These terms and conditions ("4oD Terms") apply to your use of the Channel 4 video on demand service and the website at www.channel4.com/4oD ("Service") and to your access and use of the videos, programmes and software available on the Service ("Content"). The Service is provided by or on behalf of 4 Ventures Limited and the Channel Four Television Corporation ("Channel 4").
Please read these 4oD Terms (and the other terms referred to below) carefully as they set out your rights and obligations and the terms on which Channel 4 makes the Service available to you.
- Your Obligations
To access Content, you must register to become a member of the Service. As part of the registration process, you will be asked to 'ACCEPT' these 4oD Terms. On doing so, you will be deemed to have consented to and you will be bound by the 4oD Terms.
Channel 4 reserves the right to change the 4oD Terms at any time by posting changes online and it is your responsibility to refer to and comply with the 4oD Terms on accessing the Service. Your continued use of the Service after changes are posted constitutes your acceptance of the 4oD Terms as modified.
If these 4oD Terms are not accepted in full, you do not have permission to access the Service and you should cease using the Service immediately. If there is any conflict between the 4oD Terms and rules and/or specific terms of use appearing on the Service relating to specific material then the latter shall prevail.
- Age of Consent & Viewer Guidance
You must be 18 years or over to register to access Content on the Service and to purchase Content. If Channel 4 discovers or has any reason to suspect you have not reached 18 years of age then Channel 4 reserves the right to suspend or terminate your membership of the Service immediately and without notice.
Certain parts of the Service e.g. with adult content, may be unsuitable for younger viewers and will receive a guidance rating. Upon agreeing to the 4oD Terms you accept full responsibility for reviewing all viewer guidance information supplied for each piece of Content for the purpose of informing, and where appropriate safeguarding, viewers, including but not limited to children and young people. Where you allow children or young people to view Content you have purchased or any free content you are responsible for making sure that Content is suitable for them.
You understand that Content may contain nudity or other material of a sexual nature, or may include content you may consider offensive or otherwise objectionable. Although Channel 4 will attempt to bring such material to your attention prior to completion of your transaction, you agree Channel 4 shall have no liability to you for any Content that may be found to be offensive or otherwise objectionable.
- Password, User Name and Security
When you register as a member, you will be asked to select a user name and password that you can then use to access your account and log on to use the Service. You may change your user name and password or any other details you notified to use during the registration process at any time via your 4oD account.
You accept it is your sole responsibility to maintain the confidentiality of your password and that you are responsible for all activity that occurs under your user name and password. Channel 4 is unable to check the identity of people using the Service and will not in any way be liable where your password is used by someone else. You agree to notify Channel 4 immediately of any unauthorised use of your password and any other breach of security as soon as you become aware of it.
- Territory
The Service and Content is currently only available in the UK and Republic of Ireland by UK and Republic of Ireland residents. You agree not to use or view or attempt to use or view the Service or the Content from outside of these territories.
- Service and Use of Content
Content will be made available for download or viewing by you once your payment has been authorised. Until your payment is authorised, Channel 4 may decline to supply the Content to you. No contract will be entered into between you and Channel 4 unless and until you make payment for the Content.
The Service will set out information on the basis on which particular Content is made available and will also tell you how long you have to download and view the Content ("Licence Period") unless Content has been purchased on a "download to own" basis. After the Licence Period has expired you will no longer be able to view the Content. Once the Licence Period has expired you must delete the Content file from your equipment (as it will not automatically delete).
You must have downloaded and must start to view the Content (i.e. press "play") within the Licence Period or you will not be able to download or view the Content. It is your responsibility to make sure there is enough time left in the Licence Period for you download the Content and to start to view it and Channel 4 is not responsible if you do not allow sufficient time to do this.
Subject to the above, the following provisions apply to the different ways Content is made available:
- Free Content - where Content is made available to you at no cost then the Service will set out details of how long this is available for download and viewing by you. Generally, however, content will be available on the service for 7 days and you will be able to view this for 48 hours from when you first start to view the content.
