ShortsTV Application Terms of Use

Last updated 14 June 2019.

The ShortsTV application is provided by Shorts International Limited (Registration No. 03962510) of 64 Great Eastern Street, London, EC2A 3QR, United Kingdom. Our UK VAT number is 756842592.

These Terms of Use (as updated from time to time) set out the agreement between you and Shorts International Limited.

Please also read our Privacy Policy (as updated from time to time) which is incorporated into these Term of Use by reference.

In addition, you may be required to enter into an end user licence agreement (“EULA”) with us, depending on how you are accessing the Service.

By creating an account or signing in to the ShortsTV application and/or using the Service, you confirm that you have read and understood these Terms of Use and, if applicable, EULA, and are willing to be bound by them. If you do not agree to these Terms of Use, please log out and do not continue to use the Service.

1 – Definitions

In these Terms of Use, the following references shall have the meaning as described:

“App” means the ShortsTV application (to include software components, associated media and data, and any online or electronic documents) offering an on-demand film content service via internet streaming.

“Content” means the selection of films and programming, images, music, text, and other material that will be made available via the Service.

“Device(s)” means compatible, registered device(s) that are capable and authorised to access the Service.

“Participating Provider” means a provider of audio-visual services with whom we have an agreement to make the Service available to Subscriber(s).

“Service” means the service, as updated from time to time, that you connect to via the App which allows you primarily to watch Content streamed over the internet to Devices and, as when made available, to rate, review and participate in discussions with other users, about the Content and other topics related to the Service.

“Subscriber(s)” means a qualifying customer of a Participating Provider who is entitled to access the Service as part of their subscription agreement with the Participating Provider.

“us/we/our” means Shorts International Limited.

2 – Use of the Service

In consideration of you remaining a Subscriber and agreeing to abide by these Terms of Use and, if applicable, the EULA, we grant you a limited, non-exclusive, non-transferable, and revocable royalty-free licence to download the App software (if applicable), access the Service and view the Content for your personal and non-commercial purposes only. The licence specifically includes any documentation, data, or information required for your use of the Service. Except for the foregoing limited licence, no right, title or interest shall be transferred to you. Materials subject to the licence may not be used for any other purpose and the licence terminates on your cessation of use of the Service or at the termination of this agreement.

You will be able to access the Service for as long as:

1 – You are a Subscriber to a Participating Provider; and,
2 – You have a ShortsTV account; and,
3 – We make the Service available; and,
4 – You are in the territory where you are a Subscriber to a Participating Provider, subject to prevailing EU law on the Digital Single Market and portability of content; and,
5 – This agreement is not terminated pursuant to any of the reasons set out below.

We reserve all other rights, including for the avoidance of doubt, all right, title, and interest in and to the Service and the App, all logos and trademarks reproduced through the Service, and all the Content within the Service, and this agreement does not grant you any intellectual property rights in the foregoing.

Note that we may withdraw the Service at any time and for any reason.

3 – Minimum Age

You must be 16 years of age, or the age of majority in your country, to use the Service. For U.S. users, the age of majority is 18. Minors may only use the Service under the supervision of an adult, e.g. parent or adult guardian, who shall remain responsible for ensuring that the Service and Content are suitable for them. We disclaim any liability for any misrepresentation of your or any other user’s age.

U.S. users: You further represent and warrant that you are not currently on, and have never been on, any sex offender registry in any local, state, or federal jurisdiction, that you are not a convicted felon, and that you are not prohibited from using the Service under the laws of the United States. Specifically, you represent and warrant that you are not on the U.S. Treasury Department’s list of Specially Designated Nationals.

4 – Cost

There is currently no additional cost to Subscriber(s) to use the Service, other than the cost of the qualifying subscription with Participating Providers and all costs charged by your internet service provider.

