This is a contract between you and British Sky Broadcasting Limited ("Sky"). Sky is registered in England and Wales under registered number 02906991 and has its registered office and main trading address at Grant Way, Isleworth, Middlesex TW7 5QD. MPP will provide payment services in relation to the Service on our behalf. References to "we" or "us" in this Contract will be read as references to Sky. You can contact us by writing to British Sky Broadcasting Limited, Grant Way, Isleworth, Middlesex, TW7 5QD or by completing a web form on www.sky.com/portal/site/skycom/feedback or by telephoning Sky Player Customer Service on 08442 411 599.
By proceeding to use the Service you agree to be bound by the terms and conditions set out below, any terms and conditions applicable to any offer you have selected, the End User Licence Agreement (if you download the Sky Player software) and our Privacy Notice, copies of which are set out at www.sky.com/skyplayer
"Additional User" means a user of the Service who has been registered to do so by the Primary User;
"Bonus Service" has the meaning explained in Paragraph 2.9 below;
"Buy to Keep Payment" means the amount we have told you that you must pay for each programme or movie that you order from the Buy to Keep Service;
"Buy to Keep Service" means our broadband content service which allows Sky TV and Non-Sky TV Customers to purchase movies, sports, news and entertainment content for a one-off payment on a buy to keep basis;
"Buy to Rent Payment" means the amount we have told you that you must pay for each programme or movie that you order within the Buy to Rent Service;
"Buy to Rent Service" means our broadband content service which allows Sky TV and Non-Sky TV Customers to purchase movies, sports, news and entertainment content for a one-off payment on a buy to rent basis;
"Contract" means the terms and conditions set out in this contract between you and us;
"Device" has the meaning explained in Paragraph 2.1 below
''End User Licence Agreement'' means the current end user licence agreement for the Sky Player software, a copy of which is available on the Sky Player Website;
"Live TV Service'' means our broadband content service which provides live online TV content;
"MPP" means MPP Global Solutions Limited, whose registered office is at Chadwick House, Birchwood Park, Warrington WA3 6AE;
"Non-Sky TV Customer" means a customer who does not have an active subscription to the Sky TV Service;
"On-Demand Service" means the Buy to Keep Service and the Buy to Rent Service;
"Payment Service" means the electronic payment service provided by MPP that you will use to make (where relevant) your Subscription Payments, Buy to Rent Payments and Buy to Keep Payments;
"Payment Service Contract" means the terms and conditions for the Payment Service that you enter into with MPP;
"Pre-Pay Wallet" means pre-pay account you may set up through the Payment Service in order to pay your Subscription Payment(s), Buy to Rent Payment(s) or Buy to Keep Payment(s);
"Privacy Notice" means our privacy notice (found on http://skyplayer.sky.com/vod/content/Home/Application_Navigation/Help/Privacy_Policy/content/l/l/content/privacyPolicyPage.do) which explains how we and any member of our group of companies may collect, use and protect your information.
''Registered Device'' has the meaning set out in paragraph 3.1;
"Service" means (where relevant) the Bonus Service, the On-Demand Service and the Live TV Service;
"Sky Player Content" means content available to view or download included within the Service;
"Sky Player Sports Highlights Service" means our broadband content service available to both Non-Sky and Sky TV Customers (whether or not they have Sky Sports included in their Sky TV Pack) which provides catch-up and highlights programming (but not live content) from Sky Sports;
"Sky Player TV Pack" means the Sky Player TV packs available as part of the Service from time to time;
"Sky Player Website" means the website accessed at www.sky.com/skyplayer;
"Sky TV Customer'' means a customer who already has an active subscription to the Sky TV Service;
"Sky TV Pack" means (where relevant) the viewing package that you subscribe to as part of your Sky TV Service from time to time;
''Sky TV Service'' means the pay-TV service provided by us to customers through their digital satellite box;
"Subscription Payments" means the monthly subscription payments payable by Non-Sky TV and Sky TV Customers (as applicable) for the Service, details of which are set out on the Sky Player Website;
"Subscription Period" has the meaning explained in Paragraph 6.2; and
"Territory" means the United Kingdom, Channel Islands, Isle of Man and Republic of Ireland.
