About the YouView Service
1.2 Because of the way the YouView Service is set up:
1.2.1 your IE TV is the responsibility of the company who manufactured it;
1.2.2 we provide you with a method of accessing Content on your IE TV via the YouView user interface;
1.2.4 we are not responsible for scheduling any Content, the availability of any Content or the contents of the Content, none of which forms part of the YouView Service;
1.2.5 the Content available and features of the YouView Service may vary, be different or be unavailable depending on the IE TV you have (for example we may not be able to make certain Content available on certain devices or IE TVs);
1.2.6 the Content available on the YouView Service may change from time to time. It won't be practical for us to notify you in advance of all Content changes and instead you should keep checking our website for details of what's available; and
1.2.7 the features of the YouView Service may change from time to time. We'll try not to make any significant changes which are likely to be to your disadvantage without notifying you in advance on the website.
About YouView and You
2.2 How to contact us: Our contact details can be found at our website: www.youview.com and you should contact us if you have any questions relating to the Terms and Conditions, our Privacy & Cookies Policy and/or the YouView Service. However, if you have any questions relating to the following matters, you should contact the corresponding person indicated below:
2.2.1 your IE TV– the manufacturer of your IE TV;
2.2.2 your internet connection – your internet service provider; and
2.2.3 any Content – the content provider of the relevant Content.
The Terms and Conditions cover our provision of and your access to and use of the YouView Service.
3.3 Other Terms
3.3.2 Terms of content providers: Because you can access, via the YouView Service, Content that is made available by content providers, the terms and the pricing (if any) which apply to the Content are determined by the content providers providing it and are beyond our control and responsibility. You must comply with any terms required by content providers when you access their Content.
4.1 To use the YouView Service, you must agree to our Privacy & Cookies Policy. Please read our Data Promise and our Privacy & Cookies Policy which are set out at the end of these Terms and Conditions and can be found at http://www.youview.com/privacy/IETV/, to find out how we may use your Personal Data.
Your use of the YouView service
5.2 How you may not use the YouView Service: You may not use the YouView Service in any way other than as described in paragraph 5.1 above. In particular you may not:
5.2.1 make any public or commercial use of the YouView Services or any Content, for example, by charging others for accessing them;
5.2.2 modify, copy (except as permitted by law), reproduce, rebroadcast, or retransmit in any way any of the Content or the YouView Service;
5.2.3 copy or transfer any Content (except as permitted by law) or the YouView Service to another device;
5.2.4 access or use, or allow anyone else to access or use, the YouView Service for any unlawful purpose;
5.2.5 access the YouView Service for any other purpose than receiving the YouView Service; and/or
5.2.6 disassemble, reverse engineer or otherwise decompile your IE TV, the YouView Service and/or any software, applications, upgrades or updates available through the YouView Service or installed on your IE TV, except that you may decompile any such software, applications upgrades or updates only to the extent permitted by law.
5.3 Breach of security: If you suspect or become aware of: any breach of the security measures on the YouView Service or your IE TV; any unauthorised use of the YouView Service; or any other breach of security regarding any transactions that you make through the YouView Service, please tell us immediately using the contact details at www.youview.com.
6.1 As stated in paragraph 1.2 above, all Content is made available to you by content providers and not by us. As a result:
6.1.1 third parties' terms and conditions and privacy policies may apply (see paragraph 3.3 above) and we are not responsible for their terms and conditions;
6.1.2 content providers may levy a charge for access to their Content and we are not responsible for this;
6.1.3 we have no responsibility for content providers;
6.1.4 in the case of information provided by third parties, we can’t guarantee it is correct; and
6.1.5 your dealings with (including, but without limitation, participation in any promotions by) any content providers through the YouView Service are solely between you and such content provider.
6.2 You agree that we shall not be responsible or liable for any loss or damage of any kind incurred by you as a result of any dealings with content providers or other third parties via the YouView Service or as the result of their presence on the YouView Service.
The YouView service and your internet connection
7.1 The internet connection you’ll need: To make the most of the YouView Service and to enjoy a high quality TV experience you will need to be connected to a broadband internet line and you will need a broadband connection speed no lower than the speed recommended by us from time to time. Please check our website at www.youview.com for further details. If your IE TV did not include the YouView Service when you purchased it, you will also need a broadband internet connection in order to obtain a software upgrade to run the YouView Service.
7.2 Your internet use: Even if your broadband connection speed meets or is above the speed we recommend, if anyone else is using your broadband connection (for example on another computer in your home) at the same time as you are using it to access certain elements of the YouView Service, this may affect your ability to make the most of and enjoy the YouView Service.
7.3 Your internet service provider and usage: The YouView Service uses your broadband connection for a variety of reasons, such as accessing certain Content and accessing software upgrades and updates (see paragraph 8.3 below). Your internet usage is subject to the terms and conditions which your internet service provider applies to your use of its services. You should be careful that you do not exceed any cap on use of your broadband connection which applies to your broadband account with your internet service provider. If you are not sure whether or not you are subject to any cap on use of your broadband connection you should check with your internet service provider.
7.4 Interruptions to your broadband internet connection: If your broadband internet connection is interrupted or unavailable you may not be able to access certain elements of the YouView Service. We are not responsible if your access to the YouView Service is interrupted or unavailable due to your broadband internet connection.
