By using the Service you agree to be bound by the terms and conditions set out below and any terms and conditions applicable to any offer you have selected.
This is a contract between you and British Sky Broadcasting Limited, Grant Way, Isleworth, Middlesex TW7 5QD ("Sky"). MPP will provide payment services in relation to the Service. References to "we" or "us" in this Contract will be read as references to Sky. You can contact us by writing to British Sky Broadcasting Limited, Grant Way, Isleworth, Middlesex, TW7 5QD or by completing a web form on www.sky.com/portal/site/skycom/feedback or by telephoning Sky Anytime on PC Customer Service on 08442 411 599.
You must be aged 18 or over to subscribe to the Service and resident in the UK, Channel Islands, Isle of Man or Republic of Ireland. We reserve the right to seek confirmation of age if necessary.
Your internet service provider ("ISP") may charge you for using the Service and these costs may vary depending on your ISP. You will be responsible for these costs and any other charges or expenses associated with your internet service. Please contact your ISP for details.
By using this Service, you agree that we may use and share information we hold about you in accordance with Paragraph 14 below.
Definitions
"Additional User" means a user of the Service who has been approved to do so by the Primary User in their household;
"Basic Service" means our broadband content service which provides content to your Compatible Computer and which may include certain movies, sports and entertainment content (depending on the Sky Digital Package you subscribe to from time to time);
"Buy to Keep Payment" means the amount we have told you that you must pay for each Event that you order within the Buy to Keep Service;
"Buy to Keep Service" means our broadband content service which provides movies, sports and entertainment content on a buy to keep basis (access to which may be dependent on the Sky Digital Package you subscribe to from time to time);
"Compatible Computer" means a computer to which the Sky Anytime on PC Application can be downloaded in accordance with the system and software requirements set out on the Sky Anytime on PC Website from time to time;
"Contract" means the terms and conditions set out in this subscription contract between you and us;
"Event" means each television program or event offered to you by Sky either on a pay-per-view basis within the Pay-per-view Service or on a buy to keep basis within the Buy to Keep Service;
"Extended Service" means our extended broadband content subscription service which provides library content to your Compatible Computer and which may include certain movies, sports and entertainment content (depending on the Sky Digital Package you subscribe to from time to time);
"MPP" means MPP Global Solutions Limited, whose registered office is at Chadwick House, Birchwood Park, Warrington WA3 6AE;
"Payment Service" means the electronic payment service provided by MPP that you will use to make your Subscription Payments, Pay-per-view Payments and Buy to Keep Payments;
"Payment Service Contract" means the terms and conditions for the Payment Service that you enter into with MPP;
"Pay-per-view Payment" means the amount we have told you that you must pay for each Event that you order within the Pay-per-view Service;
"Pay-per-view Service" means our broadband content service which provides movies, sports and entertainment content on a pay-per-view basis (access to which may be dependent on the Sky Digital Package you subscribe to from time to time);
"Primary User" means a Sky digital account holder who has registered to use the Service;
"Service" means (where relevant) the Basic Service, the Extended Service, the Buy to Keep Service and the Pay-per-view Service;
"Sky Anytime on PC Application" means a software application that you download to your Compatible Computer and enables you to use the Service (including, but not limited to, finding, managing and downloading content);
"Sky Anytime on PC Website" means the website accessed at www.sky.com/skyanytimeonpc;
"Sky Digital Package" means the Sky digital television viewing package that you or the Primary user in your household subscribe to as part of your Sky digital subscription from time to time; and
"Subscription Payments" means the subscription payments we have told you that you are required to pay for accessing the Extended Service.
Access to the Service
2.1
In order to use the Service, you must have a Compatible Computer. You will be responsible for confirming that your computer is a Compatible Computer before registering for the Service.
2.2
To access the Service, you will also need to download and install the Sky Anytime on PC Application to your Compatible Computer. The minimum system and software requirements for the Sky Anytime on PC application are set out on www.sky.com/skyanytimeonpc. You will be responsible for any other hardware or systems and for any other software applications that you download, install and/or operate to use the Service (including, but not limited to, any hardware, systems and/or software necessary to access the internet).
