Terms and Conditions: Quick Summary
You may use the YouView Service for private, non-commercial use in the UK; we may make changes to the Terms and to the YouView Service and we will get your consent where necessary; Content is made available by content providers and not by us and as a result third party terms may apply; you need a reliable broadband connection and you should be careful that you do not exceed any cap on use of your broadband account; YouView aims to provide a continuous, high quality service but cannot guarantee that it will always be available, uninterrupted or error free.
These Terms were last updated on 23rd October 2012.
1.1 The YouView Service and your YouView device provide you with a method of accessing, through the YouView user interface, programmes, films and other audiovisual or audio content, applications, information and/or services (called “Content” in these Terms) on your TV.
1.2 Because of the way the YouView Service is set up:
1.2.1 your YouView device is the responsibility of the company who manufactured it;
1.2.2 we provide you with a method of accessing Content on your TV via the YouView user interface;
1.2.3 all Content you receive via the YouView Service is made available to you by other people (which we call “content providers” in these Terms) and not by us; and
1.2.4 we are not responsible for scheduling any Content, the availability of any Content or the contents of the Content, none of which forms part of the YouView Service.
2.1 Us and you: By agreeing to these Terms you are entering into a legally binding agreement with us, and accept full responsibility for use by you, anyone else in your household, and any third party, of your YouView device and/or the YouView Service received through your YouView device. In these Terms, “we”, “us” or “our” refers to YouView TV Ltd, a company incorporated in England and Wales with registered number 7308805 and with its registered office address at 3rd Floor, 10 Lower Thames Street, London, EC3R 6EN, and “you” or “your” refers to you as the user of the YouView Service.
2.2.1 your YouView device – the manufacturer of your YouView device;
2.2.2 your internet connection – your internet service provider; and
3.1 What these Terms and Conditions cover: These Terms and Conditions cover our provision of and your access to and use of the YouView Service and your YouView device.
3.3 Other terms
3.3.1 New services: From time to time we may offer new services through the YouView Service. New terms may apply to these services and any changes to these Terms will be dealt with as described in paragraph 3.2 above. If there is any conflict between these Terms and any new terms, the new terms will prevail.
3.3.2 Terms of content providers: Because you can access, via the YouView Service, Content that is made available by content providers, the terms and the pricing (if any) which apply to the Content are determined by the content providers providing it and are beyond our control and responsibility. You must comply with any terms required by content providers when you access their Content.
3.3.3 Other third party terms: In some cases you may be provided with a YouView device (and access to the YouView Service) by a third party (such as an internet service provider) as part of your contract with that third party. Under that contract, additional terms may apply to your relationship with that third party and to your use of the YouView device (and access to certain parts of the YouView Service).
5.1 How you may use the YouView Service: Subject to your compliance with these Terms, you may use the YouView Service for private, non-commercial use in the UK only.
5.2 How you may not use the YouView Service: You may not use the YouView Service in any way other than as described in paragraph 5.1 above. In particular you may not:
5.2.1 make any public or commercial use of the YouView Services or any Content, for example, by charging others for accessing them;
5.2.2 modify, copy (except as permitted by law), reproduce, rebroadcast, or retransmit in any way any of the Content or the YouView Service;
5.2.3 copy or transfer any Content (except as permitted by law) or the YouView Service to another device;
5.2.4 access or use, or allow anyone else to access or use, the YouView Service for any unlawful purpose;
5.2.5 use your YouView device for any other purpose than receiving the YouView Service; and/or
5.2.6 disassemble, reverse engineer or otherwise decompile the YouView device, the YouView Service and/or any software, applications, upgrades or updates available through the YouView Service or installed on any YouView devices, except that you may decompile any such software, applications upgrades or updates only to the extent permitted by law.
5.3 Breach of security: If you suspect or become aware of: any breach of the security measures on the YouView Service or your YouView device; any unauthorised use of the YouView Service; or any other breach of security regarding any transactions that you make through the YouView Service, please tell us immediately using the contact details at www.youview.com.
6.1 As stated in paragraph 1.2 above, all of the Content is made available to you by content providers and not by us. As a result:
6.1.1 other people’s terms and conditions and privacy policies may apply (see paragraph 3.3 above) and we are not responsible for these terms and conditions;
6.1.2 content providers may levy a charge for access to their Content and we are not responsible for this;
6.1.3 we have no responsibility for content providers;
6.1.4 in the case of information provided by third parties, we can’t guarantee it is correct; and
6.1.5 your dealings with (including participation in any promotions by) any content providers through the YouView Service are solely between you and such content provider.
