termination of these Terms, you shall cease all use of the Software and destroy all copies of the Software that you have downloaded on any medium or device. The Software may provide BritBox with limited access to your device. Among other things, the Software may provide BritBox with information related to your use of the Services, including Content viewed, amount of time viewed, information regarding your device, such as a unique device identifier, your operating system, existing software, your general location, type or amount of Internet connectivity, and your interaction with the Software or Services. This information will, among other things, enable us to manage rights associated with the Content, help you use the Software or Services more effectively, enforce these Terms and otherwise help us to enhance and improve the Software and Services.
10. Prohibitions on Framing and Posting
You are prohibited from (i) framing or linking to any portion of the Services or the Content other than the content expressly made available to users for that purpose; (ii) posting banners, advertising or other links on the Services; or (iii) using any Content for purposes beyond personal use, without the express written permission of BritBox. Written requests for framing, site postings, advertising or Content usage should be sent to the address listed at the end of these Terms.
You may encourage others to lawfully access the information appearing on our Services or available through other electronic devices. You may also link to our homepage from another website or electronic communications, as long as the link does not imply or state any affiliation, connection, sponsorship or approval by BritBox. You may not bypass registered areas of our Services or hyperlink to restricted pages, or otherwise assist or enable third parties to avoid or evade subscription or registration requirements relating to the Services.
11. Electronic Communications and Unsolicited Submissions
By using the Services, you consent to receive electronic communications, including postings within the Services, from BritBox relating to your account. You agree that any notices, agreements, disclosures or other information that we send you electronically will satisfy any legal communication requirements, including any requirement to be in writing. You should maintain copies of electronic communications by printing a copy or saving a copy electronically.
If you are Canadian resident, subject to providing your express consent evidence by checking the box and option when you register to use our Services, you consent to receive (via email or through the Services) communications from us regarding the use of the Services, and authorize us to send you other communications, newsletters or offers regarding third-party products and services. If you do not opt-in to receive these communications, the remainder of the Terms will continue to apply to you and your use of the Services.
While we appreciate your communications, BritBox cannot guarantee that it will respond to your messages. When you submit non-identifying information to us, you agree that BritBox has the right to publish, use, copy, store and distribute the material for any use, including promotional and advertising purposes, without liability or restriction. We assume no obligation to limit the use of or to protect any such non-identifying information from disclosure.
BritBox does not accept unsolicited submissions for its shows, websites and other products. You agree not to make any such submissions to BritBox through the Services or otherwise, including story ideas, character ideas, plot suggestions, set or costume designs, or scripts. Notwithstanding the foregoing, if, in breach of these Terms, you do send us a submission, you agree not to assert any ownership right of any kind in the submission (including, but not limited to copyright, trademark, unfair competition, moral rights, or implied contract) and you waive the right to receive any financial or other consideration in connection with such unsolicited submission including, but not limited to, credit.
12. Interactive Areas
We may provide access to interactive areas on the Services, such as chats and discussion boards, user content areas and talk forums (collectively identified as “Interactive Areas”). You must be 18 years of age or older to post any information to any Interactive Areas. These Interactive Areas are public areas and may be owned, operated or managed by entities other than BritBox. These entities may share information regarding these Interactive Areas with BritBox, its Affiliates and other third parties. BritBox reserves the right, in its sole discretion, to remove any content, chats, discussion boards or any other content posted through the Services.
You represent and warrant that you are the owner of, have the right to provide and license to BritBox, and are responsible for any information, materials or images that originate from you or your account and that are emailed, posted, uploaded, transmitted or otherwise made available for access, viewing or use over the Services, in Interactive Areas or through other electronic devices. You grant BritBox and its Affiliates an irrevocable, royalty-free, perpetual, sub-licensable and transferable, non-exclusive right to use, copy, display, modify, transform, edit, perform and create derivative works from and to distribute any information that you post, upload or transmit in or through the Services.
