DIGITAL TERMS OF USE

 

These Terms of Use, effective from 25 May 2016, apply to all users of our Box Websites and The Box+ App (as defined below) (our “Digital Assets”).  By accessing or using Digital Assets and by viewing our Content, you agree to be bound by these Terms of Use.

Who makes the Digital Assets available to me?

The Digital Assets and our Content is made available to you by The Box Plus Network Limited (“Box”), a company incorporated and registered in England and Wales (company number: 02643552) whose registered office is at 124 Horseferry Road, London, SW1P 2TX, and whose postal address is Francis House, 11 Francis Street, London, SW1P 1DE.

We make the Content available on the following websites www.beboxmusic.comwww.boxplus.com (“Box Websites”) and/or via our Box+ App (“The Box+ App”).

Why is it important to read these Terms of Use?

Our Terms of Use are important because they confirm both our legal commitment to you and a number of legal DOs and DONTs which you need to be aware of when you use our Digital Assets and view our Content.  In return, we would ask you to act in a legally responsible and respectful manner in accordance with these Digital Assets Terms of Use.

Should I read any other information or terms?

You should read the Cookies Statement in relation to the Digital Assets as used on the Box Websites. You should also read the terms and conditions and privacy policy of the relevant Box Website through which you are viewing the Digital Assets as these will apply to your use of the relevant Box Website generally, and the terms and conditions and privacy policy of the Box+ App.  Save where Box is the operator of a Box Website, Box shall not be liable for the contents of the Box Websites outside of the Digital Assets.

Additional terms may apply to our Digital Assets and/or some of our Content and they will be made clear to you at the relevant point of access.

What do these Terms of Use cover?

These Digital Assets Terms of Use apply to: (i) your use of our online media player made available to you through the Box Websites or The Box+ App, which provides a simulcast stream of The Box, Box Upfront, Box Hits, 4Music, Kiss, Magic, Kerrang! including all of its features; and (ii) any audio, video, text, images, trade marks, logos or other content made available to you via our Digital Assets (the “Content”).  Our Content, for the avoidance of doubt, shall include the “live”, streamed, simulcast content shown on our TV channels (“live” meaning there may be a slight delay on our Digital Assets compared to TV).  Our Content will mostly be owned or controlled by us but may sometimes contain content which is owned or controlled by third parties which we are permitted to make available to you.

These Digital Terms of Use apply regardless of the sort of device you are using to access our Digital Assets and Content.  Therefore, they will apply whether you are using a computer, laptop, mobile phone, smart phone, tablet, games console or any other internet enabled device.

Is the Content suitable for everyone and what parental control tools are available to me?

Our Content may contain material that you consider indecent, objectionable or which may not be suitable for young audiences.  If you permit a child to use your device to view our Content, you are solely responsible for deciding whether or not such Content is appropriate for that child to view.  Some Content may be parental advisory with additional warnings at the beginning of it and we would ask that you pay attention to this if you are concerned in any way.

Can I copy stuff from the Digital Assets or the Content?

All of our Digital Assets and Content belongs to us and/or our production company, digital or studio partners and/or our licensors and are protected by international copyright laws throughout the world.

You may access and use the Digital Assets and watch the streamed Content for your personal non-commercial purposes only.  The Content may not be recorded save where may be permitted under applicable laws.  You are not permitted to use our Digital Assets or any of our Content for commercial purposes.  For example, you must not copy and reproduce our Content or frame the Digital Assets for use on your own advertiser funded website or attempt to commercialise or attempt to sell access to our Content in any way.

It is really important that our Box brands are fully protected from misuse.  Our trade marks and logos are designed to let people know that the service they are getting is provided by Box.  Therefore, you must not copy, reproduce or otherwise publish any of our trade marks or logos.

Making our Content and/or our Digital Assets available on unauthorised websites or software applications is against the law.  There are particular laws in force about sharing content without permission on P2P networks and it is important that you do not do this.

Please consider that even though our Digital Assets and Content is available to you for free, we are able to generate revenue by selling advertising space in and around it.  Any person watching one of our programmes on an unauthorised website represents lost advertising revenue to Box which we need in order to fund our Digital Assets and Content as well as other services.

All of our Content is streamed and is not available to download.  We may use content security technology or use other content protection measures.  You agree that you will not circumvent, try to adjust or otherwise interfere with our security technology for any reason.

Is Box responsible for third party websites when it provides a link to these?

Sometimes we provide links to websites and resources operated by third parties.  We are not responsible or liable for anything that happens to you when you visit these third party websites and resources.  These third party websites may have their own terms of use so you will need to be aware of these.  Furthermore, unless stated otherwise, Box does not endorse any third party website to which it provides a link.

Sometimes, third party websites provide links to our Content and/or the Digital Assets.  This does not mean that we have any relationship with that website and you should be careful about assuming Box’s association or affiliation to anyone else, especially where the existence of that relationship has not been confirmed by us.

Are these Terms of Use still applicable when I connect to the Digital Assets from a social networking service?

By clicking on the applicable social networking links on the Digital Assets (such as Facebook) viewers shall be able to inform such social networking connections of the Content they are viewing at that time as well as posting a link to the Digital Assets.  The link shall allow persons to be brought to www.beboxmusic.com only and shall not, for the avoidance of doubt, embed or upload our Digital Assets to the social networking site.

When you connect to our Digital Assets from a social networking service, these Terms of Use will still apply although you need to be aware that the social networking service’s own terms of use (and privacy and cookie policies) may also apply.

What technical stuff do I need to know about?

We will try to provide our Digital Assets so that they are available to you at all times.  However, we do not provide any guarantees about their availability or functionality or that we will be able to resolve quickly any technical problems that arise.

Whilst we seek to make our Digital Assets available as widely as possible, some features and functionality may not work on all devices.

Please note that matters relating to the internet generally, such as broadband availability, connections and speed and other matters outside of our control may affect the quality and availability of our Digital Assets and the Content.  We take no responsibility for these sorts of matters.

To watch our video content on your computer or other device will need to meet the minimum operating requirements:

·          PC: Windows XP and above or Mac OSX.

·         Mobile/Tablet: Latest versions of mobile operating systems (iOS or Android).

·         Latest version of IE, Chrome, Firefox or Safari browsers.

·         Internet connection (preferably at least 2 Mb/s).

·         Adobe Flash 11 or above.

·         JavaScript enabled in browser.

·      Latest version of the Box+ App from the relevant app store on your computer or other device

If your device does not meet these minimum operating requirements then the Digital Assets and/or Content may not be available to you.

Whilst we will take reasonable steps to ensure that our Digital Assets and Content are virus free, we cannot guarantee this.  Accordingly, you must take your own precautions in this regard (such as using anti-virus software).  We accept no responsibility for any infection by virus or any other contamination or by anything which might have a destructive property.

How do I contact someone with queries or complaints?

From time-to-time you may have queries or complaints in relation to the Digital Assets, including:

·         if you have any problems with our Digital Assets or watching or viewing our Content;

·         if you see any content that you think is abusive, offensive, defamatory, or infringes anyone’s privacy; and

·         if you see any Content which you consider to infringe your copyright (when you notify us about a copyright infringement you will need to: (a) provide your contact details; (b) identify the infringing content; and (c) confirm that you own the copyright in the content and that its publication has not been authorised by you).

Of course, you may contact us if you have any additional queries or complaints which are not set out above.

To handle your query or complaint efficiently, please contact us at hello@boxplus.com

Following the receipt of a query, complaint, notification or otherwise we shall review and consider the apporopriate response and/or action.

Changes to these Terms of Use

Please note that we may change these Terms of Use from time to time at our sole discretion.  Any revised Terms of Use will be applicable from the date these are published.  You should review these Terms of Use regularly to check whether they have been changed or updated.

What other legal stuff do I need to know about?

To the extent permitted by law, we do not accept any responsibility for anything contained within our Digital Assets or Content.  To be clear, neither Box nor its affiliate companies accept any liability (whether based in contract, tort or other action) for any loss caused by your use of the Digital Assets or your viewing of our Content whether this is caused by Box or any third party.  This exclusion of liability does not affect your statutory rights (please see this advice guide for further details).

Nothing in these Terms of Use excludes Box’s or your liability for death or personal injury caused by negligence or for fraud.

Any commentary, opinions or other material on our Digital Assets or in the Content are not intended to amount to advice on which you should rely.

If Box decides not to exercise or enforce any right that it has against you at a particular time, then this does not prevent Box from later deciding to exercise or enforce that right.

If any part of these Terms of Use is found to be illegal, invalid or otherwise unenforceable by a court or regulator, then, where required, that part shall be deleted and the remaining parts of the Terms of Use will continue to be enforceable.

These Terms of Use do not create or infer any rights that are enforceable by any person who is not party to them.

Our Digital Assets and Content is only intended to be accessed by residents in the United Kingdom and Ireland (including the Channel Islands and the Isle of Man).  Box makes no representation that our Digital Assets or our Content complies with local laws in other jurisdictions.

These Terms of Use are governed by English law and both you and Box agree to submit to the exclusive jurisdiction of the English courts in connection with the same.