Terms of Use
These terms and conditions (“BPTV Terms”) apply to your use of the Big Picture TV website at http://www.bigpicture.tv (“Website”) and the audio, audiovisual and transcript materials download service made available via the Website (“Service”) and to your access and use of the audio, audiovisual and transcript materials available on the Service (“Content”). The Service is provided by (Marcus Morrell trading as) Big Picture TV (“BPTV”).
1. Your Obligations
To use the Service you must first register as a subscriber member to the Service. Once your subscription has been accepted by BPTV, such acceptance to be acknowledged by a confirmation email from BPTV in the case of institutional members (and in the case of individual members upon ticking the acceptance box on our registration page stating that you have read and agree to be bound by our terms and conditions), you agree that these terms and conditions shall be legally binding between you and BPTV. BPTV reserves the right to refuse subscription to anyone for any reason at any time.
BPTV reserves the right to change the BPTV Terms at any time by notifying all subscribers by email of any such change. If you continue to use the Service after changes are posted you will be deemed to have consented to the BPTV Terms as amended.
If you do not accept these BPTV Terms in full, you do not have permission to access the Website or use the Service and you should stop using the Website and the Service immediately. BPTV may set out specific rules or terms of use for particular clips or materials on the Website, which may include but are not limited to, limitations on the term of use, the type of use and the age at which clips may be viewed. If there is any conflict between the BPTV Terms and those specific rules and/or terms of use the specific rules and/or terms of use will apply.
2. Service Payment and Use of Content
If you are a natural person who wishes to use the Service for your own personal use and not in the course of your business or profession, you may subscribe as an “Individual Member”.
If you are a company or a partnership or a natural person who wishes to use the Service in the course of your business or profession, you may subscribe as an “Institutional Member”.
The subscription fees for Individual Members and Institutional Members are set out on the Website. You agree to pay the fees upon signing up for the service and will be contacted at the annual renewal date regarding further annual membership. Once payment has been authorised BPTV will make the Content available for download by you.
Please note that your Internet Service Provider (“ISP”) may charge you for the bandwidth you use in using the Service and use of the Service may exceed any limits you have on bandwidth. You will be responsible for this and these costs – please contact your ISP for details.
2.1 Individual Members
After payment is made, Individual Members will be permitted to download mp3 audio and mp4 video files and may use such Content for personal and non-commercial use only.
PRIOR PERMISSION MUST BE OBTAINED IN WRITING FROM BPTV FOR ANY OTHER USAGE OF THE CONTENT (INCLUDING WITHOUT LIMITATION DISTRIBUTING OR MAKING SUCH CONTENT AVAILABLE TO ANY OTHER PERSON).
2.2 Institutional Members
After payment is made, Institutional Members will be permitted to download mp3 audio and mp4 video files, wmv windows media files and transcripts and perform, show or play the Content in public. Such use to include showing the Content at corporate meetings, presentations or seminars; and showing the Content in classroom based educational activities. Any such use must credit BPTV as the source of the material and include a notice declaring that copyright exists in the material, that any further distribution is not permitted, and any use of the material is subject to the terms of this agreement.
PRIOR PERMISSION MUST BE OBTAINED IN WRITING FROM BPTV FOR ANY OTHER USAGE OF THE CONTENT.
3. Intellectual Property Rights
All copyright, trade marks and other intellectual property rights in the Website, the Service and the Content (including the design, arrangement and look and feel), all material supplied as part of the Service are the property of BPTV or its licensors and protected by copyright law. You may only use the Content in accordance with these BPTV Terms and in particular in the circumstances set out in Section 2 above and specifically may not use the Content for any illegal purposes.
Any copying, reproduction, lending or hiring, public performance, broadcasting or any other form of distribution of the Content (including peer to peer transfers) other than in accordance with these BPTV Terms is prohibited and will constitute a copyright infringement. The Content contains security technology to protect it from being used outside of the BPTV Terms. You agree not to attempt to, or assist any other person to, circumvent or remove any security technology. You agree that information concerning your transaction may be used in order to trace any infringement of copyright and that such information may be disclosed to third parties if it appears necessary for the purpose of tracing copyright infringements.
4. Confidentiality of Password and User Name
When you register as a subscriber member, you will be asked to select a user name and password to use to enable you to access your account and log on to use the Service, which you may change during the registration process or at a later date. You are not permitted to share your user name and password with any other person. You accept it is your sole responsibility to maintain the confidentiality of your password, that you are responsible for any activity carried out using your user name and password and that you will advise BPTV as soon as you become aware of any unauthorised use of your username and password or other breach of security.
