TERMS OF USE
This is the official Terms of Use Agreement (“Agreement”) for the WatchNow website, application or other interactive service that includes an authorized link to this Agreement and all other websites applications and other interactive services you also use that are offered by WatchNow Ltd (“WatchNow”) (collectively, all such websites, applications and other interactive services, the “Service,” “we,” “us” or “our”). The Service is owned, operated or provided on behalf of WatchNow, which offers audio video content (movies, TV shows, documentaries, live TV…)
CHANGES OF THE TERMS OF USE OF WATCHNOW
We reserve the right to revise the terms of this Agreement at any time for any reason in our sole discretion by posting the updated Terms of Service on the WatchNow Services. Any modification of these conditions of use will become effective immediately once it is published on the WatchNow services. if you use the Services after they become effective, it means that you agree the amendment.
You should regularly check back the terms and conditions of this Agreement, the Additional Terms and the Privacy Policy, so that you are aware of the most current rights and obligations that apply to you and the terms and conditions of your Agreement with us.
ACCESS AND USE OF WATCHNOW SERVICES
Access Conditions
The WatchNow services are not intended to be viewed or used by children under the age of 13. If you are at least 13 and under 18, registration on WatchNow can only be permitted if you have the consent of your parent or guardian, in which case your parent or guardian will be required to consent to these Terms of Service on your behalf. Note that some services may contain specific content for which you must be of the minimum age to access and view it.
WatchNow may also impose limits on certain features and services offered on the WatchNow services or restrict your access to all or part of the WatchNow services without notice or liability.
Registration
To access and benefit from the features of WatchNow services, you need to create an account and select a password and a username. It is important that you provide us with accurate, complete and up-to-date information. You cannot transfer your account to someone else without our prior written permission. You agree to keep your password and account information secure and not to disclose your account password to anyone. You will keep all of your registration information accurate and up to date, and if your account credentials are compromised or your account is used by someone else without your consent, contact us immediately on the address contact@watchnow.tv
Content
The service contains a variety of items relating to WatchNow and our licensors, including images of all kinds, logos, music, sound, URLs, layout, videos etc.; trademarks, logos, trade dress, and trade identities and other forms of intellectual property (collectively “content”).
You may only access and view the Content personally and for a non-commercial purpose in compliance with these Terms of Use. You may not either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content, WatchNow Services or any digital rights management mechanism, device, or other content protection or access control measure associated with the WatchNow Services or the Content, including geo-filtering mechanisms. You may not use technologies to access or use the WatchNow Services or Content from territories where WatchNow does not have rights or does not offer services. You may not either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, make available, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the WatchNow Services or Content unless expressly permitted by WatchNow in writing. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or inline links unless expressly permitted by WatchNow in writing. Furthermore, you may not create, recreate, distribute, or advertise an index of any significant portion of the Content unless authorized by WatchNow. You may not seek to develop, build, or otherwise promote a business, product, or service using the WatchNow Services or the Content, whether or not for profit.
OWNERSHIP OF INTELLECTUAL PROPERTY
The contents of the Services, including all Services software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, databases, proprietary information and all copyrightable or otherwise legally protectable elements of the Services, including, without limitation, the selection, sequence and ‘look and feel’ and arrangement of items, and all trademarks, service marks and trade names (individually and/or collectively, “Material”), are the property of WatchNow, and any of its successors and assigns, and any of its respective licensors (for example, certain software on the Services may contain software owned by third parties and Postings may be owned by you or third parties), Advertisers (as defined below), suppliers, and operational service providers and are legally protected under applicable United Kingdom and foreign laws, rules and regulations and international treaties. Unless the context clearly requires otherwise or we explicitly say so in writing, the term “Services” includes “Material” as well. The Services are to be used solely for your noncommercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes. You must not alter, delete or conceal any copyright or other notices contained on the Services, including notices on any Material you are permitted to download, transmit, display, print or reproduce from the Services. You shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third-party website), or otherwise use, any Material without the express prior written consent of WatchNow. Any unauthorized or prohibited use of any Material may subject you to civil liability, criminal prosecution, or both, under applicable federal, state and local laws. We require users to respect our copyrights, trademarks, and other intellectual property rights. We likewise respect the intellectual property of others. On notice, we will act expeditiously to remove content on the Services that infringes the copyright rights of others and will disable the access to the Services and its services of anyone who uses them to repeatedly to infringe the intellectual property rights of others.
We take protection of copyrights, both our own and others, very seriously. We therefore employ multiple measures to prevent copyright infringement over the Services and to promptly end any infringement that might occur.
PRIVACY
Please read our Privacy Policy which explains our practices regarding the collection and the use of your information. Our use of your information is governed at all times by our Privacy Policy, which is incorporated into these Terms. You understand that through your use of the Services, you consent to the collection and use of this information.
SERVICE OFFERS
AVOD Conditions and access
The Service provides access, at the User's request, to viewing an AVOD Program offered by WatchNow free of charge with a screening of one or more advertising spots.
SVOD Conditions and access
The Service provides access, at the User's request, to viewing an SVOD Program offered by WatchNow with a subscription fees.
Subscription
Subscription to the Service starts with a free trial period of seven (07) days.
The User's subscription will be renewed automatically until he chooses to terminate his subscription. To access the SVOD Offer, the User must have an up-to-date, valid and accepted payment method. Unless the User terminates his subscription before the billing date, he authorizes the Service to debit the fee of the chosen subscription (except for countries where direct debit is not authorized).
Billing
You agree to pay us on the day of your subscription via a credit card or any other payment method acceptable to us the full subscription payments for the WatchNow Service, and any other charges you may incur such as taxes and/or, transaction fees. You agree that your subscription payments may vary from time to time depending on the payment option you have chosen. We will notify you by email about any change to the amount of Your WatchNow subscription.
If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to WatchNow services until we have successfully charged a valid payment method If you have failed to pay any due payments, we can at our sole discretion immediately suspend and/or disconnect the Service and terminate this Contract. Additional fees may apply.
WatchNow will not refund you if you will cancel your subscription.
Cancellation
You can cancel your subscription at any time by logging into your Account and following the instructions on your settings page on the WatchNow Site. You must cancel your subscription before the end of the current billing period, and the cancellation will take effect at the end of the current billing period. If you cancel, your subscription will not renew for an additional billing period.
Payments are nonrefundable. If you cancel, modify your subscription, or if your account is otherwise terminated under these Terms, you will not receive a credit, including for partially used periods of Service.
ADVERTISING
From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties (collectively, the “Advertisers”), such as our advertisers, sponsors, or promotional partners, as a result of your use of the Services. All such communication, interaction and participation is strictly and solely between you and such Advertisers and, to the fullest extent permissible by law, we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).
RULES OF CONDUCTS
Your use of the Services is subject to all applicable laws, rules and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your user name or password. You are also prohibited from using the Services (or attempting to use the Services, or allowing, enabling or condoning others to use the Services) in a manner that:
TEXT MESSAGING MARKETING AND PROMOTIONS
The Services through WatchNow may provide you with the opportunity to register for special Promotions, services, news, programming and information (collectively, “Text Service(s)”) delivered via text messaging on wireless Devices such as mobile phones and, if we do so, we will obtain appropriate consent for any Text Services in accordance with the nature of the Text Service and applicable laws, rules and regulations. The Information requested or transmitted as part of the registration process includes your wireless telephone number and may include other information, such +as your preferences regarding goods or services, choices of music or artists, or other similar survey information and/or an email address. Depending on the Text Service and the Information collected, you may also be required to confirm your agreement to this Agreement (including, but not limited to, the Privacy Policy and Additional Terms).
If you register for Text Services, you acknowledge, understand and agree that you may be charged by your wireless carrier for the ability to send or receive all such messages. The standard messaging rates of your wireless carrier shall apply to all Text Services, unless noted otherwise. Under no circumstances shall the Services or any programming services available on the Services be responsible for any wireless service charges incurred by you or by a person that has access to your wireless device, telephone number, or email address. If you change or deactivate your wireless telephone number, you agree to notify us when your wireless telephone number is no longer associated with you and identify such wireless phone number to ensure that future messages directed to you are not sent to the person to whom your old number has been or will be assigned.
You understand, acknowledge and agree that the Services may, at its sole discretion and without liability to you or any user, terminate its offer of any specific Text Service or all Text Services at any time without advance notice. The Services may provide notice of terminations or changes in services on the Services
PROCESSING OF PERSONAL DATA
All personal data communicated is considered confidential and is only kept and processed in the context of the relationship between the User and WatchNow.
the data collected and stored by WatchNow are used solely for the purposes of managing and providing the Service to the User and may also be used to inform them of news and other offers provided by WatchNow, as well as any partner company that the Users have expressly consented thereto.
In accordance with the regulations on the protection of personal data, the User has at any time the right to access, rectify and delete his personal data.
