These terms and conditions apply to your use of the BBC iPlayer service ("Terms"). BBC iPlayer is provided to you by the British Broadcasting Corporation, a public corporation incorporated by Royal Charter under the laws of the United Kingdom (principal office: Broadcasting House, Portland Place, London, W1A 1AA) ("BBC"). BBC iPlayer is: the BBC television and radio programming and related content ("BBC Content") and services offered at the website www.bbc.co.uk/iplayer including the BBC iPlayer Download Manager software that enables you to download BBC Content (together "BBC iPlayer").
Please read carefully the terms and conditions for use of BBC iPlayer.
1. By using BBC iPlayer you agree to be legally bound by these Terms, which shall take effect immediately on your first use of BBC iPlayer. If you do not agree to be legally bound by all the following terms please do not access and/or use BBC iPlayer.
Use of BBC iPlayer
2. All BBC Content is selected, supplied and updated at the BBC's sole discretion.
3. Downloadable BBC Content is available for download within the UK only.
4. Downloadable BBC Content will only be available for download after its BBC transmission.
5. In order to meet the BBC's obligations to rights holders, the BBC will embed downloadable BBC with digital rights management security. The expiry date for the BBC Content that you download will vary according to the agreements BBC has with rights holders of that content. BBC Content will be automatically deleted from your computer once its expiry date has been reached.
6. If you delete or lose BBC Content that you have downloaded you may not be able to download that content again.
7. In future versions of BBC iPlayer you may also automatically receive a small number of TV and radio promotional trailers per week as part of BBC iPlayer.
8. If you permit a child to use your computer you are solely responsible for determining whether the BBC Content is appropriate for that child to view. BBC Parental Guidance provides a way to help you control the types of BBC Content that your computer can access. If you turn on BBC Parental Guidance your computer will not be able to access Guidance labelled programmes unless you type in a password. You can adjust the settings using the BBC Parental Guidance link at the top right of any BBC iPlayer page. You can also set Parental Guidance preferences in the Download Manager so that you'll be asked to enter a PIN when you want to play back Guidance labelled programmes in the Download Manager. Please be aware that if you do not set up BBC Parental Guidance any child using your computer will be able to view all programmes including Guidance labelled programmes.
9. The BBC is interested in your feedback on BBC iPlayer and may contact you by email to invite you to participate in focus groups or send you a survey or request an interview for your feedback for publication or broadcast. You will always have the option to choose not to take part in any such activities.
10. BBC Content may contain content you consider indecent, objectionable or offensive. If you are concerned please look at the guidance labelling prior to accessing and using BBC Content or use the BBC Parental Guidance feature.
11. The BBC reserves the right to modify, suspend or discontinue BBC iPlayer and or all or part of the BBC Content without notice.
12. You agree:
· not to download or attempt to download the BBC Content if you are outside the UK;
· that you are responsible for paying all expenses that you may incur in connection with your access to and use of BBC iPlayer including your internet service provider charges and any excess charges to that provider if you have a cap on downloads and/or uploads and all costs of the equipment and software you need to connect to and use BBC iPlayer. BBC is not responsible if your equipment or software is not compatible with BBC iPlayer;
· that it is your responsibility to keep your password confidential and you are responsible for all activity that occurs under your user name and password;
· that you will not disrupt or attempt to disrupt BBC iPlayer or BBC Content. This includes you agreeing not to use BBC iPlayer to distribute a software virus, or use BBC iPlayer to engage in harmful, harassing or otherwise objectionable activity;
· that you will not infringe or attempt to infringe the privacy of other BBC iPlayer users. This includes you storing or attempting to store personal data or usage details of other BBC iPlayer users;
· not to infringe any applicable law including copyright law when accessing and using BBC iPlayer;
· not to subject the BBC iPlayer and/or the BBC Content to any derogatory treatment or use them in such a way that would bring the BBC into disrepute, or cause the BBC to incur liability to any third party;
· not to attempt to, or assist any other person to, copy, reproduce, lend, hire, broadcast, distribute or transmit in any other way the BBC Content in whole or in part other than by using the “Link to this Feature”or as permitted in these Terms or to circumvent or remove the digital rights security measures embedded in the BBC Content;
· not to attempt to, or assist any other person to reverse engineer, de-compile, disassemble, alter, duplicate, modify, rent, lease, loan, sub-licence, make copies, create derivative works from, distribute or provide others with the BBC iPlayer Download Manager in whole or part, except as expressly permitted in these Terms and to the extent permitted by law.