5. Operating Equipment
You are responsible for ensuring you have all the necessary equipment and software to access the Website and download and view the Content, BPTV will not be responsible to you if your equipment or software is not compatible. The minimum operating requirements are set out on the “About” page of the BPTV Website.
6. Availability and Termination of the Service
Once subscription payment has been authorised, Content will be made available for you to download subject to these BPTV Terms.
BPTV reserves the right to modify, suspend or discontinue the Content and the Service (or any part of it) without notice to you and shall not be liable to you if it exercises these rights. You acknowledge that you may no longer be able to replace Content if BPTV discontinues this Service and you agree that in such circumstances BPTV shall have no liability to you. Where commercially practicable, BPTV will try to give you reasonable notice of any discontinuation of the Service.
You can terminate your membership of the Service at any time via your BPTV account. Membership will be terminated automatically on failure to renew on the annual renewal date. Once membership is terminated you will not be able to use the Service or any Content (unless you re-register). No refund will be paid on termination.
BPTV is entitled to suspend or terminate your access to any part of the Service at any time without notice if you breach these BPTV Terms, or for technical reasons.
7. Liability
BPTV will endeavour to provide the Service using all reasonable care and will use reasonable efforts to make the Service available to you at all times. However you acknowledge that the Service is provided over the internet and the quality and availability of the Service and the Content may be affected by factors outside of BPTV’s reasonable control such as technical faults in your ISP’s and/or telecommunication providers’ network/service.
BPTV makes no guarantees that the Service or the Content will be available, uninterrupted or error free, or that defects will be corrected, or that the Website, the Content, the Service or the server that makes it available are free of viruses or bugs. BPTV will, however, use reasonable efforts to replace defective Content where commercially practicable. Except as required by law, BPTV will not be responsible for any loss or damage caused by: (a) interruption or delay to the Service or errors, viruses or bugs contained in the Service caused by events outside BPTV’s reasonable control; (b) your negligence, your breach of the BPTV Terms or failure to follow BPTV’s reasonable instructions; (c) any incompatibility of the Service with any other software or material on your equipment; (d) any unauthorised use of the Service and/or Content; or (e) any other factor that is outside BPTV’s reasonable control.
BPTV’s liability to you in connection with the Website, the Service and/or the Content will not, in any event, exceed the total price charged for the Content (except for liability for fraud).
In no event will BPTV or its third party affiliates be liable for any damages whatsoever, whether in action of contract, negligence or other action, including (but not limited to) damages for loss of use of the Service, damage to equipment or other software, or loss of data or profits or for other monetary loss or for any indirect or consequential damages, arising out of or in connection with the use (or inability to use) or performance of the Content and/or Service. These exclusions do not apply to death or personal injury caused by BPTV’s negligence nor to BPTV’s fraud and only apply to the extent permitted by law. This does not affect your statutory rights.
In no event shall BPTV or its licensors or third party affiliates be liable for any unauthorised use of the Content and/or Service.
You agree to indemnify BPTV from any claim or damages (including any legal fees in relation to the same) made by a third party in respect of any matter in relation to or arising from any breach or suspected breach of the BPTV Terms by you or your violation of any law or rights of any third party.
Please note that the views expressed by BPTV’s contributing speakers are personal to the individuals concerned and are not necessarily held by BPTV.
8. General
Content use under these BPTV Terms and in particular as set out in Section 2 is limited to use in member states of the European Union, the United States of America, Canada, South Africa, Australia and New Zealand. This is to protect BPTV from liability for any possible breach of foreign censorship laws in making our content more widely available.
These BPTV Terms shall be governed by and construed in accordance with the laws of England and any disputes will be decided only by the English courts.
If any of these BPTV Terms are held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining BPTV Terms which will continue to be valid and enforceable to the fullest extent permitted by law.
BPTV can transfer its rights and obligations under the BPTV Terms to any company, firm or person provided this does not affect your rights under the BPTV Terms. You may not transfer or assign your rights or obligations under the BPTV Terms to anyone else and your membership of the Service is personal to you.
Further Information
The Service is operated by (Marcus Morrell trading as) BPTV of 3 Sloane Court East, London, SW3 4TQ, Tel 0207 7309721. Helpful information can be found on the About section of the website and further queries or comments can be sent via e-mail enquiry to info@bigpicture.tv.