If a posting, message or other transmission originates from you or your account, you hereby understand and agree that you are placing the posting in the public domain, and you represent and warrant that the posted or transmitted information (i) is not unlawful, harmful to adults or minors, threatening abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or otherwise objectionable; (ii) does not violate any patent, trademark, trade secret, copyright or other proprietary rights of any person; (iii) does not contain unauthorized advertising or solicit other users; (iv) does not interrupt, destroy or limit the functionality, integrity or operation of the Services; (v) does not violate the Terms; (vi) is for non-commercial purposes and is not intended to promote or generate revenue for any business enterprise or commercial activity; and (vii) does not reveal plot points or other “spoiler” elements related to any BritBox programming. You also expressly agree not to use Interactive Areas to make available any information or content that violates the restrictions contained in section 8 above or that disrupts or incites others to violate our standards, any laws or these Terms.
For increased security, we encourage you to not include any personal information about yourself or others in Interactive Areas, such as your name, phone number, email or street address. You should consider using a screen name or other alias (other than your real name) to identify yourself in any public or Interactive Areas.
BritBox, its Affiliates and any content providers that conduct, operate or manage Interactive Areas will not be responsible or liable for the actions or postings of any users or third parties with respect to any information, materials or content posted, uploaded or transmitted in Interactive Areas. Postings to Interactive Areas may not be reviewed by BritBox prior to appearing publicly. BritBox reserves the right, but has no obligation, to change, delete or remove, in part or in full, any postings made available through the Services or in Interactive Areas. BritBox may also terminate or suspend access to such areas for conduct that we believe interferes with other people’s enjoyment, violates applicable laws or these Terms.
13. Wireless Services
BritBox may provide users with the opportunity to register for special services, news, programming, applications or other information delivered via wireless devices. When registering for such services, users consent to the delivery and receipt of any such information from BritBox or its third party service providers over the wireless device. You may be asked to provide wireless device contact information through a mobile device number, wireless email or other contact information. Additional information, such as your wireless carrier, may also be requested to complete the registration. You are solely responsible and liable for any information provided when registering for wireless services and for any fees or charges applied by your wireless carrier for all messages, images or other communications, sent via the Services. Under no circumstances will BritBox or its Affiliates be responsible or liable for any wireless carrier fees or charges incurred by you or a third party that has access to your wireless device, telephone number or email address, including for third parties that receive information from BritBox as directed by your registration for such service.
Certain activities or services available through wireless or other electronic devices may involve: (i) communications over various networks, servers or devices prior to reaching you; (ii) changes to adapt to differing security requirements; and (iii) changes to adapt to different technology requirements of various networks. You understand that such automated communications and changes are beyond the control of BritBox once the Content or other information leaves the BritBox’s network or systems. BritBox and its Affiliates are not liable or responsible for any consequence or damage resulting, directly or indirectly, from such automated communications or changes.
You must comply with any additional end user licensing restrictions in connection with wireless services and application marketplaces. You understand and agree that BritBox, at its sole discretion, may discontinue or terminate any wireless or other services at any time and without notice.
14. Accuracy of Information
The Services may occasionally contain Content, information or specifications that are inaccurate, incomplete or out of date. We make no representations or warranties regarding the Content or the Services’ accuracy, validity, correctness, timeliness or reliability, or that usage will be error-free. Services’ information may not be updated on a daily basis and may not be the most current information available. Although we may post updated information, we may continue to allow access to the original information or Content, or we may not go back and change the original information to reflect new developments. You should independently confirm any information appearing through the Services. We are not responsible for any claim, liability or damage resulting from your use, reaction or reliance on any Content or information available through the Services.
15. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
THE SERVICES AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE DO NOT WARRANT, EXPRESSLY OR BY IMPLICATION, THE ACCURACY OR RELIABILITY OF ANY CONTENT PROVIDED OR POSTED THROUGH THE SERVICES OR ITS SUITABILITY FOR ANY PARTICULAR PURPOSE. BRITBOX EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, SATISFACTION, QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND WARRANTIES AGAINST INTERFERENCE OR INFRINGEMENT ARISING FROM THE COURSE OF DEALING OR COURSE OF PERFORMANCE. BRITBOX DOES NOT WARRANT THAT THE CONTENT FOUND THROUGH THE SERVICES IS FREE FROM VIRUSES OR OTHER POTENTIALLY HARMFUL ATTRIBUTES.