7.1 The internet connection you’ll need: To use certain elements of the YouView Service you will need a broadband internet connection. In order to make the most of the YouView Service and to enjoy a high quality TV experience you will need a broadband connection speed no lower than the speed recommended by us from time to time. Please check our website (at www.youview.com) for further details.
7.2 Your internet use: Even if your broadband connection speed meets or is above the speed we recommend, if anyone else is using your broadband connection (for example on another computer in your home) at the same time as you are using it to access certain elements of the YouView Service, this may affect your ability to make the most of and enjoy the YouView Service.
7.3 Your internet service provider and usage: The YouView Service uses your broadband connection for a variety of reasons, such as accessing certain Content and accessing software upgrades and updates (see paragraph 8.3 below). Your internet usage is subject to the terms and conditions which your internet service provider applies to your use of its services. You should be careful that you do not exceed any cap on use of your broadband connection which applies to your broadband account with your internet service provider. If you are not sure whether or not you are subject to any cap on use of your broadband connection you should check with your internet service provider.
8.1 Necessary changes: We may make changes to the YouView Service:
8.1.1 as a result of legal or regulatory requirements;
8.1.2 if the change does not have a detrimental effect on the YouView Service you are currently receiving;
8.1.3 where it is necessary to do so to fix any “bugs” or errors;
8.1.4 for reasons relating to security of the YouView Service; and/or
8.1.5 for technical and/or operational reasons.
In some circumstances such changes may have to be made quickly and we may have to change the YouView Service to a previous version whilst (for example) a bug or error is fixed. Some functionality and/or features may be lost during this time but we will try to fix and to restore all functionality and/or features as quickly as possible and we will not be liable to you for any such period of lost functionality and/or features.
8.2 Improvements to the YouView service: We are always looking for ways to improve the YouView Service, and we may make such improvements from time to time. These improvements might include, amongst other things:
8.2.1 adding new features;
8.2.2 removing any features that are not working properly;
8.2.3 changing certain technical specifications;
8.2.4 embedding digital rights management protection to enable content providers to protect their Content; and/or
8.2.5 making other changes that are necessary to improve the YouView Service.
8.3 YouView software upgrades and updates: We will make the changes described in paragraphs 8.1 and 8.2 above through software upgrades and updates, which will be delivered to you via your broadband connection. You will not be able to decline any software upgrade or update relating to a change described in paragraph 8.1 but you will always be able to decline a software upgrade or update relating to a change described in paragraph 8.2 where the change has a detriment on the YouView Service you are currently receiving, although doing so may prevent you from being able to access the most up to date features of the YouView Service. It is therefore strongly recommended that you accept all software upgrades and updates.
8.4 Third party software upgrades and updates: Your YouView device contains software of third parties such as content providers and the manufacturer of your YouView device. These third parties may upgrade and update their software from time to time. We are not responsible for any such upgrades or updates.
9.1 Our rights and the rights of content providers: You may not use any of our branding or intellectual property rights without our prior permission in writing or use the branding or intellectual property rights of any content providers or their Content without their prior permission in writing. We reserve all of our rights in the YouView Service and its name, logo, branding and trade marks.
9.2 Software: We will supply the YouView Service and any software developed by us in connection with the YouView Service using reasonable skill and care but we make no other representations, warranties or guarantees, either express or implied, with respect to the YouView Service and such software. Software developed by third parties but supplied by us is provided on an “as is” and “as available” basis and we do not make any representations or warranties or guarantees either express, implied or statutory, with respect to such software.
9.3 Digital rights management: Your YouView device contains digital rights management security features. Some Content may also utilise digital rights management security features and/or other content-protection measures. These features and measures enable content providers to protect their Content when they make it available to you via the YouView Service. You may not remove or circumvent or try to remove or circumvent these features or measures.
10.1 Occasionally, we may have to interrupt the YouView Service or suspend or restrict your use of all or any part of the YouView Service where reasonably necessary for technical, operational, security, legal or regulatory reasons. If we do so, we will restore it as quickly as we can and we will not be liable to you for any harm you suffer as a result of such interruption, suspension or restriction.
10.2 In the event that your YouView device is identified as a device in respect of which any digital rights management system has been circumvented or is likely to be circumvented, YouView reserves the right to suspend the provision of all or part of the YouView Service to your YouView device.
11.1 Content that might not be suitable for everyone: Some Content may not be suitable and/or available for everyone. This might include programmes that are not appropriate for children, or services for which payments are required. You will be given the opportunity to turn on parental controls during the initial set up process or at any time afterwards by going to the settings area of the YouView Service. You are responsible for setting up and maintaining parental controls or any other controls that are available, and we will not be responsible for any harm, loss or damage you suffer or any other user of your YouView device suffers as a result of your failure to manage your parental control settings or if you allow or enable Content to be viewed by members of your household for whom such Content is not appropriate.
11.2 Setting up a PIN: There will be a pre-set PIN for you to use the YouView Service. When you first use the YouView Service you can choose to keep that PIN or to change it. You are responsible for keeping your PIN secure and confidential and you must take all reasonable precautions to prevent it being used by someone else. If you know or suspect that your PIN has been compromised you should immediately change it.
We will do our best to ensure that the YouView Service is accessible by as many people as possible, although we do not control and are not responsible for the accessibility features of the Content.
13.1 The quality of the YouView Service you receive: We aim to provide a continuous, high quality service but we cannot guarantee that the YouView Service will always be available or be uninterrupted, timely, secure or free from bugs, errors and omissions.
13.2 Other factors that determine the quality of the YouView Service that you receive: The quality and availability of the YouView Service is dependent in part on factors which are outside of our control such as:
13.2.1 your TV aerial;
13.2.2 the availability of digital TV channels in your area;
13.2.3 the quality and availability of the Content; and
13.2.4 in relation to any of the features of the YouView Service which are accessed over the internet, the quality of your broadband internet connection.
13.3 Types of loss or damage that we are not responsible for: We are not responsible for any harm, loss or damage suffered by you or anyone else which may arise from use of the YouView Service:
13.3.1 when we have complied with these Terms;
13.3.2 if you have not complied with these Terms;
13.3.3 as a result of a defect with your YouView device;
13.3.4 relating to your use or viewing of any Content;
13.3.5 which is indirect or a side effect of the main harm, loss or damage and which we and you could not have anticipated nor expected to happen when you agreed to these Terms, for instance if you lose revenue or salary, profit, opportunity or reputation;
13.3.6 as a result of any loss of data from or damage to your YouView device or the YouView Service;
13.3.7 as a result of any infringement or alleged infringement of intellectual property rights by a third party; and
13.3.8 if the YouView Service is interrupted, suspended or otherwise not provided to you or if we do not comply with these Terms because of events beyond our control, for example, industrial disputes, technical difficulties, failure of or delays in communications networks, acts of terrorism or power failure.
13.4 Types of loss or damage for which liability is not excluded or limited: Nothing in these Terms excludes or limits:
13.4.1 our liability for death or personal injury caused by our negligence or fraud; and
13.4.2 your liability for death or personal injury caused by your negligence or fraud.
13.5 Types of loss or damage for which our liability is limited: For any loss or damage suffered by you or anyone else which may arise from use of the YouView Service and which is not covered by paragraphs 13.3 and 13.4, our liability is limited to £100.
13.6 Your legal rights as a consumer: Nothing in these Terms excludes or limits your legal rights as a consumer. For further information about your legal rights you can contact your local authority, Trading Standards Institute or Citizens Advice Bureau.
14.1 You may stop using the YouView Service at any time.
14.2 If you fail to comply with these Terms, we may stop your access to the YouView Service or to certain elements of the YouView Service.
15.1 Save as otherwise expressly stated, these Terms contain the entire agreement between us and you relating to the YouView Service and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between us and you relating to the YouView Service.
15.2 We can assign, sub-contract and/or otherwise transfer any or all of our rights and/or obligations under these Terms to any company, firm or person. We can only do this if it does not affect your rights under these Terms. You may not assign, sub-contract and/or otherwise transfer your rights or obligations under these Terms to anyone else except in accordance with our procedures.
15.3 These Terms are personal to you and no third party is intended to benefit under these Terms.
15.4 If you fail to comply with these Terms and we take no action against you, we will still be entitled to enforce our rights against you in relation to that breach and to use our rights and remedies in any other situation where you breach these Terms.
15.5 All or any part of any term of these Terms that is found to be unfair or unenforceable by a court of competent jurisdiction will be treated as deleted and the remainder of the Terms will continue to govern each of our respective obligations.
15.6 English is the only language in which these Terms are offered.
15.7 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, in which case you can choose to bring proceedings there, or in Northern Ireland, in which case you can choose to bring proceedings there.
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