Streaming Licensing
We at Classroom Video Ltd want you to have a positive experience utilising the Classroom Video Streaming services described below. You have to agree to these Terms and Conditions before we can accept your order and give you access to the exciting Classroom Video content. So please read them carefully and signify your agreement to them by checking the “I have read” box on the Classroom Video checkout screen. If you do not accept these Terms and Conditions then please exit the Classroom Video checkout screens and purchase a DVD copy of the film instead.
Thank you.
If you have any questions please contact Classroom Video Ltd on 0117 929 1924 or orders@ClassroomVideo.co.uk
1. These Terms
These Terms and Conditions (referred to as “Terms”) and the Classroom Video (referred to as CLV) privacy policy apply to all use of the CLV web site and provision of CLV services described in these Terms and to the acquiring and access to content from CLV.
Please note that we may change these Terms at any time without notifying you that we have done so. The up to date Terms at any time will be available on our web site www.ClassroomVideo.co.uk. When placed on to the web site any new Terms will be considered automatically to have replaced any previous Terms and to be the only Terms applicable to the CLV web site, CLV services and acquiring and accessing content until we replace them.
Each time you access the CLV website, acquire or access content you will be acknowledging your agreement to the latest Terms and agreeing to comply with and be bound by their requirements and your obligations set out in them. These Terms and each agreement to acquire content are in the English language only.
2. Definitions used in these Terms
In these Terms “We”, “Our”, “Us” and “CLV” means Classroom Video Ltd, Thomas Court, Thomas Lane, Bristol, BS1 6JG registered in England and Wales under number 2092638, registered office Classroom Video, St St Thomas Court, Thomas Lane, Bristol, BS1 6JG.
In these Terms “You” and “Your” means the organisation that you the registered user represents when agreeing to a Streaming licence of CLV content.
In these Terms “Content” means any film purchased for streaming through our Streaming player:
- Video Streaming of programmes or film
- Audio Streaming of programmes or film
- Downloadable Free to view programmes or film
- Any other Downloadable materials or matter or access to services facilitated by CLV
In these Terms “Access”, “Accessed” and “Use” means to download, stream, store (temporarily or permanently), view or hear Content.
In these Terms “Acquire”, “Acquired” and “Acquiring” means that you seek to have access to Content by agreeing to purchase via our Streaming service particular Content, and that the user name and password you registered for your account is used as verification of your agreement to purchase the Content.
In these Terms “Web Site” means the CLV web site at http://www.ClassroomVideo.co.uk.
“License terms” means the terms in addition to these Terms applicable to specific Content, for example permitted viewing period or Content providers license terms. “License Period” for any content shall mean the period you are permitted to view the acquired content by license terms.
3. The CLV Service Described
Our Services are provided via a broadband connection.
The cost of Content will always be displayed on the interface before you commit to acquire Content. Any specific License terms applicable to specific Content in addition to these Terms (for example, License Period) will always be displayed on the interface when you acquire specific Content.
Each time you request Content via the CLV interface and enter your email address and your password you are making an offer to us which we can accept or decline at our discretion at the point when your payment is authorised or after this event if you break our terms and conditions. If we accept by giving you access to the Content then a contract has been formed including these Terms for that Content.
We do not guarantee that the Services will be uninterrupted or available at all times but We do endeavour to use resilient systems so that You can acquire and access Content at most times. CLV may terminate the Services or any part of the Services at any time without notice and its sole liability to You will be to allow You Access to Content Acquired prior to termination or to refund any payments made for such Content which has not been downloaded or streamed by You at the date of termination and to which it cannot provide the relevant download or stream unless You failed to download or stream that Content within the relevant License Period for reasons not attributable to CLV or where you have been found to be breaking these Terms and Conditions.
You may Access Content where you have opted for an invoice to be sent to your organisation; however payment must be made within 30 days of the invoice date to ensure the Content you have requested is not suspended. Content will only be available to view once suspension has taken place, upon receipt of payment in full.
PRICING AND LICENSE TERMS FOR CONTENT
The prices and any License terms (in addition to these Terms) applicable to each specific item of Content will be set out for you on the website.
All prices are exclusive of VAT. If VAT increases the additional VAT will be chargeable from the effective date of the increase to VAT.
Please note that as well as the Terms, the prices and License terms may be changed by CLV at any time without notice. Where an error is inadvertently made in any prices or License terms it will be corrected by CLV when brought to Our attention but CLV will not be liable to allow You to Acquire Content or give Access to Content at the incorrect Price or on the incorrect License terms.
4. Your Obligations
4.1 QUALIFICATIONS TO REGISTER FOR THE SERVICES
You may not Register with CLV to open an account (Account), receive the Services, Acquire Content or Access Content unless you are at least 18 years of age.
Your Registration and Account may be suspended or terminated without notice if We suspect you are not 18.
You must be able to supply Us with a permanent United Kingdom or EIRE address. The Content may only be Acquired and Accessed in the United Kingdom or EIRE. You agree not to attempt to Acquire or Access Content or the Services from outside the United Kingdom or EIRE.
A PC with internet access and Microsoft Internet Explorer Version 6 or above or Mozilla Firefox Version 2.0 or above is required to Access the Web Site.
You must keep the details provided in Your Registration up to date.
4.2 EQUIPMENT AND BROADBAND
You must provide and install the necessary computer equipment, Microsoft Silverlight software, a broadband connection, a power supply and connecting cables. The Broadband connection must be of sufficient bandwidth capacity to enable you to enjoy the Service. We recommend a minimum 2Mbps although a limited Service will be available at lower provision. The speed of streaming and downloading is directly linked to the broadband capacity available to You. Once a download of Content has been completed viewing of that Content is not affected by the available bandwidth capacity.
4.3 USERNAME/PASSWORD/SECURITY
As well as accepting these Terms, You will be required to enter information on the Web Site to Register and open Your Account including (but not limited to) Your Name, Address, and a unique Password.
4.4 MALICIOUS CODE AND ACTIONS
You agree not to load, introduce or transmit any material containing or which is Malicious code (as defined at paragraph 10.1(a) below). You also agree not to do anything to adversely affect the Services such as but not limited to Service denial attacks.
You agree not to impersonate any third party or to take any action that is illegal, immoral or could harm a third party in relation to Services or Content.
5. Payment and Your Account
5.1 ACQUIRING CONTENT
Each time You want to Acquire Content You will use our website to request Content.
Where Content is available to Acquire or Access subject to a fee the fee will be clearly displayed on the interface. All fees are exclusive of Value Added Tax. We reserve the right to change fees and License terms for Content at any time but they will not be changed retrospectively. Should fees, Value Added Tax or License terms be increased or changed the new fees or License terms will be shown on the website before you agree to purchase the Content.
Each payment transaction will be confirmed by email to the email address you gave as part of Your Registration. All of your purchased Content can be viewed via Your PC on the Web Site in your streaming library.
5.2 CANCELLATION OF TRANSACTION - IMPORTANT
Once You have indicated that You wish to Acquire specific Content by requesting it and agreeing to the Terms and Conditions and clicking “OK”, an email will be automatically sent containing the Streaming player links and cannot be stopped.
You may cancel the order within 7 days of placing Your initial order for that Content. If You do so, You will be entitled to a refund of the charges within 30 days. To cancel a Streaming Licence order within 7 days of your original order You must e-mail Us at orders@ClassroomVideo.co.uk telling us the film which You wish to cancel and giving us full details including the date You ordered the film, identifying You (name, address, phone number, e-mail).
5.3 YOUR ACCOUNT
You can access details of CLV streamed Streaming films on Your “My Streaming Library” page of the Web Site via Your PC. Access to this page will be activated after You have placed Your first Streaming Licence order. You can change certain details of Your CLV account via a PC on the Web Site.
6. License of Content and Restrictions on use of Content (License terms)
The Content is the property of CLV and its Licensors and is protected by law, including copyright law. The Content when Acquired by You is licensed to Your organisation and may be Accessed by You and the licensed users as a consumer only, for educational purposes only.
It is important to note that Access to Content when Acquired may be restricted or limited in a number of ways:
CLV will indicate the License Period and other viewing restrictions which may be by number of viewings, time restricted from first start of viewing or other restrictions. The Service interface will indicate any License terms including restriction on viewing in addition to those contained in these Terms. These will vary depending on the Content but usually restrictions will be to a maximum specific number of campuses on which the Content can be accessed, or a maximum License Period of a specified number of hours or days from download, but also may be further limited to a maximum fixed period from first commencement of viewing, whichever period ends first.
ALL CONTENT
The following License restrictions apply to ALL Content:
The Content may not be Used for any commercial Use.
You may not rent, loan, hire, sell, broadcast, display or transfer the Content in whole or part to any third party by any means (including peer to peer transfer).
The Content may not be displayed, shown or viewed at a public event or performance or in a place open to the public or in a leisure centre, gym, club, public house, bar, cafe or restaurant of any kind or in exchange for payment.
You may permanently delete or erase Content from your network prior to the License expiration.
The Content is licensed for Use in an educational establishment within the agreed number of campuses. You may not transfer or copy Content by any means from the network to which it was originally downloaded. Content is for storage and use only on that network. After Content is downloaded, should that network crash or become damaged, broken, lost or stolen or the Content become inaccessible, corrupt, damaged or deleted for any reason not attributable to CLV, you may access your My Streaming Library and embed the code back into your network providing the licence has not expired.
You agree that you will not attempt to circumvent or remove the security features and technology of the Content and you will not facilitate or assist others to do so.
Once the License Period for the Content has expired you will not be able to download, stream, view, listen to or use the Content and must either purchase a further licence or delete the Content from network if it does not delete automatically.
When the License Period is a limited Period, Content must be streamed and You must have commenced viewing Content during the License period or You will cease to be able to stream it and view it when the License Period ends. CLV will not be responsible if you fail to stream and commence viewing the Content within the License Period.
You agree that You will comply with the license terms of the Content provider applicable to the Content you Acquire.
SUITABILITY OF CONTENT
You are solely responsible for ensuring that You do not permit unsuitable Content to be viewed by young persons or those who may be offended by it.
7. Defective Content
Where You have Acquired Content should the Content be defective or you are unable to Access it please contact Us on orders@ClassroomVideo.co.uk. We will not be able to assist you to recover damaged, lost, stolen or inaccessible Content or replace Content where the reason for the problem is not attributable to defective Services provided by CLV or Content that was defective when You originally Acquired the Content from CLV.
8. Intellectual Property Rights
“Intellectual Property Rights” as used in these Terms means Copyright, Trademarks, design rights of all types and other intellectual property of all kinds. The Intellectual Property Rights in the My Streaming Library and the Content are owned by CLV and its Licensors. Limited licenses to Access Content are granted to You strictly as set out in these Terms and the Content License Terms contained in these Terms. No other rights or licenses are granted to You and no Intellectual Property Rights are transferred to You. You may not commercialise the Content in any way and the restrictions mentioned in paragraph 6 above will be strictly interpreted.
9. Termination of Registration
You may cancel Your Registration by calling our Customer Services team on 0117 929 1924 After termination you may no longer use the Services or Acquire Content.
CLV may cancel Your Registration at any time by notifying you in writing (including by e-mail) to the address or e-mail address given in Your registration details that it intends to do so. If CLV suspects that You are in breach of these Terms or any License Terms applicable to Content it may terminate your Registration immediately and without notice.
10. Liability
10.1 EXCLUSIONS
(a) We do not guarantee that the Services and Content will not be affected by the effects of malicious code created by third parties. In no circumstances, other than as required by law where this restriction is not permitted, will We be liable to You for interruption of Services, damage to or loss of Content or your networks, personal computers or other equipment or software or data caused by malicious code. Malicious code means viruses, code that interrupts, restricts, limits or otherwise adversely affects the use of or damages or destroys any software, computer, network or other equipment.
(b) We will not be liable to You for any failure in or non-availability of the Services or Content except that where it is established that payment for the Content has been made and due to a fault or error in the Services or Content themselves, You have not had Access to the Content for the License Period. We will re-perform the Services or re-provide the Content in full satisfaction of Our liability to You. Note: this does not include faults in the Services or Content not caused by CLV or failures caused by You, caused by failures in the internet or Your Broadband service or network or other equipment.
(c) We will not be liable for any damage You suffer caused to You by third parties; caused by Your own negligence or deliberate acts or omissions; caused by Your breach of these Terms or License Terms; caused by Your breach of the law; caused by Your infringement of Intellectual Property Rights; or caused by any other matter beyond Our reasonable control.
(d) We will not be liable for delays in the Services, delay in authorising payments or obtaining that authorisation, delay in Your ability to Acquire or Access Content or any other delay where the delay is beyond our control.
(e) To the fullest extent permitted by law, We will not be liable to You for any loss of revenue, profits, for special damages, indirect loss or damage, purely economic loss, consequential damage or incidental damage You suffer nor for loss of or damage to data, software or information no matter how that loss or damage is caused.
10.2 LIMITATION
Where we do have a liability to You due to breach of these Terms or by reason of law, and that liability is not successfully excluded by these Terms, We limit our liability to You (unless the law prohibits Us from doing so) to a total liability for any cause or causes of action in the aggregate to the value of the payments made by You to Us for the Content to which the liability relates excluding VAT. This limitation applies (to the extent permitted by law) to all causes of action whether for breach of contract, negligence, gross negligence, breach of third party rights or intellectual property rights or otherwise.
10.3 EXCEPTIONS
Nothing in these Terms is intended to or does restrict or limits Our liability to You for (a) fraud, (b) death or personal injury caused by Our negligence, (c) liability under the Consumer Protection legislation related to liability for defective products (Product Liability), or (d) any liability where and to the extent that to restrict or limit our liability to You would be unlawful.
11. Indemnity
You agree to indemnify Us against damages and costs (including legal fees) arising from liability caused by Your breach of these Terms, any License Terms or the Intellectual Property Rights or other rights of third parties or Content owners.
12. Law and Jurisdiction
These Terms and any dispute arising under or connected to them or the Services or Content shall be exclusively governed and interpreted under Laws of England. The place of performance of this Agreement will be deemed to be London, England. The Courts of England shall have exclusive jurisdiction over any dispute arising in connection with this Agreement.
13. Severance of Terms
If any term included in these Terms is found by a court of competent jurisdiction to be unenforceable or void that term shall, where it is lawful to do so, be struck from these Terms and replaced by a term that most nearly achieves the objectives of the term struck from these Terms but which is valid and enforceable.
14. Transfer of Contracts, Rights and Obligations
CLV may transfer the Services to a third party and in doing so may Transfer any and all contracts and agreements, rights and obligations between You and CLV to that third party and You hereby consent to any such transfer. You may not transfer any contracts and agreements, rights and obligations between You and CLV to that third party.
15. Internet and Broadband Capacity
The Services are provided via the internet and Your internet and broadband connection. The quality of streaming is dependant on factors beyond Your and Our control such as internet and bandwidth availability. You must ensure that You have sufficient bandwidth to Access the Content and consider whether any cap on the Services provided by Your internet Service provider will be exceeded.
16. Collection of Information
Personal Information about You, Your Use of the Services and Content and Your CLV account is collected by Us. Details of Our confidentiality policy and the limited uses to which Information We collect may be put is contained within Our Privacy Policy at the end of these Terms and Conditions.
By Registering with CLV and agreeing to these Terms you also agree that we may collect such information and to accept Our Privacy Policy and that it will apply to the Information We hold about You, Your Use and Account.
17. No Waiver
No purported forbearance or waiver by Us to enforce Our rights under these Terms or License terms will be deemed to operate to waive Our rights in respect of a breach or breaches of these Terms or License terms unless the forbearance or waiver is in writing signed by an authorized representative of CLV. Any such written signed forbearance or waiver shall not operate as a forbearance or waiver for any further breach or breaches.
18. Third Party Rights
You agree that Licensors of Content shall be able to enforce the terms of the Content License terms directly against You. Otherwise, these Terms may only be enforced by You or Us and no third party shall be entitled to enforce these Terms or the Contracts incorporating these Terms and the License terms of Content utilising the provisions of the Contracts (Rights of Third Parties) Act 1999.
INFORMATION ABOUT OUR OPERATIONS AND CUSTOMER SERVICES
We operate from and Our Customer Services can be contacted between the hours of 9am and 5pm on Weekdays other than United Kingdom Public Holidays at:
Classroom Video Limited, St Thomas Court, Thomas Lane, Bristol, BS1 6JG
E-mail Address: orders@ClassroomVideo.co.uk
Telephone Number: 0117 929 1924
Our VAT Number is 528 3579 18
COMPLAINTS
If You have any complaints about Our Service please contact Customer Services.