- Rentals - any Content that can be purchased for download and viewing by you on a "rental" basis will be available until the expiry date and time listed when you purchase the Content ("Expiry Date") and, following any purchase, this will be shown in the My Downloads section. The Expiry Date will generally be 30 days after purchase or at the end of Channel 4's licence period, whichever comes sooner. Your rental period is 48 hours from when you first start to view the Content. You can watch the Content as many times as you like during those 48 hours provided you start watching it at least 48 hours before its Expiry Date; otherwise your rental period will only be valid up until the Expiry Date.
- Download to own - where Content can be purchased to "download to own" you will be able to view such Content at any time once it has been purchased (but please see the warning below).
- Pre-booking - it is possible to "pre-book" Content. This Content (whether it is made available on a rental or a download to own basis) will automatically be downloaded into your library as and when it becomes available. Please note that you will not pay for this until you access the Content (see Section 8 below). Once you have paid for this Content the "rental" and "download to own" provisions (set out above) will apply as applicable. Please also note that not all Content you "pre-book" will be made available and any Content that does not become available for whatever reason will not be automatically downloaded and no payment will be taken.
- Streaming - where Content is made available to you by "streaming" this will be free (unless the Service sets out otherwise). You will only be able to view this Content as it is streamed and cannot download or save this Content. Please note that not all Content available on the Service can be accessed through streaming and generally Content will only be available in this way for 7 days. Channel 4 may remove or change Content available through streaming at any time without notice.
You are responsible for providing all equipment and software necessary for you to download and/or stream and view the Content. You must ensure your equipment and software is compatible with the Content by checking the minimum operating requirements (available here). Please note that the quality of any streamed Content will be affected by connection speeds. Channel 4 will not be responsible to you if your equipment or software is not compatible with the Content.
WARNING - Please note Content can only be accessed and viewed on the equipment you downloaded it to and may not be transferred to any other person or equipment. If you delete or lose any Content you have downloaded then you will not be entitled to a further copy of this as Channel 4 does not reissue Content that has been lost or damaged (by you or other third parties).
4oD uses peer to peer ("P2P") technology. This allows content to be transferred directly from the computers of users of the Service (rather than through a website or directory). If you download Content to your computer, during the Licence Period, we may upload this from your computer (using part of your upstream bandwidth) for the purpose of transferring Content to other users of the Service. Please contact your Internet Service Provider ("ISP") if you have any queries on this.
Content may be made available with advertising or sponsorship. Your rights and obligations in relation to this is the same as the Content to which these adverts or sponsorship relate.
- Intellectual Property Rights
All copyright, trade marks and other intellectual property rights in the Service (including the design, arrangement and look and feel), all material and software supplied as part of the Service and all Content are the property of Channel 4 or its licensors and protected by copyright law. You may use the Content only for your personal and non-commercial purposes in accordance with the 4oD Terms and you may not use the Content for any illegal purposes. Additional information on what you may do with Content is set out in Section 5 above.
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 4oD Terms is prohibited and will constitute a copyright infringement.
The Content contains security technology to protect it from being used outside of the 4oD Terms. You agree not to attempt to, or assist any other person to, circumvent or remove any security technology.
You agree that the information which is used to protect the Content is stored together with the information concerning your transaction which may be used in order to trace any infringement of copyright. You agree that this information may be disclosed to third parties if such disclosure appears necessary for the purpose of tracing copyright infringements.
- Cancellation and Defective Downloads
Please note that once you have paid for Content, Channel 4 will make it available to you through the Service. You are not able to cancel any transaction after you have confirmed you wish to purchase the Content and authorised payment when asked to do so on the Service. If you are unable to view the Content or complete the download process, or wish Channel 4 to provide a replacement for a download that is defective, please go to the Help and FAQ section. Where this is due to Channel 4's default, Channel 4 will replace or refund the Content at its discretion. Other than this, Content may not be returned for any reason.
