Terms

Screen Icon Ltd
Screen Wales and Wales Web

 

TV TERMS OF USE

1. YOUR RELATIONSHIP WITH SCREEN WALES AND WALES WEB TV

1.1 Your use of the Screen Wales and Wales Web TV Websites (the “Websites”) and any products, software and services, including the embeddable video player (the “Screen Wales/Wales Web TV Player”) provided to you on or from the Websites by Screen Wales and Wales Web TV (collectively called the “Services” in this document) is subject to the terms of a legal agreement between you and Screen Icon Ltd whose principal place of business is at Croesnewydd Hall, Wrexham Technology Park, Wrexham, LL13 7YP, Wales, U.K.

1.2 Your legal agreement with Screen Icon Ltd is made up of (A) the terms and conditions set out in this document, (B) Wales Web TV and Screen Wales Privacy Policy and (C) Screen Icon Ltd’s Community Guidelines (Collectively called the “Terms”).

1.3 The Terms form a legally binding agreement between you and Screen Icon Ltd in relation to your use of the Services. It is important that you take the time to read them carefully.

1.4 The Terms apply to all users of the websites, including users who are also contributors of video content, information and other materials or services to Screen Icon Ltd.

 

2. ACCEPTING THE TERMS

2.1 In order to use the Services, you must firstly agree to the terms. You may not use the Services if you do not accept the Terms.

2.2 You can accept the Terms by simply using the Services. You understand and agree that Screen Icon Ltd will treat your use of the Services as acceptable of the Terms as acceptable of the Terms from that point onwards.

2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Screen Icon Ltd or (b) you a person who is either barred or otherwise legally prohibited from receiving or using the Services under the laws of the country in which you are resident or from which you access or use the Services.

2.4 You should print off or save a local copy of the Terms for your records.

 

3. LANGUAGE OF THE TERMS

3.1 Where Screen Icon Ltd provides you with a translation of the English language version of the Terms, then the translation is provided for your convenience only and you agree that the English language versions of the Terms will govern your relationship with Screen Icon Ltd.

3.2 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.

 

4. CHANGES TO THE TERMS

4.1 Screen Icon Ltd may make changes to the Terms from time to time, When these changes are made, Screen Icon Ltd will make a new copy of the Terms available.

4.2 You understand and agree that if you use the Services after the date on which the Terms have changed, Screen Icon Ltd will treat your use as acceptance of the updated Terms.

4.3 You should check the Terms regularly for changes.

 

5. SCREEN ICON LTD ACCOUNTS

5.1 In order to access some features of the Websites or other Services, you will have to create a Screen Icon Ltd account. When creating your account, you must complete accurate and complete information. It is important that you must keep your Screen Icon Ltd account password secure and confidential.

5.2 You must notify Screen Icon Ltd immediately of any breach of security or unauthorised use of your Screen Icon Ltd account that you become aware of.

5.3 You agree that you will be solely responsible (to Screen Icon Ltd an others) for all activity that occurs under your Screen Icon Ltd account.

 

6. GENERAL RESTRICTIONS ON USE

Screen Icon Ltd hereby grants you permission to access and use the Websites and the Services, subject to the following express conditions, and you agree that your failure to adhere to any of these conditions shall constitute a breach of these Terms on your part:

A.you agree not to distribute any part of or parts of the Websites, including but not limited to any User Submissions (as defined below), in any medium without Screen Icon Ltd’s prior written authorisation;

B.you agree not to alter or modify any part of the Websites or any of the Services (including but not limited to the Players and their related technologies);

C.you agree not to access User Subscriptions (defined below) or other content made available on the Website (Including Screen Icon Ltd Content as defined below) through any technology or means other than the video playback pages of the Websites themselves, the players, or such other means or such other meansas Screen Icon Ltd may explicitly designate for this purpose;

D.you agree not to (or attempt to) circumvent, disable, or otherwise interfere with any security related features of the Websites or features that (i) prevent or restrict use or copying of any User Submissions or Screen Icon Ltd content or (ii) enforce limitations on use of the Websites or the content accessible on the Websites;

E.you agree not to use the Websites or any Services (including the Players) for any commercial use, without the prior written authorisation of Screen Icon Ltd. Prohibited commercial uses shall include, without limitation: i. The resale of access to the Websites or any of the Services (such as the Player) on another website for the primary purpose of gaining advertising or subscription revenue and ii. The redistribution of the Services (including any User Submissions accessable through such Services) for the primary purpose of generating revenue from a substantially similar or comparable business enterprise to that carried on by Screen Icon Ltd, but shall not include (i) uploading an original video to Screen Icon Ltd (ii) maintaining an original channel on the websites in order to promote a business or artistic enterprise, and (iii) any use that is expressly authorised by Screen Icon Ltd in writing; F.if you use the player on your website , you must include a prominent link back to the Websites on the pages containing the Player and you may not modify the player in any way;

G.you agree not to launch or use any automated system (including, without limitation, any robot, spider or offline reader) that accesses the Website in a manner that sends more request messages to the Screen Icon Ltd server in a given period of time than a human can reasonably produce in the same period by using a publicly available, standard (i.e. not modified) web browser;

H.you agree not to harvest or collect any personal data of any user of the websites or any Service (and agree that this shall be deemed to include Screen Icon Ltd account names);

6.2 You agree that you will comply with all of the other provisions of the Terms and the Screen Icon Ltd Community Guidelines at all times during the use of the Services.

