1. Availability and conditions of use
1.1 The Site is made available to you by us. Whilst we make every effort to ensure that the Site is available, we do not represent, warrant or guarantee in any way the Site’s continued availability at all times or uninterrupted use by you of the Site. We reserve the right to suspend or cease the operation of the Site from time to time at our sole discretion.
1.2 As a condition of your use of the Site, you agree:
1.2.1 not to use the Site for any purpose that is unlawful under applicable law, or prohibited by these terms and conditions; and
1.2.2 not to defame, disparage any body or behave in a manner which is obscene, derogatory or offensive; and
1.2.3 to be responsible for ensuring that your use of the Site is consistent with all applicable laws and regulations.
1.3 We reserve the right to prevent or suspend your access to the Site if you do not comply with any part of these terms and conditions or any applicable law.
2. Ownership, use and intellectual property rights
2.1 The Site and all content within the Site is owned and operated by us and/or our licensors. We and our licensors reserve all rights.
2.2 The Site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, revise, perform, reproduce, publish, license, deep-link, create derivative works from, transfer, or sell any information or content obtained from the Site unless expressly authorised by us.
2.3 Any intellectual property rights (including without limitation all patents, copyright, database rights and trademarks (whether registered or unregistered)) subsisting in any content or material on the Site belongs to us and/or our licensors. All rights are reserved for the benefit of ourselves and/or our licensors. Nothing in these terms and conditions grants you any rights in the Site or the content within the Site.
2.4 The use or misuse of any trademarks or any other content on the Site except as provided in these terms and conditions or in the Site content, is strictly prohibited. Nothing contained on the Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark without our prior written permission.
3.1 Any software that is made available for downloading from the Site is our copyrighted work and/or that of our licensors.
3.2 You may only use such software in accordance with the terms of the end user license agreement, if any, which accompanies or is included with the software. You are authorised and will not be able to install any software unless you agree to be bound by the end user license agreement.
3.3 The software is made available for downloading solely for your use in a non-commercial manner. Any reproduction or redistribution of the software not in accordance with the end user license agreement is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
3.4 The software is warranted, if at all, only according to the terms of the end user licence agreement. Except for the warranties which may appear in the end user licence agreement, we hereby disclaim all warranties, conditions and other terms (whether express or implied) with regard to the software, including all implied warranties and conditions of satisfactory quality and fitness for a particular purpose.
4.1 We appreciate hearing from our customers and welcome your comments regarding our products, including our online services. Our company policy does not encourage you to submit or send to us any unpatented ideas, advertising or marketing suggestions, patent applications, models, prototypes, or any information, written or oral, which you regard as confidential (collectively referred to as ‘Unwanted Submissions’). While we value your feedback on our services and products, we request that you restrict your comments to our services and products and do not submit any Unwanted Submissions.
4.2 Please note that any submission (including any Unwanted Submission) made to us is deemed to be our property and we are entitled to utilise any such submission in any manner we see fit. We shall not be subject to any obligation of confidentiality nor be liable for any use and/or disclosure of such submissions.
5. Posting of information
6.1 While we use reasonable efforts to include accurate and up-to-date information on the Site, we do not represent, warrant or promise (whether express or implied) that any information is or remains accurate, complete and up to date, or fit or suitable for any purpose. Any reliance you place on the information on the Site is at your own risk. Nothing in these terms and conditions shall operate to prejudice any mandatory statutory requirement or your statutory rights.
6.2 Content on the Site is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites, which may be of interest. It does not constitute technical, financial, legal advice or any other type of advice and should not be relied on for any purposes.
7. BFI Player+ The Subscription Service
7.1 Membership. Your BFI Player+ membership will continue month-to-month until terminated. Unless you cancel your membership before your monthly renewal date, you authorize us to charge your next month’s membership fee to your Payment Method. To use the BFI Player+ service you must have Internet access and a BFI Player+ compatible device, and you must provide us with a current, valid, accepted method of payment, which will be updated in line with clause 7.4 from time to time (“Payment Method”). You can find specific details regarding your membership with BFI Player+ by visiting our website and clicking on the “Account” link available at the top of the pages of the BFI Player+ website under your profile name.
