1. Description of Service
These Terms of Services are applicable to all users of Digibox Arts Ltd digital streaming services located under digiboxarts.com and related domains, sub domains, and mobile and desktop applications & TV (individually and collectively the “Services”). These Terms govern your use of the Digibox Arts Ltd Services, including all functionalities, features, Streaming Services, audio, visual, written media, PDF, Website links and user interfaces, and all content and software associated with the Services as provided by Digibox Arts Ltd (the “Company”).
2. Acceptance and Changes to Terms
The Company shall have the right, at its sole discretion, to modify, add, or remove any terms or conditions of these Terms of Service without notice or liability to you. Any changes to these Terms of Service shall be effective immediately following the posting of such changes. You agree to review these Terms of Service from time to time and agree that any subsequent use by you of the Services following changes to these Terms of Service shall constitute your acceptance of all such changes.
3. Access and Use of Service
Users accessing the Services must abide by any age restricted content - where content is age appropriate, a date of birth will be required to access the stream. Access to the Services may not be legal by certain persons in certain countries. When you access the Services, you are solely responsible for compliance with the laws and regulations of your jurisdiction, and the Company makes no claims or representations that its Services are lawful in any specific location.
4. User Information
You are solely responsible for the information you input or upload to the Services, and warrant and represent you have the right and authorisation to register for the Services. The Company reserves the right in its sole discretion to decide whether the information you input or upload is appropriate and complies with the Terms of Service, other Company policies, and applicable laws and regulations.
If you register for the Services, you will be asked to provide certain information including a valid email address. You warrant and represent that all such information is current and accurate, and will be kept up-to-date.
Your privacy rights are set forth in our Privacy Policy.
The Company reserves the right to offer Company or third party services and products to you based on the preferences that you identify in your registration and at any time thereafter, unless you opt-out of receiving third party services and products.
5. Username /Password/ Security
You are responsible for maintaining the confidentiality of your information as it relates to the Services, including your username and password, and are responsible for all uses of your username and password whether or not authorised by you. If you wish to have someone else use your device, it is important you always log out so no other individual will have access to your content.
You agree to immediately notify the Company of any unauthorised use of your username and password.
6. Use of Services
The Services are offered only for video streaming and related materials, and is only a conduit for video streaming and related materials.
Each user is solely responsible for deciding whether the Services offered are suitable for your own purposes and whether the Services match your needs.
The Company grants you a limited, non-exclusive licence to access and use the Services for your own personal and non-commercial purposes. This includes rights to view content on the Company’s website and applications.
If you elect to access any component of the Services for which there is a fee, you agree to pay all fees and charges associated with your account on a timely basis. All such fees and charges (including any taxes and late fees, as applicable) will be charged on your credit or debit card. Each user agrees to maintain valid credit card information as part of your account information when applicable.
7. Access to Services – Subscriptions & Purchases
The Services may allow you to access digital content on a pay per view basis, subscription basis, rent, or purchases. The basis on which digital content is available on the Services will be indicated on the product detail page for which you may purchase the digital content. Subject to your payment of any applicable fees, purchases, subscriptions, rent, or pay per view, the Company grants you a non-exclusive, non-transferable, personal, non-sub licensable, limited right and licence to view the video stream based upon the applicable fees, purchases, subscriptions, rent or pay per view selected by you.
The Company makes no guarantees as to the resolution and quality of your digital content when streaming. The quality and speed of your stream of digital content has many different variables, including your connection speed, location, download speeds, devices, player and bandwidth.
8. Payments & Billing
The digital content available under specific payment plans, including pay per view, subscription, membership, or rent will change from time to time at the sole discretion of the Company. The Company makes no guarantee as to the availability of a specific payment plan.
Receipts are sent once the charge is successful to the registered email account. Your digiboxarts.com purchase will continue in effect unless The Company terminates the performance, in which case you will receive the choice of a refund or exchange via email.
9. User Comments and Suggestions
The Company values user feedback, please be specific in your comments and suggestions and we’ll take these into account as the Digibox Arts Ltd services evolve. If you have problems during a performance stream, please get in touch at support@digiboxarts.com and we’ll do our best to help.
10. Intellectual Property
“Digibox Arts” and any other Company trade names, and any variations thereof, are and shall remain the trade names and exclusive property of the Company, and any unauthorised use of such trade names is prohibited.