5 – Accessing the Service

To access the Service, you must first create a ShortsTV account by providing a user name, an email address, and a password (except for Set-top Box devices which don’t require a password). You are responsible for ensuring the continued accuracy of this information. This information will enable you to use the Service. You must not share such identifying information with any third party, with the exception of “Additional Users” as described below, and if you discover that your information has been compromised, you agree to notify us immediately in writing. Email notification will suffice. You are responsible for maintaining the safety and security of your information as well as keeping us apprised of any changes toit. Providing false or inaccurate information, or using the Service to further fraud or unlawful activity is grounds for immediate termination of this agreement.If you registered with a fake email address you won’t be able to access the Service from certain Device(s) or you won’t be able to use certain features.

6 – Additional Users

You can nominate ‘Additional Users’ to have access to the Service e.g. other members of your family or household who are authorised to use your ShortsTV account, and for whom you are responsible.

7 – Suitability of Content and parental control tools

The Service may contain material that you may consider indecent, objectionable or which may not be suitable for young audiences. If you permit a child to use your account to view our Content, you are solely responsible for selecting an appropriate age category for the child and/or using the Device’s parental control pin.

We have classified the Content within Service using the following classifications:

U: Universal, suitable for all audiences aged four years and over.

PG: Parental guidance is recommended. Parents may need to consider whether the movie is suitable for younger or impressionable children.

12: Suitable for viewers aged 12 years or over. More mature themes or language may make the movie unsuitable for young children.

15: Suitable for viewers aged 15 years or over. It may contain stronger content.

18: Suitable only for adult viewers aged 18 or over.

The selection of Content available to you and each Additional User will be determined by the age category selected by you, as follows:

8 years and below

Young Child

Content will be restricted to U classifications

Under 12s

Older Child

Content will be restricted to PG and U classifications

Under 15s

Teen

Content will be restricted to 12, PG and U classifications

Under 18s

Young Adult

Content will be restricted to 15, 12, PG and U classifications

Over 18 years

Adult

Content is not restricted

Please note that by default, user accounts are set to the adult age category.

8 – Service Content Quality

The quality of the display of the Content may vary from Device to Device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your internet connection.

Most of the Content available to watch via the Service is in HD (High Definition).  Sometimes, Content may not be available in HD due to rights restrictions.

Your internet connection may not be fast enough for High Definition (HD). Or there may be other devices using the same internet connection and taking up your bandwidth.

On some Devices, we use technology called Adaptive Bit Rate (ABR) that can reduce or increase the video quality depending on your available internet speed. So if your internet connection is slow or being used by several Devices, it will play the video at a lower quality to fit the available bandwidth, rather than buffering.

9 – User Generated Content

The Service may incorporate certain content and postings that are generated either by users of the Service (including you) or through third party applications/widgets (eg from “social media” platforms such as Facebook or Twitter) (“User Generated Content”) as part of a message board, chatroom, weblog, profile pages and other message and communication facilities (the “Chat Services”). You agree and acknowledge that:

1. our ability to control the User Generated Content is limited;
2. we do not endorse User Generated Content and any views expressed in User Generated Content, and Chat Services generally, do not necessarily reflect our views
3. By using the Chat Services, you acknowledge that you may be exposed to content that is offensive or objectionable;
4. we do not accept any responsibility or liability for User Generated Content or any actions or omissions that you may take in reliance on it;
5. whilst we make every effort to test and check information and content in the Service for viruses, we recommend that you run anti-virus programs on any material obtained via the Chat Services. Under no circumstances will we be liable in any way for any content or any damage incurred as a result of you accessing any content posted or otherwise transmitted via the Chat Services.
6. we hereby expressly disclaim any and all responsibility for the actions, interactions, conduct, communications or other relationships of any users on or off our Service;
7. if you wish to submit any User Generated Content to the Service, you agree that it is subject to the User Conduct set out below and also the following conditions:

• You hereby grant us a royalty free, non-exclusive, worldwide, licence, in perpetuity, to use your User Generated Content on the Service. You waive all moral rights to the User Generated Content. You warrant that you are the sole and exclusive creator, author and owner of your User Generated Content, and no one else has any right to your User Generated Content, including in any underlying copyrights such as music, footage, artwork and other material. If you are under 16 years of age, or under 18 years of age in the United States, you warrant that you have parental or guardian permission to upload the User Generated Content to the Service. You warrant that you have obtained all rights, permissions and licences necessary for us to use your User Generated Content as anticipated by this clause. You must ensure that nothing in your User Generated Content infringes any trademark or copyright or otherwise violates anyone’s right of privacy or publicity, or contains anything that is defamatory or offensive. You must ensure that your User Generated Content is free from any lien or claim by anyone, including, but not limited to any union, guild or performance rights society. We reserve the right not to make your User Generated Content available on our Service and the right to remove your User Generated Content, or links or any other means of access to your User Generated Content, from our Service at our discretion at any time. You agree to indemnify and hold us and our affiliates and or subsidiaries harmless from any claims, suits, losses (whether foreseeable or not), damages and expenses (including reasonable legal fees) that arise from any breach of these conditions regarding your User Generated Content.

 

10 – Copyright Infringement

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on our Service to infringe your copyright, you may request removal of those materials (or access to them) from us submitting written notification to us. Please include the following in the written notice:

• Your physical or electronic signature.
• Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works, a representative list of such works.
• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
• Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
• A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the written notice is accurate.
• A statement that you are authorized to act on behalf of the copyright owner.

If you fail to comply with all of the requirements of noted above, your request may not be effective. You may contact us through the contact details located in section 23 of these Terms.
Repeat Infringers: It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
 

11 – User Conduct

Except as expressly set out in these Terms of Use, or as permitted by any local law, you agree:

1 – not to rent, lease, loan, translate, merge, adapt, vary or modify the Service;
2 – not use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, Trojan horses, logic bombs, into the App, any Service or any operating system;
3 – not to infringe our intellectual property rights or those of any our third-party providers, in relation to your use of the Service;
4 – except as permitted under the Copyright, Designs and Patents Act 1988 you must not do (or allow to be done) any of the following:

• copy, reproduce (including burning onto any physical medium) the Service or its Content (or any part of them);
• publish, republish, re-distribute, post, broadcast, frame, transmit the Service or its Content (or any part of them);
• copy, publish or re-publish, post, transmit, reverse engineer, decrypt, decompile, disassemble, alter or commercially exploit the Service’s software;
• sell or make any charge for watching or using the Service;
• show Content or any part of the Service in public or authorise, allow or assist anyone else to do so, even if no charge is made;
• alter, cover, modify or remove any graphics, logos or other on-screen text or images appearing in the Service.

5 – not to sub-licence or assign any of the rights granted herein;
6 – not use the Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
7 – not collect or harvest any information or data from the Service or our systems or attempt to decipher any transmissions to or from the servers running the Service.
8 – to notify us if you become aware of any unauthorised use of your account.
9 – Not to post or transmit on the Service:

• any defamatory, threatening, false, misleading, discriminatory, harassing, racist, harmful, indecent, obscene, pornographic or otherwise illegal material (including URLs of third party websites that contain such material);
• any material which would violate or infringe in any way upon the rights of others (including intellectual property rights, rights of confidentiality, or rights or privacy), could prejudice any active legal proceedings of which you are aware, or cause distress or inconvenience, encourage violence or racial or religious hatred, or condone or encourage illegal acts of any nature;
• any opinions that are vulgar, crude, sexist, racist or otherwise make comments that are offensive or that are likely to cause someone harm or distress in our sole and exclusive discretion;
• any spam such as advertisements for other goods or services, other commercial solicitation, chain letters, pyramid schemes, polls or petitions;
• whilst impersonating anyone else or misrepresenting your identity or status;
• anything which solicits personal information, email addresses, contact information, passwords or generally, any personally identifying information from anyone;
• any of your own personally identifying information other than as part of your registration to and ordinary use of, the Service (such as logging in, contacting Customer support, setting up a new device);
• any material that we have previously removed.

together “User Conduct”.

12 – Intellectual Property Rights

You acknowledge that all intellectual property rights in the App, the Service and its Content, anywhere in the world belong to us or our licensors, and that you have no rights in, or to, the Service, the App or its Content, other than the right to use the Service in accordance with the limited license provided for in these Terms of Use.