Privacy
13. You agree:
· that the BBC and its service providers may use the personal data and usage data collected from you raccess to and use of BBC iPlayer together with other information (such as region and year of birth and any information you provided to the BBC if you registered to receive BBC iPlayer updates) for the purposes of processing, administering, sending you BBC iPlayer updates if requested by you, capacity management, evaluating (including collecting statistics on combined users' usage and which may be carried out by service providers on the BBC's behalf) and improving your experience of BBC iPlayer, or for getting and responding to feedback (including as described at paragraph 9 above) or help requests from you on BBC iPlayer and the BBC may contact you to assist with these purposes. Only where you have opted to do so will the BBC use the personal details you provide to send you marketing information about BBC iPlayer by email. The BBC will not use your personal data for any other purposes, except as set out in these Terms and/or in our privacy and cookies policy (www.bbc.co.uk/privacy); and
· that if you infringe these Terms, the BBC may get and use the information that it holds concerning your use and access to the BBC iPlayer and any information that is available to it about you to stop your infringement. You agree that this information may be disclosed to relevant third parties if it is necessary (and BBC deems it is proportionate to the infringement) to disclose that information for the purpose of the BBC tracing infringement of these Terms by you. This may include informing relevant third parties (such as your email provider, or the administrator of a message board) about an infringement of the Terms and getting information from these parties that will enable the BBC to identify you and remove your access to BBC iPlayer.
· The BBC's Privacy & Cookies Policy http://www.bbc.co.uk/iplayer/help/legal/privacycookiespolicy.shtml , as amended and supplemented by these Terms, applies to BBC iPlayer.
Software that the BBC provides to you
14. So that you can download BBC Content the BBC has provided you with the Download Manager.
15. When you install the Download Manager you will also install peer-to-peer file sharing software from Verisign Inc. This software has a file share feature that enables other BBC iPlayer users to download BBC Content through your personal computer (using part of your upload bandwidth), via a secure link, to their personal computers. Other BBC iPlayer users and the BBC will not have the ability to access any files on your computer other than those relating to BBC iPlayer Content. The peer-to-peer functionality is automatically turned on as a default setting. You can change your settings so that the peer-to-peer functionality does not share files automatically when your computer boots up or when you close the BBC iPlayer Download Manager. Please go to the BBC iPlayer FAQ section http://iplayersupport.external.bbc.co.uk/cgi-bin/bbciplayer.cfg/php/enduser/home.php?p_sid=R3_m_BTi for further information about how peer-to-peer sharing works and how to change your peer-to-peer file sharing options.
16. Provided you comply with the Terms, the BBC grants you a limited, non-exclusive, personal, non-sub-licensable, non-assignable licence to install and use the Download Manager on a personal computer for personal, non-commercial purposes. You may make copies of the BBC iPlayer in machine-readable form for backup purposes only. The backup copy must include all copyright information contained on the original.
17. When the BBC offers you updates to the Download Manager you are solely responsible for installing that update. You acknowledge that you may not be able to access and use BBC iPlayer until you install an update. Please note, you may no longer be able to use the BBC Content you downloaded prior to installation of an update and you acknowledge BBC shall have no liability to you if that occurs.
Intellectual Property
18. BBC owns all intellectual property in the Download Manager and you agree not to copy, disclose, provide or otherwise make available for unauthorised use the Download Manager, the BBC Content, BBC's name, BBC's logo and all other trade marks appearing on BBC iPlayer.
