BLUEFROG+ Terms Of Use
- Introduction: This website is operated by Blue Frog Studios. The terms “we”, “us”, and “our” refer to Blue Frog Studios. The use of our website is subject to the following terms and conditions of use, as amended from time to time (the “Terms”). The Terms are to be read together by you with any terms, conditions or disclaimers provided in the pages of our website. Please review the Terms carefully. The Terms apply to all users of our website, including without limitation, users who are browsers, customers, merchants, vendors and/or contributors of content. If you access and use this website, you accept and agree to be bound by and comply with the Terms and our Privacy Policy. If you do not agree to the Terms or our Privacy Policy, you are not authorized to access our website, use any of our website’s services or place an order on our website.
- Use of our Website: You agree to use our website for legitimate purposes and not for any illegal or unauthorized purpose, including without limitation, in violation of any intellectual property or privacy law. By agreeing to the Terms, you represent and warrant that you are at least the age of majority in your state or province of residence and are legally capable of entering into a binding contract. You agree to not use our website to conduct any activity that would constitute a civil or criminal offence or violate any law. You agree not to attempt to interfere with our website’s network or security features or to gain unauthorized access to our systems. You agree to provide us with accurate personal information, such as your email address, mailing address and other contact details in order to complete your order or contact you as needed. You agree to promptly update your account and information. You authorize us to collect and use this information to contact you in accordance with our Privacy Policy.
- General Conditions: We reserve the right to refuse service to anyone, at any time, for any reason. We reserve the right to make any modifications to the website, including terminating, changing, suspending or discontinuing any aspect of the website at any time, without notice. We may impose additional rules or limits on the use of our website. You agree to review the Terms regularly and your continued access or use of our website will mean that you agree to any changes. You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of our website or for any service, content, feature or product offered through our website.
- Products or Services: All purchases through our website are subject to product availability. We may, in our sole discretion, limit or cancel the quantities offered on our website or limit the sales of our products or services to any person, household, geographic region or jurisdiction. Prices for our products are subject to change, without notice. Unless otherwise indicated, prices displayed on our website are quoted in Canadian dollars. We reserve the right, in our sole discretion, to refuse orders, including without limitation, orders that appear to be placed by distributors or resellers. If we believe that you have made a false or fraudulent order, we will be entitled to cancel the order and inform the relevant authorities. We do not guarantee the accuracy of the colour or design of the products on our website. We have made efforts to ensure the colour and design of our products are displayed as accurately as possible on our website.
- Links to Third-Party Websites: Links from or to websites outside our website are meant for convenience only. We do not review, endorse, approve or control, and are not responsible for any sites linked from or to our website, the content of those sites, the third parties named therein, or their products and services. Linking to any other site is at your sole risk and we will not be responsible or liable for any damages in connection with linking. Links to downloadable software sites are for convenience only and we are not responsible or liable for any difficulties or consequences associated with downloading the software. Use of any downloaded software is governed by the terms of the license agreement, if any, which accompanies or is provided with the software.
- Use Comments, Feedback, and Other Submissions: You acknowledge that you are responsible for the information, profiles, opinions, messages, comments and any other content (collectively, the “Content”) that you post, distribute or share on or through our website or services available in connection with our website. You further acknowledge that you have full responsibility for the Content, including but limited to, with respect to its legality, and its trademark, copyright and other intellectual property ownership. You agree that any Content submitted by you in response to a request by us for a specific submission may be edited, adapted, modified, recreated, published, or distributed by us. You further agree that we are under no obligation to maintain any Content in confidence, to pay compensation for any Content or to respond to any Content. You agree that you will not post, distribute or share any Content on our website that is protected by copyright, trademark, patent or any other proprietary right without the express consent of the owner of such proprietary right. You further agree that your Content will not be unlawful, abusive or obscene nor will it contain any malware or computer virus that could affect our website’s operations. You will be solely liable for any Content that you make and its accuracy. We have no responsibility and assume no liability for any Content posted by you or any third-party. We reserve the right to terminate your ability to post on our website and to remove and/or delete any Content that we deem objectionable. You consent to such removal and/or deletion and waive any claim against us for the removal and/or deletion of your Content.
- Your Personal Information: Please see our Privacy Policy below to learn about how we collect, use, and share your personal information.
- Errors and Omissions: Please note that our website may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time, without prior notice (including after an order has been submitted). Such errors, inaccuracies or omissions may relate to product description, pricing, promotion and availability and we reserve the right to cancel or refuse any order placed based on incorrect pricing or availability information, to the extent permitted by applicable law. We do not undertake to update, modify or clarify information on our website, except as required by law.
- Disclaimer and Limitation of Liability: You assume all responsibility and risk with respect to your use of our website, which is provided “as is” without warranties, representations or conditions of any kind, either express or implied, with regard to information accessed from or via our website, including without limitation, all content and materials, and functions and services provided on our website, all of which are provided without warranty of any kind, including but not limited to warranties concerning the availability, accuracy, completeness or usefulness of content or information, uninterrupted access, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. We do not warrant that our website or its functioning or the content and material of the services made available thereby will be timely, secure, uninterrupted or error-free, that defects will be corrected, or that our websites or the servers that make our website available are free of viruses or other harmful components. The use of our website is at your sole risk and you assume full responsibility for any costs associated with your use of our website. We will not be liable for any damages of any kind related to the use of our website. In no event will we, or our affiliates, our or their respective content or service providers, or any of our or their respective directors, officers, agents, contractors, suppliers or employees be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action, or lost revenue, lost profits, lost business or sales, or any other type of damage, whether based in contract or tort (including negligence), strict liability or otherwise, arising from your use of, or the inability to use, or the performance of, our website or the content or material or functionality through our website, even if we are advised of the possibility of such damages. Certain jurisdictions do not allow limitation of liability or the exclusion or limitation of certain damages. In such jurisdictions, some or all of the above disclaimers, exclusions, or limitations, may not apply to you and our liability will be limited to the maximum extent permitted by law.
- Indemnification: You agree to defend and indemnify us, and hold us and our affiliates harmless,, and our and their respective directors, officers, agents, contractors, and employees against any losses, liabilities, claims, expenses (including legal fees) in any way arising from, related to or in connection with your use of our website, your violation of the Terms, or the posting or transmission of any materials on or through the website by you, including but not limited to, any third party claim that any information or materials provided by you infringe upon any third party proprietary rights.
- Entire Agreement: The Terms and any documents expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of the Terms and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and we acknowledge that, in entering into these Terms, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms, except as expressly stated in the Terms.
- Waiver: Our failure to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us is effective unless it is communicated to you in writing.
- Headings: Any headings and titles herein are for convenience only.
- Severability: If any of the provisions of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable, such provision will to that extent be severed from the remaining Terms, which will continue to be valid and enforceable to the fullest extent permitted by law.
- Governing Law: Any disputes arising out of or relating to the Terms, the Privacy Policy, use of our website, or our products or services offered on our website will be resolved in accordance with the laws of the Province of British Columbia without regard to its conflict of law rules. Any disputes, actions or proceedings relating to the Terms or your access to or use of our website must be brought before the courts of the Province of British Columbia in the City of White Rock, BC, and you irrevocably consent to the exclusive jurisdiction and venue of such courts.
- Direct Subscriptions: By establishing a Payment Method with us, you agree to pay the subscription fee on a periodic basis to access the Applications ("Subscription Fee"). To do so, you must be at least the age of majority in your state/province of residence and fully able and competent to enter into the terms and conditions of this Agreement, to subscribe to or purchase any third party products or other offerings provided through the Applications or otherwise made available for purchase. By agreeing to this Agreement, you accept and agree to be bound by this Agreement and to abide by all applicable laws with regard to your purchase and use of any applicable Applications or products, and you represent and certify that you are legally able to enter into any and all purchase agreements with us and our partners, vendors, agents, and service providers.
All prices posted on the Applications are subject to change without notice. Price increases will only apply to orders placed after such changes. Posted prices do not include applicable taxes. To the extent applicable, all such taxes will be added to your purchase total and will be itemized. The Subscription Fee will be billed at the time you establish your subscription, and on an ongoing basis unless you cancel your subscription. We reserve the right to change, limit, refuse, or cancel any order you place with us at our sole discretion. In the event we change or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address provided at the time the order was made. Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept the Payment Methods that are shown on the Applications or otherwise displayed during the checkout process for all purchases.
By entering into any transaction through the Applications, you represent and warrant that all information you provide is true, correct, and complete (including your Payment Method and billing address); that any credit card transactions submitted by you are authorized; that charges incurred by you will be honored by your credit card company; that you will pay charges incurred by you at the posted prices, including all applicable taxes, if any, regardless of the amount quoted on the Applications at the time of your order; and that you are the legal holder of any Payment Method used to enter into any transaction through the Applications. If, in our sole discretion, we determine that (i ) your Payment Method is not valid, (ii) a transaction is not authorized, (iii) your Payment Method cannot be processed or verified at the time of any charge, (iv) a charge is disputed for any reasons other than failure by us to deliver the product purchased by you, (v) you have abused or misused promotions or promotion codes, or (vi) you have otherwise used the Applications to enter into an improper transaction, we reserve the right to immediately terminate any pending transactions, suspend your access to the Applications, and terminate all of our obligations hereunder.
You may update your Payment Method or cancel your subscription anytime by accessing your account payments at BLUEFROG+
Please note access to the subscription content would end immediately upon cancelling your subscription. No refund for any remaining time left on the subscription period would be issued. - Questions or Concerns: Please send all questions, comments and feedback to us at [email protected]
Privacy Policy
We are committed to maintaining the accuracy, confidentiality, and security of your personally identifiable information ("Personal Information"). As part of this commitment, our privacy policy governs our actions as they relate to the collection, use and disclosure of Personal Information. Our privacy policy is based upon the values set by the Canadian Standards Association's Model Code for the Protection of Personal Information and Canada's Personal Information Protection and Electronic Documents Act.
- Introduction: We are responsible for maintaining and protecting the Personal Information under our control. We have designated an individual or individuals who is/are responsible for compliance with our privacy policy.
- Identifying Purposes: We collect, use and disclose Personal Information to provide you with the product or service you have requested and to offer you additional products and services we believe you might be interested in. The purposes for which we collect Personal Information will be identified before or at the time we collect the information. In certain circumstances, the purposes for which information is collected may be clear, and consent may be implied, such as where your name, address and payment information is provided as part of the order process.
- Consent: Knowledge and consent are required for the collection, use or disclosure of Personal Information except where required or permitted by law. Providing us with your Personal Information is always your choice. However, your decision not to provide certain information may limit our ability to provide you with our products or services. We will not require you to consent to the collection, use, or disclosure of information as a condition to the supply of a product or service, except as required to be able to supply the product or service.
- Limiting Collection: The Personal Information collected will be limited to those details necessary for the purposes identified by us. With your consent, we may collect Personal Information from you in person, over the telephone or by corresponding with you via mail, facsimile, or the Internet.
- Limiting Use, Disclosure and Retention: Personal Information may only be used or disclosed for the purpose for which it was collected unless you have otherwise consented, or when it is required or permitted by law. Personal Information will only be retained for the period of time required to fulfill the purpose for which we collected it or as may be required by law. [If applicable, include a description of any parties with whom you may share Personal Information.]
- Accuracy: Personal Information will be maintained in as accurate, complete and up-to-date form as is necessary to fulfill the purposes for which it is to be used.
- Safeguarding Customer Information: Personal Information will be protected by security safeguards that are appropriate to the sensitivity level of the information. We take all reasonable precautions to protect your Personal Information from any loss or unauthorized use, access or disclosure.
- Openness: We will make information available to you about our policies and practices with respect to the management of your Personal Information.
- Customer Access: Upon request, you will be informed of the existence, use and disclosure of your Personal Information, and will be given access to it. You may verify the accuracy and completeness of your Personal Information, and may request that it be amended, if appropriate. However, in certain circumstances permitted by law, we will not disclose certain information to you. For example, we may not disclose information relating to you if other individuals are referenced or if there are legal, security or commercial proprietary restrictions.
- Handling Customer Complaints and Suggestions: You may direct any questions or inquiries with respect to our privacy policy or our practices by contacting Blue Frog Studios via email at [email protected]
ADDITIONAL INFORMATION
Cookies: Cookies are small data files that a website you visit may save on your computer or handheld device that usually includes an anonymous unique identifier. We may use cookies to improve our website’s functionality and in some cases, to provide visitors with a customized online experience. Cookies are widely used and most web browsers are configured initially to accept cookies automatically. You may change your Internet browser settings to prevent your computer from accepting cookies or to notify you when you receive a cookie so that you may decline its acceptance. Please note, however, if you disable cookies, you may not experience optimal performance of our website. Our Website and those of our Products may use cookies for user authentication, keeping track of your preferences, promotional campaigns, tracking our audience size and traffic patterns, and in certain other cases. We may include small graphic images in our email messages and newsletters to determine whether the messages were opened and the links were viewed.
Other Websites: Our website may contain links to other third party sites that are not governed by this privacy policy. Although we endeavour to only link to sites with high privacy standards, our privacy policy will no longer apply once you leave our website. Additionally, we are not responsible for the privacy practices employed by third party websites. Therefore, we suggest that you examine the privacy statements of those sites to learn how your information may be collected, used, shared and disclosed.
Cookies: Cookies are small data files that a website you visit may save on your computer or handheld device that usually includes an anonymous unique identifier. We may use cookies to improve our website’s functionality and in some cases, to provide visitors with a customized online experience. Cookies are widely used and most web browsers are configured initially to accept cookies automatically. You may change your Internet browser settings to prevent your computer from accepting cookies or to notify you when you receive a cookie so that you may decline its acceptance. Please note, however, if you disable cookies, you may not experience optimal performance of our website. Our Website and those of our Products may use cookies for user authentication, keeping track of your preferences, promotional campaigns, tracking our audience size and traffic patterns, and in certain other cases. We may include small graphic images in our email messages and newsletters to determine whether the messages were opened and the links were viewed.
Other Websites: Our website may contain links to other third party sites that are not governed by this privacy policy. Although we endeavour to only link to sites with high privacy standards, our privacy policy will no longer apply once you leave our website. Additionally, we are not responsible for the privacy practices employed by third party websites. Therefore, we suggest that you examine the privacy statements of those sites to learn how your information may be collected, used, shared and disclosed.
JW Player and InPlayer Terms Of Use
1. ACCEPTING THESE TERMS
This document and the other documents that we reference below make up our house rules, or what we officially call our Terms and Conditions (the “Terms”).
These Terms set out your rights and responsibilities when you view, access or use the InPlayer paywall platform (the “Platform”) and related online services provided through the Platform (the “Services”) in connection with the purchase of access to certain copyrighted content, materials and proprietary information (“Premium Content”) made available by third party owners of such Premium Content (a “Content Provider”) on their website (the “Content Provider Site”). The Platform and the Services collectively are referred to as the “Offering”.
The Platform is owned by JWDP UK Ltd, a company registered in England and Wales with company number 14407943 and having its registered address at 3rd Floor 1 Ashley Road, Altrincham, Cheshire, United Kingdom, WA14 2DT (“JW Player”), and for the purpose of these Terms, the terms “we”, “us”, “our”, refers to JW Player. “You” refers to you, as a “User” of the Offering (or any part thereof).
BY ACCESSING AND USING ANY PART OF THE OFFERING, YOU ARE ACKNOWLEDGING THAT YOU ARE EITHER 18 YEARS OF AGE OR HAVE THE CONSENT OF A LEGAL PARENT OR GUARDIAN, AND THAT YOU HAVE READ, UNDERSTOOD, AND ARE AGREEING TO BE BOUND BY THESE TERMS. IF YOU DON’T AGREE WITH THE TERMS, YOU MAY NOT USE ANY PART OF THE OFFERING.
Although we may attempt to notify you if any major changes are made to these Terms, you agree that each visit to the Platform shall be subject to the then-current Terms available on the Platform. Accordingly, you should check these Terms periodically for changes prior to using the Platform.
When you purchase Premium Content from us, you are agreeing to these Terms.
2. ADDITIONAL TERMS
In addition to these Terms, you may also be subject to certain additional terms:
a. Content Provider Terms. The Content Provider may require you to accept their own set of terms and conditions available on the Content Provider Site which will govern your use of and access to any Premium Content originating from that Content Provider.
b. Third Party Software Terms. In order to view certain Premium Content, you may also be required to download and install certain third party software products. All right, title and interest in such third party software is retained by the applicable third party provider. The downloading, use and installation of such third party software products may be subject to additional terms and conditions set forth in an end user licence agreement available on the applicable third party website, which you will be required to review and affirmatively accept prior to and as a condition of your downloading, installation and use of the third party software.
3. JW PLAYER ACCOUNT
a. Your User Account with JW Player. In most cases, you’ll need to create a user account with JW Player to use our Offering to purchase and access Premium Content made available by a Content Provider (a “User Account”).
b. Managing your User Account. You can access, edit and update your User Account information at any time by logging in to the Platform via the relevant Content Provider Site and clicking the “Account” button. If you don’t see the “Account” button, look for a “Profile”, “My Account” or similar button on the Content Provider Site in the navigation menu.
c. Rules about your User Account. There are a few rules about the User Account you create:
(i) Be honest with us.Make sure to provide accurate information about yourself. It’s not OK to use false information or impersonate another person or company through your User Account.
(ii) You are responsible for your account. You’re solely responsible for any activity on your User Account, so please make sure that all the information you’ve used to create your User Account will be kept accurate and up-to-date.
(iii) Protect your account. As we mentioned above, you’re solely responsible for any activity on your User Account, so it’s important to keep your User Account password secure and not share it with any third parties.
(iv) What to do if you think someone is impersonating you.If you, as a User have a reason to believe that your User Account details have been obtained by another User without consent, immediately contact JW Player to suspend your User Account and cancel any unauthorised payments or subscriptions that may be pending. In case an unauthorised use is made before you notify us of the unauthorised nature of the order or payment, JW Player will suspend access to the Offering and withdraw any scheduled payments pending investigation. We will begin an investigation, after which we will be able to determine whether or not to cancel access to the Offering and make a full or partial refund of the payment to you.
4. ORDER PROCESS
a. Acceptance of your order. We will send you an email acknowledging receipt of your order for Premium Content once you have made a payment and your order will be deemed accepted when we give you access to such Premium Content. Depending on the type of Premium Content you have purchased, your access may be time-limited; where that is the case, we will inform you of the applicable time period.
b. Access purchase issues. In case your access purchase is not processed for some reason (for example your card doesn’t have enough balance or expired) we will let you know so the issue can be solved and you get your access as soon as possible.
5. ACCESS TO OFFERING
a. Ownership in the Offering. The Platform and the copyrighted text, software, graphics, photos, interactive features, logos, trademarks and other proprietary materials and information provided thereon, including the Premium Content that you have purchased through the Platform (collectively the “Platform Content”) is owned or controlled by, or licensed to, JW Player or the Content Provider. JW Player reserves all rights not expressly granted in and to the Platform and the Platform Content on behalf of itself or its licensors (including its Content Providers).
b. License to the Offering. We grant you a limited, non-exclusive, non-transferable, and revocable license to access, use and display the Platform and the Platform Content, subject to these Terms and the following restrictions:
(i) Don’t use our services to break the law. You agree that you will not violate any laws in connection with your use of the Offering. This includes any local, state, federal, and international laws that may apply to you. You will also not use the Platform to store or transmit any content that infringes upon any person’s intellectual property rights.
(ii) Don’t steal anything from our Content Providers. You agree not to download, decipher, decompile, “crawl,” “scrape,” or “spider” any page of the Platform or to reverse engineer or attempt to obtain the source code of the Platform. These restrictions shall not apply to Premium Content made available by a particular Content Provider where you can download their Premium Content, using the Offering as intended.
(iii) Don’t try to harm our systems. You agree not to interfere with or try to disrupt the Offering, for example by distributing a virus or other harmful computer code.
(iv) Other limitations. You agree not to:
a. distribute in any medium any part of the Platform (including any Premium Content purchased by you) without JW Player’s prior written consent;
b. alter or modify any portion of the Platform (including any Premium Content purchased by you);
c. copy, reproduce, distribute, display portions of, or link to this Platform or any Platform Content contained hereon for commercial purposes without JW Player’s prior express written consent (including, but not limited to, the sale of advertising on the Platform, or the use of the Platform to generate advertising or subscription revenue) or the consent of the relevant Content Provider, as applicable; and/or
d. reproduce, distribute, modify, copy, publish, display, transmit, adapt, upload, create derivative works of, post or in any way exploit the Platform or the Platform Content in any manner or for any purpose, except as expressly permitted under these Terms.
c. Suspension of service. JW Player will use all reasonable endeavours to provide the Offering on an error-free basis and without interruption. Notwithstanding, JW Player, does not provide any guarantee that provision of the Offering will be error-free or without interruption and reserves the right to alter or suspend provision of the Offering in order to: (a) deal with technical problems or make minor technical changes, (b) update the Offering to reflect changes in relevant laws and regulatory requirements, or (c) make any changes to the Offering (see paragraph e below). We will contact you in advance to tell you we’re suspending the Offering, unless the problem is urgent or an emergency.
d. JW Player right to remove Premium Content. If we reasonably believe that any Premium Content (1) is in breach of these Terms, or (2) may cause harm to JW Player, the users of the Offering, or any third parties, we reserve the right to remove or take down some or all of such Premium Content. Where reasonably practicable, we will give you prior notice of the removal of any such Premium Content which you have purchased, along with the reason for our action, unless we reasonably believe that to do so: (a) would violate the law or the direction of a legal enforcement authority, or would otherwise risk legal liability for JW Player; (b) would compromise an investigation or the integrity or operation of the Offering; or (c) would cause harm to any user, other third party, or to JW Player.
e. JW Player’s right to make changes to the Offering.
(i) We always have the right to change the Offering to: (a) reflect changes in relevant laws and regulatory requirements, (b) implement minor technical adjustments and improvements, for example to address a security threat; and (c) update Premium Content, provided that the Premium Content always matches the description of it that was provided to you before you purchased it.
(ii) In addition, we can also make the following types of changes to the Offering or these Terms, but if we do so we will notify you and you can then contact our Support Center if you wish to end the contract before the changes take effect, and receive a refund for any Premium Content that you’ve paid for in advance, but not yet received.
f. Links to third party websites and/or materials. Links will appear on the Platform that are used to link to third party website(s) (including the websites of our Content Providers) which are not owned or operated by JW Player (“Linked Sites“). JW Player reserves the right to add, change, or remove any link at any time. Each Linked Site may have an individual privacy policy and/or terms of use which govern your use of and access to such Linked Site and any Premium Content originating from the owner or operator of such Linked Site, and we recommend that you review the policies applicable to these sites prior to your use of such Linked Site. JW Player is not responsible for and does not endorse or warrant in any way any content, materials, information, goods or services available through Linked Sites or any privacy or other practices of such Linked Sites.
6. PAYMENTS
a. Fees.
(i) You agree to pay the charges or subscription fees incurred in connection with your User Account at the rates in effect and as notified to you at the time of making a purchase of Premium Content.
(ii) The Content Provider who has made the Premium Content available reserves the right to adjust the price and terms for their access models in any manner and at any time as they may determine in their sole and absolute discretion. If the Content Provider decides to change the price of your subscription, you will be notified via email before the price change takes effect and this will not affect any previously purchased Premium Content. You will also have the right to terminate these Terms before such change comes into effect by electing not to renew your subscription.
b. Payment methods. You can make a payment or start a subscription by using different payment methods, made available through third party payment providers available via the Platform. You should be aware that the available payment methods may vary depending on the Content Provider that is providing the Premium Content you wish to purchase.
c. Subscriptions.
(i) If you choose to start a subscription plan for any Premium Content, your subscription will start on the date of your purchase when we will send you an email confirming that your subscription has been activated. Your subscription will expire one calendar date before the end of your initial term, or any renewal term. For example, if your subscription commences on 1 January and it is for one month, it will expire on 31 January.
(ii) If you purchase a subscription for Premium Content through the Platform, by consenting to these Terms, you hereby authorize JW Player to charge you the applicable subscription fee at the then-current rate on a recurring basis (depending on your chosen subscription package), using the payment method you have used for the original payment.
(iii) You will have the right to cancel your subscription at any time, including after a renewal, by contacting our Support Center. Your access to the applicable Premium Content will end with effect from the termination date.
(iv) You may not assign or transfer your subscription to any other person or entity. You must be at least 18 years old (or have the permission of a credit card holder who is) to order a subscription online.
7. REFUNDS
a. Refund policies are specific to the Content Provider. Each Content Provider will have its own refund policies which should be available on the Content Provider Site and which we will seek to implement. If you are having trouble locating such refund policies, please don’t hesitate to contact us via our Support Center.
b. JW Player’s refund policy.
a. To make sure that as a User, you are protected by JW Player, we also have our own refund policy.
b. Request for refunds can be made within 72 hours from the original transaction.
c. You will be granted a refund within72 hours after the refund request was submitted, in the same payment method of the original payment, where:
i. You have made a duplicate purchase using the same email address.
ii. The availability of the Premium Content you have purchased was cancelled.
iii. The Premium Content wasn’t published by the Content Provider.
iv. More than 80% of the Premium Content delivery had quality issues (no sound, or poor sound and video quality) not due to any technical issue related to you.
v. The Premium Content was misleading – the description didn’t relate to the actual Premium Content.
d. JW Player will not issue refunds if you were prevented from accessing the Premium Content due to reasons attributable to you.
e. The Content Provider will always have the final say in whether your refund request is approved.
8. TERMINATION OF THESE TERMS
a. Your right to change your mind. You have fourteen (14) days after the date we confirm your order to change your mind about a purchase, but you will lose this right when you start to download or stream the Premium Content. If you want to exercise your right to change your mind, please contact our Support Center. We will refund you for any payments made as soon as possible and within fourteen (14) days of you telling us you’ve changed your mind. We will refund you by the method you used for payment. We don’t charge a fee for the refund.
b. JW Player’s right to end the contract with you. We have the right to end this contract with you and claim any compensation due if:
a. You don’t make any payment to us when it’s due and you still don’t make payment within twenty (20) days of us reminding you that payment is due;
b. You don’t, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the product.