Changes to the YouView service
8.1 Necessary changes: We may make changes to the YouView Service:
8.1.1 as a result of legal or regulatory requirements;
8.1.2 if the change does not have a detrimental effect on the YouView Service you are currently receiving;
8.1.3 where it is necessary to do so to fix any “bugs” or errors;
8.1.4 for reasons relating to security of the YouView Service;
8.1.5 to upgrade and update the YouView Service from time to time; and/or
8.1.6 for technical and/or operational reasons.
In some circumstances such changes may have to be made quickly and we may have to change the YouView Service to a previous version whilst (for example) a bug or error is fixed. Some functionality and/or features may be lost during this time but we will try to fix and to restore all functionality and/or features as quickly as possible and we will not be liable to you for any such period of lost functionality and/or features.
8.2 Improvements to the YouView Service: We are always looking for ways to improve the YouView Service, and we may make such improvements from time to time. These improvements might include, amongst other things:
8.2.1 adding new features;
8.2.2 removing any features that are not working properly;
8.2.3 changing certain technical specifications;
8.2.4 embedding digital rights management protection to enable content providers to protect their Content; and/or
8.2.5 making other changes that are necessary to improve the YouView Service.
8.3 YouView software upgrades and updates: We will make the changes described in paragraphs 8.1 and 8.2 above through software upgrades and updates, which will be delivered to you via your broadband connection. You will not be able to decline any software upgrade or update relating to a change described in paragraphs 8.1 or 8.2.
8.4 Third party software upgrades and updates: Your IE TV contains software of third parties such as content providers and the manufacturer of your IE TV. These third parties may upgrade and update their software from time to time. We are not responsible for any such upgrades or updates.
Intellectual property rights
9.1 Our rights and the rights of content providers: You may not use any of our branding or intellectual property rights without our prior permission in writing or use the branding or intellectual property rights of any content providers or their Content without their prior permission in writing. We reserve all of our rights in the YouView Service and its name, logo, branding and trade marks.
9.2 Software: We will supply the YouView Service using reasonable skill and care but we make no other representations, warranties or guarantees, except as implied by statute.
9.3 Digital rights management: Your IE TV contains digital rights management security features. Some Content may also utilise digital rights management security features and/or other content-protection measures. These features and measures enable content providers to protect their Content when they make it available to you via the YouView Service. You may not remove or circumvent or try to remove or circumvent these features or measures.
Interruptions to and suspension of the YouView service
10.1 Occasionally, we may have to interrupt the YouView Service or suspend or restrict your use of all or any part of the YouView Service where reasonably necessary for technical, operational, security, legal or regulatory reasons. If we do so, we will restore it as quickly as we can and we will not be liable to you for any harm you suffer as a result of such interruption, suspension or restriction.
10.2 In the event that your IE TV is identified as a device in respect of which any digital rights management system has been circumvented or is likely to be circumvented, YouView reserves the right to suspend the provision of all or part of the YouView Service to your IE TV.
11.1 Content that might not be suitable for everyone: Some Content may not be suitable and/or available for everyone. This might include programmes that are not appropriate for children, or services for which payments are required. You will be given the opportunity to turn on parental controls during the initial set up process or at any time afterwards by going to the settings area of the YouView Service. You are responsible for setting up and maintaining parental controls or any other controls that are available, and we will not be responsible for any harm, loss or damage you suffer or any other user of your IE TV suffers as a result of your failure to manage your parental control settings or if you allow or enable Content to be viewed by members of your household for whom such Content is not appropriate.
11.2 Setting up a PIN: There will be a pre-set PIN for you to use the YouView Service. When you first use the YouView Service you can choose to keep that PIN or to change it. You are responsible for keeping your PIN secure and confidential and you must take all reasonable precautions to prevent it being used by someone else. If you know or suspect that your PIN has been compromised you should immediately change it.
We will do our best to ensure that the YouView Service is accessible by as many people as possible, although we do not control and are not responsible for the accessibility features of the Content.
YouView service and responsibilities
13.1 The quality of the YouView Service you receive: We aim to provide a continuous, high quality service but we cannot guarantee that the YouView Service will always be available or be uninterrupted, timely, secure or free from bugs, errors and omissions.
13.2 Other factors that determine the quality of the YouView Service that you receive: The quality and availability of the YouView Service is dependent in part on factors which are outside of our control such as:
13.2.1 your TV aerial;
13.2.2 the availability of digital TV channels in your area;
13.2.3 the quality and availability of the Content; and
13.2.4 in relation to any of the features of the YouView Service which are accessed over the internet, the quality of your broadband internet connection.
13.3 Types of loss or damage that we are not responsible for: We are not responsible for any harm, loss or damage suffered by you or anyone else which may arise from use of the YouView Service:
13.3.3 as a result of a defect with your IE TV;
13.3.4 relating to your use or viewing of any Content;
13.3.6 as a result of any loss of data from or damage to your IE TV or the YouView Service except where we have not used reasonable care and skill;
13.3.7 as a result of any infringement or alleged infringement of intellectual property rights by a third party; and
13.4.1 our liability for death or personal injury caused by our negligence or fraud; and
13.4.2 your liability for death or personal injury caused by your negligence or fraud.
13.5 Types of loss or damage for which our liability is limited: For any loss or damage suffered by you or anyone else which may arise solely and exclusively from use of the YouView Service and which is not covered by paragraphs 13.3 and 13.4, our liability is limited to £100 or any other amount that we agree is appropriate.
14.1 You may stop using the YouView Service at any time.