13 – Responsibility and Changes to the Service, Content or Terms of Use

1 – In respect of the Content we have provided to the Service (as opposed to User Generated Content):

• we have absolute editorial control over this Content.
• Content may be added, changed or removed at any time at our discretion.

2 – We may vary, replace or withdraw the Service, or any feature or functionality provided as part of the Service at any time, at our discretion.
3 – Any changes we may make to our Terms of Use in the future will be posted on this page and, where appropriate, notified to you by e-mail or when you next start the App or log onto one the Service. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Service. You agree that we have the right to modify these Terms of Use or revise anything contained herein. You further agree that all modifications to this document are in full force and effect immediately upon posting online and that modifications or variations will replace any prior version of this document, unless prior versions are specifically referred to or incorporated into the latest modification.
4 – You acknowledge that the use of the Service may require third party software that is subject to third party licenses. You agree that you may automatically receive updated versions of both the App software and related third-party software.

14 – Security

• You’re responsible for the security and proper use of your (and your Additional Users’) log-in details and password (if applicable), and all activities of your Additional Users. If you know or suspect that your or an Additional User’s username has been compromised, or you suspect or become aware of any other breach of security, you must tell us immediately, and you must also ensure that any such username and password (if applicable) is changed as soon as possible. If we believe that there’s been, or is likely to be, a breach of security we may suspend usernames or passwords (if applicable) and require that they’re changed, we may also restrict your and any Additional Users use of all or any part of the Service.
• When using any chat rooms or other such functions, as and when made available on the Service, you should take precautions as is advisable in online environments, such as: keep your identity private; do not give out your full name, address, phone number or email address, or any information that could help someone identity you (other than to us in the course of ordinary account management); do not meet with someone you have met online and do not reply to any messages that are hostile, rude, inappropriate or in any way made you feel uncomfortable.

15 – Third Party Sites

The App may in the future contain links to other independent third-party websites (“Third-party Sites”). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). We are also not responsible for any damage or loss which may come to you as a result of your use of the Third-party Sites. You will need to make your own independent judgement regarding your interaction with any Third-party Sites.

16 – Termination

We may terminate or suspend our agreement with you immediately without compensation:

1 – if you cease to be a Subscriber to a Participating Provider as defined herein;
2 – if you (or your Additional Users) commit a material or persistent breach of these Terms of Use or, if applicable, the EULA, in our sole and exclusive discretion;
3 – if you (or your Additional Users) breach any of the User Conduct rules, in our sole and exclusive discretion;
4 – if we suspect or believe that you (or your Additional Users) have committed or may be committing any fraudulent or other unlawful activity against us or against any other person or organisation through your or their use of the Service or Content;
5 – due to technical or operational reasons which are beyond our reasonable control;
6 – If we decide (at our sole discretion) to withdraw the App or the Service, in our sole and exclusive discretion.

On termination for any reason:

• all rights granted to you under these Terms of Use shall cease;
• you will cease to have access to the Service;
• if applicable, you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App then in your possession, custody or control.

Any decision to suspend or terminate your account will be based entirely on our discretion and we are not liable or responsible for any loss or damage which may result therefrom. Termination decisions are final and will not be revisited.

17 – Disclaimer

The use of the Service is at your own risk. By signing in to use App, and using any part of the Service, you agree that you’ll be responsible for your actions and omissions, and for the actions and omissions of your Additional Users.

The Service is provided on an “as is” and “as available” basis. Except as required by law, we give no warranty, express or implied, as to the quality, content, availability, uptime or fitness for a specific purpose of the Service.

We cannot promise that our Service will be free from errors or omissions nor that they will be available uninterrupted and in a fully operating condition, or free from viruses or other harmful components. Not all of the features and functionality of the Service will be available on all devices. We make no guarantee that all or any features of the Service will work on any particular device.

The Service may be suspended temporarily and without notice for any reason including without limitation in the case of system failure, maintenance or repair or due to events reasonably beyond our control. We will not be liable to you or to any other person in the event that all or any part of the Service is unavailable, discontinued, modified or changed in any way.

