1 Terms and Conditions
1.1 Acceptance of Terms and Conditions
Your use of the Website and your use and/or purchase of The Canary Room TV Products and Services whether accessed via the Website or any other Device is at all times subject to these Terms and Conditions as applicable (which forms a legally binding contract between you and us) and all applicable laws. By accessing this Website or using and/or purchasing The Canary Room TV Products and Services, you agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, do not use this Website and do not use and/or purchase The Canary Room TV Products and Services.
1.2 Changes to Terms and Conditions
We reserve the right, from time to time, with or without notice to you, to change these Terms and Conditions at our sole discretion. The Terms and Conditions applicable to your access to and use of this Website and your use and/or purchase of The Canary Room TV Products and Services will be the version that is current and displayed on this Website as at each date you access this Website or use and/or purchase The Canary Room TV Products and Services (as applicable). Your use of this Website or your use and/or purchase of The Canary Room TV Products and Services after changes are made means that you agree to be bound by such changes.
1.3 Membership and Billing
You can find the specific details regarding your subscription with The Canary Room TV including your next billing date, at any time by clicking on the relevant section of the website.
2 Joining Us - Minimum Criteria
2.1 Minimum Criteria
To become a Member of The Canary Room TV or use or purchase any of The Canary Room TV Products and Services, as a minimum:
you must be at least 18 years of age. Persons under the age of 18 are not permitted to join The Canary Room TV;
you agree to provide us with personal details (including your name and email address), that are true and current, and you agree to update us (through the "My account" section of this Website) if at any time your personal details change by updating the relevant sections of the website.
2.2 Refusal of application
We may refuse any application to become a The Canary Room Member or purchase any of The Canary Room TV Products and Services for any reason whatsoever. Please note that by supplying your e-mail address on joining us you grant us permission to contact you via e-mail regarding your account and any special offers or promotions that we may offer you from time to time.
3 Membership of and Subscription to The Canary Room TV
3.1 Becoming a Subscription Member
Provided that you meet the Minimum Criteria (see clause 2 (Joining Us - Minimum Criteria) above), you may register as a The Canary Room TV registered user of the Website for a charge of £6 a month (a "Member"). To become a Member you need to go to the relevant section of this Website, then submit your email address to The Canary Room TV and create a password to be used in conjunction with that email address. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer.
3.2 Access to and filtering of Content
Some of the content provided on this Website may not be suitable for anyone under 18 years of age. Access to such content is disabled by default and not accessible to non-registered users.
3.3 Subscription Membership
As a The Canary RoomTV Website Subscription Member you will receive access to certain sections, features and functions of the Website that are not available to non-members.
3.4 The Canary Rooms TV's Products and Services:
The Canary TV's Products and Services include:
the Watch Online Service ("the show").
3.5 Other Terms and Conditions, Rules incorporated
Any terms and conditions, additional usage rules or similar on this Website or on a Device relating to any The Canary Room TV Product and Service that you use and/or purchase from us are deemed to be incorporated into these Terms and Conditions.
3.6 Changing fees and charges
We may at any time and from time to time, in our sole discretion, change the fees and charges, or add new fees and charges, in relation to any of The Canary Rooms TV's Products and Services. We will notify subscribers by email at least 30 days in advance of any such change. If you do not agree to the change, you may cancel your membership online through the "My account" section of the Website.
4 Billing Starts unless you Cancel
We will begin billing you at the end of your discounted trial, and thereafter on prescribed intervals, monthly unless otherwise indicated, for The Canary RoomTV Service, unless you cancel prior to the end of your free trial. We will continue to bill you by your chosen payment method for The Canary Room TV Service until you complete the cancellation process. You must cancel your account (through the "My account" section of the Website) before the end of your free trial to avoid charges. For instructions on how to do this, see clause 9 (Cancellation by you and Termination by us) below.