2.3
Your right to access certain categories of content on the Basic Service may be dependent on the Sky Digital Package you subscribe to from time to time:
2.4
Your right to access the Extended Service is dependent on the Sky Digital Package you subscribe to from time to time. If you subscribe to a Sky Movies Premium channel (or its equivalent) you will be eligible to access the Sky Movies content. Your right to access the entertainment content (other than Sky Movies content) on the Extended Service is dependent on which Entertainment Mixes (or their respective equivalent) you subscribe to from time to time.
2.5
Your right to access the Pay-per-view Service and the Buy to Keep Service is dependent on the Sky Digital Package you subscribe to from time to time:
2.6
Sky reserves the right to change or terminate your use of the Service if you change or terminate your Sky Digital Package.
2.7
If you are an Additional User, your right to access the Service may be dependent on the Sky Digital Package the Primary User in your household subscribes to from time to time. The Primary User may also change or terminate your access to the Service at any time. Sky will not be responsible for any change or termination to your access to the Service for these reasons.
2.8
If you are a Primary User, you may register nine Additional Users to access and use the Service, provided that the Additional Users live in the same household as you. Any Additional User you nominate must choose a username and password in accordance with Paragraphs 2.9, 2.10 and 2.11.
2.9
Your access to the Service is by username and password. Your username and password are secret and personal to you and must not be disclosed to any third party in any circumstances. You are responsible for keeping your username and password secure and confidential. You must take all precautions to prevent them being used by anyone else.
2.10
If we reasonably believe that a username and password are being used in any way which is not permitted by us, we reserve the right to cancel your access to the Service immediately without notice, and to block access to all your Additional Users.
2.11
You may change your username, password or any other personal details that you notified to us during the registration process at any time via your sky.com account. Should you become aware that another person knows your username and password you should change it immediately. You must not store your username and password on your computer.
The Service
3.1
We will use reasonable efforts to make the Service available to you at all times. However, you acknowledge that the Service is provided by file transfer over the internet and therefore the quality and availability of the Service are affected by factors that are beyond our reasonable control, such as, technical faults in a third party telecommunication providers’ and/or a third party ISP’s service/network. We will not be responsible for suspension, interruption or non-availability of the Service for any of the reasons set out in this Paragraph 3.1 unless you have rights against us or any other member of the British Sky Broadcasting Group for the provision of these services.
3.2
The Service is variable. We reserve the right to alter the content, presentation of and/or the facilities available on the Service without notice. You acknowledge that some of the content on the Service may be provided by third parties.
3.3
We may offer you additional services as part of the Service. If there are additional terms and conditions relating to these additional services then you must comply with them.
3.4
We can cancel or withdraw any Event at any time before you purchase that Event. If we do we will try to advertise the cancellation or withdrawal on www.sky.com/skyanytimeonpc. If an Event is made up of a number of events we can change the event pack.
Your use of the Service
4.1
You must not access the Service or download any content from the Service outside your household.
4.2
Your rights to view the content downloaded from the Service:
4.3
You are not permitted to send any content from the Service to other people.
4.4
You agree that you will:
Payments
Basic Service
5.1
Subject to Paragraph 5.2, there is currently no fee for the Basic Service. If we decide to introduce a subscription fee at any time we will give you at least one month’s notice in writing and if you wish to continue to use the Basic Service, you will have to enter into a new subscription contract. Full details will be provided on www.sky.com/skyanytimeonpc.
5.2
If you do not subscribe to a Sky Sports Mix package (or its equivalent), you must pay a monthly subscription fee for the Sky Sports content on the Basic Service. The monthly subscription fee we charge from time to time will be set out on www.sky.com/skyanytimeonpc.
Extended Service
5.3
Subject to any offer that you may take up when you first subscribe, you will be charged for the Extended Service from the first date we enable you to receive it. You must pay us the relevant Subscription Payments every month in advance using the Payment Service.
5.4
We may increase your Subscription Payments at any time by giving you at least one calendar month’s notice. We may also increase your Subscription Payments without notice if required by law or if any regulatory authority requests or requires a change to any aspect of our pricing which affects your Subscription Payments directly or our pricing structure directly.
