Terms and Conditions: Quick Summary
PART 1: TERMS AND CONDITIONS
1. ABOUT THE YOUVIEW SERVICE
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 device via the YouView user interface;
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. ABOUT YOUVIEW AND YOU
2.2 How to contact us: Our contact details can be found at our website: www.youview.com and you should contact us if you have any questions relating to the Terms and Conditions, our Privacy & Cookies Policy and/or the YouView Service. However, if you have any questions relating to the following matters, you should contact the corresponding person indicated below:
2.2.1 your YouView device – the manufacturer of your YouView device;
2.2.2 your internet connection – your internet service provider; and
2.2.3 any Content – the content provider of the relevant Content.
3.1 The 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
3.3.2 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).
4.1 To use the YouView Service, you must agree to our Privacy & Cookies Policy. Please read our Data Promise and our Privacy & Cookies Policy which can be found at http://www.youview.com/privacy/product/, to find out how we may use your Personal Data.
5. YOUR USE OF THE YOUVIEW SERVICE
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 device, 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 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 their 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.
6.2 You agree that we shall not be responsible or liable for any loss or damage of any kind incurred by you as a result of any dealings with content providers or other third parties via the YouView Service or as the result of their presence on the YouView Service.
7. THE YOUVIEW SERVICE AND YOUR INTERNET CONNECTION
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.
7.4 Interruptions to your broadband internet connection: If your broadband internet connection is interrupted or unavailable you may not be able to access certain elements of the YouView Service. We are not responsible if your access to the YouView Service is interrupted or unavailable due to your broadband internet connection.
8. CHANGES TO THE YOUVIEW SERVICE
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 paragraphs 8.1 or 8.2.
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. INTELLECTUAL PROPERTY RIGHTS
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. INTERRUPTIONS TO AND SUSPENSION OF THE YOUVIEW SERVICE
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. PARENTAL CONTROLS
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. YOUVIEW SERVICE AND RESPONSIBILITIES
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:
13.3.3 as a result of a defect with your YouView device;
13.3.4 relating to your use or viewing of any Content;
13.3.6 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
13.4.1 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.
14.1 You may stop using the YouView Service at any time.
15. GENERAL TERMS
PART 2: PRIVACY & COOKIES POLICY
Like any internet-connected device, we and our service and content providers collect certain information from you and your YouView device when you use your YouView device and access the YouView Service. Most of the information we collect is purely technical in nature and relates only to your use of the YouView devices and does not enable us to identify you as an individual (unless you voluntarily provide your personal contact details to us when, for example, contacting us for technical support reasons), but does enable us to maintain, personalise and improve the YouView Service (in each case as described below). The information that our content providers collect will be governed by their own privacy practices.
This Privacy & Cookies Policy explains what information we collect from your YouView device and what we do with this information. It also explains how you can contact us if you have any questions or concerns, and your rights in respect of the information we collect.
This Privacy & Cookies Policy relates only to information collected from your YouView device. More information about how YouView processes Personal Data (as defined in the Data Protection Act 1998) is contained in our Data Promise and on our website. The latest versions of these documents are available on our website at http://www.youview.com/.
1. WHAT INFORMATION DO WE COLLECT AND WHY?
1.1 Device Settings and Preferences: In the course of using the YouView Service, you may alter settings or set preferences in Settings. We will use these in order to maintain, improve and personalise your experience of the YouView Service (in each case as described below). Some of these settings and preferences are system-wide, which means that they will be made accessible to content providers, so you only need turn on a setting or preference once. The following settings and preferences will be made accessible in this way:
(a) Accessibility Settings and Preferences: We provide (and will provide) a range of Accessibility Settings including Subtitles, Subtitle Language, Audio Description, Audio Language, Signing and Quality Preferences.
(b) Parental Controls: These controls enable you to protect your children from accessing content that may be inappropriate for them.
(c) Location: In the same way that traditional TV broadcasters provide regionalised content to their viewers (for example, regional news programs or advertisements), we and our content providers may provide you with content that is localised to the geographic area where you live. To do this, we and they may collect certain location information from your YouView device.
