Produced by Rail TV Ltd
Copyright Rail TV 2006
Below are the terms and conditions for use of the, RailTV website, subscription services and provisions of viewing content. Please read these terms and conditions carefully before using the RailTV website and subscription services. 1. INTRODUCTION Welcome to RailTV l ("RailTV "/"we"/"us") website the RailTV.co.uk ("Website"). This Website is operated by RailTV Limited a company incorporated under the laws of England and Wales, whose principal place of business is 2 Downage London NW4 1AA England. All users ("you"/"your"/"user") registering for the subscription service must be at least 18 years of age. You are bound by these terms and conditions so please read them carefully. The terms and conditions below apply to you if you use any of RailTV services, the terms and conditions also governs the use of the Website itself. RailTV aims to give you access to the "Best of the Railway world" from a wide range of genres, delivered in the form online TV programmes. ‘Programmes’ are delivered monthly and consist of a minimum of 10 minute programmes, downloaded via the website. ‘Programmes’ are available to view through the Subscription Service. (See Section 5: Service Description and Usage) ‘Back Issues’ of programmes are stored on the website. ‘Back Issues’ are available to view through the Subscription Service. (See Section 5: Service Description and Usage) ‘Products’ refer to:- DVD’s of Programmes which are available for purchase via the website. Other RailTV merchandise such as T-shirts, hats etc, as available for purchase via the website. Your use of this Website, are subject to these terms and conditions. By using this Website, and or any of the subscription services, you acknowledge your consent to them. RailTV reserves the right at its sole discretion, to change, modify, add or remove any part(s) of these terms and conditions without notice. It is important (and your responsibility) to check these terms and conditions periodically for any changes. Changes will be posted here. Your continued use of the Website or the subscription services following the posting of any changes will constitute your acceptance of the changes. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS DO NOT USE THE WEBSITE, OR ANY OF ITS SERVICES. 2. CONTRACT FORMATION 2.1 When you place an order to sign up for the “Subscription Service” (as more particularly defined in paragraph 5), you enter into a binding contract with RailTV. 2.2 Where you order a RailTV Subscription (as more particularly defined in paragraph 5), your order is an offer to purchase the Subscription. We will then send you a confirmatory email setting out the details of your Subscription. A contract for the Subscription service will only come into existence in respect of the Subscription when we have sent you an email confirming that your Subscription has been set up and your account activated. 3. SETTING UP YOUR RailTV ACCOUNT AND SECURITY 3.1 To use RailTV services (as set out in paragraph 5 below) you will have to register a RailTV account ("Railway Account") and provide us with certain personal information, including but not limited to a user name, a password, a valid email address and postal address ("Registration Information"). You agree to provide accurate Registration Information and update your Registration Information in accordance with the privacy policy. By doing so, you consent to the use of your Registration Information in accordance with our privacy policy. 3.2 You are solely responsible for maintaining the confidentiality and security of your passwords and Railway Account. You may not divulge your password to any third party or use another person's password or Railway Account. You will immediately notify us of any unauthorised activities that occur on or via your Railway Account. You agree that RailTV will not be responsible for any losses incurred in connection with any password misuse and that we will have absolutely no responsibility for your failure to adhere to the provisions set out in this paragraph or in the Privacy Policy. For the avoidance of doubt, your breach of any provision of this paragraph may result in the immediate termination of your Railway Account, and may also subject you to criminal or civil liability. 3.3 Before you are able to use the RailTV service, your credit or debit card will need to be validated with your card issuer. If your card issuer refuses to validate your card and authorise payment to us, we will not register your Railway Account. For the avoidance of doubt we will not be liable for any delay or non-acceptance of orders for Subscriptions or Product purchases arising from your credit or debit card failing a validation check. RailTV reserves the right to require further evidence of identity. 3.4 You shall not violate or attempt to violate the security provisions of the Website or the services provided by RailTV. Such violation shall include (but is not limited to) probing, scanning or testing the vulnerability of RailTV systems, networks or associated servers or breaching any security or authentication measures. Your violation of RailTV systems, networks or associated servers may result in civil or criminal liability. Accordingly, we reserve the right to investigate any such violations and co-operate with any law enforcement authorities in prosecuting users who have participated in such violations. 