5.5
We may alter the amount deducted from your Payment Service account if your Subscription Payments change for any reason. We may also deduct any other payment due under this Contract which you agree that we may deduct under the Payment Service Contract.
5.6
If you have missed any payments you owe to us, we can suspend provision of the Service to you without giving you notice. This does not affect our right to end this Contract under Paragraph 13 below.
If your address is in the Republic of Ireland, a different charge for your Subscription Payments may be payable by you in Euros. If we do not quote a different price for your Subscription Payments you will pay us the equivalent price in Euros. All prices include VAT (where applicable).
Pay-per-view Service
5.7
We will tell you in advance what the Pay-per-view Payment will be for any Event. You must pay for each Event by using the Payment Service or by using your credit or debit card.
5.8
If your address is in the Republic of Ireland, a different charge for each Event will be payable by you in Euros. If we do not quote a different price for an Event you will pay us the equivalent price in Euros. All prices include VAT (where applicable).
Buy to Keep Service
5.9
We will tell you in advance what the Buy to Keep Payment will be for any Event. You must pay for each Event by using the Payment Service or by using your credit or debit card.
5.10
If your address is in the Republic of Ireland, a different charge for each Event will be payable by you in Euros. If we do not quote a different price for an Event you will pay us the equivalent price in Euros. All prices include VAT (where applicable).
Liability
6.1
If you are a Primary User, you will be responsible for all actions and omissions of all your Additional Users in relation to their use of the Service.
6.2
We will endeavour to provide the Service using all reasonable care. Except as required by law, we will not be responsible or liable for the fitness for a particular purpose of the Service, or for any loss or damage caused by:
6.3
We do not accept any liability for any content provided by third parties as part of the Service or for any product or service advertised, promoted, offered or sold by third party service providers for use on the Service or otherwise. While all reasonable efforts will be made to ensure that the information contained in the Service provided by us is as accurate as possible, we do not accept any liability and make no representations or warranties in relation to the accuracy or completeness of the information contained in the Service.
Copyright, Trademark and Intellectual Property
7.1
Your use of the Service and the Sky Anytime on PC Application is protected by intellectual property laws, this Contract and any applicable end user license agreement(s). The current end user license agreement is available at www.sky.com/skyanytimeonpc.
7.2
All copyright, trade marks and all other intellectual property rights in all material or content supplied as part of the Service will remain ours or, where applicable, our content partners. We hereby grant you a licence to use such rights for your personal use of the Service only, in accordance with this Contract.
7.3
You will not, and you will not assist or facilitate any third party to:
7.4
We may prevent the copying of any part of the Service.
Uploading Content
If you download and save content to your computer system (a "File"), during the license period for the relevant File, we may upload parcels of content from the File from your computer system for the purpose of transferring Files to other users of the Service.
Computer ID
During the installation process for the Sky Anytime on PC Application, we will detect and store the machine name, KontikiNodeId, CPU, PC bios, video card, network card and IDE Controller information specific to your computer system, for the purposes of identifying your computer system and your eligibility to access and use the Service each time you log-in to the Service. If three or more of these features of your computer system change at any time, you will no longer be able to access the Service via that computer system and you will have to contact Sky Anytime on PC Customer Service on 08442 411 599.
Sky Anytime on PC Application Updates
From time to time, we will provide you with software updates for the Sky Anytime on PC Application. If you do not accept these software updates, we can not guarantee that you will be able to continue using the Service and/or use any new features available on the Service from time to time.
Promotions and Advertising
We and/or our business partners may present advertisements or promotional materials on or through the Service. Your participation in any promotional event is subject to the terms and conditions associated with that event. Your dealings with, or participation in promotions by, any third party advertisers on or through the Service are solely between you and such third party. You agree that we shall not be responsible or liable for any loss or damage of any kind incurred by you as the result of any such dealings or as the result of the presence of such third parties on the Service.
Links to Third Party sites
The Service may present links to third party websites not owned or operated by us. We are not responsible for the availability of these sites or their contents.