6.3. Screen Icon Ltd grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Screen Icon Ltd reserves the right to revoke these exceptions either generally or in specific cases.

6.4 Screen Icon Ltd is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Screen Icon Ltd provides may change from time to time without prior notice to you.

6.5 As part of this continuing innovation, you acknowledge and agree that Screen Icon Ltd may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Screen Icon Ltd’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Screen Icon Ltd when you stop using the Services.

6.6 You agree that you are solely responsible for (and that Screen Icon Ltd has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Screen Icon Ltd may suffer) of any such breach.

 

7. COPYRIGHT POLICY

7.1 Screen Icon Ltd operates a clear copyright policy in relation to any User Submissions which are alleged to infringe the copyright of a third party.

7.2 As part of Screen Icon Ltd’s copyright policy, Screen Icon Ltd will terminate user access to the Websites if a user has been determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice.

 

8. YOUR USER SUBMISSIONS

8.1 As a Screen Icon Ltd account holder you may submit video content (“User Videos”) and Textual content (“User Comments”) (collectively referred to as “User Submissions”). You understand that whether or not such User Submissions are published, Screen Icon Ltd does not guarantee any confidentiality with respect to any User Submissions.

8.2 You retain all of your ownership rights in your User Submissions, but you are required to grant limited licence rights to Screen Icon Ltd and other Website users. These are described in paragraph 10 of these Terms (Rights you licence).

8.3 You understand and agree that you are solely responsible for your own User Submissions and the consequences of posting or publishing them. Screen Icon Ltd does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein, and Screen Icon Ltd expressly disclaims any and all liability in connection with User Submissions.

8.4 You represent ad warrant that you have (and will continue to have during your use of the Services) all necessary licenses, rights, consents, and permissions which are required to enable Screen Icon Ltd to use your User Submissions for the purposes of the provision of the Services by Screen Icon Ltd, and otherwise to use your User Submissions in the manner contemplated by the Websites and these Terms.

 

9. CONTENT OF YOUR USER SUBMISSIONS

9.1 You agree that your conduct on the site will comply with (and you agree that the content for all of your User Submissions shall comply with) the Screen Icon Community Guidelines, as updated from time to time.

9.2 You agree that you will not post or upload any User Submissions which contain contain which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for Screen Icon Ltd to use or possess in connection with the provision of the Services.

9.3 You agree that you will not upload or post any User Submissions that are subject to any third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal licence or permission from the rightful owner to post the material in question and to grant Screen Icon Ltd the licence referred to in paragraph 10.1

9.4 Screen Icon Ltd reserves the right (but shall have no obligation) to decide whether User Submissions comply with the content requirements set out in these Terms and may remove such User Submissions and/or terminate a User’s access for uploading any User Submission which is in violation of these Terms at any time, without prior notice and at its sole discretion.

9.5 You further understand and acknowledge that in using the Websites and the Services, you may be exposed to User Submissions that are factually inaccurate, offensive, indecent, or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Screen Icon Ltd with respect to any such User Submissions.

 

10. RIGHTS YOU LICENCE

10.1 When you upload or post a User Submission to Screen Icon Ltd, you grant: A.to Screen Icon Ltd, a worldwide, non exclusive, royalty-free, transferable licence (with right to sub licence) to use, reproduce, distribute, prepare derivative works of, display, and perform that User Submission in connection with the provision of the Services and otherwise in connection with the provision of the Websites and Screen Icon Ltd’s business, including without limitation for promoting and redistributing part or all of the Websites (and derivative works thereof) in any media formats and through any media channels. B.To each user of the Websites, a worldwide, non-exclusive, royalty free, licence to access your User Submissions through the Websites, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions to the extent permitted by the functionality of the Websites and under these Terms.

10.2 The above licenses granted by you in User Videos terminate when you remove or delete your User Videos from the Websites. The above licenses granted by you in User Comments are perpetual and irrevocable, but are otherwise without prejudice to your ownerships rights, which are retained by you as set out in paragraph 8.2 above.