2.1 The Service gives you access to the Live TV Service, the On-Demand Service and the Bonus Service on your internet enabled: (a) computer; or (b) such other device through which the Service is or becomes available (the type and specifications of which will be advised by us from time to time on the Sky Player Website), (?Device?).
2.2 You can only use the Service if you are over 18 years old, have an active subscription to the applicable component of the Service (as described in Paragraphs 2.3 to 2.9 below) and have your Registered Device in the Territory. You will provide us with proof of your identity if we reasonably ask you to do so from time to time.
The Live TV Service
2.3 The Live TV Service is available to:
2.3.1 Sky TV Customers who also have an active Sky Broadband Unlimited or Sky Multiroom Subscription and subscribe to the Live TV Service;
2.3.2 Sky TV Customers who subscribe to the Live TV Service;
2.3.3 Non-Sky TV Customers who subscribe to the Live TV Service,
2.4 If you are a Sky TV Customer with an active Sky Broadband Unlimited or Sky Multiroom Subscription you can subscribe to the Live TV Service free of charge and watch any of the channels available in the Live TV Service which are the same as those included in your Sky TV Pack.
2.5 If you are a:
2.5.1 Sky TV Customer but do not have an active Sky Broadband Unlimited or Sky Multiroom Subscription; or
2.5.2 Non Sky-TV Customer,
you can subscribe to the Live TV Service for a monthly subscription fee which will depend on the Sky Player TV Pack you choose.
The On-Demand Service
2.6 The On-Demand Service is available to Sky TV Customers and Non-Sky TV Customers.
2.7 The On-Demand Service allows you to download for a one-off payment to the Registered Device you are using, a selection of individual programmes and movies through our Buy to Rent Service and, if the Registered Device you are using is a computer, a selection of individual programmes and movies through our Buy to Keep Service.
2.8 The content you can access using the On-Demand Service will depend on whether you are a:
2.8.1 Sky TV Customer (with an active Sky Broadband and Multiroom Subscription) and which Sky TV Pack(s) you have chosen; or
2.8.2 Sky TV Customer or Non-Sky TV Customer (with a subscription to the Live TV Service) and which Sky Player TV Pack(s) you have chosen; or
2.8.3 Non-Sky TV Customer.
The Bonus Service
2.9 Sky TV Customers and Non-Sky TV Customers who subscribe to the Live TV Service will also be able to download free of charge, individual programmes which have recently been shown on Sky TV and/or the Live TV Service (the ?Bonus Service?). The selection of programmes available via the Bonus Service will depend on which Sky TV or Sky Player TV Pack you have chosen.
3.1 In order to use the Service you must:
3.1.1 Have a Device which is compatible with the Service and have an active internet broadband connection. Details of Device compatibility are available on the Sky Player website (www.sky.com/skyplayer). You will be responsible for confirming that your Device is compatible with the Service before registering.
3.1.2 Register your Device (at which point your Device will become a 'Registered Device'). Details on how to register your Device are available on the Sky Player website (www.sky.com/skyplayer).
3.2 To access any Buy to Keep movies and entertainment content via the Buy to Keep Service, you will also need to download and install the Sky Player software to your Registered Device.
3.3 You can only download and install the Sky Player software onto one Registered Device. This means that you and your Additional Users can only view Sky Player Content which you need to access using the Sky Player software on that Registered Device. If you want to change the Registered Device onto which you have downloaded the Sky Player Software, you can do so by calling Sky Player Customer Services on 08442 411 599. Details on which Devices are compatible with the Sky Player software are available on the Sky Player website (www.sky.com/skyplayer).
3.4 Subject to Device compatibility requirements, you and your Additional Users can view and download all Sky Player Content accessible without the Sky Player Software from any Registered Device in the Territory.
3.5 Only one of you or the Additional Users can use the Service at any one time to download or view any Sky Player Content. This means that if you are viewing the Live TV Service on one Registered Device and one of the Additional Users logs into Sky Player and starts to view the Live TV Service from a separate Device, your Live TV Service will stop.