POSTINGS
Your comments, suggestions and information are important to us. Portions of the Services may provide you and other users an opportunity to participate in forum services, blogs, web communities and other message and communication facilities (“Communities”) and may provide you with the opportunity, through such Communities or otherwise, to submit, post, display, transmit and/or exchange information, ideas, opinions, messages, content, media, materials or other information (collectively, “Posts” or “Postings”). If the Services provides a User Content Submission Agreement, such terms govern any User Content (as defined therein) which are also Postings under this Agreement and such User Content Submission Agreement are Additional Terms under this Agreement.
Responsibility for Postings; Our Right to Review, Monitor, Edit and/or Screen and Take Other Actions.
You understand, acknowledge and agree that Postings are the sole responsibility of the person from which such Postings originated. This means that you are solely and entirely responsible for the consequences of all Postings that you (including, but not limited to, Postings made under your name, user name and/or email address) upload, post, email, transmit or otherwise make available via the Services. Except for the licenses, authorizations, consents and rights granted hereunder (including, but not limited to, as described in any User Content Submission Agreement that may be posted on the Services), as comprehensive and broad as they may seem or actually be, we acquire no title or ownership rights in or to any User Content you submit and nothing in this Agreement conveys to us any ownership rights in your User Content.
Postings do not reflect the views of the Services (or any programming services thereon), and the Services (and any programming services thereon) do not represent or guarantee the truthfulness, accuracy or reliability of any Posting or endorse or support any opinions expressed in any Postings. Neither the Services nor any affiliated programming services on the Services control any Postings submitted, although we may (in our sole discretion) use automated and/or manual means of reviewing Postings in order to prevent unauthorized content from appearing and being displayed on the Services. The Services reserve the right to review, monitor, edit and/or screen any Postings and to delete, remove, move, re-format, edit or reject, without notice to you, any Postings that we deem, in our sole discretion, to be in violation of this Agreement or to be unacceptable to the Services or any of our affiliated programming services thereon, or for any reason or for no reason whatsoever; provided, however, that neither the Services nor any programming service on the Services shall have any obligation or liability for failure to do so or for doing so in any particular manner. If we change your Postings, you will not be responsible for any such changes we make.
If we determine, in our sole discretion and judgment, that any Posting does or may violate any of the terms of this Agreement, in addition to our rights as described in this Agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to: (i) refuse to allow you to Post; (ii) remove and delete Postings; (iii) revoke your right to use the Services; and/or (iv) use any technological, legal, operational or other means available to us to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on the Services.
The amount of storage space on the Services per user is limited. Some Postings may not be processed due to space constraints or outbound message limitations. You understand, acknowledge and agree that we assume no responsibility for deletion of Postings or any failure to store, receive or deliver Postings in a timely manner or any other matter relating to Postings. Postings are subject to all of the terms of this Agreement, including, but not limited to, the Rules of Conduct.
Grant of Rights; Representations, Warranties and Covenants.
If a Posting originates from you or your account, you hereby agree that (and each time you submit (or attempt to submit) a Posting, you reaffirm such agreement that): (i) you specifically authorize the Services to use such Posting in whole or in part, throughout the universe, in perpetuity in or on any and all media, now known or hereafter devised, and alone or together with or as part of other information, content and/or material of any kind or nature; (ii) you represent, warrant and covenant that (A) the Posting is original to you and/or fully cleared for use as contemplated herein, (B) the Posting does and will not, in any way, violate or breach any of the terms of this Agreement, (C) the Posting does not contain libelous, tortious, obscene or otherwise unlawful material or information, (D) the Posting, and the Services’ exercise of the rights you grant to us to the Postings, will not infringe upon, misappropriate or otherwise violate any copyright or other intellectual property, privacy, publicity or other rights of any party, or otherwise violate any other applicable law, rule or regulation, (E) the Posting shall not be injurious to the health of any user, (F) neither the Services nor the WatchNow Entities shall be required to pay or incur any sums to any person or entity as a result of our permitted use or exploitation of the Posting, and (G) all of the information provided by you associated with your Posting is complete and accurate; and (iii) if your Posting incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you additionally represent, warrant and covenant to the Services and the WatchNow Entities that (A) you have the right to grant the Services the right to use all such Postings as described above, (B) the Posting was produced in compliance with all applicable laws and regulations and (C) for any Posting that contains original videos, you will comply with any applicable identification verification and record-keeping requirements, and our policies regarding governmental certification procedures relating thereto, and you will secure and maintain the requisite personal information and identification documentation for all individuals who appear in any such original videos, as may be required by law and/or otherwise requested or required by us in connection with our corporate compliance policies and practices, which includes (y) the individual’s full legal name, current address, date of birth and (z) a legible photocopy of a valid government-issued identification document (e.g., passport, state driver’s license or valid photo ID card) to verify the individual’s identity. With the submission of each such Posting, the Services reserve the right to request that you, and upon such request you must, deliver a full and complete set of such identification verification records to us, as well as a legible photocopy of your valid driver’s license, passport or other acceptable government-issued photo identification for our verification and record-keeping purposes.