3.5 You agree that it is your responsibility to install suitable anti virus and security software on your computer hardware to protect against a computer security threat which may be transferred to your computer hardware through the use of the RailTV service and/or the Website, including but not limited to viruses, Trojan horses, time bombs, cancelbots or any other form of programming routine designed to damage, destroy or otherwise impair a computer's functionality or operation. And that RailTV, whilst protecting the website with suitable anti virus and security software to protect against computer security threat, will not be held responsible in the event of any such transfer incurred through the use of the RailTV service and/or the Website, including but not limited to viruses, Trojan horses, time bombs, cancelbots or any other form of programming routine designed to damage, destroy or otherwise impair a computer’s functionality or operation. 4. SERVICE LICENCES The following sets out the licences which RailTV is granting you in order to use the RailTV service as set out in paragraph 5 below. 4.1 Content Licence RailTV grants you a limited, revocable, non-exclusive, non-transferable licence ("Content Licence") to download railway content ("Content") to your personal computer or Portable Device (as defined in paragraph 5 below and subject to your rights under these terms and conditions) solely for your personal non-commercial use. You shall not (without limitation) copy, reproduce, "rip", distribute or use the Content in any other manner, save as permitted by these terms and conditions. You shall not sell, transfer, sub licence, assign, lease, modify, distribute or publicly perform the Content in any manner and you shall not exploit it commercially. In addition you should not (without limitation) decompile, disassemble, or reverse engineer the Content or modify the Content or create any derivate works of the same. The Content Licence will continue for as long as your copy of the Content exists pursuant to and in accordance with these terms and conditions. In addition please note that from time to time our Content providers might amend their Content usage rules which govern what you can and cannot do with the RailTV service and RailTV requests that you act in accordance with these amended rules. You will be notified of these changes via these terms and conditions. Any unauthorised use of the Content shall automatically terminate your Railway Account and the Content Licence granted to you. 4.1 Website Access Licence RailTV grants you a limited, revocable, non-exclusive, non-transferable licence to access and make personal non-commercial use of the Website ("Website Access Licence"). You shall not modify all or any part of the Website. The Web Access Licence does not permit any resale or commercial use of the Website or any part of its contents. In addition, you are not permitted to collect or use any Content listing, descriptions or prices for any purpose, or make any derivative use of the Website or its contents; download or copy any RailTV Account information for the benefit of a third party; or use data mining, robots, or similar gathering and extraction tools in relation to the Website. The Website and/or any portion of it may not be reproduced, duplicated, copied, sold or otherwise exploited for commercial purposes without RailTV’s express written consent. You shall not frame or utilise framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of the Website, its Content providers or any other affiliates from time to time without the express written consent of RailTV. You shall not use any meta tags or other hidden text utilising our name or trademarks or those of the RailTV without our express written consent. You may place a hyperlink to our Website URL HYPERLINK "http://www.bluebellnewsreel.com" on your website. Any unauthorised use of the Website automatically terminates the permissions and/or licences granted by us to you. 4.2 No other licence or rights except as expressly stated herein are granted. 5. SERVICE DESCRIPTION AND USAGE 5.1 The Railway Channel service ("Services") affords you the opportunity to access and experience a wide range of railway content in a digital format. The following sets out the ways in which you can view digital content via the subscription services available via our website ("Subscriptions"). 5.1.1 The following “Subscriptions” are available: - “Non-Bluebell member”: You may view previously released programmes and DVD content as made available on the website, current programme content and trailers for upcoming programmes, for a one off annual fee of twenty five pounds. “Bluebell member”: You may view previously released programmes and DVD content as made available on the website, current programme content and trailers for upcoming programmes, for a one off annual fee of twenty pounds. PLEASE NOTE that any attempt to circumvent any controls that we have in place to prevent additional viewing outside of your permitted rights will be a breach of these terms and conditions and may result in the immediate termination of your RailTV Account and may also subject you to civil and/or criminal liability. 5.2 The Services must be used in accordance with the usage rules and licences, which are subject to change. 5.3 RailTV reserves the right to monitor the number of streams, and purchases that you use/make for the purposes of calculating royalty payments, purchasing analysis, recommendations and audit purposes. 