As a subscriber to The Canary Room TV, you agree that we are permitted to charge subscription fees and any other charges that you may incur in connection with your use of The Canary Room TV. The subscription charges for The Canary Room TV Service will be charged on the first day you subscribe to The Canary Room TV Service i and, from then on, on the calendar day corresponding to the commencement of your membership subscription (each, a "Subscription Renewal Date"). This charge will continue on each Subscription Renewal Date thereafter unless and until you cancel, and regardless of how much you use the service. We will automatically charge you, using your specified payment method, each period (monthly unless otherwise specified) (your "Subscription Month") on or after your Subscription Renewal Date. All fees and charges are non-refundable. If you wish to use a different payment method, or if there is a change in your card validity or expiry date, you may edit payment details through your PayPal account if set up or if you do not have a PayPal account and your card expires or becomes invalid you will be notified that you need to re-enter your payment details when your next payment is due.
We do not provide refunds for cancellations part-way through the billing period.
6 Use And Care for Content
6.1 Restrictions on use of content; strictly for personal, private use, etc
You agree that you will not infringe any rights, including intellectual property rights, of any person, including, without limitation, copying, reproducing, screening, republishing or otherwise modifying any material provided as part of the any Service. You must use the website strictly for personal, private use and not for any direct or indirect commercial purpose. You must comply with the terms of any copyright notice displayed on the website. You may not sell, lease, lend, license, hire out for any reward, use in a manner inconsistent with the rights of the copyright owners or commercially exploit any of The Canary Room TV services.
6.2 Viewing of age-restricted material
You agree that you will be responsible for any viewing of any content supplied by us to you and that any minor's viewing of any content will be restricted by you.
7 Cancellation By You And Termination By Us
7.1 Cancellation by you
As noted above, you may cancel your subscription to The Canary Room TV service at any time. To cancel, go to the "My account" section of the website and follow the instructions. Immediately upon requesting cancellation, no access to the subscription service of the website will be available to you. We are unable to accept or guarantee cancellation requests via email or by letter.
7.2 Right to cancel in certain circumstances
If you have just signed up to The Canary room TV and have changed your mind about subscribing, you may in certain circumstances have a legal right to cancel your membership before the service starts and receive a full refund of your first month's subscription fee. Ordinarily you may cancel the subscription within seven working days of the day after the date on which you subscribe. If you are eligible to cancel in this manner, you may do so in accordance with the cancellation instructions in this clauses 7.1 and 7.3 (Cancellation by you and Termination by us). In order to arrange a refund of your first month's subscription fee, you will then also need to contact us to advise us that you have cancelled in accordance with your statutory rights and to request a refund of your first month's subscription fee. Once you have completed these steps, we will cancel your subscription and process your refund.
7.3 Termination by us
We reserve the right to terminate or restrict your use of our service, for any or no reason whatsoever. One reason that we may do so is if we believe that you are in breach of any obligation under these Terms and Conditions. If we terminate your use of our service as a result of a breach of any obligation under these Terms and Conditions, such termination would be immediate and without notice.
8 Gift Subscriptions
8.1 Gift subscriptions
From time to time, we may offer gift subscriptions for the Website. Gift subscriptions can only be used for the period specified. The gift subscription will state how long the recipient has access to The Canary Room TV.
8.2 Certain conditions affecting gift subscriptions
Gift subscriptions cannot be used in conjunction with any other discount, offer or promotion. Gift subscriptions are not redeemable for cash, and are neither refundable nor transferable. Gift subscriptions are subject to these Terms and Conditions. The recipient can redeem the subscription by entering the gift subscription code during the new account signup process. The validity period of the gift will vary depending on what gift is selected. Recipients of gift subscriptions must be at least 18 years old, residents of the United Kingdom and will require a valid address and debit/credit card to verify their age.
8.3 Recipient becomes a member if no cancellation
Membership charges will not be taken from the recipient's payment card during the gift subscription period. If the recipient continues their membership beyond the gift subscription period they will be charged at the prevailing pricing at the time. The membership can be cancelled at any time by visiting the relevant section of the website, once logged in. At the end of the validity period of the gift, the recipient will automatically become a member of our Services unless they cancel their membership. Gift subscriptions can be cancelled at any time but no refunds or credits will be given for any unused portion of a gift subscription.
9 Other Terms and Conditions
9.1 Equipment, Systems and Connectivity
Your ability to stream and watch The Canary Room TV 'Show' will depend on you having the necessary equipment, systems and connectivity. Before you subscribe, you must ensure that you have all necessary equipment, systems and connectivity to stream and watch the Show properly. We are not able to specify particular requirements (which may vary) and are not responsible in any way for your ability to stream and watch the Show.
Minimum system requirements are:
- Flash Player 7+
- Windows 2000+ or Mac OS X 10.3+
- Chrome, Firefox, Internet Explorer 7+, Opera or Safari web browser
- Internet connection at 500+ Kbps
- Mobile devices supporting video playback
but even compliance with these does not guarantee that you will be able to stream the show and/or website successfully. We may determine in our sole discretion from time to time which Devices are authorized for you to stream and watch the show on. Devices are manufactured, sold and/or operated by entities other than The Canary Room TV and we do not take responsibility for or otherwise warrant the performance of any Device, including the continuing compatibility of the Device with our service or vice versa. By using the service, you agree to look solely to the entity that manufactured, sold and/or operates the Device (as applicable) for any issues related to the Device and/or its compatibility with the service or vice versa. Any issues related to our service and its functionality, including any system requirements, are covered and limited by these Terms.
You acknowledge that the availability of the service and in particular the streaming of the show may be affected by internet traffic congestion or by other network, ISP, electronic, computer or other communication problems or failures and that we are not responsible for the failure of any Show to stream or to continue streaming due to any such congestion, problem or failure.
You acknowledge all intellectual property and other rights in the Show that you stream and watch are owned by us. To enforce those rights, we stream the Show to you using technology that protects digital information and limits your ability to watch the Show in accordance with certain usage rules established by us and/or our licensors (whether in these Terms and Conditions and/or on the relevant pages of the Website and/or displayed on a Device). Accordingly, you undertake that:
- You will stream and watch the Show for personal, private use only (and not for any direct or indirect commercial purpose);
- you will not, and will not encourage or assist any other person to, copy, reproduce, lend, rent, broadcast, distribute or transmit any Show;
- you will not, and will not encourage or assist any other person to, circumvent, modify, remove, reverse-engineer, decompile, disassemble, alter or otherwise tamper with any security, encryption or other rights management technology or software that is part of any Show or part of the means by which we stream the Show to you.
9.3 Termination and Enforcement
You acknowledge that, in addition to any rights that we have (including those pursuant to clause 11, any breach of these Terms and Conditions will entitle us to terminate your use of the service immediately and without notice. You specifically acknowledge our licensors have the right to directly enforce relevant provisions within these Terms and Conditions against you. We reserve the right to change, suspend, or cease the Service, or any part of it at any time and without notice to you. In particular, we reserve the right to remove any Show from our catalogue or to cease your streaming and watching of any Show on the Website or any Device if necessary.
10 Prohibited Use Of The Website
You agree not to upload, post, email or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Website. You agree not to interfere with the servers or networks underlying or connected to this Website or our services or to violate any of the procedures, policies or regulations of networks connected to the Website.
You agree not to impersonate any other person while using the Website, conduct yourself in an offensive manner while using the Website, or use the Website for any illegal, immoral or harmful purpose. In order to provide you with an easy-to-use service, The Canary Room TV will place a 'cookie' (a small text file) on any computer you use to access the Canary room TV website. When you revisit the Canary Room TV website, this cookie will enable us to recognise you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification.
11 Material On This Website
All materials (including software and content whether downloaded or not) contained on the Website are owned by The Canary Room TV (or our affiliates and/or third party licensors (as applicable)), unless indicated otherwise. You agree and acknowledge that the materials are valuable property and that other than any specific and limited licence for use of content that you may purchase from the Website to use such materials, you shall not acquire any ownership rights in or to such materials. The materials may not be used except as provided for in these Terms and Conditions, and any other relevant terms and conditions provided to you without our prior written permission.
The Canary Room TV, www.theredmentv.com, the Canary Room TV logo and all other Canary Room TV product or service marks are trademarks of Perch Films Ltd. All other trademarks, logos, images, product and company names displayed or referred to on the Website or any Device are the property of their respective owners. Nothing grants you any licence or right to use, alter or remove such material.
12 User Material
The Website or other The Canary Room TV Products and Services may let you submit material to us: for example, you can review the Show or create and share opinions. You may be able to upload video, images or sounds. In these Terms and Conditions, we use the term "User Material" to refer to any material of any kind that you submit to us, including text, files, images, photos, video, sounds and musical or literary works. It does not include the account information you provide when you register as a Member or when you subsequently change that information.
This clause 12 (User Material) of these Terms and Conditions sets out the rights and obligations that you and we have in connection with User Material. If you review or submit User Material you are agreeing to do so on these Terms and Conditions. If you do not want to review or submit User Material on these Terms and Conditions, then you should not do so.
We do not systematically review User Material submitted by users. We are not responsible for the content of User Material. We do not necessarily endorse any opinion contained in such material. We make no warranties or representations, express or implied, about User Material, including as to its legality or accuracy. We disclaim all liability in connection with User Material to the extent permitted by law.
We reserve the right, in our sole discretion, to refuse to post or to remove or edit any of your User Material, or to restrict, suspend, or terminate your access to all or any part of the Website or any of The Canary Rooms TV's Products and Services, particularly where User Material breaches this clause 12 (User Material) of these Terms and Conditions and we may do this with or without giving you any prior notice.
We do not claim any ownership rights in User Material. However, by submitting User Material you hereby grant to The Canary Room TV an irrevocable, perpetual, non-exclusive, royalty-free, sub-licensable, transferable and worldwide license to use, reproduce, modify, prepare derivative works of, display and perform that User Material in any media. The license you grant us will terminate when your User Material is removed from our website.
We may link User Material or parts of User Material to other material, including material submitted by other users or created by The Canary Room TV and/or other third parties. We may use User Material for our internal business purposes, for example, to examine trends or categories and to use those on the Website or to promote, market or advertise The Canary Room TV. We will not sell your User Material to third parties but you acknowledge that we may indirectly commercially benefit from it, for example, by selling third party advertising which appears next to User Material.
Each time you submit User Material to us, you represent and warrant to us as follows:
- you own your User Material or have the right to submit it, and in submitting it you will not be infringing any rights of any third party, including intellectual property rights (such as copyright or trade mark), privacy or publicity rights, rights of confidentiality or rights under contract;
- your User Material is not illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate.
- your User Material does not advertise any product or service or solicit any business;
- your User Material does not identify any individual (including by way or name, address or a still picture or video) under the age of 18 and if User Material identifies any individual over the age of 18, you have that person's consent to being identified in exactly that way in your User Material; and
- in submitting your User Material you are not impersonating any other person.
13 Links To Other Websites / Services
We may provide links to other websites or services for you to access. You acknowledge that any access is at your sole discretion. We do not review or endorse any of those websites or services. We are not responsible in any way for: (a) the availability; (b) the privacy practices, (c) the content, advertising, products, goods or other materials or resources on or available from; or (d) the use to which others make of; these websites or services. We are also not responsible for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on such websites or services.
14 General Terms And Conditions
14.2 Promotion Codes
Any promotion code or offer provided on the Website or via any Device cannot be used in conjunction with any other promotion code or offer, past or present.
14.3 Indemnity by you
You agree to indemnify and hold Perch Films Ltd, The Canary Room TV, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with any breach by you of these Terms and Conditions, including clause 12 (User Material) or any violation by you of any applicable laws or the rights of any third party.
14.4 Disclaimer of Warranties and Limitations on Liability
(a) Nothing in this clause 14.4 (Disclaimer of Warranties and Limitations on Liability) or otherwise in these Terms and Conditions shall exclude or in any way limit The Canary Room TV's liability for:
- fraud; or
- death or personal injury caused by its negligence (including negligence as defined in s.1 Unfair Contract Terms Act 1977); or
- liability to the extent the same may not be excluded or limited as a matter of law.
(b) The Website and its contents are provided "as is" and on an "as available" basis and we make no representations or warranties of any kind with respect to it, including as to the accuracy, completeness or currency of the Website or its content. We assume no liability or responsibility for any errors or omissions in the content of the Website, or our provision of the Watch Online Service. Subject to clause 14.4(a), we disclaim all representations and warranties, including, for example, warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current.
(c) Subject to clause 14.4(a), in no event shall we, our shareholders, directors, officers, or employees be liable (jointly or severally), to you or any third party for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not advised of the possibility of such damage, and on any theory of liability, arising out of or in connection with the use or performance of this information. If any applicable authority holds any portion of this clause 14.4(c) to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
(d) Subject to clauses 14.4(a), 14.4 (b) and 14.4(c) our maximum liability to you, (whether in contract, tort, (including negligence), breach of statutory duty or otherwise), arising out of or in connection directly or indirectly with your use of the Website, or any website content or your use of The Canary Room TV's Products and Services shall not exceed in aggregate the greater of £1 and/or the total amount paid by you to us in respect of The Canary Room TV's Products and Services in the month preceding any such claim.
14.5 Applicable Law
The website and The Canary Rooms TV's Products and Services are controlled by Perch Films Ltd. Your use and/or subscription of the Website or The Canary Room TV Products and Services is governed by these Terms and Conditions and construed and enforced in accordance with the laws of England and Wales. Disputes arising from or in connection with your use of the website and/or your use and/or purchase of The Canary Room TV's Products and Services we provide are subject to the non-exclusive jurisdiction of the English courts.
14.6 Assignment/Transfer By Us
You agree that we may assign any or all of our rights and/or novate, transfer, sub-contract or delegate any or all of our obligations under these Terms and Conditions to any third party. These Terms and Conditions are personal to you and are agreed to by you for your own benefit and not for the benefit of any other third party.
14.7 Assignment/Transfer by You
The Canary Room TV memberships, subscriptions and your other rights and/or obligations under these Terms and Conditions are not transferable and therefore cannot be sold or traded. Further, you may not assign, novate, transfer, sub-contract or otherwise dispose of any or all of your rights and/or obligations under these Terms and Conditions.
14.8 No Waiver
If we delay exercising or fail to exercise or enforce any right available to us under these Terms and Conditions, such delay or failure does not constitute a waiver of that right or any other rights under these Terms and Conditions.
14.9 Force Majeure
We will not be liable to you for any lack of performance, or the unavailability or failure, of the Website or any of The Canary Room TV's Products and Services, or for any failure or delay by us to comply with these Terms and Conditions, where such lack, unavailability or failure arises from any cause beyond our reasonable control.
14.10 Third Party Rights
Subject to clauses 11.1, 14.3 and 14.4, and excluding the provisions of clause 3 which confers benefits on third parties and licensors as applicable, which you hereby acknowledge and agree shall be directly enforceable by such third parties, nothing in these Terms and Conditions confers on any third party any benefits under the provisions of the Contracts (Rights of Third Parties) Act 1999. In accordance with clause 1, we may rescind, waive, assign, release or vary any or all of the provisions in this Agreement in any way without your consent or the consent of any third party.
14.11 Entire Agreement
In these Terms and Conditions, unless the context requires otherwise: 1) any phrase introduced by the words "including", "include", "in particular", "for example" or any similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words; and 2) references to the singular include the plural and to the masculine include the feminine, and in each case vice versa.
15 The Canary Room TV's Contact Details
All correspondence to The Canary Room TV, including any queries you may have regarding your use of the Website, your use and/or purchase of The Canary Room TV's products and services or these Terms and Conditions, should be sent to the address set out in clause 1. Perch Film Ltd's registered office is located at 24, Proctor Road, Formby, Liverpool, L37 1NY, United Kingdom and it is not a VAT registered company.