Upon the request of the Services, you will promptly furnish any documentation, substantiation and releases necessary and reasonably required to verify and substantiate your compliance with any or all of the terms and conditions of this Agreement, including, without limitation, the foregoing representations, warranties and covenants and, if applicable, you will promptly comply with any specific requests or directions we give you in connection with Postings you submit that may be subject to these requirements.
Notwithstanding anything to the contrary, you also understand and agree that the Services and the WatchNow Entities shall not be obligated or responsible for providing any guild or residual payments in connection with the submission and exploitation of any Posting.
Claims Regarding Content.
If you believe that any content on the Services (including, without limitation, Postings) violates any of the terms of this Agreement (except for any notices covered by the Copyright Compliance Policy), please email us at contact@watchnow.tv. We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.
CONTESTS, LUCKY DRAW, SWEEPSTAKES, RAFFLES, AND OTHER PROMOTIONS
WatchNow and/or its partners may organize sweepstakes raffles, contests, games and similar promotions on the Service. In addition to these Terms of Use, Promotions will be subject to special conditions which will be communicated at the time of such Promotions. By participating in any Promotion, you will be subject to these Promotional Terms. We invite you to read the promotional conditions. Our privacy policy, in addition to these terms and any promotional terms, governs any information you submit in connection with these promotions.
TERMINATION
We may terminate your access to and registration on the Services, at any time and for any reason, with or without cause, without prior notice to you if you breach any terms of this Agreement.
DISCLAIMERS OF WARRANTIES
THE WATCHNOW SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE”. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WATCHNOW SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WATCHNOW MAKES NO WARRANTY THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WATCHNOW DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE.
YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SECURITY AND VALIDITY OF ANY AND ALL FEATURES AND FUNCTIONS OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, WATCHNOW IS NOT RESPONSIBLE OR LIABLE FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THE WEBSITE.
LIMITATIONS OF LIABILITY
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WATCHNOW OR ITS AFFILIATES, PARENTS, SUBSIDIARIES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS OR LICENSORS E LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICE. UNDER NO CIRCUMSTANCES WILL WATCHNOW BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR REGISTRATION/SUBSCRIPTION ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WATCHNOW ASSUMES 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 OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
CLASS ACTION WAIVER
WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AGREE THAT YOU MAY ONLY BRING CLAIMS AGAINST WATCHNOW IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, WHERE PERMITTED UNDER THE APPLICABLE LAW, THE COURT MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS WITH YOUR CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
GENERAL
Miscellaneous. The terms and conditions of this Agreement set forth the nature and extent of your relationship with WatchNow as it pertains to your Registration, Subscription, the Service, and/or the Content. This Agreement is binding upon and shall inure to the benefit of, WatchNow and you, and WatchNow ’s successors and assigns, if any.
Assignment. This Agreement, your obligations, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by WatchNow without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Entire Agreement/severability. These terms of Use, together with any amendments and any additional agreements you may enter into with WatchNow in connection with the Service, shall constitute the entire agreement between you and WatchNow concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
Force Majeure. WatchNow will not have any liability to you for any delay or non-performance of its obligations under this Agreement, to the extent that such delay or non-performance is attributable to an Event of Force Majeure (as hereinafter defined). For the purposes of this Agreement, "Event of Force Majeure" will mean an act of God, war, riot, pandemic, rebellion or civil unrest, labor dispute, or failure of facilities, networks, equipment or software, or any similar event, to the extent that such event is beyond the reasonable control of WatchNow.
No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and WatchNow’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Law. This Agreement will be governed by the laws of the United Kingdom
Contact. If you have questions about these terms of use, please submit them at contact@watchnow.tv.
WatchNow Ltd
27 Russell Road London United Kingdom N20 0TN
27 Russell Road London
United Kingdom N20 0TN