3.6 You are responsible for all hardware, systems and software applications that you download, install and/or operate to use the Service (including, but not limited to, any hardware, systems and/or software necessary to access the internet) except for the Sky Player software, the use of which is subject to the End User Licence Agreement and Paragraph 9 of this Contract.
3.7 To receive the Service you need an internet connection with an effective line bandwidth of at least 2Mbps or above. You may need a higher bandwidth if you want to view Sky Player Content at higher available quality levels.
3.8 You will be responsible for costs and any other charges or expenses charged by your internet service provider ('ISP') in relation to your internet service. Please contact your ISP for details.
3.9 The Service is provided to you using your broadband internet connection. As a result the quality and availability of the Service may be affected from time to time by factors that are outside of our reasonable control such as technical faults in a third party telecommunication providers, and/or a third party ISP's service or network. We will use our reasonable efforts to provide the Service to you but if it is suspended, interrupted or not available for one of these reasons, we will not be responsible unless you have separate rights against us or any other member of the British Sky Broadcasting Group for the provision of these services, for example if you are a Sky Broadband customer.
4.1 If you are a Sky TV Customer and you end your Sky TV Service, you will lose access to the Bonus Service and Live TV Service unless you either re-join Sky TV or you subscribe to Sky Player as a Non-Sky TV Customer.
4.2 The Service is variable. We reserve the right to alter the content, presentation of and/or the facilities available on the Service from time to time without giving you notice. Some of the content on the Service is provided by third parties and we do not accept any responsibility for such content or its availability.
4.3 There are time limits on how long you can retain and view the Sky Player Content which is available as part of the Bonus Service and/or the Buy to Rent Service. Details of these time limits are provided to you at the time of purchase. Stopping, pausing or re-starting content will not extend the time limits for viewing that content. Once the relevant time limits have expired, the content will be automatically deleted from your Registered Device. No refunds will be given for content which you purchased through the Buy to Rent Service and which you have not fully viewed before the expiry of the relevant time period.
4.4 The Sky Player Content available to download as part of the Buy to Keep Service can be retained on your Registered Device indefinitely.
4.5 You will follow our reasonable instructions about how you use the Service and you will not use the Service for any improper or unlawful purpose and you will not allow anyone else to do the same, including Additional Users.
4.6 You will not access the Service or download any content from the Service from any Device which is located outside of the Territory.
4.8 You can only view the Sky Player Content for personal non-commercial purposes.
4.9 You are not permitted to copy, reproduce, republish, post, broadcast, transmit or make any Sky Player Content available to the public or authorise or assist any one else to do so.
4.10 We may require you to reimburse us for any reasonable and foreseeable losses, costs and expenses which we incur as a direct result of the misuse of the Service by you or any one you have allowed to use the Service.
5.1 The Primary User is the person who registers to use the Service. As the Primary User, you can register up to nine Additional Users to access and use the Service providing that the Additional Users live at the same address as you and are a member of your household. Additional Users will have the same access to the Service as you and if you end your access to the Service (for example, if you end your subscription to the Sky TV Service or the Live TV Service), the access to the Service by the Additional Users will end at the same time. You will be responsible for ensuring that any Additional Users you register comply with these terms and conditions when using the Service.
5.2 You and each of the Additional Users will be asked to choose a username and password when you register for the Service. You will need these to access the Service. Your username and password are secret and personal to you and must not be disclosed to any third party in any circumstances. You are responsible for keeping your username and password secure and confidential and you must take all reasonable precautions to prevent them being used by someone else. You are also responsible for the security and proper use of each Additional User's name and password and all activities that occur under these usernames and passwords. If you know or suspect that your username or password or any username or password of your Additional Users has been compromised, or you suspect or become aware of any other breach of security, you must tell us immediately. In these circumstances, you must also ensure that any such username or password is changed as soon as possible.
5.3 If we believe that there has been, or is likely to be, a breach of security of your username or password of any Additional Users, we may suspend such usernames and passwords and require that any or all of them are changed and/or suspend or restrict your and your Additional Users use of all or any part of the Service.