Where you are required to obtain certain updates and/or upgrades to your hardware or software in order to use the Service, you are solely responsible for any costs and/or fees associated with any such updates/upgrades and we make no guarantees in respect of the compatibility of your hardware or software with the Service and/or any updates/upgrades.

18 – Liability

In no event shall we (or our affiliates, directors, shareholders, employees, licensors, suppliers or agents) be liable for any direct, indirect, incidental, special or consequential damages (including but not limited to any loss of data, service interruption or computer failure) arising from your use of the Service, or any errors, viruses or bugs contained in the Service, even if you have advised us of the possibility of such loss.

To the full extent permitted by law, we and our associated companies and agents exclude responsibility and all liabilities arising from:

1 – any use of the Service which isn’t authorised by us;
2 – ending, suspending or restricting the Service or any part of the Service in accordance with these Terms of Use;
3 – any delay, failure, act or default in relation to the provision of the Service;
4 – errors, viruses or bugs present in or arising from your use of the Service;
5 – incompatibility of the Service with any other software or hardware (including compatible registered devices); and
6 – any act or default of any third-party supplier, device manufacturer or provider of a device operating system, which are beyond our control;
7 – losses resulting from actions, content, information or data of third parties including any user of the Service;
8 – any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information that you may encounter on the Service.

In no event will our aggregate liability for all claims relating to the Service exceed the amount you paid us in the last 12 months for any paid Service (if applicable).

Nothing in these Terms of Use will in any way limit or exclude any party’s liability for (i) death or personal injury arising from negligence, or (ii) fraud.

In addition, we are not permitted to exclude our liability to for providing digital content that is not of satisfactory quality or fit for purpose or that does not match its description. This clause shall not affect any such liability that we have to you.

IF THE LAW OF THE COUNTRY WHERE YOU LIVE DOES NOT ALLOW THE EXCLUSIONS OF LIABILITY AND DISCLAIMERS PROVIDED FOR IN THIS CLAUSE AND THE PRECEDING CLAUSE, THOSE EXCLUSIONS AND DISCLAIMERS SHALL NOT APPLY.

19 – Indemnity

You agree, to the extent permitted by law, to indemnify, defend and hold harmless Shorts International Limited and our affiliates, directors, officers, shareholders, employees, licensors, suppliers and agents from and against any complaints, charges, claims, damages, losses, costs, liabilities and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Service; (b) content you post to the Service (if applicable); and (c) your breach of these Terms of Use.

20 – Unenforceability

Any part of these Terms of Use found to be unenforceable will be treated as deleted and the remainder of the Terms of Use will continue to govern the relationship between us and you.

21 – Rights of Third Parties

The agreement between us and you is personal to you and no third party is entitled to benefit under it, except that your Additional Users can use the App in accordance with the permissions granted to them.

22 – Transferability

We can transfer our rights and obligations under these Terms of Use to any company, firm or person. You may not transfer your right or obligations under these Terms of Use to anyone else.

23 – Governing Law and Jurisdiction

English law governs your use of the Service, these Terms of Use and any dispute arising out of them. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your country of residence where you are using the Service (if outside the United Kingdom). Any dispute under these Terms of Use can be dealt with by any UK court that can lawfully deal with the case. Choice- and conflict-of-law statutes and regulations in the United States specifically do not apply to your relationship with us.

24 – Contacting us

You can email us at [email protected], or write to us at 64 Great Eastern Street, London, EC2A 3QR, with any queries or complaints about the Service.

The Service includes an on-demand programme service. Ofcom is the regulator for the editorial content of on-demand programme services. This includes ensuring that particular rules are observed. These rules require certain material to be restricted to adults, prohibit other material (including that likely to incite hatred) altogether, and govern product placement in programmes and sponsorship of individual programmes or services. If you have complained to us and you are dissatisfied with our response, you can submit a complaint about any of these aspects of our on-demand service to Ofcom details at www.ofcom.org.uk/tv-radio-and-on-demand/how-to-report-a-complaint/a-programme-i-saw-or-heard

More information can be found at www.ofcom.org.uk/tv-radio-and-on-demand/information-for-industry/on-demand.