Liability
19. BBC iPlayer and BBC Content is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied or statutory (to the extent permitted by law), including but not limited to warranties of fitness for a particular purpose, satisfactory quality, the BBC's rights to use any of the BBC Content in the BBC iPlayer or in respect of the availability or performance of BBC iPlayer. Any data you download through the Download Manager is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download or use of any such data.
20. The BBC does not represent or warrant that the BBC iPlayer or the BBC Content or the server(s) that make them available will be uninterrupted, timely, secure and free from bugs, viruses and errors.
21. Under no circumstances will the BBC or its service providers be liable to you or any third party for any of the following losses or damage, whether such losses or damage were foreseen, foreseeable, known or otherwise: (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of reputation or goodwill; or (f) any indirect, incidental, consequential, special or exemplary damages arising from your access and use of BBC iPlayer. You agree that this exclusion of liability is a fair allocation of risk. Nothing in these Terms shall exclude or limit either party's liability for the tort of deceit, death or personal injury caused by negligence.
22. You are solely responsible for adequate protection and backup of your data and equipment used with BBC iPlayer, and BBC will not be liable for any damages that you may incur by installing and using the Download Manager (including Verisign's peer-to-peer file sharing software).
23. You are solely responsible for your internet service provider charges.
24. You agree to fully indemnify the BBC from all actions, claims, threats, proceedings, costs (including legal costs and expenses properly incurred), damages, charges, losses, expenses, demands or liabilities brought against, suffered or incurred by the BBC as a result of: (1) any breach or non-observance or suspected breach by you of any of your obligations or undertakings contained in these Terms; (2) your negligence or wilful default; or (3) any claims from third parties made as a result of your acts or omissions whatsoever arising from the use of the BBC Content and/or the BBC iPlayer under these Terms (including without limitation any claims arising from or incurred because of any infringement or alleged infringement of intellectual property rights).
Termination
25. The BBC reserves the right to remove your access to BBC iPlayer and terminate your membership with immediate effect and without notice including terminating your licence to use the Download Manager if:
· in its sole opinion the BBC Content and/or BBC iPlayer is used inappropriately, incompetently or in any manner that might constitute derogatory treatment of the BBC or the BBC Content or might bring the BBC into disrepute or in a manner that might be construed to be prejudicial to the image of the BBC; or
· you commit an irremediable breach of the Terms or fail to remedy a remediable breach within a reasonable period having been requested to do so by the BBC; or
· you commit an irremediable breach of the Terms or fail to remedy a remediable breach within a reasonable period having been requested to do so by the BBC; or
· there is, in the BBC's reasonable opinion, any financial, editorial or other substantial reason why the BBC iPlayer needs to be withdrawn early.
Upon termination of your licence to use the Download Manager the BBC shall cease to make the BBC Content available to you. You shall be required to promptly delete the Download Manager and all BBC Content from your personal computer.
General
26. The BBC may change these terms at any time by posting changes online. Please review these terms regularly to ensure you are aware of any changes made by the BBC. Your continued use of BBC iPlayer after changes are posted means you agree to be legally bound by these terms as updated and/or amended.
27. The BBC's Terms of Use http://www.bbc.co.uk/iplayer/help/legal/bbctermsofuse.shtml form part of these Terms as BBC iPlayer forms part of bbc.co.uk, and together are the entire understanding between you and the BBC in relation to BBC iPlayer, and supersedes all prior agreements, negotiations and arrangements made by you and the BBC whether oral or written. To the extent of any inconsistency, these terms shall prevail over the BBC Terms of use http://www.bbc.co.uk/iplayer/help/legal/bbctermsofuse.shtml.
28. The failure or delay of the BBC to exercise or enforce any right in the Terms does not waive BBC's right to enforce that right.
29. Apart from the exclusion of liability to BBC's service providers as set out at Clause 20 above, these Terms do not create or infer any rights under the Contracts (Rights of Third Parties) Act 1999 that are enforceable by any person who is not party to the Terms.
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