6.1 Currently the Bonus Service is free of charge. If we decide to introduce a subscription fee for the Bonus Service, we will give you at least one month's notice unless we are required to increase our prices by law or because a regulatory authority requests or requires a change to any aspect of our pricing which affects your access to the Bonus Service or our pricing structure directly (if this happens we will try to give you reasonable notice). If you are not the payer of the Subscription Payments payable under this Contract, you should tell the payer of any notice we send you in relation to introducing a subscription fee for the Bonus Service.
Subscription Payments and Upgrades for the Live TV Service
6.2 Unless you are a Sky TV Customer with a subscription to Sky Broadband Unlimited or Sky Multiroom, you must pay us a Subscription Payment for each calendar month you subscribe to the Live TV Service (a "Subscription Period").
6.3 Subscription Payments are paid in advance of each Subscription Period. Your first Subscription Period starts when you first register for the Live TV Service and MPP collects your first Subscription Payment (where applicable) from your Payment Service account.
6.4 At the end of the first Subscription Period, we will automatically renew your subscription for the following Subscription Period and MPP collect your Subscription Payment from your Service Payment account. This process will continue for each of the following Subscription Periods until you tell us that you want to cancel the Live TV Service.
6.5 If you are a Sky TV Customer you can upgrade your subscription to the Sky TV Service by introducing additional Sky TV Packs, the Service will be automatically upgraded to match the channels included in your new Sky TV Pack(s). If you are a Non-Sky TV Customer and you can upgrade your subscription to the Live TV Service by introducing additional Sky Player TV Packs at any time. You will be able to access the content included in any such additional Sky Player TV Pack(s) on the same day as you order your upgrade. We will deduct from your Payment Service account a single payment to cover the increased cost of the additional Sky Player TV Packs included in your upgraded subscription to the Live TV Service for the remainder of your current Subscription Period. We will deduct the Subscription Payment for your upgraded subscription to the Live TV Service from the next Subscription Period.
6.6 We may increase your Subscription Payments at any time by giving you at least one calendar month's notice. We may also increase your Subscription Payments without notice if required by law or if any regulatory authority requests or requires a change to any aspect of our pricing which affects your Subscription Payments directly or our pricing structure directly (if this happens we will try to give you reasonable notice). If you are not the payer of the Subscription Payments payable under this Contract, you should tell the payer of any notice we send you in relation to any such increases to your Subscription Payments.
6.7 We may alter the amount MPP deduct from your Payment Service account if your Subscription Payments change for any reason. MPP may also deduct any other payment due under this Contract which you agree that we may deduct under the Payment Service Contract.
6.8 If MPP is unable to collect your Subscription Payment from you, we can suspend provision of the Service to you without giving you notice. This does not affect our right to end this Contract under Paragraph 8 below.
6.9 The prices for downloading individual programmes and movies available on a Buy to Rent or Buy to Keep basis are set out on the Sky Player website. Charges will be deducted by MPP from your Pre-Pay Wallet or debit/credit card, depending on the payment method you use at the time you order the programme or movie.
Sky Player Sports Highlights Subscription
6.10 If you subscribe to the standalone Sky Player Sports Highlights Package, the same terms and conditions as set out in Paragraphs 6.3 to 6.8 shall apply to your Sky Player Sports Highlights subscription payments and renewal of your Sky Player Sports Highlights subscription.
7.1 All of our prices in relation to the Service are set out on the Sky Player Website and may change from time as notified to you in accordance with Paragraphs 6.1 and 6.6 of this Contract.
7.2 Our prices include VAT and any equivalent sales tax that is applicable from time to time in the Territory. We will not be obliged to honour prices that are the result of obvious and unmistakeable errors and which could reasonably have been recognised by you as a mis-pricing.
7.3 If you are in the Republic of Ireland, you will pay the prices quoted in Euros as set out on the Sky Player Website.
8.1 You can cancel your subscription to the Live TV Service at any time. Your cancellation will be effective and your access to the Live TV Service will cease at the end of the Subscription Period in which you tell us you want to cancel.