7.2 Free Trials. Your BFI Player+ membership may start with a free trial. The free trial period of your membership lasts for one month, or as otherwise specified during sign-up and is intended to allow new members and certain former members to try the service. You will be notified during sign-up whether you are eligible for a free trial. We will bill your Payment Method for your monthly membership fee at the end of the free trial period unless you cancel your membership prior to the end of the free trial period.
7.3 Billing Cycle. The membership fee for our service will be billed on a monthly basis to your Payment Method on the calendar day corresponding to the commencement of your paid membership. In some cases the timing of your billing may change, for example if your Payment Method has not successfully settled or if your paying membership began on a day not contained in a given month.
7.4 Payment Methods. When you enter a new Payment Method and carry out a transaction with it this Payment Method will become your new Payment Method and the Payment Method for the BFI Player + Service. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not change your Payment Method or cancel your account, we may suspend your access to the service until we have obtained a valid Payment Method. You authorize us to continue billing the Payment Method, as it may be updated and you remain responsible for any uncollected amounts. This may result in a change to your payment billing dates.
7.5 Cancellation. You can cancel your BFI Player+ membership at any time, and you will continue to have access to the BFI Player+ service through the end of your monthly billing period. We do not provide refunds or credits for any partial-month membership periods or unwatched movies or TV shows. To cancel, go to the “Account” page and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period.
7.6 Changes to the Price. We may change the price of our service from time to time; however, any price changes will apply to you no earlier than 30 days following email notice to you.
7.7 BFI Player+ Service. You must be 18 years of age to become a member of the BFI Player+ service. Minors may only use the service under the supervision of an adult. The content available on the BFI Player+ service is continually updated but is a smaller subset of the content available on BFI Player. You may view the BFI Player+ service in the UK only. The BFI Player+ service and any content viewed through the service are for your personal and non-commercial use only. During your BFI Player+ membership we grant you a limited, non-exclusive, non-transferable, license to access the BFI Player+ service and view movies on a streaming-only basis. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the service for public performances. The number of devices on which you may simultaneously watch the BFI Player+ service is limited to 4.
8. Hyperlinks and third party sites
8.1 The Site may contain hyperlinks or references to external third party websites. Any such hyperlinks or reference is provided for your convenience only. We have no control over third party websites and accept no responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not constitute an endorsement of such third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.
9. Warranties and limitation of liability
9.1 You agree that your use of the Site is on an ‘as is’ and ‘as available’ basis. Consequently we make no representations, warranties, conditions or other terms (whether express or implied) in relation to the provision of the Site, including without limitation as to completeness, accuracy and currency or any content and information on the Site, or as to satisfactory quality, or fitness for particular purpose.
9.2 To the maximum extent permitted by applicable law, we exclude all liability (whether arising in contract, tort, breach of statutory duty or otherwise) which we may otherwise have to you as a result of:
9.2.1 any error or inaccuracies in any information or material within or relating to the Site;
9.2.2 the unavailability of the Site for whatsoever reason; and
9.2.3 any representation or statement made on the Site.
9.3 Under no circumstances shall we be liable to you for any loss or damage suffered (including without limitation direct or indirect losses) arising from your use of, or reliance on, the Site (including the downloading or any software, program or information).
9.4 We do not exclude or limit our liability for death or personal injury arising from our negligence, for any fraudulent misrepresentation made by us on the Site or for any other statutory rights which are not capable of being excluded.
10.1 If you are in breach of any of these terms and conditions, you agree to indemnify and hold us harmless in respect of any costs, expenses, claims, proceedings, actions, losses, damages or liabilities incurred by us in relation to or arising from such a breach.
11.1 We reserve the right to vary these terms and conditions from time to time without notifying you. By continuing to use and access the Site you agree to be bound by any variation made by us. It is your responsibility to check these terms and conditions from time to time to verify such variations.
11.2 These terms and conditions contains the entire understanding and agreement between us and you in relation to your use of the Site and supersedes and replaces any representation, statement or other communication (whether written or otherwise) made by you or us which is not contained herein.
11.3 Should any part of these terms and conditions for any reason be declared invalid or unenforceable by a court of a competent jurisdiction, it shall be deemed to be deleted without affecting the remaining provisions.
11.4 These terms and conditions are governed and construed in accordance with the laws of England and Wales and you consent to the exclusive jurisdiction of the courts of England.
Last updated October 2015