22 November 2018  | 
HELLO

TERMS OF SERVICE

Effective date: 1st May, 2018

Please read these Terms of Service together with the DCMA Copyright Policy (below), collectively the ”Terms of Service”) fully and carefully before using any mobile software applications (“app” and together the “apps”) made available for download by TVGuide.co.uk Ltd and YO.TV (“Company”, “we”, “us” or “our”) and the related website located at www.tvguide.co.uk and www.yo.tv (collectively “sites” and collectively with the “apps”, the “service”) and any other site or app owned by the company. 

  1. GDPR Update.

a) What information does TVGuide.co.uk hold - We only use the information you provide to allow you to create an account and customise and access the service, this information is limited to. Your IP Address and Your Email address. On our apps we will also hold your Device ID. 

b) Marketing consent - We use a positively opt-in consent policy in compliance with GDRP, provided by Consent Manager, the marketing consent allows us to deliver personalised adverts to you, on our apps we use the Mopub positive consent capability. 

c) Rights to your data - If you would like to find out what data we hold on you, or would like to access this data, or would like us to delete all the data we hold on you please contact the company on  contact@tvguide.co.uk

  1. Acceptance of Terms of Service.

BY INSTALLING OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE, YOU MAY NOT USE THE SERVICE. TO HAVE A COPY OF THE TERMS OF SERVICE AND THE COMPANY’S PRIVACY POLICY AND DMCA COPYRIGHT POLICY SENT TO YOU, CONTACT THE COMPANY AT contact@tvguide.co.uk

  1. Eligibility.

THE SERVICE IS NOT FOR PERSONS UNDER THE AGE OF 13 OR FOR ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICE BY TVGUIDE.CO.UK. or YO.TV IF YOU ARE UNDER 13 YEARS OF AGE YOU MUST NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER. Furthermore, by using the Service, you affirm that either you are at least 18 years if age or have been authorized to use the service by your parent or guardian who is at least 18 years of age.

  1. Registration

While general use of the Site and Apps do not require you to have an account, to use some aspects of the Service, you must register for an account (“Account”).

a) Account Security, you are responsible for the security of your Account, and are fully responsible for all activities that occur through the use of your credentials. You will notify the Company immediately at contact@tvguide.co.uk if you suspect or know of any unauthorized use of your log-in credentials or any other breach of security with respect to your Account. The company will not be liable for any loss or damage arising from unauthorized use of your credentials prior to you notifying the company of such unauthorized use or loss of your credentials.

b) Accuracy of information, when creating an account, you will provide true, accurate, current, and complete information as the company requests. You will update the information about yourself promptly, and as necessary, to keep it current and accurate. We reserve the right to suspend or terminate your account if activities occur on your account which, in our sole discretion, would constitute a violation on these Terms of service, cause damage to or impair the Service, infringe or violate any third party rights, or violate any applicable laws or regulations.

c) You may be able to send message to other users through the service. You represent and warrant you will only send messages through the apps to other users who have given you their express consent to receive such messages, and you will indemnify and hold the company harmless from any and all claims arising out of your sending these messages to Users. You are responsible for all fees and charges associated with such messages.

d) GDPR Compliance, if you would like to know all the information we hold on you or would like to delete your account please contact the company at contact@tvguide.co.uk 

  1. Content

a) Definition. For the purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, photographs, videos, films, TV shows, GIFs, audio clips, written posts, comments, graphics and user content generated, provided or otherwise made available on the Service. Content also includes “User Content” which is any content that Users upload, post or transmit “Post” to or through the service including, without limitation, any text, photographs, videos, films, TVshows or audio clips.

- All content added, uploaded or distributed using the service by users, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such content. You represent that all content provided by you is in compliance with all applicable laws, rules and regulations, Without limiting the generality of the foregoing, you represent that any content you create using tools accessible on the service does not infringe upon the intellectual property rights of any third party and is otherwise in compliance with all applicable laws, rules and regulations.