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, NEITHER BRITBOX NOR ITS AFFILIATES, SHAREHOLDERS, MEMBERS, EMPLOYEES, LICENSORS OR AGENTS WILL BE LIABLE (JOINTLY OR SEVERALLY) OR HAVE RESPONSIBILITY OF ANY KIND WHATSOEVER TO YOU OR THIRD PARTY, FOR ANY LOSS, HARM OR DAMAGE THAT RESULTS OR OCCURS FROM: (I) USE OF OR ACCESS TO SERVICES OR CONTENT POSTED THROUGH THE SERVICES; (II) USE OR ACCESS TO ANY PRODUCT OR SERVICE, PROVIDED AS A FEATURE OR OFFERING THROUGH THE SERVICES; (III) ANY FAILURE OR INTERRUPTION OF THE SERVICES; (IV) ANY ACT OR OMISSION OF ANY SERVICE PROVIDER OR AGENT INVOLVED IN MAKING THE SERVICES OR THE CONTENT AVAILABLE; (V) ANY OTHER CAUSE RELATING TO A USER’S ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, ANY PORTION OF THE SERVICES OR CONTENT; (VI) ANY CONTENT, MATERIALS, ADVICE OR OPINIONS POSTED OR UPLOADED THROUGH THE SERVICES, INCLUDING YOUR RELIANCE ON SUCH INFORMATION; (VII) ANY SECURITY BREACH, VIRUS, BUG, TAMPERING, UNAUTHORIZED INTERVENTION, FRAUD, ERROR, INACCURACY, OR DEFECT OR TECHNICAL MALFUNCTIONS; OR (VII) ANY USER’S FAILURE TO COMPLY WITH THESE TERMS, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF BRITBOX, ITS AFFILIATES OR AGENTS PROVIDING SOFTWARE, SERVICES OR SUPPORT. IN NO EVENT WILL BRITBOX, ITS AFFILIATES, SHAREHOLDERS, MEMBERS, EMPLOYEES, LICENSORS OR AGENTS BE LIABLE TO ANY INDIVIDUAL FOR ANY DIRECT, SPECIAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OR ANY OTHER LOSS OR DAMAGES OF ANY KIND EVEN IF BRITBOX OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. NOTHING IN THESE TERMS SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS BRITBOX, ITS AFFILIATES, SHAREHOLDERS, MEMBERS, EMPLOYEES, LICENSORS, AND AGENTS FROM AND AGAINST ALL CLAIMS, LOSSES, EXPENSES, DAMAGES, COSTS AND FEES, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM YOUR VIOLATION OR BREACH OF THESE TERMS, YOUR UNAUTHORIZED ACCESS TO OR USE OF THE CONTENT OR THE SERVICES, ANY CONTENT YOU PROVIDE TO THE SERVICES, ANY VIOLATION BY YOU OR BY ANYONE USING YOUR ACCOUNT OF ANY LAW OR THIRD-PARTY RIGHTS, AND ANY CONSEQUENCES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SERVICES OR THE CONTENT.
17. Third-Party Links, Websites, and Services; Advice and Opinions; and Advertising
Certain features, promotions, activities or information may be made available, sponsored or promoted by Affiliates, service providers, advertisers or sponsors.
Advice and Opinions: The Services and Content may contain facts, views, opinions and statements of BritBox, its Affiliates, employees, agents or independent third parties. We do not represent or endorse the accuracy, reliability, appropriateness or truthfulness of any advice, opinion, statement or other information or images displayed or distributed through our Services or the Content. Statements or other information posted by third parties also do not reflect the views, opinions or beliefs of BritBox or its Affiliates, and are not intended to replace or provide any medical or other professional diagnosis, treatment, claim, advice or recommendation. You acknowledge and assume all risks and liability associated with your review, use, reaction or reliance on any statements, opinions or other information posted or transmitted by third parties on or through the Services.
18. Closed Captioning of Video Programming
If you have any questions, concerns or complaints about closed captioning, please send your correspondence to the address listed at the end of these Terms.