6. PRICING, PAYMENT AND FREE TRIALS 6.1 Prices for all Subscriptions, and Products are at the price prevailing at the time you place your order for a Subscription or Product. Prices on the Website are inclusive of VAT and any other applicable taxes, which are charged at the prevailing rate at the time of purchase. 6.2 Whilst we make every effort to ensure that all prices on our Website are accurate and up to date, errors may occur. We will make every effort to pick up any pricing errors. However, if you discover an error please do not hesitate to contact our user support team whose contact details are set out in paragraph 15. 6.3 Payment can be made by either credit card or debit card via PayPal. We accept payments using Switch, Maestro, Solo, Visa, Visa Delta, MasterCard, and American Express. Your Railway Account will either be debited at the time at which you purchase a Subscription or Product or shortly afterwards. Please see paragraph 6.4 for Subscription payment details. 6.4 Where you take out a Subscription, your Subscription charges will be debited from your credit or debit card in full upon successful subscription. The first payment will be taken once you have successfully registered for your Subscription. Unless and until you cancel your Subscription in accordance with these terms and conditions, a subsequent payment will be taken once the initial Subscription period has lapsed; automically entitling you to continue the Subscription on the same terms and conditions, for so long as your Railway Account is not terminated and/or your credit or debit card remains valid. By paying by credit or debit card you confirm that the card used is yours and that there are sufficient funds or credit to cover any charges. 6.5 Monies taken from your credit or debit card will be listed as RailTV LTD on your credit card or bank statement. If you have any questions please contact our customer service team. 6.6 Where online gift certificates are purchased from us, these can only be redeemed against the purchase of Subscriptions or Products. Please note that our gift certificates are not redeemable for cash, are non transferable, are usually valid for one year only from the date of issue and are only redeemable via the Website. Online gift certificates can only be redeemed by recipients who have registered with us. 6.7 Prices of all Subscriptions and Products are subject to change upon notice from us. Such notice may be provided at any time by posting the changes to the Website. 7. TERMINATION If you fail to comply with any of the provisions of these terms and conditions, including, but not limited to where we suspect that you have failed to comply with any of the provisions of these terms and conditions, RailTV may, at its sole discretion: 7.1 Suspend or terminate the Services and/or your Railway Account. In doing so, you will remain liable for all amounts due under your Railway Account up to and including the date of termination; and/or 7.2 Preclude access to the Services (or any part thereof), or the Website. We will notify you if we take any of the above actions. Details surrounding the cancellation or suspension of your Railway Account are contained in paragraph 9 below. 8. CANCELLING OR SUSPENDING YOUR RailTV ACCOUNT/SUBSCRIPTION SERVICE 8.1 RailTV reserves the right to cancel or suspend the Services or any part thereof without notice to you. In the event that we do cancel or suspend the Services we will use our reasonable efforts to give you at least thirty (30) days' prior notice by email to your most recent email address, which you have provided on your Railway Account. In the event that cancellation is as a result of you breaching these terms and conditions, we reserve the right to terminate your Railway Account without notice. 8.2 In the event that your right to use the Subscription service is cancelled or suspended by us unrelated to your breach of these terms and conditions, we will refund you the sum that relates to the period after cancellation on a pro-rata basis. – This shall be limited to the amount retained by RailTV for administration (ie excluding the monies donated to “Bluebell”) - 8.3 You may cancel your Subscription service at any time by changing your preferences in your Railway Account details. Where you cancel during the course of a period, which you have already paid for, you may continue to use the Services until your subscription period expires. The next payment will not be taken from your credit or debit card. No refund will be made in lieu of this right. 9. DISTANCE SELLING 9.1 Under the Consumer Protection (Distance Selling) Regulations 2000 ("Regulations") consumers are given the right to cancel orders for goods or services during the period of seven working days after the day on which delivery of goods takes place or the service being provided commences (the "Cooling Off Period"). The Regulations contain several exceptions to the Cooling off Period. These exemptions are relevant to the purchase of Subscription Services from RailTV. 9.2 Accordingly you acknowledge and agree that: 9.2.1 When you purchase a subscription, once the Programme is downloaded onto your personal computer it is unsealed and your rights under the Cooling off Period ended. For the avoidance of doubt this does not affect your statutory rights in the event that the Issue is defective e.g. the Track Programme download is corrupted. In this event please refer to paragraph 15 of these terms and conditions. 