DIGITAL THEATRE.COM LIMITED: TERMS AND CONDITIONS OF USE
Please read carefully the following terms and conditions ('these Terms') which apply to the Digital Theatre.Com Limited website www.digitaltheatre.com/consumer ('Digital Theatre') service ('the Service') and which apply in addition to the Digital Theatre privacy policy as set out on the Digital Theatre website. By using the Service you agree that you are an individual, that your use of the Service will be for domestic, non-commercial purposes, and you also agree to be legally bound by these Terms. If you do not agree to these Terms, or are an institution or commercial entity of any kind, do not use the Service as you will be in breach of these Terms. Instead, visit our subscription site designed for educational and other commercial institutions at www.digitaltheatreplus.com/education.
You can print off these Terms, or store them in your computer, for future reference. These Terms may be updated by us from time to time without notice to you. You should review the Digital Theatre website periodically for changes to these Terms, your continued use of the Service after any such changes constitutes your acceptance of the new Terms. The latest version of these Terms will apply at the time that any issue is raised under these Terms.
1. INTERPRETATION
1.1 In these Terms:
'Content' means all filmed theatrical productions together with any and all other material on the Site made available for streaming;
'Contract' means the contract for the provision of the Service to you on the basis of these Terms;
'Digital Theatre' means Digital Theatre.Com Limited;
'Service' means the Digital Theatre streaming service;
'Site' means Digital Theatre's website at www.digitaltheatre.com, or any other site used by Digital Theatre for the provision of the Service;
'Standard Charge' means Digital Theatre's standard charges 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 for personal usage only, and specifically excludes institutions and commercial entities.
1.2 There are two main ways for a consumer to access Content from the Service:
(i) through a subscription to the Site by paying a subscription fee or
(ii) as a one-off rental from the Site by paying a rental fee for a particular item of Content.
1.3 Therefore, in these Terms and on the Site the "rent” and “rental" of Content refers to access being made available to you to stream a specified item of the Content for 48 hours; while "subscription" or "subscribe" refers to access being made available to for you to stream any item of Content for the period of the subscription contract.
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 Peninsular House, 36 Monument Street, London, England EC3R 8NB. 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 any intellectual property rights on 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 You agree that your usage of the Service is for personal, domestic use only.
3.4 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 rent, subscribe to and stream Content, you must first complete the registration process on the Site. If you register with the Site on behalf of another individual, 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. If you attempt to register with the Site on behalf of an educational institution, or on behalf of a commercial entity, you will be in breach of these Terms and Digital Theatre can terminate your access to the Service immediately and without notice under clause 16.2.
4.2 In order to rent, subscribe to and stream Content, you will be required to enter the username and password you selected during the registration process on the Site.
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 under clause 16.1 or to suspend your access until such time as we verify the information you have provided to us.
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 preview clips and trailers or gallery photos directly from the Site on a promotional basis at no cost to you.
5.2 The Service is for your own personal and non-commercial use only and you may not (nor support others to) either (i) use the Service for educational purposes or commercial use or (ii) make any copies of any streams.
5.3 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.
5.4 Digital Theatre tracks your usage of the Service using cookies (in accordance with Digital Theatre’s Privacy Policy), and 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 and will observe and comply with all applicable laws when you stream any product from the Site.
5.5 You agree you will not (nor support others to) circumvent or modify any security technology or software that is part of the Site.
5.6 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.
5.7 You will be responsible for any losses and costs resulting from your breach of these Terms.
5.8 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. PRICE & PAYMENT
7.1 Once you have selected either the Content you wish to rent individually, or via a subscription option, you need to click the applicable 'commit to purchase' button. This will constitute an offer to Digital Theatre to rent and stream the Content or stream it via a subscription. 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, whether an individual rental or monthly subscription, brings into existence a legally binding contract between you and Digital Theatre. If Digital Theatre is unable to accept your rental or subscription request 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 applicable Standard Charge in relation to each stream or subscription respectively.
7.3 Digital Theatre shall, at its sole discretion, be entitled to vary the Standard Charges 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 Standard 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 at the rate of exchange listed on the checkout page of the Site.
7.6 Vouchers for Content may either be issued through affiliate marketing, credits from us or purchased as a gift through our Site. Each such voucher will carry a registered number which will need to be entered on our Site on the payment page.