- You shall not upload, create, post or submit any content that:

  1. Infringes any trademark, copyright or other right of any other person or entity or violates any law or contractual duty
  2. You know is false, misleading, untruthful or inaccurate, fraudulent, threatening, abusive, harassing, defamatory, libelous, deceptive, obscene, invasive of another’s privacy, depicts nudity, contains or depicts sexual activity, constitutes unauthorized advertising, contains viruses or any other computer code, programs or files that are designed to disrupt software and hardware.

- The Services may include features that allow you to share your content with others. You hereby grant to any user with whom you share content a non-exclusive license to access content through the service. You may not share any content with others via the Services if you do not have the right to grant the license to any user with whom you share the content.

- Restrictions, the service may contain content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services

- We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right to remove, edit, modify or block from the Services any Content in our sole discretion, at any time without notice to you and for any reason, including, but not limited to, receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have breached any laws.

  1. Termination.

We may terminate your account or access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your access.

  1. Warranty Disclaimer

You release us from all liability for you having acquired the Service we make no representations concerning any Content contained in or accessed through the service. We will not be liable for the accuracy, copyright compliance, or legality of material or content contained or accessed through the Service.

THE SERVICES AND CONTENT ARE PROVIDED "AS IS", "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.

Limitation of liability

IN NO EVENT WILL ANY COMPANY PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM, OR IN CONNECTION WITH, THE USE OR INABILITY TO USE THE SERVICE AND ANY CONTENT THEREON, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY’S LIABILITY, AND THE LIABILITY OF ANY OTHER COMPANY PARTIES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF THE FEES YOU HAVE PAID US FOR ANY GIFTS AND U.S. $100.

  1. Indemnification

You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or otherwise from your User Content, violation of these Terms of Service, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

  1. Governing Law

The service is controlled and operated by the Company from its offices in London in the UK. These terms of Services shall be governed by construed in accordance with the Laws of the United Kingdom. 

 

DCMA

Effective date: 1st May, 2018

TVGuide.co.uk & YO.TV DMCA COPYRIGHT POLICY

TVGuide.co.uk and YO.TV Inc. ("Company") has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act. The address of the Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this policy.

Procedure for Reporting Copyright Infringement:

If you believe that material or content residing on or accessible through Company's websites or services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below: 

A signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;

Identification of works or materials being infringed;

Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed;

Contact information about the notifier including address, telephone number and, if available, e-mail address;

A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and

A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

If we receive a takedown notice in accordance with the foregoing, we will remove the material cited in the notice and attempt to notify any user who uploaded the allegedly infringing material if we have their contact information. Any such user will have the opportunity to submit a “counter-notice” as set forth below. If we determine that any user has repeatedly infringed upon the intellectual property rights of others, we will disable any accounts that user has with us when appropriate.

Procedure to Deliver Counter-Notice:

If any user believes any material removed is either not infringing or that such user has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the user must send a counter-notice containing the following information to the Designated Agent listed below:

A physical or electronic signature of the user;

Identification of the material that has been removed and the location at which the material appeared before it was removed;

A statement that the user has a good faith belief that the material was removed as a result of mistake or a misidentification of the material; and

The user's name, address, telephone number, and, if available, e-mail address.

If a counter-notice is received by the Designated Agent, Company will forward a copy of the counter-notice to the original complaining party informing that person that Company may restore the removed material following 10 days. The original complaining party will then have 10 days to notify us that he or she has filed legal action relating to the allegedly infringing material. If Company does not receive any such notification within 10 days, we may restore the material, at our discretion.

Please contact the Designated Agent to Receive Notification of Claimed Infringement for Company at contact@tvguide.co.uk  or at:

Copyright Department

TVGuide.co.uk Ltd

104 Oxford Street,

London

W1D 1LP


If you have any further question regarding our policy please contact us using our feedback page



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