8.2 During the seven working days following the date when you first register for the Service, you can cancel your subscription to the Live TV Service at any time and we will reimburse you for any Subscription Payments you have made, provided you do not begin using the Live TV Service. If you start using the Live TV Service, your cancellation rights under this Paragraph 8.2 will end.
8.3 You can cancel your subscription to the Live TV Service in accordance with this contract in the 'Accounts & Settings' section of the Sky Player Website. You will have access to the Service for the remainder of the subscription period you have already paid for, but your subscription will not automatically be renewed.
8.4 We can cancel this Contract at any time. Except as otherwise specified in paragraph 8.6 below, if we cancel this Contract you will have access to the Service for the remainder of the Subscription Period you have already paid for, but your subscription will not automatically be renewed.
8.5 We may be required to black-out certain programmes included with the channels which are part of the Live TV Service. We shall use our reasonable efforts to notify you in advance of any black-outs.
8.6 We may immediately suspend or restrict you or any of your Additional Users' use of all or any of the Service:
8.6.1 where reasonably necessary for technical or operational reasons,
8.6.2 if you have missed any payments you owe to us, or your payments are outstanding, for example if your payment method fails;
8.6.3 if you breach any other terms of this Contract;
8.6.4 if we consider that you or any or your Additional Users have committed or may be committing any fraudulent activity against us or against any other person or organisation through your or their use of the Service.
8.7 We may reasonably refuse any order for individual programmes or movies from our On-Demand Service at our discretion. We may also prevent you from viewing On-Demand content at any time, if you do not pay us for the relevant content.
9.1 If you are a Primary User, you will be responsible for all actions and omissions of all Additional Users you register in relation to their use of the Service.
9.2 Nothing in these terms limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation or for any matter that we cannot exclude or limit as a matter of law.
9.3 Other than as described at Paragraph 9.2 above, we shall not be liable for any financial loss, loss of information, damage to (or corruption of) data or any indirect loss or damage of any kind, whether caused by tort (including negligence), breach of contract for:
9.3.1 suspension or restriction to the Service as set out in Paragraph 8 or any interruption or delay to the Service caused by matters outside our reasonable control;
9.3.2 any errors, viruses or bugs present in or arising from your use of the Service that are not directly caused by or attributable to us;
9.3.3 your negligence or your failure to follow our reasonable instructions;
9.3.4 us or any of our respective officers, employees or agents:
(a) where there is no breach of a contractual obligation or legal duty of care owed to you by us or any of our employees or agents;
(b) where the loss or damage is not a reasonably foreseeable result of any such breach; or
(c) to the extent that the loss or damage results from any breach by you of this Contract;
9.3.5 any incompatibility of the Service with any other software, hardware or material on your Device; or
9.3.6 any other matter that is outside our reasonable control.
9.4 Other than as described at Paragraph 9.2 above, we do not accept any liability for any content provided by third parties as part of the Service or for any product or service advertised, promoted, offered or sold by third party service providers for use in connection with the Service or otherwise. While we will make efforts to ensure that the information contained in or on the Service is as accurate as possible, we do not accept any liability and make no representations or warranties in relation to the accuracy or completeness of the information contained in the Service.
9.5 These limitations do not affect your legal rights. If you require any advice on your legal rights, you can refer to www.consumerdirect.gov.uk.
10.1 Your use of the Service and the Sky Player software is protected by intellectual property laws, this Contract and the End User Licence Agreement.
10.2 All copyright, trade marks and all other intellectual property rights in all material or content supplied as part of the Service will remain ours or, where applicable, our content partners. We hereby grant you a licence to use such rights for your personal use of the Service only, in accordance with this Contract.
10.3 You will not, and you will not assist or facilitate any third party to:
10.3.1 copy, publish, rent, reproduce, transmit, frame, reverse engineer, decrypt, decompile, disassemble, alter or commercially exploit the Sky Player software or any material or content you download from the Service;
10.3.2 sell or make any charge for watching or using any part of the Service; or
10.3.3 show any part of the Service in public to an audience, even if no charge is made.