19. Choice of Law and Forum
These Services originate and are located in the United States, and these Terms shall be governed by and construed in accordance with the laws of the State of New York applicable to contracts made and wholly performed therein, excluding its conflicts of law provisions. Any dispute arising out of or relating to these Terms or your access or use of the Services will be subject to the exclusive jurisdiction of the courts located within the State of New York to the extent these Terms allow any court determination, and you hereby submit to the personal jurisdiction of such courts. If you have a dispute with one or more of our other users, you release BritBox and its Affiliates from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
20. ARBITRATION OF CLAIMS; WAIVER OF CLASS CLAIMS AND TRIAL BY JUDGE OR JURY; STATUTE OF LIMITATIONS
PLEASE READ THIS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. If you are a resident of the United States or its territories, the Terms require the use of arbitration to resolve disputes and otherwise limit the remedies available to you in the event of a dispute. Subject to the "Exclusions" paragraph below, BritBox and you agree to arbitrate disputes and claims arising out of or relating to the Services. BritBox and you agree to treat all arbitration filings, proceedings and decisions as confidential.
Right to Opt-Out. If you do not wish to be bound by these arbitration provisions, you must notify BritBox in writing within thirty (30) days of the later of (a) the date that you first use the Services on a non-subscription basis, or (b) the date that you first subscribe to the Services. You may opt-out by e-mail by sending a written notification email@example.com. Your written notification to BritBox must include your name, postal address, and the email address you used to register with the Services as well as a clear statement that you do not wish to resolve disputes with BritBox through arbitration. Your decision to opt-out of this arbitration provision will have no adverse effect on your relationship with BritBox or the delivery of Services to you.
Exclusions. YOU AND BRITBOX AGREE THAT THE FOLLOWING CLAIMS OR DISPUTES ARE NOT SUBJECT TO ARBITRATION:
(1) ANY INDIVIDUAL ACTION BROUGHT BY YOU OR BY BRITBOX ON ANY MATTER OR SUBJECT THAT IS WITHIN THE JURISDICTION OF A COURT THAT IS LIMITED TO ADJUDICATING SMALL CLAIMS;
(2) ANY DISPUTE OVER THE VALIDITY OF ANY PARTY'S INTELLECTUAL PROPERTY RIGHTS; AND
(3) ANY DISPUTE RELATED TO OR ARISING FROM ALLEGATIONS ASSOCIATED WITH UNAUTHORIZED USE OR RECEIPT OF THE SERVICES.
The foregoing arbitration provisions shall survive the termination or expiration of these Terms.
Apple App Store This paragraph applies to any application version of the Services that you acquire from the Apple App Store. The Terms are entered into between you and BritBox. Apple, Inc. (“Apple”) is not a party to the Terms and shall have no obligations with respect to the Services. BritBox, not Apple, is solely responsible for the Services, including any maintenance and support, and the content thereof as set forth hereunder. However, Apple and Apple’s subsidiaries are third-party beneficiaries of the Terms. Upon your acceptance of the Terms, Apple shall have the right (and you will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the application. We both acknowledge that BritBox, not Apple, is responsible for addressing any end-user or third-party claims related to the application, including, but not limited to: (a) product liability claims, (b) any claim that the application fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar law. Further, we both acknowledge that Apple is not responsible for any third-party claim that the application or your possession or use of the application infringes on that third party’s intellectual property rights.
22. General Sweepstakes and Contest Terms
Please read the additional terms and conditions of the particular sweepstake or contest (the “Official Rules”) carefully before entering. In the event of a conflict between this section and the Official Rules of a particular sweepstakes or contest (each a “Giveaway”), the terms of that particular Giveaway’s Official Rules will apply. A copy of the Official Rules will be included onbritbox.comand the name of the winner will be published by BritBox following the conclusion of the Giveaway. Please note that in order to participate in a promotion, contest or sweepstakes, you may be asked to register for an account or provide us with certain personal information and may also be required to meet an older minimum age requirement and agree to additional posted rules and terms.
NO PURCHASE NECESSARY TO ENTER. Each Giveaway is open only to legal residents of the fifty (50) United States (including the District of Columbia) who are eighteen (18) years of age or older at the time of entry. Employees of BritBox, its parent companies and their subsidiaries, its promotional partners, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. The Giveaway is subject to federal, state and local laws and regulations and is void where prohibited by law.
Each Giveaway is sponsored by the legal entity or entities identified in the Official Rules (the “Sponsor”). Winning a prize is contingent upon fulfilling all requirements set forth herein and in the Official Rules in a timely manner. Each Giveaway shall begin and end at the dates and times set forth in the Official Rules (each an “Entry Period”). Entries received prior to or after the Entry Period will be disqualified. The use of any agencies or automated software to submit entries will void all entries submitted. During an Entry Period, entrants may be asked to participate in an activity as instructed by the Sponsor. The Sponsor will select a potential winner from the eligible entries received for the particular Giveaway and select a winner based on the requirements set forth in the Official Rules. The odds of being selected depend on the number of eligible entries received. The Sponsor will attempt to notify the potential winner(s) within the time period following the Giveaway that is stated in the Official Rules. If a potential winner does not respond within the time period stated in the Official Rules, the Sponsor will select the next place winner in his/her place at random from all eligible entries received.
Except where prohibited, a potential winner may be required to complete and return an affidavit of eligibility and liability and publicity release (the “Affidavit/Release”) within fourteen (14) calendar days of being notified. If a potential winner fails to sign and return the Affidavit/Release within the required time period, an alternate entrant will be selected in his/her place in a random drawing of all eligible entries received. If a prize is valued at $600 or more, or the winner has been awarded prizes by the Sponsor, its parent company, or subsidiaries that are valued at $600 or more in the aggregate, the potential winner will be required to fill out and return a W-9 form within fourteen (14) calendar days of being notified.
The awarded winner(s) (each a “Winner”) shall receive the prize as described in the Official Rules. No cash or other substitution may be made, except by the Sponsor, who reserves the right to substitute another prize of equal or greater value if the advertised prize is not available for any reason as determined by the Sponsor in its sole discretion. The Winner is responsible for all taxes associated with the prize. The Prize is awarded “as is” and without warranty of any kind, express or implied, including, without limitation, any implied warranty of merchantability or fitness for a particular purpose.
All information submitted as part of a Giveaway will be treated in accordance with the Sponsors’ privacy policies. By entering the Giveaway, an entrant agrees to receive promotional and other materials from the Sponsor or the Sponsor’s parent companies and their subsidiaries. Entrants may opt-out of receiving promotional materials as set forth in the applicable privacy policies.
Except where prohibited, participation in the Giveaway constitutes the Winner’s consent to the Sponsor’s use of Winner’s name, likeness, voice, opinions, biographical information, and state of residence for promotional purposes in any media without further payment or consideration.
In the event that the operation, security, or administration of any Giveaway is impaired in any way for any reason, including, but not limited to fraud, virus or other technical problem, the Sponsor may, in its sole discretion, either: (a) suspend the Giveaway to address the impairment and then resume the Giveaway in a manner that best conforms to the spirit of the Official Rules; or (b) award the prizes at random from among the eligible entries received up to the time of the impairment. The Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Giveaway or to be acting in violation of the Official Rules or in an unsportsmanlike or disruptive manner. The Sponsor’s failure to enforce any term of this section or the Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to any entry, the e-mail address used to enter will be deemed the entrant.
Third Party Beneficiaries: You agree that, except for as otherwise expressly provided in the Terms, there are no third party beneficiaries to this Agreement.
Validity of these Terms: Except as specifically noted, if any provision of these Terms is held invalid or unenforceable, the remaining provisions are to be construed in a manner consistent with applicable law to reflect the original intent, and the remaining provisions of these Terms will remain in full force and effect.
Full Understanding: These Terms, including any posted restrictions and guidelines, contain the full understanding of the parties with respect to access and usage of the Services and Content. No action of ours, other than an express written waiver or update to these Terms, may be construed as a waiver of any part of these Terms. In the event BritBox waives any specific provision of these Terms, all other portions will remain intact.
Contact Us and Customer Service: If you have questions or need assistance, you can contact our customer service department firstname.lastname@example.org.