If you pre-book any Content then you will not be charged until you access the Content. Until you do this, you can cancel this Content and are under no obligation to purchase this.
- Payment
The price payable for Content is set out on the Service. If, by mistake, Channel 4 has under-priced an item of Content, Channel 4 will not be liable to supply that Content to you at the stated price, provided that Channel 4 notifies you before the Content concerned is downloaded by you. All prices are expressed inclusive of any VAT payable unless otherwise stated.
You can pay by Switch or any Mastercard or Visa credit card. Your card details will be encrypted to minimise the possibility of unauthorised access or disclosure. Authority for payment must be given at the time of order and you will be charged at this time. When you pay by card, 4.5% of the total cost is paid by you to Worldpay for card handling services (and this is included in the price set out on the Service). Channel 4 will send a receipt for payment to the email address you have supplied to Channel 4. You should keep a copy of this for your records. Recent transactions will be available to view in your 4oD account but this will not show details of any free content you have viewed.
If you pre-book any Content no payments will be taken until you access the Content for the first time.
Channel 4 accepts orders only from Web browsers that permit communication through Secure Socket Layer (SSL) technology. Further details are in the minimum operating requirements (available here).
Please note that your "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.
- Availability and Termination of the Service
Channel 4 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 Channel 4 discontinues this Service and you agree that Channel 4 shall have no liability to you in that event. Where commercially practicable, Channel 4 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 4oD account. You will not then be able to use the Service or view Content (unless you re-register). Channel 4 is entitled to suspend or terminate your access to any part of the Service at any time if you breach these 4oD Terms or for technical reasons.
- Liability
Channel 4 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 so the quality and availability of the Service and the Content may be affected by factors that are outside Channel 4's reasonable control such as technical faults in your ISP's and/or telecommunication providers' network/service.
Channel 4 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 Content, the Service or the server that makes it available are free of viruses or bugs. Channel 4 will, however, refund or replace defective Content in accordance with Section 7 above. Except as required by law, Channel 4 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 Channel 4's reasonable control; (2) your negligence, your breach of the 4oD Terms or failure to follow Channel 4's reasonable instructions; (3) 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 Channel 4's reasonable control.
Channel 4's liability to you in connection with the Service and/or the Content will not, in any event, exceed the total price charged for the relevant Content.
In no event will Channel 4 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 Channel 4's negligence and only apply to the extent permitted by law. This does not affect your statutory rights.
In no event shall Channel 4 or its licensors or third party affiliates be liable for any unauthorised use of the Content and/or Service.
You agree to indemnify Channel 4 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 4oD Terms by you or your violation of any law or rights of any third party.
- General
These 4oD 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 4oD 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 4oD Terms which will continue to be valid and enforceable to the fullest extent permitted by law.
Channel 4 can transfer its rights and obligations under the 4oD Terms to any company, firm or person provided this does not affect your rights under the 4oD Terms. You may not transfer or assign your rights or obligations under the 4oD Terms to anyone else and your membership of the Service is personal to you.
These 4oD Terms incorporate the channel4.com website Terms and Conditions and 4oD Application Software Licence. Except as expressly set out in the 4oD Terms, your personal information will be used in accordance with Channel 4's Privacy Policy.
- Further Information
The Service is operated by Channel Four Television Corporation and 4 Ventures Limited (Company Registration No. 04106849 and VAT No. 626 4758 17) of 124 Horseferry Road, London SW1P 2TX (in conjunction with Worldpay). If you have any queries please go to Help and FAQ section. This contains a form that can be used to contact Channel 4 with queries or comments.
You can also email us at customersupport@channel4.com or call us on the telephone number set out on the Service. If this is a premium rate number this will be set out and details of the cost of calls will be set out next to the number.
Last updated: 29.03.07 4 Ventures Limited ©2006