1.2 Approximate geographic region: We and our content providers can determine the approximate geographic area in which you use your YouView device by, for example, using information included in the broadcast signal received by your TV aerial. This information only indicates the approximate geographic area in which you use your YouView device (such as your county, but not your street address) and is necessary for content regionalisation purposes. For example, this information may be used to direct you to ITV, STV or UTV, as appropriate for your region. In addition, we and our content providers will also use this information for aggregated reporting and analysis purposes, and our content providers may also use it to provide regionalised advertising to your YouView device. This means that our content providers may substitute 'standard' adverts with ones that are specific to your approximate location and therefore more likely to be relevant to you.
1.3 Postcode: We ask you for your postcode and house name or number upon your set-up of the YouView Service. This is optional. We and our content providers will use this information for reporting and/or analysis purposes. We may also provide content-related services which would include additional and improved localisation services (such as local radio), beyond what can be provided through simply using your approximate geographic location. We and our content providers may also use your postcode and house name or number to provide locally relevant advertising to you on your YouView device. How to opt out: If you do not want your postcode and/or house name or number to be available to our content providers, you can opt out of sharing this information in the Settings menu (see our Data Promise for more information). If you have entered your postcode incorrectly, or wish to add, change or delete your postcode and/or house name or number after set-up, you can update it via the Settings menu.
1.4 Usage Data: In the same way that websites automatically store log files which are incidentally generated by your use of that website, your YouView device automatically generates data about your use of that device and of the YouView Service, termed “Usage Data”. This data may include, for example, the type of content you watch, the journey you took to reach specific content, what content was played and how you use the YouView Service such as whether you watch content live, on demand or save content to watch later. YouView will use this data (together with your device’s current RUID or any or all of the anonymous Device IDs (see paragraph 1.5 below) and/or your IP address and/or associated autonomous system number (“ASN”)) and may share such data with content providers and other third parties to:
(a) Power services such as 'Most Popular' and Recommendations; and
(b) Improve and develop the YouView Service including offering additional services to you.
1.5 Operational and Error Data: Whenever you access a part of the YouView Service to play a programme, for example catch-up TV or linear TV, any errors that occur with the YouView Service will be logged by your YouView device in association with your device’s then-current RUID and/or your IP address (and associated ASN). This data will be periodically reported back to us and we will use it to identify and, where necessary and possible, remedy any problems with your device and the YouView Service and also to monitor issues with the YouView Service in the interests of continuous improvement. We also use Operational and Error Data to identify any attempted circumvention of device security (see paragraph 1.6 below), so that we can protect our intellectual property rights and those of our content providers.
1.6 Device IDs: Your YouView device contains various device unique identifiers (you can think of these as being like serial numbers) that we or our content providers access for important operational, analytical and security purposes. We describe these identifiers below so that you understand what they are and why we need to use them.
(a) Device Unique ID (‘DUID’): Your YouView device contains a Unique Device ID (‘DUID) to which ‘YouView Affiliate ISPs’ have access (i.e. internet service providers who have entered into a legally binding agreement with us). YouView Affiliate ISPs use the DUID (together with certain Operational and Error Data, described below) to optimise content and ISP services on your YouView device, to provide you with remote customer support (when you need it) and for account management purposes.
(b) Device Make and Model ID: Your YouView device contains a non-specific ID which allows us to determine what type of make and model it is. This will be used to ensure that your device receives the correct software updates and upgrades. Our content providers also access your Device Make and Model ID to check that you are using a valid YouView device when serving content to you and also for the purpose of maintaining secure connections with your device, when necessary.
(c) Reporting Unique ID (‘RUID’): Your YouView device also generates a unique reporting ID which we use to report Operational and Error Data and to power certain services for you (such as ‘Most Popular’ and 'Recommendations' services, and ways to save your favourite channels and programmes). We provide RUIDs along with your IP address to YouView’s Affiliate ISPs for the purpose of investigating and resolving any issues you may raise with your YouView device and to generally optimise content and ISP services on your YouView device. You can change this ID at any time by performing a factory reset of your YouView device.
(d) Digital Rights Management Unique Device ID (‘DRM IDs’): Your YouView device also contains multiple Digital Rights Management Unique Device IDs (‘DRM IDs’). DRM IDs are used by some content providers responsible to protect their intellectual property rights in the content they provide. Without effective digital rights management (or 'DRM'), content providers would not be able to provide premium content, such as movies, on your YouView device. DRM IDs are set by the Marlin Trust Management Organization (‘MTMO’) which is an organisation independent of us. We require content providers who use DRM IDs not to use them for any purpose other than for digital rights management to protect intellectual property in their content.
We may also provide third parties and content providers with reports which are linked to any or all of the Device IDs.
1.7 Device Security: The Usage Data and Operational and Error Data that we collect from your YouView device (together with any Device IDs and/or the IP address and/or the ASN) will be used by us to maintain the security of your information and to protect our intellectual property rights and those of our content providers. We may use it, for example, to identify any attempted circumvention of Digital Rights Management technologies on your device. If we reasonably suspect that the Digital Rights Management system on your YouView device has been circumvented or is likely to be circumvented, then we and our content providers may take technical and legal measures to protect and enforce our intellectual property rights. This may include taking measures to prevent your YouView device from playing content that is protected by Digital Rights Management technologies.
1.8 Internet service discovery: Your YouView device may discover information about the internet service to which it is connected, where that information is provided by your ISP. This information will be stored locally on your device. content providers will be able to access this information from the device to enable them to tailor their content services accordingly (for example, to ensure that you have access to all content services that should be available to you as a customer of your ISP).
2. COOKIES AND OTHER IDENTIFIERS
2.3 We provide you with the ability to clear cookies and locally stored data stored on your YouView device, which you can do at any time via the Settings menu by conducting a factory reset of your device. If you delete them this may cause some services not to work correctly or as well as they might otherwise work – for example you may need to log into a service again even if you have already logged in before.
2.4 Please see the Cookies Policy on our website at http://www.youview.com/cookies/ for more information on cookies collected on other devices and what we do with them.
3. HOW LONG WILL WE STORE YOUR DATA
We will use and store information about you as set out in this Privacy & Cookies Policy for so long as you use the YouView service and for as long as is necessary for the purposes set out here after you cease using the YouView service.
4. WHO ELSE MAY ACCESS YOUR DATA
4.1 In addition to content providers, we may also share Personal Data and information about your YouView device with other third party service providers who perform services on our behalf. We will only share Personal Data to the extent this is necessary to enable those service providers to provide their services to us and under a strict duty of confidence. These third parties will be required to comply strictly with our instructions and we will also require that they do not use your Personal Data for their own business purposes, unless you have explicitly consented to the use of your Personal Data in this way. We will not otherwise share your Personal Data without first seeking your consent.
4.2 In addition, we may disclose information collected about you or your YouView device where this is necessary to comply with applicable law or regulation, in response to a lawful request from a law enforcement agency or court of competent jurisdiction, or where we believe disclosure is necessary to establish, exercise or defend our legal rights or those of our content or other service providers.
4.3 In the event that a third party acquires some or all of our assets or business, the information we hold about you and your YouView device will be transferred to that third party so that they can continue to provide the YouView service to you.
4.4 If you provide us with information (including Personal Data) when you contact our support centre we may share this information about you with third parties if you have agreed to this.
4.5 Finally, we may disclose and use anonymised, aggregated reporting and statistics about users of the YouView service for the purpose of internal reporting or reporting to our content or other service providers, and for our marketing and promotion purposes. None of these anonymised, aggregated reports or statistics will enable our users to be personally identified.
5. INTERNATIONAL TRANSFERS
From time to time, some of our service providers may provide services to us from territories that are outside the European Economic Area (the "EEA"). Territories outside the EEA may not have the same standards of data protection as those, like the UK, that are in the EEA. However, if we provide any Personal Data about you to any such non-EEA service providers, we take all necessary measures to ensure those service providers protect your information adequately in accordance with this Privacy & Cookies Policy.
We use appropriate technical and organisational measures to protect both the security of information stored on your YouView device and information that we collect from you (including Personal Data) and your YouView device. However, as with any internet-connected device, no internet transmission can ever be guaranteed 100% secure, so you should always take care whenever disclosing personal information about yourself online.
7. YOUR RIGHTS
7.1 You have the right to request a copy of any Personal Data we hold about you and to have any inaccuracies corrected. We charge a £10 admin fee for information requests and will require two pieces of approved identification to process the request.
7.2 Please send any correspondence relating to this Privacy & Cookies Policy or our Data Promise to: firstname.lastname@example.org for the attention of our Data Protection Officer. Please see our Data Promise (http://www.youview.com/privacy/datapromise/) for details of how you can change your information sharing preferences on your YouView device.
7.3 If you want to access, correct or update any Personal Data held about you by any third parties, including our content and service providers, you would need to contact them directly.
Last Updated: June 2015
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