Terms of Service
Thank you for your interest in using the Animax on-demand service (the "Service") operated by Entertainment Networks (UK) Limited, Columbia Pictures Corporation Limited and/or one of their affiliated companies (collectively, "Animax", “we”, “us” “our”). These Terms of Service (the "Terms") govern your use of the Service, your use of any software including (without limitation) apps that Animax makes available to users of the Service (the "Software"), and your use of the Animax platform as made available via third party platforms, mobile apps and the website currently located at www.animaxtv.co.uk (the "Platform"). In these Terms, the Service, the Software, and the Platform are collectively referred to as the "Animax Service." Please read these Terms carefully. By using the Animax Service, you are stating that you have read and understand, and agree to be bound by, these Terms. If you do not agree to these Terms, you may not use the Animax Service. The Animax Service may be accessed from certain third-party websites, apps and platforms. Your use of such third-party websites, apps and platforms may also be subject to applicable terms and conditions that are different from these Terms.
- “Mobile Network” means a mobile telecommunications network transmission system designed for mobile devices such as GSM (2G), UMTS (3G), LTE (4G) and IEEE 802.11 (wifi) operated by a third party;
- “Access Period” means the period of time for which certain Content may be accessed via the Animax Service (as clearly set out within the Animax Service at the point from which you access Content and also here in the FAQs);
- “Content” shall have the definition provided in Clause 11 (Ownership of Animax’s Content; Restrictions on Use) below;
- “Device” means the device or devices upon which you view the Content and use the Animax Service in accordance with the instructions and restrictions set out herein and/or on the Platform (as applicable);
- “MPP” means MPP Global Solutions Ltd (registered number 03951843), whose registered office is at The Centre, Birchwood Park, Warrington, Cheshire, United Kingdom, WA3 6YN;
- “One-Off Payment” means a one-off payment that you may be required to pay in order to use part of the Animax Service, including but not limited to any non-recurring fee you may be required to pay to use part of the Animax Service or access pay-per-view on-demand Content (where available);
- “Payment Period” means each month that you subscribe to the Animax Service by making a Subscription Payment starting on the date you are first permitted to access the Animax Service subscription and continuing for a period of one calendar month from the date each Subscription Payment (for example, if you are first granted access to the Animax Service on 5 June at 10:00am, your first Payment Period will start on 5 June and end on 5 July at 9:59am and your next Payment Period will start on 5 July at 10:00am and end on 5 August at 9:59am, and so on, until you unsubscribe);
- “Subscription Payment” means the monthly recurring fee payable (the amount of which is set out on the Animax Service) that you may be required to pay to subscribe to the Animax Service or parts of the Animax Service;
- “Territory” means the United Kingdom, Channel Islands and Isle of Man (as applicable).
2. ACCESS TO THE SERVICE
The Animax Service is made available in the Territory. You will need to register in order to receive the subscription service as well as to access pay-per-view on-demand Content. In order to register and use the Animax Service, you must be 18 years of age, provided that if you are under 18 but at least 13 you may access and use the Animax Service on the condition that you have the consent of your parent or guardian and that your parent or guardian is the registered user who has consented to these Terms. If you are under the age of 13 you are not permitted to use or register for the Animax Service. Some Content on the Animax Service may be intended for mature audiences and, depending upon your age, you may be restricted from accessing such Content. Any such Content shall be marked on the Animax Service and shall require you to certify you are over the relevant age by clicking a confirmation box. In addition, if you elect to set it up, the Content can also be subject to parental controls limiting access to certain types of Content through the use of a PIN number. You affirm that you are 18 years of age or older, or if you are at least 13, that you have obtained the consent of your parent or legal guardian or that you are an emancipated minor. You also affirm that you are fully able and competent to enter into these Terms and to abide by and comply with them.
In order to access and use the Animax Service, you must:
- follow our reasonable instructions and requirements in relation to how you use the Animax Service, as set out in these Terms and on the Animax Service and updated by us from time to time;
- only access and use the Animax Service via your Devices in the Territory;
- be a resident in the Territory;
- provide us with proof of identity if we reasonably ask you to do so from time to time;
- ensure that your Device meets the minimum hardware, systems and software requirements, as set out here in the FAQs and updated by us from time to time; and
- ensure that you have access to either a suitable Mobile Network and/or broadband internet connection, as applicable and as set out on the Animax Service.
3. YOUR RESPONSIBILITIES
The Animax Service is provided to you via the internet (including via a Mobile Network and/or broadband internet connection (as applicable)). You will be responsible for any costs charged by your Mobile Network and/or internet service provider in relation to the provision of the Mobile Network coverage and/or broadband internet connection necessary to use the Animax Service. If the Animax Service is suspended, interrupted or not available to you due to internet connection interruptions, we will not be responsible. Viewing the Animax Service via a Mobile Network may be less reliable than via a broadband internet connection and may incur higher charges from your Mobile Network service provider. Check your data plan with Mobile Network and internet service provider carefully to better understand the charges you might incur.
You also agree to: (a) provide true, accurate, current, and complete information when prompted (e.g., at registration or when viewing content intended for mature audiences) and (b) maintain and update such information so that it is true, accurate, current, and complete at all times.
In addition, you agree not to use the Animax Service: (i) to violate any local, state, national, or international law or regulation; (ii) in contravention of Clause 9 (Commenting) below; (iii) to infringe any applicable copyright laws, including by means of using software or equipment to capture, copy or otherwise re-produce Content; or (iv) to interfere with or disrupt the Animax Service or servers or networks connected to the Animax Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Animax Service.
You further agree not to use or launch any automated system, including, without limitation, "robots," "spiders," "offline readers," or the like, that access the Animax Service in a manner that sends more request messages to the Animax Service servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser, or to make any other non-genuine use of the Animax Service. Notwithstanding the foregoing, Animax allows operators of public search engines to use spiders to index materials from the Animax Service for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Animax reserves the right to revoke these exceptions either generally or in specific cases.
4. PASSWORD AND SECURITY
You as the registered user of the Animax Service are responsible for maintaining the confidentiality of your Animax Service username and password, and you must take all reasonable precautions to prevent them from being used by someone else. You are solely responsible for all activities that occur under your username and password. If you know or suspect that your username and password has been compromised, or you become aware of any other breach of security related to the Animax Service, you agree to immediately notify Animax. You can contact us during normal UK business hours (9.30am – 5pm) at email@example.com or 24/7 on 0845 434 9467.
Animax reserves the right to require you to alter your username and/or password if Animax believes that your password is no longer secure. Animax WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR USERNAME AND/OR PASSWORD OR FOR ANY ACTIONS OCCURRING UNDER YOUR USERNAME AND/OR PASSWORD.
5. PAYING FOR THE SERVICE
Certain Content and certain parts of the Animax Service are provided to you free-of-charge on an ad supported basis. Other Content and parts of the Animax Service will require payment by you if you are interested in accessing them, as specified on the Animax Service. Payments are collected on Entertainment Networks (UK) Limited behalf by our payment processor, MPP. MPP will collect Subscription Payments and/or One-Off Payments on our behalf, where required as specified on the Animax Service. At the time of payment where MPP collects the payments required to use certain parts of the Animax Service (as stated therein) you must provide MPP with the information needed to collect payment and you authorise MPP to collect Subscription Payments or One-Off Payments on our behalf.
If you are required to pay a Subscription Payment in order to use the Animax Service or parts of the Animax Service, you must pay a Subscription Payment for each Payment Period to Entertainment Networks (UK) Limited. By commencing your subscription, you agree that thereafter, subject only to any free trial periods offered, you authorises us to charge you a recurring monthly fee, which will continue month to month using your chosen payment method, until you cancel your subscription via the MY ACCOUNT section (available when logged-in), as explained in clause 7 (Cancellation, Restriction, Modification or Disruption). You must cancel before the next Payment Period in order to avoid billing for the next month’s Subscription Payment.
From time to time we may offer package deals whereby you can commit to a minimum number of recurring Payment Periods in return for a discount to the standard monthly Subscription Payment (“Minimum Subscription Package”). At the end of the minimum number of Payment Periods you will automatically revert to the standard monthly subscription price unless you cancel your subscription. By commencing your subscription to a package with a minimum number of Payment Periods, you agree that thereafter, subject only to any free trial periods offered, you authorise us to charge you a recurring monthly fee, which will continue month to month using your chosen payment method for the minimum number of Payment Periods at the reduced subscription price and thereafter, month to month at the standard monthly subscription price until you cancel your subscription via the MY ACCOUNT section (available when logged-in), as explained in clause 7 (Cancellation, Restriction, Modification or Disruption).
See here in the FAQs for a description of and the current packages and prices for the Animax Service.
Where relevant, if you choose to upgrade your subscription to the Animax Service or parts of the Animax Service during any Payment Period, and as a result you are required to pay a higher Subscription Payment, MPP will deduct on behalf of Entertainment Networks (UK) Limited:
- on the day you upgrade your subscription, a single payment from the debit or credit card you use to pay your Subscription Payments to cover the increased cost of your subscription for the remainder of your current Payment Period. For example, if you upgrade on the twenty-fifth day of a Payment Period, the remaining five days of that Payment Period (assuming it’s a thirty-day month) will be charged at the increased Subscription Payment rate (pro rata);
- on the day after your Payment Period ends, the new Subscription Payment for the forthcoming Payment Period.
Where relevant, if you choose to change your subscription to the Animax Service or parts of the Animax Service during any Payment Period to a Minimum Subscription Package, and as a result you are required to pay a reduced Subscription Payment, MPP will on behalf of Entertainment Networks (UK) Limited:
- refund you for the number of days remaining in your current Payment Period on the day you change your subscription to a Minimum Subscription Package. For example, if you change on the twenty-fifth day of a Payment Period, the remaining five days of that Payment Period (assuming it’s a thirty-day month) will be refunded on a pro rata basis;
- deduct from the debit or credit card you use to pay your Subscription Payments, the reduced Subscription Payment for the first month of the Minimum Subscription Package on the day you change your subscription to the Minimum Subscription Package.
Notices that we send you in relation to any increases to your Subscription Payments will be sent to you as the registered user and payer of the Subscription Payments payable under these Terms.
We may alter the amount MPP deducts on behalf Entertainment Networks (UK) Limited from the debit or credit card you use to pay your Subscription Payments if your Subscription Payments change for any reason (including where you change your subscription), as set out more fully above and/or in Clause 7 (Cancellation, Restriction, Modifications or Disruption).
If you choose to use part of the Animax Service for which you are required to pay a One-Off Payment (where available) to Entertainment Networks (UK) Limited and MPP are unable to collect the One-Off Payment on our behalf from you, you will not be able to access that part of the Animax Service. Details and current prices of One-Off Payments will be provided before you purchase or otherwise access the Content.
Access Periods may limit how long you can retain and view Content. Details of any applicable Access Period are provided before you purchase or otherwise access the Content. Information regarding Access Periods can also be found here in the FAQs. Stopping, pausing or re-starting Content will not extend the Access Period for viewing that Content. Once the Access Period has expired, the Content will no longer be made available to you and may be automatically deleted from or rendered non-playable on your Device.
If you choose to use part of the Animax Service for which you are required to pay a One-Off Payment (where available), the Access Period will commence immediately or shortly after you have made payment (even if you do not in fact access or use that content). You acknowledge and agree that, where the Access Period commences upon order confirmation, you will have no right to cancel your purchase (including without limitation under the Consumer Protection (Distance Selling) Regulations 2000). Furthermore you agree that, following confirmation of your order, your purchase is final, non-exchangeable and non-refundable. No refunds will be given for Content that you have not fully viewed before the expiry of the Access Period.
If any content that you purchase is faulty, incorrect or incomplete please contact us within 28 days of order confirmation so that we can investigate and if appropriate arrange a replacement or refund (at our sole discretion). If you fail to notify us within 28 days, we will have no liability to you.
If you have any questions or concerns regarding payments, please contact us 24/7 on 0845 434 9467.
All of our prices in relation to the Animax Service are in Great British Pounds and are set out within the Animax Service in advance of access including here in the FAQs. Such prices may change from time to time as notified to you and in accordance with Clauses 5 (Paying for the Service and 7 (Cancellation, Restriction or Modifications) of these Terms.
Our prices include VAT and any equivalent sales tax that is applicable from time to time in the relevant Territory.
7. CANCELLATION, RESTRICTION, MODIFICATIONS OR SERVICE DISRUPTIONS
If you wish to cancel your subscription to the Animax Service, you may inform us at any time via the MY ACCOUNT section. Where you pay a Subscription Payment to use the Animax Service, your cancellation will be effective and your access to the Animax Service will cease at the end of the Payment Period in which you notify us of your wish to cancel unless you have subscribed to a Minimum Subscription Package with a minimum number of Payment Periods in which case, if you cancel before the end of the minimum number of Payment Periods, you will continue to be charged and continue to have access to the Animax Service until the end of the minimum number of Payment Periods.
We do not provide refunds or credits if you cancel your subscription part way through a Payment Period. As set out above, no refunds will be given for Content that you have not fully viewed before the expiry of the Access Period.
Where you do not pay a further Subscription Payment to continue use the Animax Service, your cancellation will be effective immediately following the end of any Access Period(s) for which you have paid. Where you cancel your subscription to the Animax Service during any free trial period (as may be advertised on the Animax Service from time to time), your cancellation will be effective immediately.
We can cancel or end the Animax Service at any time. Except as otherwise specified below, if we cancel or end the Animax Service and:
- you pay a Subscription Payment to use the Animax Service, you will have access to the part of the Animax Service to which the Subscription Payment relates for the remainder of your current Payment Period, but your subscription will not automatically be renewed; and/or
- you will have access to Content purchased by way of a One-Off Payment and subject to an Access Period for the remainder of the Access Period.
Subject to limitation of liability in clause 19, if the Animax Service is cancelled pursuant to this clause 7 and is no longer available for you to access (i) the part of the Animax Service to which the Subscription Payment relates, or (ii) to Content purchased by way of a One-Off Payment (where available), Animax’s maximum liability to you is limited to the amount of any Subscription Payment or One-Off Payment that you have paid calculated on a pro rata basis in respect of the amount of time that such content is unavailable to you.
Some of the Content we provide is supplied by third parties. The availability of such Content on the Animax Service is subject to agreements with third party suppliers and we may be unable to make certain programmes available via the Animax Service at certain times or we may be unable to show Content on certain Devices. We shall use our reasonable efforts to notify you in advance (via the Animax Service or otherwise) about the unavailability of certain programmes and any Device restrictions.
Animax reserves the right to modify or discontinue the Animax Service from time to time. We will give you at least 30 days’ notice before we change the Animax Service to your material disadvantage (unless an immediate change is required as provided below) and at least one Payment Period’s notice before we increase your Subscription Payment, unless such increase results from: (a) you changing your subscription; or (b) us being required to increase our prices by law or because a regulatory authority requests us to do so or requires a change to any aspect of our pricing which directly affects your Subscription Payments or our pricing structure (if this happens we will provide notice of such changes by email to the registered users email address.
In certain circumstances, we may not be able to give you advance notice as described above. This could occur, for example, as a result of a threat of action from a regulatory body or other third party, if urgent changes are required for security reasons, unexpected service disruptions or other reasons beyond our control. In these circumstances, we will provide as much notice as practicable and may, in our sole discretion, issue a refund or other form of compensation for any unused part of the Access Period for which you have paid and which you are prevented from using as a result of these limited circumstances.
The Animax Service may enable you to submit your textual comments to the Animax Service ("User Comments"), and such User Comments will generally be available to all users of the Animax Service. When you provide Animax with any User Comments, you grant to Animax and its affiliates, representatives, and assigns a non-exclusive, fully-paid, royalty-free, transferable, perpetual, world-wide license, with the right to grant sublicenses through multiple tiers of sublicensees, to display, publicly perform, distribute (including, without limitation, through third-party websites), store, transcode, broadcast, transmit, reproduce, edit, modify, create derivative works, and otherwise use and reuse your User Comments (or any portions or derivative works thereof) in any manner, in any medium now known or hereinafter created, for any purpose. You acknowledge and agree that: (a) you have no expectation of compensation or confidentiality of any nature with respect to any User Comments and (b) Animax and/or its affiliates may already have projects under consideration that are similar to User Comments or may independently develop projects that are similar to User Comments. Because of the viral nature of social media, you should not submit any content to the Animax Service that you do not want to be viewed by others in such ways and on such a basis as set out in these Terms or otherwise.
Animax reserves the right to display advertisements in connection with your User Comments and to use your User Comments to advertise and promote your User Comments or the Animax Service.
If you wish to remove or delete any User Comments from the Animax Service please contact us by email at firstname.lastname@example.org and we will take reasonable steps to ensure such User Comments will be removed from the Animax Service within a reasonable period of time. Nonetheless, User Comments that are removed may still be available to third parties who previously acquired the link and/or who may have cached versions or saved screenshots of User Comments. Furthermore, Animax may maintain copies for archival purposes. Animax is not required or under any obligation to host, display, or distribute any User Comments, and may remove them at any time. Animax is not responsible for any loss, theft or damage of any kind to any User Comments.
You represent and warrant that: (a) you own all rights of all and any kinds in your User Comments or, alternatively, you have acquired all necessary rights in your User Comments to enable you to grant to Animax the rights in your User Comments described herein; (b) you have paid or satisfied and will pay or satisfy in full all license fees, clearance fees, royalties, and any other financial or third party obligations of any kind, arising from any use or commercial exploitation of your User Comments, and Animax will not be responsible for such obligations; (c) you have waived, or procured the waiver, of any moral rights that may subsist in the User Comments; and (d) your User Comments do not infringe the intellectual property rights, privacy rights, publicity rights, or any other legal or moral rights of any third party.
You acknowledge that Animax does not necessarily preview any User Comments uploaded by you or other users of the Animax Service but that Animax may preview, or review after initial posting, User Comments for a variety of reasons, including, without limitation, for compliance with these Terms. Animax and its designees shall have the right in their sole discretion to refuse or remove any User Comments that violate the Terms or are otherwise objectionable, as well as terminate your access to the Animax Service. You may notify Animax of any User Comments or users you find that violate these Terms by emailing us at email@example.com and identifying such User Comment or reporting such user in the Animax Service (see here in FAQs for more information on how to flag a User Comment or report a user). Animax does not endorse any User Comment, and any User Comments on the Animax Service do not reflect the opinions or policies of Animax. Animax disclaims any and all liability in connection with any and all User Comments (including those that may be objectionable and/or offensive) which are viewed at your own risk. You agree to waive any legal or equitable rights or remedies you may have against Animax with respect to such User Comments.
You agree not to: (i) transmit any User Comments that are abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable; (ii) transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; (iii) knowingly transmit any material that contains adware, malware, spyware, software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) stalk, harass, or harm another individual; or (v) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity.
9. MONITORING OF CONTENT
Animax does not, as part of a regular, established practice, monitor, control, or have knowledge of the User Comments on the Animax Service. Animax reserves the right to remove any such content for any reason, including because it does not comply with these Terms or any other Animax policies.
You further agree that Animax and its affiliates are free to use for any purpose whatsoever, ideas, know-how, concepts, techniques, comments, criticisms, reports, or other feedback or content or User Comments posted in response to, as a supplement to, or in association with any other content (including without limitation, User Comments) available on or in connection with the Animax Service ("Feedback"), whether oral, written or video/multimedia, that you may send to Animax or its affiliates. You acknowledge and agree that you have no expectation of compensation or confidentiality of any nature, and that Animax has no duties to you, with respect to such Feedback.
11. OWNERSHIP OF ANIMAX’S CONTENT; RESTRICTIONS ON USE
The content on the Animax Service, including without limitation, television shows, movies, clips, videos, text, software, scripts, graphics, photos, sounds, music, interactive features and the like (collectively, the "Content") and the "Animax" word mark and the Animax design mark, as well as certain other of the names, logos, and materials displayed on or through the Animax Service that constitute trademarks, tradenames, service marks or logos (the "Marks") are owned by or licensed to Animax and are subject to copyright, trademark, and other intellectual property rights under U.K, U.S. and all applicable international laws.
You agree not to reproduce, duplicate, copy, download, stream, capture, archive, upload, publish, broadcast, sell, resell, modify, translate, decompile, disassemble, reverse engineer or exploit for any purposes the Animax Service or any portion of the Animax Service, including, without limitation, the Content and the Marks, except as authorized by these Terms or as otherwise authorized in writing by Animax and its applicable licensors. In addition, you are strictly prohibited from creating derivative works, or materials that otherwise are derived from or based on in any way the Content and the Marks, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, except as authorized by these Terms or as otherwise authorized in writing by Animax and its applicable licensors.
You may not incorporate the Content into any hardware or software application. The Animax Service is provided for your personal, non-commercial use only. You must abide by all copyright notices, information, and restrictions contained in or associated with any Content. You must not remove, alter, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device or other content protection or access control measure (including, without limitation, geofiltering and/or encryption) associated with the Content.
12. LICENSE GRANTED TO YOU
Animax hereby grants you a revocable, non-exclusive, non-transferable, limited, royalty-free license to view the Content and/or User Comments in the Territory subject to the restrictions set forth herein and solely for non-commercial purposes as permitted and intended by the Animax Service. The foregoing license granted to you shall automatically terminate if you violate these Terms.
Animax may enable you to cut and paste code (e.g., HTML) from the Animax Service for the purpose of embedding the Content and/or User Comments on your own personal websites or web pages. You agree that you will not: (a) modify or cause to be modified such code; (b) modify or cause to be modified the display of any Content and/or User Comments (e.g., you will not remove any watermark, copyright notice.); or (c) use such code or any Content and/or User Comments for any commercial purpose. Further, you agree that you will not embed any Content on any website or other location that contains or hosts content that is unlawful, pornographic, obscene, defamatory, libelous, threatening, harassing, vulgar, indecent, profane, hateful, racially or ethnically offensive, encourages criminal conduct, gives rise, or potentially gives rise, to civil liability, violates any law, rule or regulations, infringes any right of any third party including intellectual property rights, is otherwise objectionable to Animax, or links to infringing or unauthorized content.
13. COPYRIGHT INFRINGEMENT NOTICE PROCEDURE
(a) Copyright Infringement Notification.
Animax respects the intellectual property rights of others. Upon proper notice, Animax will remove User Comments that violate copyright law, suspend access to the Animax Service (or any portion thereof) to any user who uses the Animax Service in violation of copyright law, and terminate the accounts of repeat infringers.
Animax has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with applicable law. If you believe your work has been copied in a way that constitutes copyright infringement, please send Animax's copyright agent a notification of claimed infringement with all of the following information: (i) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a list with full identifying details of such works; (ii) identification of the claimed infringing material and information reasonably sufficient to permit Animax to locate the material on the Animax Service; (iii) information reasonably sufficient to permit Animax to contact you, such as an address, telephone number, and, if available, an email address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (v) your physical or electronic signature. Please provide us with a notice that includes all of the above enumerated information (“Notice of Infringement”) and email or mail it to the following Animax copyright agent:
Content Protection Group
10202 W. Washington Blvd.
Culver City, CA 90232
United States of America
Phone: (310) 244-3450
Fax: (310) 244-1742
By submitting a Notice of Infringement, you acknowledge and agree that Animax may forward your Notice of Infringement and any related communications to any users who posted the material identified in such notice.
Please do not send notices or enquiries unrelated to alleged copyright infringement to Animax's designated agent.
(b) Counter Notification.
If you believe that your content has been wrongfully removed from the Animax Service, you may send Animax a counter notification. You may be held liable for damages if you make material misrepresentations in a counter notification.
By submitting a counter notification, you acknowledge and agree that Animax may forward your counter notification and any related communications to the person who submitted the original Notice of Infringement that resulted in the removal of your User Comment or to other third parties.
14. Authority for Television On Demand Ltd (“ATVOD”)
The Authority for Television On Demand Ltd (“ATVOD”) regulates the editorial content of on-demand programme services. This includes ensuring that rules governing material likely to incite hatred, material which might seriously impair the development of under 18s, product placement in programmes and sponsorship of individual programmes or services are observed. You can submit a complaint about any of these aspects of our on-demand service to ATVOD using the online complaint form at www.atvod.co.uk/complaints/submit-a-complaint. You can also send your complaint to ATVOD by email to firstname.lastname@example.org or by post to ATVOD Complaints, 27 Sheet Street, Windsor, Berkshire, SL4 1BN.
Please note ATVOD are the regulators in respect of the editorial content on our video on demand services only. Advertising within our services is regulated by the Advertising Standards Authority. You can access the ASA complaints procedure online at www.asa.org.uk/Complaints. You can also complain to the ASA by post to Advertising Standards Authority, Mid City Place, 71 High Holborn, London WC1V 6QT or by telephoning 020 7492 2222.
Any queries or complaints relating to editorial or advertising issues regarding the Animax Service can be emailed to email@example.com or by post to Columbia Pictures Corporation Limited, Sony Pictures Europe House, 25 Golden Square, London, W1F 9LU, Attention: Animax UK
- License. Subject to these Terms, Animax grants you a non-exclusive, non-transferable, non-assignable license (without right to sublicense) to download, install and/or use one copy of the Software on your Device in machine-executable object code form only.
- Restrictions. You may not copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Software without the prior written consent of Animax. You may not assign, rent, lease, license or lend the Software to any person or entity. Any attempt by you to sublicense, transfer, or assign the Software will be void and of no effect. You may not decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Software by any means whatsoever, except to the extent the foregoing restriction is prohibited by applicable law.
- Ownership. You have no ownership rights in the Software or any related documentation. Animax retains all right, title, and interest in and to the Software (including any changes, modifications, or corrections thereto) and any related documentation. You understand and agree that you will gain no right, title, or interest in or to the Software by virtue of any Feedback provided by you and that you do not now have, will not have, and will never claim to have, any proprietary rights (including intellectual property rights and trade secret rights) in or to the Software (or any changes, modifications, or corrections thereto). If you are ever held or deemed to hold any right in or to the Software (or any changes, modifications, or corrections thereto) by virtue of your Feedback, then you hereby irrevocably assign to Animax all such rights. In the event that any such right cannot be so assigned, you hereby agree to waive enforcement world-wide of such rights against Animax and hereby grant to Animax an exclusive license, with right to sublicense through multiple tiers of sublicensees, to use, reproduce, distribute, create derivative works of, perform and display, in any medium or format, whether now known or later developed, any and all property that is subject to such rights. The Software may include technology owned by Microsoft Corporation and/or other third parties and be utilized under a license from such third parties or their affiliates. Use or distribution of such technology outside of the Software is prohibited without a license from Microsoft Corporation, and/or any relevant third party, and/or their affiliates.
- All users acknowledge and agree that content owners use Microsoft PlayReady™ content access technology to protect their intellectual property, including copyrighted content. The use of any device to access the Animax Service will employ PlayReady technology to allow access to PlayReady protected content and/or WMDRM-protected content. If the device fails to properly enforce restrictions on contentusage, content owners may require Microsoft to revoke the device's ability to consume PlayReady-protected content. Revocation should not affect unprotected content or content protected by other content access technologies. Content owners may require you to upgrade PlayReady to access their content. If you decline an upgrade, you will not be able to access content that requires the upgrade.
Your right to use the Animax Service automatically terminates if you violate these Terms or any rules or guidelines posted in connection with the Animax Service.
Furthermore, we shall be entitled to suspend or limit your access to, or use of, the Animax Service (fully or partly) immediately (with no liability):
- if you fail to make due payment to us (in whole or in part) for your use of the Animax Service for any reason (including without limitation due to failure of your payment method);
- if you breach any of these Terms or any rules or guidelines posted on the Animax Service;
- if you commit any fraudulent activity through your use of the Animax Service;
- if you act towards our staff or representatives in a way which we reasonably consider unacceptable or inappropriate; or
- if due to technical or operational reasons, suspension or limitation of the Animax Service is reasonably necessary.
Animax reserves the right, in its sole discretion, to terminate your access to all or part of the Animax Service, for any reason, provided that if it is through no breach (or alleged breach) of these Terms by you:
- if you pay a Subscription Payment to use the Animax Service, you will have access to the part of the Animax Service to which the Subscription Payment relates for the remainder of your current Payment Period, but your subscription will not automatically be renewed; and/or
- you will have access to Content purchased by way of a One-Off Payment and subject to an Access Period for the remainder of the Access Period.
FURTHER, YOU AGREE THAT ANIMAX SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR REMOVING YOUR (OR ANY OTHER PERSON'S) USER COMMENTS, FEEDBACK OR SUSPENDING OR TERMINATING YOUR (OR ANY OTHER PERSON'S) ACCESS TO THE ANIMAX NETWORK (OR ANY PORTION THEREOF) OTHER THAN AS EXPRESSLY SET OUT HEREIN. You may discontinue your participation in and access to the Animax Service at any time (subject to Clause 8 above (Cancellation, Modification or Restrictions), as applicable). Animax reserves the right to investigate your use of the Animax Service in the event Animax, in its sole discretion, believes you have violated these Terms.
The Animax Service may contain links to third party Web sites or Internet resources that are not owned or controlled by Animax. Animax's provision of a link to any other Web site or Internet resource is for your convenience only and does not signify Animax's endorsement of such other Web site or resource or its contents. ANIMAX SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, INFORMATION, SOFTWARE, MATERIALS OR PRACTICES OF ANY THIRD PARTY WEBSITE OR INTERNET RESOURCE, INCLUDING ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE ANIMAX NETWORK OR ANY LINKED WEBSITE OR FEATURED IN ANY ADVERTISING.
18. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE ANIMAX NETWORK IS AT YOUR SOLE RISK. THE ANIMAX NETWORK IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, ANIMAX AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE ANIMAX NETWORK (INCLUDING, BUT NOT LIMITED TO AVAILABILITY, RELIABILITY, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT).
Animax and its affiliates make no warranties or representations about the accuracy or completeness of content available on or through the Animax Service or the content of any websites linked to the Animax Service and assume no liability or responsibility for any: (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Animax Service (subject to Clause 20 (Exclusions and Limitations); (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; (iv) any interruption or cessation of transmission to or from the Animax Service; (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Animax Service by any third party; and/or (vi) for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available on or through the Animax Service.
19. LIMITATION OF LIABILITY
Animax will not be liable under these Terms for:
- any use of the Animax Service that is not authorised by us;
- the act of ending, suspending or restricting these Terms in accordance with Clause 7 (Cancellation, Modification, Restrictions or Disruptions) and/or Clause 16 (Termination);
- any delay or failure by us to provide the Animax Service (or any part of it) caused by events outside our reasonable control. Matters outside our reasonable control include (but are not limited to) severe weather conditions, civil disorder, terrorist activity, war and government action;
- any loss or damage caused by us or any of our respective officers, employers or agents in circumstances where:
- there is no breach of a contractual obligation or legal duty of care owed to you by us or by any of our employees or agents; or
- such loss or damage is not a reasonably foreseeable result of any such breach;
- any loss or damage caused by us or any of our respective employees or agents to the extent that such loss or damage results from your negligence, your failure to follow our reasonable instructions or any other breach by you of these Terms;
- any loss or damage caused by any:
- errors, viruses or bugs present in or arising from your use of the Animax Service that are not directly caused by or attributable to us; or
- incompatibility of the Animax Service with any other software, hardware or material on your Device.
The limitations set out herein do not affect your legal rights. If you require any advice on your legal rights, you can refer to www.adviceguide.org.uk.
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL ANIMAX OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER FINANCIAL LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT'S) USE OF THE ANIMAX NETWORK.
In no event shall our total liability to you for all damages, losses and causes of action whether in contract, tort (including negligence) or otherwise arising out of these Terms and/or your use of the Animax Service exceed the amount paid by you to us, if any, for accessing the Animax Service, or £100 (whichever is the greater).
20. EXCLUSIONS AND LIMITATIONS
To the extent Animax may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Animax's liability shall be the minimum permitted under such applicable law. Nothing in these terms limits Animax’s liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation.
You agree to indemnify, defend, and hold harmless Animax, its subsidiaries, affiliates, officers, directors, employees, consultants and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and costs) that such parties may incur as a result of or arising from (a) any information (including, without limitation, your User Comments, Feedback, or any other content) you (or anyone using your account) submit, post, or transmit on or through the Animax Service; (b) your (or anyone using your account's) breach of these Terms; or (c) your (or anyone using your account's) violation of any rights of any other person or entity, including, without limitation, any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Animax reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Animax in asserting any available defenses.
These Terms (including any dispute that may arise out of or in connection with these Terms) shall be construed and enforced in accordance with the laws of England and Wales without regard to any choice of law or conflict of laws principles, regardless of where you live.
23. GENERAL FEEDBACK - COMPLAINTS - ESCALATION PROCEDURE
We hope that you are happy with your experience on the Animax Service. If you have any general comments or other feedback regarding the Animax Service, please email us firstname.lastname@example.org. If In the unfortunate event that you have a complaint about the Animax Service, or in respect of these Terms, you may in the first instance contact us at email@example.com or by post to Animax UK, Sony Pictures Europe House, 25 Golden Square, London, W1F 9LU, Attention: Animax UK. If we are unable to satisfy your complaint directly, or if any dispute arises in connection with your complaint, you agree that we may attempt to settle the issue by mediation. If you are not satisfied with our handling of your complaint, and/or if mediation does not resolve the issue, you should seek independent legal advice as to the clause 24 (Arbitration) below.
You agree that any and all disputes or controversies of any nature between Animax and you about or involving the Animax Service must be submitted to Judicial Arbitration and Mediation Services ("JAMS") for binding arbitration under its Streamlined Arbitration Rules and Procedures ("Rules"). Such arbitration will be held in London, United Kingdom, before a single arbitrator who shall be a retired judge. The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, then by striking from a list of arbitrators supplied by JAMS. The arbitration shall be a confidential proceeding, closed to the general public. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator's award is based. The arbitrator shall have the power to enter temporary restraining orders and preliminary and permanent injunctions. Neither party shall be entitled or permitted to commence or maintain any action in a court of law with respect to any matter in dispute until such matter shall have been submitted to arbitration as herein provided and then only for the enforcement of the arbitrator's award; provided, however, the foregoing shall not prevent Animax from seeking injunctive relief in a court of competent jurisdiction. Notwithstanding anything to the contrary herein, you hereby irrevocably waive any right or remedy to seek and/or obtain injunctive or other equitable relief or any order with respect to, and/or to enjoin or restrain or otherwise impair in any manner, the production, distribution, exhibition or other exploitation of any motion picture, production or project related to Animax, its subsidiaries and affiliates, or the use, publication or dissemination of any advertising in connection with such motion picture, production or project.
To the extent you enter or are otherwise eligible for any contest, sweepstakes or other promotion, you may be subject to separate or additional terms and conditions that govern such contest, sweepstakes or other promotion, which will be made available on the Animax Service at such time. The failure of Animax to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If for any reason any part of these Terms is found to be unenforceable, that part shall be either deleted or enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of these Terms shall continue in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Animax Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect. The terms of Clauses 8, 11 and 16 to 25 of these Terms, as well as any other limitations on liability explicitly set forth herein, shall remain in full force and effect notwithstanding any termination of your use of the Animax Service. We can transfer our rights under these Terms to any company, firm or person. You may not transfer your rights or obligations under these Terms to any third party. These Terms are personal to you and no third party is entitled to benefit under these Terms, unless authorised by us in advance and in writing.
The effective date of these Terms is 13 June 2014