8. CANCELLATION AND REFUND POLICY
8.1 Subject to your consumer rights to cancel, set out in 8.5 below, 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 once Digital Theatre has sent you an email confirmation of your purchase.
8.2 While Digital Theatre will send you an email 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 shall be entitled to notify Digital Theatre of any faulty Content streamed by you within seven (7) days of the initial stream. Digital Theatre shall permit you to 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 stream to be corrupt, malfunctioning or inoperable on your system.
8.4 You have the right to cancel a subscription contract at any time. The cancellation period during which we will reimburse you will expire after 14 days from the day of the conclusion of your contract. To exercise the right to cancel, you must inform us of your decision to cancel this contract by entering the registered area of our site and electronically pressing the cancellation button. We will communicate to you an acknowledgement of receipt of such a cancellation by e-mail. If you cancel this contract within 14 days, we will reimburse to you all payments received from you and will remove your details as a registered customer from our Site. If however you requested to begin the performance of services during the 14-day period prior to cancellation, you shall still owe us an amount which is in proportion to the services which have been performed until you communicated us your wish to cancel this contract, and we shall reimburse you a pro-rated payment to reflect this. We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. If you cancel this contract after 14 days, we will cancel any future payments due from you and will remove your details as a registered customer from our Site at the end of the period for which you have paid.
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
11.1 Users are granted the non-exclusive, non-transferable right to rent, subscribe to and stream the Content provided on the Site in the formats made available by Digital Theatre once such Content has been purchased.
11.2 These Terms do not allow you to use the Content on any device that you do not own or control, and you may not distribute or make the Content available over a network where it could be used by multiple devices at the same time. You may not copy (except as expressly permitted by these Terms), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Content or Site, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law). Any attempt to do so is a breach of the rights of Digital Theatre and its licensors (where applicable). If you breach this restriction, you may be subject to prosecution and damages.
12. DISCLAIMERS AND LIMITATION OF LIABILITY
12.1 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.
12.2 Digital Theatre cannot ensure that any files or other data you stream from the Site will be free of viruses or anything else that may be destructive.
12.3 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.
12.4 To the extent permitted by law Digital Theatre and third parties connected to Digital Theatre hereby expressly exclude:
12.4.1 all conditions, warranties (express or implied) and other terms which might otherwise be implied by statute, common law or the law of equity; and
12.4.2 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.
12.5 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.
12.6 Nothing stated in Clause 12.5 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.
12.7 Your sole remedy for dissatisfaction with the Site, Content or Service is to stop using the Site or any such Content.
12.8 Digital Theatre reserves the right, without notice, to do any of the following at any time:
12.8.1 to modify, interrupt, suspend or terminate operation of or access to the Site, or any portion of the Site; and
12.8.2 to modify or change the Site, and any policies or terms.
13. INDEMNITY
13.1 You agree to indemnify and hold Digital Theatre, harmless from and against any breach by you of these Terms and any claim or demand brought against Digital Theatre by any third party arising out of your use of the Service including without limitation any demands, loss, liability, claims or expenses (including legal costs and expenses), howsoever suffered or incurred by Digital Theatre due to or arising out of or in connection with your use of the Site.
14. PRIVACY POLICY
14.1 Digital Theatre processes information about you in accordance with its Privacy Policy. The Privacy Policy applies to the use of this Site and Service and its terms are made a part of these Terms by this reference. By using the Site and the Service you are agreeing to be bound by Digital Theatre's Privacy Policy which can be viewed at www.digitaltheatre.com/consumer/privacy-policy.
15. DATA DISCLOSURE FOLLOWING VIOLATION OF THESE TERMS OF USE
15.1 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.
16. TERMINATION
16.1 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.
16.2 Digital Theatre has the right to terminate your access to any or all of the Services at any time, without notice, if Digital Theatre has reason to believe that you are not using the Services as an individual consumer but are using it as an institution in breach of these terms. Digital Theatre will obtain details of the number and location of users and timing of usage of its Service and can deduce from these details whether it is institutional use or individual use, and you will need to prove to Digital Theatre that their deductions are wrong to prevent such a termination.
17. SEVERANCE
17.1 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.
18. GOVERNING LAW
18.1 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.