1.2. By proceeding to use the Player you agree to be legally bound by these Terms and Conditions. These Terms and Conditions contain important information about your rights and obligations and the restrictions that may apply when you use the Player. If you do not agree with any of these Terms and Conditions then you should not use the Player. Once you access or use the Player you will be bound by these Terms and Conditions.
2.1. The Player offers users the opportunity to view television programmes, movies, clips, graphics, logos, interfaces, layout and other audiovisual content (including any HTML tag or other code or metadata which is contained in, linked to, from and around such content) ("Content").
2.2. To be eligible to use the Player you must be:
2.2.1. 16 years old or over. If you are under 18 you must have a parent or guardian's permission to use the Player and your parent or guardian should be the one to register to use the Player;
2.2.2. located in the United Kingdom, Channel Islands or Isle of Man (the "Territory"); and
2.2.3. a natural person (i.e. not a company or other business entity). If you do not meet the above criteria you should not access or use the Player. You agree that you will provide us with proof of your identity if reasonably requested by us to do so from time to time.
3. Registering to use the Player
3.1. To view the Content available via the Player you may be required to register for an account with us. You may register to use the Player on the Website. Upon registration you will be required to provide information including (but not limited to) your full name and email address, and you will need to choose a valid password.
3.2. Your password is secret and confidential to you and you are responsible for keeping it secure. If you know or suspect your password has been compromised you must tell us immediately and change your password using the functionality provided within the My Profile page of the Player. We will never ask you for your password in an email or when calling you by telephone. We will never invite you to log in to your account through a link in any email communication you receive from us.
4. Content available on the Player
4.1. To be able to view Content using the Player you must have a device which is compatible with the Player and an active broadband internet connection. Please see our minimum technical requirements and FAQs for further information about using the Player. It is your responsibility to ensure that your equipment, systems and connectivity are suitable to enable you to access the Content. We are not responsible in any way for your ability to view Content, even if your equipment and systems meets the minimum technical requirements. You will be responsible for any costs and other charges or expenses charged by your Internet Service Provider or mobile network operator in relation to your internet service, your mobile service and any use in relation to the Player.
4.2. We are unable to guarantee that any Content or particular Content will be available at any particular time.
4.3. We reserve the right to remove and/or alter the Content available via the Player and/or the functionality of the Player at any time and for any reason whatsoever, with or without giving you notice.
4.4. We will make reasonable efforts to keep the Player operational at all times, however we cannot guarantee that your use of the Player will be uninterrupted or error-free. From time to time we may temporarily suspend or remove the Player for technical, maintenance or operational reasons. We also reserve the right to withdraw the Player at any time and for any reason whatsoever, with or without giving you notice.
5. Parental controls
5.1. Some of the Content available via the Player will have been shown on our television channels after the 9pm watershed and/or may contain strong language, nudity, sexual scenes or other material which may not be suitable for children. We will do our best to identify any such Content by using the 'G' symbol to allow you to make an informed choice about whether you wish your child to view the Content. If you wish to restrict access to such Content you may do so by making use of our PIN access control facility (although we cannot guarantee that the PIN access control facility will be available across all platforms). If you are under 18 you must not view any such Content unless you have permission from your parent or guardian.
6. Account closure
You can close your account with ITV at any time. If you wish to do so please contact Customer Services. If you inform us that you wish to close your ITV account, from that point forwards your account will be labelled as inactive. Some data such as transaction information may be retained for regulatory and/or compliance reasons and for our business records in case of any query regarding your account or transactions, but your account will be rendered inactive and you will no longer be able to login to the Website or the Player.
7. Security Technology
We use security and digital rights management technology for the Player to protect the material and content made available and content made available on the Player. You must not penetrate, remove or otherwise alter or interfere with any security measures used in connection with the Player, or attempt to do any of those things or assist any other person in doing or attempting to do any of those things.
The Player uses "geo-blocking" measures to prevent you from accessing the services from outside the Territory. This is necessary for us to comply with the terms of our broadcast and content licences. You agree not to attempt to access, and/or not to attempt to circumvent the geo-blocking measures to access the Player from outside the Territory. Please also note that some of our services or certain Content may not be available in certain regions within the Territory. Where this applies, it will be made clear on the Player. If you are located within such a region you agree not to attempt to access the applicable services and/or not to attempt to circumvent any software or technical measures we use to regionalise our services within the Territory.
9. General restrictions
9.1. You agree that you will comply with our reasonable instructions regarding your use of the Player. You agree that you will not (and you will not allow any other person to) use the Player for any purpose which is commercial, unlawful or otherwise improper. In particular, except as expressly permitted by these Terms and Conditions or otherwise by us, you will not by any means as a result of or in connection with your use of the Player:
9.1.1. view, or attempt to view, the same piece of Content or different pieces of Content through the same account concurrently on more than one device;
9.1.2. remove, alter, bypass, avoid, interfere with or circumvent the digital rights management software or geo-blocking software;
9.1.3. copy, download, lend, hire, broadcast, stream, capture, reproduce, archive, share, distribute, modify, translate, display, transmit or make the Content available to the public;
9.1.4. remove or alter any copyright or other proprietary notice from the Player or from any Content;
9.1.5. extract any data or metadata from the Player or any Content nor create any index or database incorporating any Content or any part of it;
9.1.6. block, disable, obscure or impair any advertising on the Player or associated with any Content;
9.1.7. capture or store any personal information relating to other users of the Player;
9.1.8. incorporate the Player into another service or website or make it available via frames;
9.1.9. reverse engineer, de-compile, disassemble, alter, duplicate, modify, rent, lease, loan, sub-license, make copies, create derivative works from, distribute or provide others with the Player or any Content;
9.1.10. create any works or materials derived from or based on any Content or the Player;
9.1.11. use the Player in any way that may lead to the encouragement, procurement or carrying out of any criminal or unlawful activity, or cause distress, harm or inconvenience to any other person; or
9.1.12. do anything that may cause damage to the Player or our servers, systems or equipment or those of third parties, nor access or attempt to access any users' data or to penetrate or attempt to penetrate the Website security measures.
9.2. You agree to compensate us in respect of any damages suffered by us or any of our losses resulting from any claim made by a third party in each case in respect of any matter arising from your use of the Player in breach of these Terms and Conditions or from your violation of any applicable law or regulation.
9.3. You agree not to give any indication that you have any commercial relationship with us, or that you are our agent or that we have endorsed any submission you may make.
9.4. We reserve the right to suspend, restrict or terminate your access to the Player at any time at our sole discretion. We may also ban or suspend you as a user of the Player if you do not comply with these Terms and Conditions.
10. Trademarks and copyright
All intellectual property rights in the Player and all content made available via the Player shall remain at all times the property of ITV or ITV's licensors. The names, images and logos identifying us, companies in the ITV group, our partners or third parties and our/their products and services contained within the Player are proprietary marks and may not be reproduced or otherwise used without our express permission. Nothing in these Terms and Conditions shall be construed as conferring by implication any licence or right to use any trade mark, patent, design right or copyright of ITV or of any third party. You do not acquire any ownership right in any Content by accessing the Content on the Player.
11. Advertising and third party sites
The Player may contain links (whether by way of an advertisement or otherwise) to other third party sites and services. Such links are provided for your ease of reference and convenience only. We have no control over those third party sites or services and are not responsible for their contents. We do not endorse the material contained in any third party's sites or services and have no association with their operators. You agree that we will not be a party to any transaction or contract with a third party that you may enter into and we will not be liable to you for any loss or damage which you may suffer by using those third party sites and services. You agree that you will not involve us in any dispute you may have with such third party sites and services.
12. Limitation of Liability
12.1. All services are provided on an 'as is' and 'as available' basis. We cannot promise that the Player will be free from errors or omissions nor that it will be available uninterrupted and in a fully operating condition, or free from viruses or other harmful components. Not all of the features and functionality of the Player will work on all devices. We make no guarantee that all or any features of the Player will work on any particular device. Whilst we do take reasonable precautions to prevent the occurrence of computer viruses and/or other malicious programmes, we do not guarantee that they will not be present.
12.2. We will not be responsible for any damage or loss caused to you where such damage or loss is not reasonably foreseeable to you and us when you use the Player, including where the damage or loss results from our breach of these Terms and Conditions.
12.3. The Player may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our reasonable control. Except as set out elsewhere in these Terms and Conditions we will not be liable to you or to any other person in the event that all or part of the Player is unavailable, discontinued, modified or changed in any way.
12.4. The views expressed in any content or material which is uploaded by you or other users of the Player do not reflect ITV's views.
12.5. We do not accept any liability for:
12.5.1. any damage or loss caused to you where you are not entering into these Terms and Conditions as a consumer;
12.5.2. any failure, any suspension and/or any termination of access to the Player or any content in connection with or arising out of a force majeure event. In these Terms and Conditions, a "force majeure" event shall include, without limitation, strikes, lock-outs or other industrial disputes, nuclear accident or acts of God, war or terrorist activity, riot, civil commotion, malicious damage, compliance with any law or government order, rule regulation or direction, accident or breakdown of plant or machinery, fire, flood, storm or default of suppliers, and where they are beyond our reasonable control, any other acts, events, omissions or accidents; and/or
12.5.3. any claims brought against you by a third party except as stated in these Terms and Conditions.
12.6. Nothing in these Terms and Conditions will:
12.6.1. restrict your statutory rights as a consumer (including your rights to receive a reasonable standard of service, more details about which can be obtained from your local Trading Standards Office or Citizen's Advice Bureau); or
12.6.2. limit our liability for death or personal injury resulting from our negligence or for fraud.
13. Other important terms
13.1. If any provision of these Terms and Conditions shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these Terms and Conditions which shall remain in full force and effect.
13.2. These Terms and Conditions are available in English only and shall be governed by and construed in accordance with the laws of England (or the laws of Scotland or Northern Ireland if you are domiciled there). Disputes arising in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales unless you choose the jurisdiction of your domicile in Scotland or Northern Ireland.
13.3. These Terms and Conditions were last updated on 1 September 2014. Please note that we may update and amend these Terms and Conditions from time to time and any changes will be posted on the Website and may also be notified to you by email (if you are a registered user of the Player and have provided us with your email address). By proceeding to use the Player you agree to be bound by any changes to these Terms and Conditions. However, it is your responsibility to ensure you review these Terms and Conditions regularly to familiarise yourself with any changes. We will not file or store a copy of these terms for each interaction on transaction by you via the Website. We therefore recommend that you print and store or save a copy of these Terms and Conditions for future reference.
ATVOD is the independent co-regulator for the editorial content of certain UK video on demand services. ATVOD has a procedure for dealing with complaints relating to such content. You can find out more on the ATVOD website at www.atvod.co.uk.
15. Contact Us
If you have any questions, queries or complaints or need help using the Player then you can email us at email@example.com or call us on 03448814150 or write to us at ITV Consumer Limited, 200 Gray’s Inn Road, London WC1X 8HF.
ITV Consumer Limited is a company registered in England & Wales with its registered office at The London Television Centre, Upper Ground, London SE1 9LT. Company No. 2937518. VAT Registration: 197 0041 67