9. WHAT TO DO IF THERE IS SOMETHING WRONG WITH THE PREMIUM CONTENT
If you think there is something wrong with the Premium Content, you must contact our Support Center.
10. WHAT JW PLAYER IS LIABLE FOR
We will be responsible for losses you suffer caused by us breaking this contract unless the loss is:
a. Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
b. Avoidable. Something you could have avoided by taking reasonable action. For example, damage to your own digital content or device, which was caused by Premium Content we supplied to you and which you could have avoided by following our advice to apply a free update or by correctly following the installation instructions or having the minimum system requirements advised by us.
11. WE’RE NOT RESPONSIBLE FOR DELAYS OUTSIDE OUR CONTROL
If our supply of Premium Content is delayed by an event outside our control, will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won’t compensate you for the delay, but if the delay is likely to be substantial you can contact our Support Center to end the contract and receive a refund for any Premium Content you have paid for in advance, but not received.
12. DISPUTE RESOLUTION OPTIONS
a. Complaints. Our Support Center will do their best to resolve any problems you have with us or our Offering (including the Premium Content).
b. You can go to court. These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.
13. OTHER IMPORTANT TERMS
a. We can transfer our contract with you, so that a different organization is responsible for supplying your product. We’ll tell you in writing if this happens and we’ll ensure that the transfer won’t affect your rights under the contract. If you’re unhappy with the transfer you can contact our Support Center to end the contract within 30 days of us telling you about it and we will refund you any payments you’ve made in advance for Premium Content not provided.
b. You can only transfer your contract with us to someone else if we agree to this.
c. Nobody else has any rights under this contract. This contract is between you and JW Player. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
d. If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
e. Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you’re not allowed to, but that doesn’t mean we can’t do it later.
This document and the other documents that we reference below make up our house rules, or what we officially call our Terms and Conditions (the “Terms”).
These Terms set out your rights and responsibilities when you view, access or use the InPlayer paywall platform (the “Platform”) and related online services provided through the Platform (the “Services”) in connection with the purchase of access to certain copyrighted content, materials and proprietary information (“Premium Content”) made available by third party owners of such Premium Content (a “Content Provider”) on their website (the “Content Provider Site”). The Platform and the Services collectively are referred to as the “Offering”.
The Platform is owned by JWDP UK Ltd, a company registered in England and Wales with company number 14407943 and having its registered address at 3rd Floor 1 Ashley Road, Altrincham, Cheshire, United Kingdom, WA14 2DT (“JW Player”), and for the purpose of these Terms, the terms “we”, “us”, “our”, refers to JW Player. “You” refers to you, as a “User” of the Offering (or any part thereof).
BY ACCESSING AND USING ANY PART OF THE OFFERING, YOU ARE ACKNOWLEDGING THAT YOU ARE EITHER 18 YEARS OF AGE OR HAVE THE CONSENT OF A LEGAL PARENT OR GUARDIAN, AND THAT YOU HAVE READ, UNDERSTOOD, AND ARE AGREEING TO BE BOUND BY THESE TERMS. IF YOU DON’T AGREE WITH THE TERMS, YOU MAY NOT USE ANY PART OF THE OFFERING.
Although we may attempt to notify you if any major changes are made to these Terms, you agree that each visit to the Platform shall be subject to the then-current Terms available on the Platform. Accordingly, you should check these Terms periodically for changes prior to using the Platform.
When you purchase Premium Content from us, you are agreeing to these Terms.
2. ADDITIONAL TERMS
In addition to these Terms, you may also be subject to certain additional terms:
a. Content Provider Terms. The Content Provider may require you to accept their own set of terms and conditions available on the Content Provider Site which will govern your use of and access to any Premium Content originating from that Content Provider.
b. Third Party Software Terms. In order to view certain Premium Content, you may also be required to download and install certain third party software products. All right, title and interest in such third party software is retained by the applicable third party provider. The downloading, use and installation of such third party software products may be subject to additional terms and conditions set forth in an end user licence agreement available on the applicable third party website, which you will be required to review and affirmatively accept prior to and as a condition of your downloading, installation and use of the third party software.
3. JW PLAYER ACCOUNT
a. Your User Account with JW Player. In most cases, you’ll need to create a user account with JW Player to use our Offering to purchase and access Premium Content made available by a Content Provider (a “User Account”).
b. Managing your User Account. You can access, edit and update your User Account information at any time by logging in to the Platform via the relevant Content Provider Site and clicking the “Account” button. If you don’t see the “Account” button, look for a “Profile”, “My Account” or similar button on the Content Provider Site in the navigation menu.
c. Rules about your User Account. There are a few rules about the User Account you create:
(i) Be honest with us.Make sure to provide accurate information about yourself. It’s not OK to use false information or impersonate another person or company through your User Account.
(ii) You are responsible for your account. You’re solely responsible for any activity on your User Account, so please make sure that all the information you’ve used to create your User Account will be kept accurate and up-to-date.
(iii) Protect your account. As we mentioned above, you’re solely responsible for any activity on your User Account, so it’s important to keep your User Account password secure and not share it with any third parties.
(iv) What to do if you think someone is impersonating you.If you, as a User have a reason to believe that your User Account details have been obtained by another User without consent, immediately contact JW Player to suspend your User Account and cancel any unauthorised payments or subscriptions that may be pending. In case an unauthorised use is made before you notify us of the unauthorised nature of the order or payment, JW Player will suspend access to the Offering and withdraw any scheduled payments pending investigation. We will begin an investigation, after which we will be able to determine whether or not to cancel access to the Offering and make a full or partial refund of the payment to you.
4. ORDER PROCESS
a. Acceptance of your order. We will send you an email acknowledging receipt of your order for Premium Content once you have made a payment and your order will be deemed accepted when we give you access to such Premium Content. Depending on the type of Premium Content you have purchased, your access may be time-limited; where that is the case, we will inform you of the applicable time period.
b. Access purchase issues. In case your access purchase is not processed for some reason (for example your card doesn’t have enough balance or expired) we will let you know so the issue can be solved and you get your access as soon as possible.
5. ACCESS TO OFFERING
a. Ownership in the Offering. The Platform and the copyrighted text, software, graphics, photos, interactive features, logos, trademarks and other proprietary materials and information provided thereon, including the Premium Content that you have purchased through the Platform (collectively the “Platform Content”) is owned or controlled by, or licensed to, JW Player or the Content Provider. JW Player reserves all rights not expressly granted in and to the Platform and the Platform Content on behalf of itself or its licensors (including its Content Providers).
b. License to the Offering. We grant you a limited, non-exclusive, non-transferable, and revocable license to access, use and display the Platform and the Platform Content, subject to these Terms and the following restrictions:
(i) Don’t use our services to break the law. You agree that you will not violate any laws in connection with your use of the Offering. This includes any local, state, federal, and international laws that may apply to you. You will also not use the Platform to store or transmit any content that infringes upon any person’s intellectual property rights.
(ii) Don’t steal anything from our Content Providers. You agree not to download, decipher, decompile, “crawl,” “scrape,” or “spider” any page of the Platform or to reverse engineer or attempt to obtain the source code of the Platform. These restrictions shall not apply to Premium Content made available by a particular Content Provider where you can download their Premium Content, using the Offering as intended.
(iii) Don’t try to harm our systems. You agree not to interfere with or try to disrupt the Offering, for example by distributing a virus or other harmful computer code.
(iv) Other limitations. You agree not to:
a. distribute in any medium any part of the Platform (including any Premium Content purchased by you) without JW Player’s prior written consent;
b. alter or modify any portion of the Platform (including any Premium Content purchased by you);
c. copy, reproduce, distribute, display portions of, or link to this Platform or any Platform Content contained hereon for commercial purposes without JW Player’s prior express written consent (including, but not limited to, the sale of advertising on the Platform, or the use of the Platform to generate advertising or subscription revenue) or the consent of the relevant Content Provider, as applicable; and/or
d. reproduce, distribute, modify, copy, publish, display, transmit, adapt, upload, create derivative works of, post or in any way exploit the Platform or the Platform Content in any manner or for any purpose, except as expressly permitted under these Terms.
c. Suspension of service. JW Player will use all reasonable endeavours to provide the Offering on an error-free basis and without interruption. Notwithstanding, JW Player, does not provide any guarantee that provision of the Offering will be error-free or without interruption and reserves the right to alter or suspend provision of the Offering in order to: (a) deal with technical problems or make minor technical changes, (b) update the Offering to reflect changes in relevant laws and regulatory requirements, or (c) make any changes to the Offering (see paragraph e below). We will contact you in advance to tell you we’re suspending the Offering, unless the problem is urgent or an emergency.
d. JW Player right to remove Premium Content. If we reasonably believe that any Premium Content (1) is in breach of these Terms, or (2) may cause harm to JW Player, the users of the Offering, or any third parties, we reserve the right to remove or take down some or all of such Premium Content. Where reasonably practicable, we will give you prior notice of the removal of any such Premium Content which you have purchased, along with the reason for our action, unless we reasonably believe that to do so: (a) would violate the law or the direction of a legal enforcement authority, or would otherwise risk legal liability for JW Player; (b) would compromise an investigation or the integrity or operation of the Offering; or (c) would cause harm to any user, other third party, or to JW Player.
e. JW Player’s right to make changes to the Offering.
(i) We always have the right to change the Offering to: (a) reflect changes in relevant laws and regulatory requirements, (b) implement minor technical adjustments and improvements, for example to address a security threat; and (c) update Premium Content, provided that the Premium Content always matches the description of it that was provided to you before you purchased it.
(ii) In addition, we can also make the following types of changes to the Offering or these Terms, but if we do so we will notify you and you can then contact our Support Center if you wish to end the contract before the changes take effect, and receive a refund for any Premium Content that you’ve paid for in advance, but not yet received.
f. Links to third party websites and/or materials. Links will appear on the Platform that are used to link to third party website(s) (including the websites of our Content Providers) which are not owned or operated by JW Player (“Linked Sites“). JW Player reserves the right to add, change, or remove any link at any time. Each Linked Site may have an individual privacy policy and/or terms of use which govern your use of and access to such Linked Site and any Premium Content originating from the owner or operator of such Linked Site, and we recommend that you review the policies applicable to these sites prior to your use of such Linked Site. JW Player is not responsible for and does not endorse or warrant in any way any content, materials, information, goods or services available through Linked Sites or any privacy or other practices of such Linked Sites.
6. PAYMENTS
a. Fees.
(i) You agree to pay the charges or subscription fees incurred in connection with your User Account at the rates in effect and as notified to you at the time of making a purchase of Premium Content.
(ii) The Content Provider who has made the Premium Content available reserves the right to adjust the price and terms for their access models in any manner and at any time as they may determine in their sole and absolute discretion. If the Content Provider decides to change the price of your subscription, you will be notified via email before the price change takes effect and this will not affect any previously purchased Premium Content. You will also have the right to terminate these Terms before such change comes into effect by electing not to renew your subscription.
b. Payment methods. You can make a payment or start a subscription by using different payment methods, made available through third party payment providers available via the Platform. You should be aware that the available payment methods may vary depending on the Content Provider that is providing the Premium Content you wish to purchase.
c. Subscriptions.
(i) If you choose to start a subscription plan for any Premium Content, your subscription will start on the date of your purchase when we will send you an email confirming that your subscription has been activated. Your subscription will expire one calendar date before the end of your initial term, or any renewal term. For example, if your subscription commences on 1 January and it is for one month, it will expire on 31 January.
(ii) If you purchase a subscription for Premium Content through the Platform, by consenting to these Terms, you hereby authorize JW Player to charge you the applicable subscription fee at the then-current rate on a recurring basis (depending on your chosen subscription package), using the payment method you have used for the original payment.
(iii) You will have the right to cancel your subscription at any time, including after a renewal, by contacting our Support Center. Your access to the applicable Premium Content will end with effect from the termination date.
(iv) You may not assign or transfer your subscription to any other person or entity. You must be at least 18 years old (or have the permission of a credit card holder who is) to order a subscription online.
7. REFUNDS
a. Refund policies are specific to the Content Provider. Each Content Provider will have its own refund policies which should be available on the Content Provider Site and which we will seek to implement. If you are having trouble locating such refund policies, please don’t hesitate to contact us via our Support Center.
b. JW Player’s refund policy.
a. To make sure that as a User, you are protected by JW Player, we also have our own refund policy.
b. Request for refunds can be made within 72 hours from the original transaction.
c. You will be granted a refund within72 hours after the refund request was submitted, in the same payment method of the original payment, where:
i. You have made a duplicate purchase using the same email address.
ii. The availability of the Premium Content you have purchased was cancelled.
iii. The Premium Content wasn’t published by the Content Provider.
iv. More than 80% of the Premium Content delivery had quality issues (no sound, or poor sound and video quality) not due to any technical issue related to you.
v. The Premium Content was misleading – the description didn’t relate to the actual Premium Content.
d. JW Player will not issue refunds if you were prevented from accessing the Premium Content due to reasons attributable to you.
e. The Content Provider will always have the final say in whether your refund request is approved.
8. TERMINATION OF THESE TERMS
a. Your right to change your mind. You have fourteen (14) days after the date we confirm your order to change your mind about a purchase, but you will lose this right when you start to download or stream the Premium Content. If you want to exercise your right to change your mind, please contact our Support Center. We will refund you for any payments made as soon as possible and within fourteen (14) days of you telling us you’ve changed your mind. We will refund you by the method you used for payment. We don’t charge a fee for the refund.
b. JW Player’s right to end the contract with you. We have the right to end this contract with you and claim any compensation due if:
a. You don’t make any payment to us when it’s due and you still don’t make payment within twenty (20) days of us reminding you that payment is due;
b. You don’t, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the product.
9. WHAT TO DO IF THERE IS SOMETHING WRONG WITH THE PREMIUM CONTENT
If you think there is something wrong with the Premium Content, you must contact our Support Center.
10. WHAT JW PLAYER IS LIABLE FOR
We will be responsible for losses you suffer caused by us breaking this contract unless the loss is:
a. Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
b. Avoidable. Something you could have avoided by taking reasonable action. For example, damage to your own digital content or device, which was caused by Premium Content we supplied to you and which you could have avoided by following our advice to apply a free update or by correctly following the installation instructions or having the minimum system requirements advised by us.
11. WE’RE NOT RESPONSIBLE FOR DELAYS OUTSIDE OUR CONTROL
If our supply of Premium Content is delayed by an event outside our control, will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won’t compensate you for the delay, but if the delay is likely to be substantial you can contact our Support Center to end the contract and receive a refund for any Premium Content you have paid for in advance, but not received.
12. DISPUTE RESOLUTION OPTIONS
a. Complaints. Our Support Center will do their best to resolve any problems you have with us or our Offering (including the Premium Content).
b. You can go to court. These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.
13. OTHER IMPORTANT TERMS
a. We can transfer our contract with you, so that a different organization is responsible for supplying your product. We’ll tell you in writing if this happens and we’ll ensure that the transfer won’t affect your rights under the contract. If you’re unhappy with the transfer you can contact our Support Center to end the contract within 30 days of us telling you about it and we will refund you any payments you’ve made in advance for Premium Content not provided.
b. You can only transfer your contract with us to someone else if we agree to this.
c. Nobody else has any rights under this contract. This contract is between you and JW Player. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
d. If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
e. Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you’re not allowed to, but that doesn’t mean we can’t do it later.
Returns, Refunds & Exchanges
- All products are sold “as is”. You assume the responsibility for your purchase, and no refunds will be issued.
- Cancel your subscription at any time.
- Your credit card is charged at the beginning of your billing period and will automatically renew each subscription period (monthly or yearly) unless you cancel beforehand.
- Once cancelled, you lose access to content immediately. There will be no adjustment or refunds for portions of the subscription period remaining in the billing cycle.