9.2.2 When you order a Subscription your right to cancel during the Cooling off Period ends when the Subscription commences. For the avoidance of doubt the Subscription shall be deemed to commence once your Subscription Account is activated and an email is sent to your latest registered email address on your Railway Account confirming the same. 10. THIRD PARTY WEBSITES The Website includes content, products and services from third parties. It is your responsibility to decide whether any service and/or products available through a third party website are suitable for your purposes. We accept no responsibility for third party materials or hyperlinks to third party websites. These websites may collect data or solicit personal information from you. Those sites are not subject to our Privacy Policy. You should make sure you are happy with the terms and conditions and privacy policy of any such site before you use it. 11. WARRANTY Usage of the Website and/or any Service is at your own risk. The Services and the Website are provided on an "as is" and "as available" basis. There is no warranty, express or implied, as to the content, quality, availability, fitness (including but not limited to technical compatibility) for a particular purpose of the Website, Services or the Content. 12. LIMITATION ON LIABILITY 12.1 Save in the case of death or personal injury due to our negligence or where we have acted fraudulently, our total liability to you for any direct losses suffered by you will be limited to either (a) the price paid by you for the particular Subscription or Product (b) the capped sum of £100. For the avoidance of doubt we will only be liable for losses which were foreseeable to both you and to us as a consequent of us breaching these terms and conditions by our own negligence. 12.2 In no event shall RailTV have any liability whatsoever arising out of any misuse of passwords or Railway Accounts. 12.3 We hope that you are happy with your purchases and the Services which we provide. In the unlikely event any Issue or Product we deliver is not what you ordered or is defective; please let our customer service team know as soon as possible, so that we can assist you with your problem. 13. INTELLECTUAL PROPERTY All copyright and other intellectual property rights in any material contained in this Website is either owned by us or has been licensed to us by the rights owners. The Website contains trademarks, including the "RailTVl" and “Bluebell Newsreel” names, logos and any related domain name addresses which belong to us or have been licensed to us by the trademark owner for use on the Website. Use of these trademarks is forbidden unless prior written permission has been obtained from the owner of the trade mark. You may not remove any copyright, trademark or intellectual property notices contained on the Website or which forms part of any Download. 14. MISCELLANEOUS 14.1 Save as expressly provided these terms and conditions are not intended to confer any benefit on a party other than us and you. Any rights not expressly granted herein are reserved to us. 14.2 These terms and conditions together with the HYPERLINK “www.bluebellnewsreel.com” constitute the entire agreement between you and RailTV, and supersede any prior agreements between you and RailTV, written or oral. Any additional or different terms in any order or written communications from you to us are void. You acknowledge and agree that you have not entered into these terms and conditions in reliance of or to any oral or written representations made by RailTV. 14.3 In the event of a direct conflict or inconsistency between these terms and conditions and HYPERLINK "www.bluebellnewsreel.com" and other terms and conditions that may be applicable to the Website or the Services these terms and conditions shall prevail to the extent that such conflict relates to your use of the Services and/or Website. 14.4 The failure of RailTV to exercise or enforce any right or provision of these terms and conditions will not constitute a waiver of such right or provision. 14.5 If any provision of these terms and conditions is found by a court of competent jurisdiction to be invalid, it shall be deemed to be severed and the other provisions will remain in full force and effect. 14.6 RailTV will not be deemed to be in breach of its contract with you and will not be responsible for failures to fulfil any obligations due to any event of force majeure including (without limitation) acts of God, civil commotion, riots, flood, drought, fire and legislation or any other causes beyond its control. 14.7 Headings are for convenience only and will not be used to alter the meaning of any provision. 15. USER SERVICES If you have any problem regarding the, the Website, your Subscription or any difficulties in respect of downloading or streaming programmes please contact RailTV. 16. GOVERNING LAW These terms and conditions shall be governed and construed in accordance with the laws of England and you submit to exclusive jurisdiction of the English courts notwithstanding the jurisdiction where you are based. Date of Issue January 2007. (2007 RailTV LTD) http://www.bluebellnewsreel.comhttp://www.bluebellnewsreel.comshapeimage_6_link_0shapeimage_6_link_1
Rail TV Terms and Conditions