Termination
13.1
You can terminate this Contract at any time by giving us 30 days’ notice by completing a web form on www.sky.com/portal/site/skycom/feedback or by telephoning Sky Anytime on PC Customer Service on 08442 411 599. You will have access to the Service for this 30 day notice period so you must continue to pay us your Subscription Payments (if any) for this period.
13.2
We will be entitled to suspend or terminate your access to any part of the Service at any time should you breach this Contract, or the terms and conditions of any offer you may have selected.
13.3
We may, at our own discretion suspend or terminate your registration at any time. We may do this, for example, to update the Service for technical reasons.
13.4
We may refuse your order for any Event in our reasonable discretion. We may also prevent you from viewing an Event if at any time you do not make any payment which is due to us under this Contract.
Privacy and Personal Information
14.1
You confirm that any member of the British Sky Broadcasting group may use and share information we hold about you with other companies in the group for market research and the marketing of Sky’s products and services. This may include sending you marketing by email or SMS about Sky Anytime on PC or other similar products and services unless you advise us of your preference not to receive such forms of marketing.
14.2
Information held by the British Sky Broadcasting group about you may also be shared with other companies outside the group, including for sales and marketing purposes and for market research on products and services, unless you advise us of your preference not to share such information with such third party companies.
14.3
If you have not already told us that you do not want to receive marketing by email or SMS, or us to share information about you with companies outside the British Sky Broadcasting group, then please call Sky Anytime on PC Customer Service on 08442 411 599.
14.4
We may from time to time assess your credit standing using credit scoring, and may use information from, and supply information to, outside agencies for this. We will apply reasonable practices for administering your account based on the result of that scoring.
Changes to this Contract
15.1
If we amend this Contract, you will be notified on www.sky.com/skyanytimeonpc. Your first use of the Service after you have been notified of the new terms will constitute acceptance of such changes. If we amend this Contract and such change has a material effect on you to your detriment we will give you one months’ notice of such change in writing.
15.2
We may not change or add to this Contract in respect of any Event after you have ordered it.
Right to transfer the Contract and Third Parties
16.1
We can transfer our rights and obligations under this Contract to any company, firm or person. We can only do this if it does not affect your rights under this Contract. You may not transfer your right or obligations under this Contract to anyone else.
16.2
This Contract is personal to you and no third party is entitled to benefit under this Contract except pursuant to Paragraph 16.1.
Law
This Contract is governed by English Law. If your address is in the UK, all disputes will be dealt with by the courts in England and Wales or any other UK court that could lawfully deal with the case. If your address is in the Republic of Ireland, all disputes will be dealt with by the courts in England and Wales or in the Republic of Ireland.
IMPORTANT – Please read this Licence Agreement carefully before selecting that you have read and agree to the terms of this Licence Agreement and clicking "Agree".
This is a licence agreement between you and British Sky Broadcasting Ltd (whose registered office is at Grant Way, Isleworth, Middlesex, TW7 5QD ("Sky")) for the Sky Anytime on PC software including any associated software, materials and documentation (collectively the "Software") ("Licence Agreement"). By installing, copying, or otherwise using the Software, and by accepting any Software updates from time to time, you acknowledge that you have read and understood this Licence Agreement, and agree to be bound by its terms and conditions. If you do not agree to or cannot comply with the terms and conditions of this Licence Agreement, do not install, copy, and/or use the Software or any Content (as described below).
Licence to Use the Software
Subject to the terms of this Licence Agreement Sky grants you a limited, non-exclusive licence to use one copy of the Software on a single computer in accordance with the Sky Anytime on PC Subscription Contract only. The Software is in "use" on a computer when it is loaded into the computer’s temporary memory (i.e. RAM) or installed into permanent memory (e.g. the computer’s hard disk, CD-ROM, or other storage device).
Copyright and Intellectual Property
The Software contains and/or embodies copyright material, trade secrets, proprietary material and/or other intellectual property of Sky and/or its licensors. All right, title and ownership in the Software remains with Sky and/or its licensors, as applicable.
Restrictions
3.1
You will not and you will not assist any third party to:
3.2
You further agree that you will not tamper with the Software or undertake any activity intended to by-pass, modify, defeat or otherwise circumvent the proper and/or secure operation of the Software or any mechanisms operatively linked to the Software.
3.3
Sky has not granted a licence of the Software nor implied any right to commercially distribute content created or accessed with the Software in any broadcast systems (including terrestrial, satellite, cable, mobile and/or other distribution channels), streaming applications (including Internet, intranets and/or other networks), other content distribution systems (including pay-audio or audio-on-demand applications) or on physical media (including compact discs, digital versatile discs, semiconductor chips, hard drives, memory cards).
Authorised Use of Content
4.1
The Software may enable you to view, listen to, and/or read (as the case may be) video, images, music, text, and other material (the "Content"). The Content is owned by Sky or by third party broadcasters. You understand and acknowledge that the Content you obtain for use in connection with the Software (including any Content that may have been preloaded with the Software to your computer) will be subject to copyright law and limited by the terms and conditions set out in the Sky Anytime on PC Terms and Conditions.
4.2
You understand that the Software includes security components that permit digital information to be protected and used by Sky and/or Sky’s content providers. The Software also enables Sky to control your access to Content in accordance with the Sky Anytime on PC Terms and Conditions. Sky reserves the right to use the Software at any time to enforce the Sky Anytime on PC Terms and Conditions with or without notice to you.
Disclaimer of Warranties and Limitation of Liability
5.1
Except as required by law, Sky will not be responsible or liable for the fitness for a particular purpose of the Software, or for any loss or damage caused by:
5.2
Under no circumstances will Sky be liable for any unauthorised use of any Content, or any use of the Software to develop, distribute, or use any material that is defamatory, slanderous, libellous or obscene, that portrays any person in a false light, that constitutes an invasion of any right to privacy or an infringement of any right to publicity, that infringes any third party’s rights or that is contrary to any foreign, federal, state or local statute or regulation.
Broadcast Content and Links
Sky is not responsible for the accuracy, truth or reliability or legality of any product, information, opinions, representations, warranties, advice or other material provided by any third party broadcast partner or by any other third party participating in the Sky Anytime on PC service. Messages transmitted are the responsibility of the relevant broadcaster. Links to and in broadcaster’s websites are not under Sky’s control and Sky is not responsible for the content of any linked-to site or for any link contained in a linked-to site. Sky does not endorse any link on the Software.
Injunctive Relief
Because of the unique nature of the Software, you understand and agree that Sky will suffer irreparable damage in the event that you fail to comply with any of the terms of this Licence Agreement and that monetary damages may be inadequate to compensate Sky. Accordingly, you agree that Sky will, in addition to any other remedies available to us at law or in equity, be entitled to injunctive relief, without posting a bond, to enforce the terms of this Licence Agreement.
Termination
8.1
You may terminate this Licence Agreement at any time by giving us notice by completing a web form on www.sky.com/portal/site/skycom/feedback or by telephoning Sky Anytime on PC Customer Service on 08442 411 599.
8.2
Sky may terminate this Licence Agreement at any time by giving you one month’s notice in writing.
8.3
Sky may terminate this Licence Agreement immediately if you breach any term of this Licence Agreement.
8.4
If your Sky Anytime on PC Terms and Conditions terminate for any reason whatsoever, this Licence Agreement will terminate immediately.
8.5
Clauses 2, 3, 5, 7, 11 and this Clause 8 of this Licence Agreement will survive termination of this Licence Agreement.
Changes to this Licence Agreement
If Sky amends this Licence Agreement, you will be notified by email and those changes will also be set out on www.sky.com/skyanytimeonpc. Your first use of the Sky Anytime on PC service after you have been notified of the new terms will constitute acceptance of such changes.
Right to Transfer The Contract and Third Parties
10.1
Sky can transfer its rights and obligations under this Licence Agreement to any company, firm or person. Sky can only do this if it does not affect your rights under these terms and conditions. You may not transfer your right or obligations under this Licence Agreement to anyone else.
10.2
This Licence Agreement is personal to you and no third party is entitled to benefit under the Licence Agreement except pursuant to Clause 10.1.
Law
This Licence Agreement is governed by English Law. If you are resident in the UK, Channel Islands, or Isle of Man any disputes can be dealt with by the courts in England and Wales or any other United Kingdom court that could lawfully deal with the case.