 

11. SCREEN ICON LTD CONTENT ON THE WEBSITES

11.1 With the exception of User Submissions, all other content on the Websites including, without limitation, the text, software, scripts, graphics, photos, sounds, music, videos and interactive features on the Websites (the “Screen Icon Ltd Content”) is either owned by or licensed to Screen Icon Ltd, and is subject to copyright, trade mark rights, and other intellectual property rights of Screen Icon Ltd or Screen Icon Ltd’s licensors. Any third party trade or service marks present on the Screen Icon Ltd Content are trade or service marks of their respective owners.

11.2 Screen Icon Ltd Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of Screen Icon Ltd or Screen Icon Ltd’s licensors. . Screen Icon Ltd reserves all rights not expressly granted in and to the Screen Icon Ltd Content.

 

12 LINKS FROM SCREEN ICON LTD’S WEBSITES

12.1 The Services may include hyperlinks to other websites that are not owned or controlled by Screen Icon Ltd. Screen Icon Ltd has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.

12.2 You acknowledge and agree that Screen Icon Ltd is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such websites or resources.

12.3 You acknowledge and agree that Screen Icon Ltd is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources.

12.4 Screen Icon Ltd encourages you to be aware when you leave the Screen Icon Ltd Websites and to read the terms and conditions and privacy policy of each other website that you visit.

 

13. ENDING YOUR RELATIONSHIP WITH SCREEN ICON LTD

13.1 The Terms will continue to apply until terminated by either you or Screen Icon Ltd as set out below.

13.2 If you want to terminate your legal agreement with Screen Icon Ltd, you may do so by (a) notifying Screen Icon Ltd at any time and (b) closing your Screen Icon Ltd account. Your notice should be sent, in writing, to Screen Icon Ltd’s address which is set out at the beginning of these Terms.

13.3 Screen Icon Ltd may at any time, terminate its legal agreement with you if:
A.you have breached any provision of the Terms (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
B.Screen Icon Ltd is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
C.Screen Icon Ltd is transitioning to no longer proving the Services to users in the country in which you are resident or from which you use the Services; or
D.The provision of the Services to you by Screen Icon Ltd is, in Screen Icon Ltd’s opinion, no longer commercially viable.

13.4 When these terms come to an end, all of the legal rights, obligations and liabilities, that you and Screen Icon Ltd have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 16.6 shall continue to apply to such rights, obligations and liabilities indefinitely.

 

14 EXCLUSION OF WARRANTIES

14.1 Nothing in the Terms shall effect any statutory rights which you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.

14.2 The Services are provided “as is” and Screen Icon Ltd makes no warranty or representation to you with respect to them.

14.3 In Particular Screen Icon Ltd does not represent or warrant to you that:
A.your use of the Services will meet your requirements,
B.your use of the Services will be uninterrupted, timely, secure and free from error,
C.any information obtained by you as a result of your use of the Services will be accurate or reliable, and
D.that defects in the operation or functionality of any software provided to you as part of the Services will be corrected.

14.4 No conditions, warranties, or other Terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Services except to the extent that they are expressly set out in the Terms.

 

15 LIMITATION OF LIABILITY

15.1 Nothing in these Terms shall exclude or limit Screen Icon Ltd’s liability for losses which may not be lawfully excluded or limited by applicable by law.

15.2 Subject to the overall provision in paragraph 15.1 above Screen Wales Ltd shall not be liable to you for:
A.any indirect or consequential losses which may be incurred by you. This shall include any los of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you;
B.any loss or damage which may be incurred by you as a result of:
i.any reliance placed on you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Services;
ii.any changes which Screen Icon Ltd may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services);
iii.the deletion of, corruption of, or failure to store, any User Submissions and other communications data maintained or transmitted by or through your use of the Services;
iv.your failure to provide Screen Icon Ltd with accurate account information;
v.your failure to keep your password or Screen Icon Ltd account details secure and confidential.

15.3 The limitations on Screen Icon Ltd’s liability to you to you in paragraph

15.2 above shall aply whether or not Screen Icon Ltd has been advised of or should have been aware of the possibility of any such losses arising.

 

16. GENERAL LEGAL TERMS

16.1 The Terms constitute the whole legal agreement between you and Screen Icon Ltd and govern your use of the Services and completely replace any prior agreements between you and Screen Icon Ltd in relation to the Services.

16.2 You agree that Screen Icon Ltd may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Websites.

16.3 You agree that if Screen Icon Ltd does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Screen Icon Ltd has the benefit of under any applicable law), this will not be taken to be a formal waiver of Screen Icon Ltd’s rights and that thos rights or remedies will still be available to Screen Icon Ltd.

16.4 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

16.5 You agree and acknowledge that each member of the group of companies of which Screen Icon Ltd is part shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favour of) them. Other than this, no other person or company shall be a third party beneficiary of the Terms.

16.6 The Terms, and your relationship with Screen Icon Ltd under the Terms, shall be governed by English law. You and Screen Icon Ltd agree to submit to the exclusive jurisdiction of the courts of England to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Screen Icon Ltd shall still be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction.