TERMS AND CONDITIONS
DIGITAL THEATRE.COM LIMITED
TERMS AND CONDITIONS OF USE
1.1 In these Terms:
'Digital Theatre' means Digital Theatre.Com Limited;
'Content' means all filmed theatrical productions together with any and all other material on the Site made available for download/streaming;
'Contract' means the contract for the provision of the Service to you on the basis of these Terms;
'Service' means the Digital Theatre digital media download and streaming services;
'Site' means Digital Theatre's website at www.digitaltheatre.com, or any other site used by
Digital Theatre for the provision of the Service;
'Software' means the Digital Theatre software product(s) and digital asset(s) which may include associated software components;
'Standard Charge' means Digital Theatre's standard charge for supply of the Service, as set out on the Site or as varied from time to time;
'Territory' means the world and the universe;
'Users', 'you' or 'your' means the person who has registered on the Site and for whom Digital Theatre has agreed to provide the Service in accordance with these Terms, and includes any individual who uses the Service on behalf of that person.
1.2 In these Terms and on the Site the "purchase" of Content refers to downloading the Content which you can then keep for an unlimited period of time, and the "renting" of Content refers to access being made available to you for streaming the Content for a limited period of time (for further details see http://www.digitaltheatre.com/production).2. INFORMATION ABOUT DIGITAL THEATRE
2.1 Digitaltheatre.com is a site operated by Digital Theatre.Com Limited. Digital Theatre is registered in England and Wales under company number 06570330. Digital Theatre's registered office is at 20 Bedford Square, London, WC1B 3HH. Digital Theatre's VAT number is 939 9959 30.3. INTELLECTUAL PROPERTY RIGHTS
3.1 You acknowledge that Digital Theatre is the owner or the licensee of all intellectual property rights in the Site and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
3.2 You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the any intellectual property rights in the Site, in any manner, and you shall not exploit the said intellectual property rights in any unauthorised way whatsoever. You acknowledge that no intellectual property rights are intended to, nor shall they be deemed to, transfer to any person who accesses the Site, in any way, including (but not limited to) by assignment, implied assignment, licence or implied licence, either by application of these Terms or use of the Site in any other way, whether authorised or not by these Terms.
3.3 Digital Theatre may at its own discretion and without giving notice alter, remove or suspend any part of the Site and any Content of the Site. In no event will Digital Theatre be liable for any loss or damage arising as a result of modifications made to the Site.4. REGISTRATION PROCESS
4.1 To purchase or rent Content you must first complete the registration process on the Site. If you register with the Site on behalf of another individual, firm, company or other person, you must ensure that the other person is aware of and agrees to these Terms, and you warrant that you have done so and are authorised to bind that other person.
4.2 In order to purchase and download/rent and stream Content, you will be required to enter the username and password you selected during the registration process.
4.3 You are responsible for the security and proper use of all passwords and must take all necessary steps to ensure that all passwords are kept confidential, and are used properly and not disclosed to unauthorised people. You will be responsible for all activities and orders under your password. You must inform Digital Theatre immediately if you have any reason to believe that any passwords have become known to someone not authorised to use it or if any passwords are being or likely to be used in an unauthorised way. Digital Theatre will not be liable if passwords are disclosed or used improperly.
4.4 Digital Theatre has the right to disable any password at any time if in Digital Theatre's opinion you have failed to comply with any of the provisions of these Terms.
4.5 If you forget any password, you will be given a new password once you contact Digital Theatre and satisfy the security checks which Digital Theatre operates.
4.6 You confirm that all the information supplied by you during the registration process is true, complete and accurate in all respects. You agree to notify Digital Theatre immediately of any changes to your registration information. If Digital Theatre believes that you have provided false information or that you have intentionally failed to notify Digital Theatre of any changes to this information, Digital Theatre reserves the right to terminate your access to the Service immediately and without notice.5. THE SERVICE & YOUR USE OF THE SITE
5.1 The Site provides video content of theatrical productions. Among other features on the Site you may:
5.1.1 download the Software which provides you with the means to download and/or stream filmed theatrical productions;
5.1.2 preview clips and trailers or gallery photos directly from the Site on a promotional basis at no cost to you.
5.2 When you register on the Digital Theatre website or a website using the Digital Theatre Software, the Software may, when first launched, download a subset of short trailers that you may view at your leisure.
5.3 The Service is for your own personal and non-commercial use and you may not (or support others to) make any copies of any downloads/streams other than for personal use or capture, copy, or download any preview or other material on the Site.
5.4 Except as expressly provided in these Terms no part of the Site or Services may be copied or reproduced in any manner and you may not use any automatic device or manual process to access, acquire, copy or monitor any portion of the Site or Services or in any way reproduce or circumvent the navigational structure or presentation of the Site.
5.5 The use of any part of the Site or Service, except for use of the Site or Service as permitted in these Terms, is strictly prohibited and may result in the infringement of the intellectual property rights of others, subjecting you to civil and criminal penalties, including possible monetary damages, for copyright infringement. You also agree that you will not use the Site or Service for any purposes prohibited by any applicable law.
5.6 You agree you will not (or support others to) circumvent or modify any security technology or Software that is part of the Site.
5.7 You agree that you will not use the Service in any manner that could damage, disable, impair or overburden the Site and will not attempt to gain unauthorised access to any part of the Site through hacking, password mining or any other means.
5.8 You will be responsible for any losses and costs resulting from your breach of these Terms.
5.9 If you choose to access the Site from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.6. AGE RESTRICTION & CHILD SUPERVISION
6.1 You must be at least 18 years of age to register for use of the Site and Services. If you are under 18 but at least 13 years of age you must present these Terms to your parent or legal guardian and he/she may register on your behalf, otherwise you are not entitled to use the Site or the Services.
6.2 Parents/guardians allowing children access to and use of the Site should supervise such access and use. Certain Content may not be suitable for minors and Digital Theatre will give an indication of this where possible. It is your responsibility to determine what is suitable for them to access.7. TERMS FOR DOWNLOADING & STREAMING / PRICE & PAYMENT
7.1 Once you have selected the Content you wish to purchase and click the 'commit to purchase' button this will constitute an offer to Digital Theatre to buy the Content. Digital Theatre will then process your transaction and will send you an email receipt for your purchase. Digital Theatre's email receipt for your purchase of Content brings into existence a legally binding contract between you and Digital Theatre. If Digital Theatre is unable to accept your purchase for any reason we will notify you as soon as possible by email.
7.2 In consideration of the supply of the Service, you agree to pay to Digital Theatre the Standard Charge in relation to each download and/or stream.
7.3 Digital Theatre shall, at its sole discretion, be entitled to vary the Standard Charge from time to time without notice to you.
7.4 All payments under the Contract shall include VAT (or the equivalent).
7.5 Payment of Digital Theatre's charges by you for the use of the Service can be made by any method of payment and in any currency shown on the checkout page of the Site.
7.6 Under our 'Gift Certificate' service you can pre-pay for Content on behalf of someone else and then send the Gift Certificate to that person, who can then register in their own name to download/stream the Content. For further details see http://www.digitaltheatre.com/production/certificate.8. REFUND POLICY
8.1 All sales are final and all charges from those sales are non-refundable unless faulty. Due to the nature of the service it is not possible to cancel your purchase after you have downloaded it.
8.2 While Digital Theatre will send you an e-mail notification of every valid purchase Digital Theatre receives from you, Digital Theatre cannot guarantee that the notification will be received by you, or that it will be legible and uncorrupted.
8.3 You must observe and comply with all applicable laws when you download and/or stream any product from the Site.
8.4 You shall be entitled to notify Digital Theatre of any faulty Content purchased and downloaded and/or streamed by you within seven (7) days of the initial download and/or initial stream. Digital Theatre shall permit you to download and/or stream a file containing the same Content in replacement of the original faulty Content at no cost if in its reasonable opinion Digital Theatre deems the original download and/or stream to be corrupt, malfunctioning or inoperable on your system.9. LINKS TO THIRD PARTY WEBSITES
9.1 The Site may include links to third party websites that are controlled and maintained by others. Any link is not an endorsement of such websites and you acknowledge and agree that Digital Theatre is not responsible for the content or availability of any such sites.10. SERVICE ACCESS
10.1 While we try to ensure that the Service is normally available 24 hours a day, we cannot be held responsible if for any reason the Service is unavailable at any time or for any period.
10.2 Access to the Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
10.3 Although we make all reasonable efforts to ensure that the server that makes the Site available is bug and virus free, we cannot provide any guarantee in this respect.
10.4 You are responsible for obtaining Internet access to the Site from where you are in order to use the Service. We cannot be held responsible for your failure to access the Site or use the Service from any location or browser. Any access fees incurred in reaching the Site (e.g. dial up charges) and any equipment necessary to access the Service are your responsibility.