10.4 We may prevent the copying of any part of the Service.
If you download and save content to your Device (a "File") during the course of using the Service, we may upload parcels of content from the File from your Device for the purpose of transferring Files to other users of the Service.
12.1 The Sky Player software will send information about itself and your Device (including in relation to usage) to us and will automatically share programmes you have downloaded with other Sky Player users. The information we collect includes (as applicable, depending on the type of your Device) your Microsoft Windows product key, the internet protocol address of your Device, and information derived from the hardware configuration of it and is used to identify your Device, to validate your right to use the Service, and so that we can report on and improve the Service. By using the Sky Player software, you consent to the transmission of this information. If three or more of these features of your Registered Device change, you will not be able to access the Service from it and you should contact our customer service team to re-register your Device to continue using the Service.
Your dealings with, or participation in promotions by, any third party advertisers on or through the Service are solely between you and such third party. You agree that we shall not be responsible or liable for any loss or damage of any kind incurred by you as the result of any such dealings or as the result of the presence of such third parties on the Service.
The Service may present links to third party websites not owned or operated by us. We are not responsible for the availability of these sites or their contents.
15.1 If we give you any notice that is required under this Contract, we shall give it to you by electronic communication (including via the Sky Player Website). If we send you any notice with any other electronic communication, such as with a service message, the notice will be in a separate section of the relevant communication and will be clearly marked. The notification will deemed to have been delivered on the day the electronic communication is sent provided we have not received a failed delivery notice (in which case we will send a notice via the Sky Player Website).
15.2 We will send notices to you using the contact details you have given us. You must provide us with accurate, true and correct contact details and you must keep this information up to date. Please ensure you notify us of any updates, amendments and corrections to your information by contacting us on 08442 41 41 41 or through the ?Manage Profile? section of MySky.
15.3 If we amend this Contract or the Privacy Notice, we will notify you. Your first use of the Service after you have been notified of the new terms will constitute acceptance of such changes. If we amend this Contract and such change has a material effect on you to your detriment we will give you one months' notice of such change. You may end this Contract at any time in accordance with Paragraph 8.1 above. Your cancellation will be effective and your access to the Live TV Service will cease at the end of the Subscription Period in which you tell us you want to cancel. If you cancel the Contract during the one months? notice period and your Subscription Period ends after the expiry of the one months? notice period, the change to the Contract will not apply for the remainder of your Subscription Period.
16.1 We can transfer our rights and obligations under this Contract to any company, firm or person. We can only do this if it does not affect your rights under this Contract. You may not transfer your right or obligations under this Contract to anyone else.
16.2 This Contract is personal to you and no third party is entitled to benefit under this Contract except pursuant to Paragraph 16 above.
16.3 All or any part of any term of this Contract that is found to be unfair or unenforceable will be treated as deleted and the remainder of the terms will continue to govern each of our respective obligations going forward.
16.4 This Contract is governed by English Law. If your address is in the UK, all disputes will be dealt with by the courts in England and Wales or any other UK court that could lawfully deal with the case. If your address is in the Republic of Ireland, all disputes will be dealt with by the courts in England and Wales or in the Republic of Ireland.
Discounted pack prices: Available to new/lapsed Sky Player customers only. You must subscribe to Sky Player for a minimum of 3 months Your subscription will renew automatically. If you do not unsubscribe you will be charged the standard monthly subscription price after the first 3 months. Offer ends 30th September 2010. Sky Player: Subscription £15 - £41.50/[?18 - ?60] a month. Some on-demand content is only available to Sky TV subscribers. Your subscription will renew automatically until you unsubscribe. Some programmes from live Sky TV channels are unavailable to show online (see skyplayer. com). Availability of content may depend on your device type. To watch Sky Player on your Xbox 360 you need an Xbox Gold Live subscription. Minimum 2Mb broadband connection recommended. PC with Microsoft Windows XP, Windows 7 or Vista, or Intel based Mac required. Available to residential customers in UK, ROI, Channel Islands and Isle of Man.Further terms apply. Correct at 26th July 2010.