The Services (including without limitation all programmes, software components, interface layout, interface text, documentation, resources and graphics) are the sole and exclusive property of the Company and are protected by copyright and other intellectual property common and statutory laws of England.
You agree that Digibox Arts Ltd owns and retains all rights to the Services and that all content is solely owned and controlled by the content provider. All such materials are protected and copyrighted and protected by copyright and other intellectual property common and statutory laws of England.
You may not sell or modify the Services content or the Services, or reproduce, display, publicly perform, distribute, or otherwise use the Services in any way for any purpose.
11. Social Networking
You may have the option to use Twitter, Facebook or other social networking sites through the Services to share links and content. Users undertake this option as their sole responsibility, including but not limited to complying with all of the terms and conditions of the social networking sites.
12. Use of Software
If the Services require or include downloadable software such as an app, or use of software provided by the Company for third parties, the Company grants a personal, limited, non-exclusive, and non-transferable license to use the Software, all portions thereof, all documentation, and all updates (individually and collectively the “Software”) only for the purposes relating to video streaming and related activities through digiboxarts.com
You shall not modify, alter, create derivative works, decompile, reverse engineer, disassemble, include in other software, translate the Software, or use the Software for any other purpose.
You shall not copy, reproduce, transmit, rent, lease, resell, sublicense, assign, distribute or otherwise transfer the Software or this licence.
This Licence does not allow users to use the Software on any device that the user does not own or control, and user may not distribute or make the Software available over a network where the Software could be used by multiple devices at the same time.
You agree that the Software, including the specific design and structure, constitute proprietary and confidential information, trade secrets and/or intellectual property of the Company. You agree not to disclose, provide, or otherwise make available such proprietary and confidential information, trade secrets or copyrighted material in any form to any third party, or use the proprietary and confidential information, trade secrets or copyrighted material for your own benefit or for the benefit of any third party.
You acknowledge and agree that use of the Software may require the Company to acquire user’s mobile phone number and email address and perhaps additional such information in order to access the Software.
You agree that the Company may collect and use technical data and related information that is gathered periodically to facilitate the provision of updates, product support and other services. The Company may use this information, as long as it is in a form that does not personally identify a user.
The Company shall have the right, and you agree, that in its sole discretion and with reasonable posted notice and/or sent to your email address, to revise, automatically update, or otherwise modify the Software, at any time. Your continued use of the Software constitutes acceptance of and agreement to such changes.
This Licence is effective whilst the performance stream is available, at the discretion of the third party content owner. Your rights under this licence will terminate automatically once the performance stream has finished, or the grace period for viewing had ended.
The warranty and limitation of liability provisions set forth below apply also to the use of the Software.
13. Copyright Infringement Notification
If you believe that any materials accessible through the Services constitute copyright infringement, please notify the Company by providing our designated copyright agent with the following information:
The physical or electronic signature of either the copyright owner or of a person authorised to act on the owner’s behalf;
A description of the copyrighted work you claim has been infringed, and a description of the activity that you claim to be infringing;
Identification of the URL or other specific location on the Services where the material or activity you claim to be infringing is located or is occurring; You must include enough information to allow us to locate the material or the activity;
Your name, address, telephone number, and e-mail address;
A statement by you, that (i) the information you have provided is accurate and that you are the copyright owner or are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; and (ii) you have a good faith belief that use of the copyrighted materials is not authorised by the copyright owner, any agent of the copyright owner, or the law.
The Company has designated support to receive notices of claims of copyright infringement. You can contact support@digiboxarts.com
14. Your Conduct
The Services may be used only for lawful purposes relating to streaming and the usage of this platform for that purpose. The Company specifically prohibits any use of the Services, and all users agree not to use the Services, for any purposes other than those designated by the Company.
You are prohibited from violating or attempting to violate the security of the Services, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorised to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to this Services, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”, (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, (e) scraping or harvesting data or (f) the use of robots to skew payouts..
Violations of system or network security or inappropriate conduct may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations and may involve, and cooperate with law enforcement entities in prosecuting users who are involved in such violations.
15. Communications
By using the Services you consent to receive electronic communications from the Company. These communications will include, emails about account, password, access, marketing, transactional and other information related to the Services and to your account.
16. Additional Terms and Conditions
Nothing in this Agreement is intended to create or will be construed as creating a joint ventures, partnership, employer/employee or principal and agent relationship between you and the Company.
These Terms of Service shall be governed by and construed in accordance with the laws of England and Wales applicable therein.