10.5 Owing to the nature of the Internet and the fact that your access to the Site involves functionality outside our control, we cannot be held responsible for technical problems that you may experience with the Service.
10.6 We do not guarantee that the Service will be compatible with your computer. While we try to provide the Service using all reasonable care, we cannot be held responsible for any corruption or loss of data held on your computer, or any damage caused to your computer resulting from your use of the Service.11. GRANT OF LICENCE FOR SOFTWARE
11.1 You may download the Software for free. Use of the Software is subject to the Digital Theatre's End User Licence Agreement and any other separate end user licence agreement entered into between you and the licensor of any third party product.
11.2 Users are granted the non-exclusive, non-transferable right to download and/or stream (at Users election) the Content provided on the Site in the formats made available by Digital Theatre once such content has been purchased.
11.3 Subject to the terms of the Digital Theatre End User Licence, Users are granted the nonexclusive, non-transferable right to use the Software on not more than 3 compatible devices.
11.4 These Terms, and the Digital Theatre End User Licence Agreement, do not allow you to use the Software on any device that you do not own or control, and you may not distribute or make the Software available over a network where it could be used by multiple devices at the same time. You may not modify, rent, lease, lend, sell, assign, transfer, redistribute or sublicense the Software. You may not copy (except as expressly permitted by these Terms and the End User Licence Agreement), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Software, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Software). Any attempt to do so is a breach of the rights of the Digital Theatre and its licensors (where applicable). If you breach this restriction, you may be subject to prosecution and damages.12. SOFTWARE UPDATES
12.1 In order to ensure that the Service is functioning at its best, from time to time we may ask you to upgrade to a newer version of the Software. In addition, we may find it necessary to send you automatic fixes or support files13. DISCLAIMERS AND LIMITATION OF LIABILITY
13.1 Use of the Service is at your own risk. Digital Theatre does not promise that the Site, Content, Service or feature of the Site will be uninterrupted or error-free, or that any defects will be corrected. The Site, Content and Service are provided on an "as-is" and "available" basis without any warranty of any kind whether express or implied.
13.2 Digital Theatre cannot ensure that any files or other data you download and/or stream from the Site will be free of viruses or anything else that may be destructive.
13.3 Digital Theatre disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the Site and you assume total responsibility for your use of the Site and any linked sites.
13.4 To the extent permitted by law Digital Theatre and third parties connected to Digital Theatre hereby expressly exclude:
13.4.1 all conditions, warranties (express or implied) and other terms which might otherwise be implied by statute, common law or the law of equity; and
13.4.2 any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Site or Services or any websites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue; loss of business; loss of profits/savings; loss of data; loss of goodwill; wasted time and for any other loss or damage of any kind however so arising whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
13.5 Notwithstanding the above if Digital Theatre is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Service, Digital Theatre's liability shall in no event exceed the total of any fees paid by you with respect to the Service within the six months prior to the date of the initial claim made against Digital Theatre.
13.6 Nothing stated in Clause 11.4 above shall be construed so as to exclude or limit the liability for death or personal injury as a result of the negligence of Digital Theatre nor any other liability which cannot be excluded or limited under applicable law.
13.7 Your sole remedy for dissatisfaction with the Site, Content or Service is to stop using the Site or any such Content
13.8 Digital Theatre reserves the right, without notice, to do any of the following at any time:
13.8.1 to modify, interrupt, suspend or terminate operation of or access to the Site, or any portion of the Site; and
13.8.2 to modify or change the Site, and any policies or terms.14. INDEMNITY
16.1 Digital Theatre may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site. Digital Theatre reserves the right to disclose any information that Digital Theatre deems necessary to comply with any applicable law, regulation, legal process or governmental request. Digital Theatre may also disclose your information when Digital Theatre determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.17. TERMINATION
17.1 Digital Theatre has the right to terminate your access to any or all of the Services at any time, without notice, for any reason, including without limitation, breach of these Terms . Digital Theatre may also, at its sole discretion, discontinue the Site/Services or any part thereof without prior notice and you agree that Digital Theatre shall not be liable to you or any third party for any termination of your access to the Site/Service.18. SEVERANCE
18.1 If any of these Terms should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms shall survive and remain in full force and effect and continue to be binding and enforceable.19. GOVERNING LAW
19.1 The use of this Service and any dispute or claim arising out of or in connection with it or its subject matter (including non-contractual disputes or claims) shall be governed by and construed according the laws of England and Wales and the parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction.