TERMS & CONDITIONS
Customer Care: Thank you for choosing Bird Box. We want your customer experience to be enjoyable and error free, and we will work hard to make sure you are happy with your purchase. We have a great track record of resolving issues, so if you do encounter any problems, please just email us at [email protected] and we will respond promptly. We promise to provide a refund if we can't sort out your problem. When contacting us, please do so by replying to the order receipt you received when you made the purchase - this will make sure we can link your request to your purchase, please also provide a description of the problem including a screen shot if possible, and details of the hardware you are using to watch the film (computer/mobile phone, browser, etc.). Please remember that if something has gone wrong, it might not be our fault - we will be polite and friendly to you, and we thank you for your patience in return. Your statutory rights as a consumer apply to your purchases through Bird Box.
- Your Purchase
Your purchase is STRICTLY for DOMESTIC USE ONLY. You agree not to infringe the rights of any third party in using Bird Box including those of the copyright holder of the Content you have purchased. You may not make your Film available to others or use the Content or any part of it for any commercial purpose, educational purpose or any other purpose not expressly authorised in these Terms (unless otherwise advised in the product description).
STREAM : if you purchase a stream, you may watch your purchase on any device you own. You have 30 days from the moment you complete your purchase to commence your viewing. Once you start watching your purchase, you will have 48 hours to complete viewing after which time your access will cease. You may not otherwise copy, upload, modify, manipulate, reverse-engineer, publish, burn to CD, DVD or other disc, display publicly or in any way transmit whether online or otherwise, the Content or any part of it. You may not transmit or transfer the Content or any part of it to any other computer, website, server or other device by any means without the express, written permission of Bird Box.
DOWNLOAD TO OWN : if you purchase a download, you may download your purchase once; you have 30 days to download your purchase after which time your purchase will no longer be available and you will not be entitled to a refund; you may store and/or watch your film on any device you own without limit of time; you may copy it or burn to CD or DVD, but you may not upload, modify, manipulate, reverse-engineer, publish, display publicly or in any way transmit whether online or otherwise, the Content or any part of it without the express, written permission of Bird Box.
For the avoidance of doubt, Bird Box shall take a very strict approach should you violate the rights of a Content Provider and shall not hesitate to report any criminal activity to the relevant authorities.
- You consent to, and agree to abide by, the terms and conditions of use of the provider of your chosen payment method. It is your responsibility to familiarise yourself with such third party terms and conditions, and Bird Box accepts no liability for any losses you may incur as a result of any breach of such terms and conditions either by yourself or by the provider of the payment method.
- If you open a user account, the details you provide must be accurate and you must keep them up to date. You will be issued with login details comprising a user name and password. It is your responsibility to keep these details safe and to prevent others from accessing your account, and you shall be responsible for the conduct of your account and all activities performed through it. You may not divulge your login details to any party nor transfer your account to another party without the written consent of Bird Box. If you create an account, access this site and/or use the service on someone else's behalf, you warrant that you have that person's authority to do so, and that you accept all liability and the consequences for any breaches of these Terms resulting from any activity you conduct which is not so authorised. Bird Box reserves the right to terminate any user account without notice where it believes, in its sole discretion, that these Terms have been breached, or generally where it considers it in Bird Box's interest to do so.
- Some Content may be sold on an age restricted basis. It may be unlawful for you to knowingly purchase Content if you don't meet the minimum age criterion. In purchasing such Content, you warrant that you are old enough to purchase the Content legally. Should Bird Box suspect that a Customer intends to, or has purchased, Content but does not fulfil the minimum age criterion, Bird Box reserves the right to cancel the transaction without refund.
- Watching your Film
- Use of the Service is restricted to persons over the age of 16. By using the Service you warrant that you are 16 years or older. If you are under 16, your parent or guardian may agree to access the Service on your behalf, provided you meet any age criterion under clause 2.e, above.
- You will not use the Service for any purpose which is unlawful or not authorised in these Terms.
- Your access to this Website and the Service is not guaranteed. Any Content may be withdrawn at the sole discretion of Bird Box. Your access to the Service and/or Website may be suspended or permanently blocked without notice should Bird Box believe, in its sole discretion, that you are in breach of these Terms, or for any other reason.
- Bird Box accepts no liability for any losses suffered by you or any third party for its decision to withdraw and/or block your access to the Service or any website under Bird Box's control.
- We reserve the right to terminate your account and block your future access if you initiate any unwarranted chargeback proceedings against Bird Box, and we reserve the right to pursue you for any sums you owe and costs we incur in doing so where we suspect chargeback fraud.
- Limitation of Liability
- You use this Service and/or access this Website at your own risk.
- Bird Box makes no warranties as to quality or fitness for purpose of the Service or Content, and cannot guarantee that the Service will be uninterrupted and/or error free, and Bird Box cannot guarantee the adequacy of any third party infrastructure (e.g. your internet connection). However, any Customer problems or complaints will be taken seriously, and Bird Box will remedy complaints insofar as is reasonably practical and economical. Please see our Customer Care policy for further information.
- Whilst Bird Box endeavours to ensure all information referring to products, services, Content and other materials provided through its website and Service is accurate, Bird Box cannot warrant that such information will not contain inaccuracies.
- Bird Box hereby excludes and limits all liability, in so far as is legally permissible, for any losses you or any third party should incur as a direct or indirect result of your use of the Service or any website or in respect of any act or omission on the part of Bird Box. Bird Box will not be liable to you for any lost profits, costs of procurement of substitute goods or services, or for any direct or indirect, special, incidental, or consequential damages, including, without limitation, damages for lost data, damages to software or firmware, damages to hardware (collectively "Losses"), however caused and under any theory of liability, including but not limited to contract, products liability, strict liability, and negligence, and whether or not either party to this agreement was or should have been aware of, or was advised of, the possibility of such Losses. In no event will Bird Box's total and aggregate liability to you, the Customer, exceed the amount actually paid by you to Bird Box for the Content which forms the basis of the claim. Bird Box hereby excludes all liability, in so far as is legally permissible, for any trauma, shock, discomfort, offence or other negative sensation you or any third party should experience as a result of use of the Service or Website. It is your responsibility to research whether Content is suitable for you and for anyone who should view or otherwise consume it as a result of your use of the Service.
- Amendment : these Terms are subject to change, and you will be notified of any alterations through the Bird Box website BirdBox.film. Where amendment to these terms has a substantial material impact on your use of the Service, you may cancel your use of the Service within 10 working days of notification of said amendments without penalty. Your continued use of the Service after 10 working days have elapsed shall constitute your acceptance of the amended terms.
TERMS OF WEBSITE USE
Information about us
BirdBox.film is a site operated by Goldfinch Media Labs Limited ("We"). We are registered in the UK under company number 11116807 and have our registered office at 123 Regents Park Road, London, NW1 8BE
Accessing our site
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
Intellectual property rights
Reliance on information posted
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
Our site changes regularly
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
- All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
- Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort or delict (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Information about you and your visits to our site
Viruses, hacking and other offences
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
Linking to our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You may not link to our site from any site which contains material which is in any way illegal or obscene.
Links from our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Jurisdiction and applicable law
Bird Box and the Bird Box logo are trademarks of Goldfinch Media Labs Limited
If you have any concerns about material which appears on our site, [email protected]
Thank you for visiting our site.
- Bird Box Service : also referred to as the Service , shall mean this website, and all functionality and resources made available to you by Bird Box.
- Video-On-Demand (VOD): shall mean that method of exhibition of the Film, in which the consumer is licensed the ability to select the time and day of the exhibition of the Film, and the Film is then streamed or downloaded via the Internet to the viewing consumer within a specified period of time following the consumer's selection and the consumer can then view the Film at that time or at a later point in time on the consumer's personal devices only.
- Transactional Video-On-Demand : also referred to as TVOD or Streaming , shall mean that method of exhibition of VOD in which the consumer is required to pay a separate fee to obtain a limited right to view the Film that may be accessed and viewed, but not downloaded or further copied, subject to express limitations: 1.5 total views with 5 accesses permitted over a period of 30 days.
- Download-to-Own : shall mean that method of VOD where the consumer is licensed the right to download and store a copy of the Film on the consumer's hard drive, cellular phone, or other storage receptacle for an indefinite period of time and the consumer is licensed the right to burn a hard-copy (e.g. DVD) of the Film after having first received a copy of the digital file of such Film. The file containing the Content may be downloaded once, and the customer has a limit of 30 days in which to make the download.
- Service Provider's Service : also referred to as the Bird Box Player or the Service - the video player through which trailers are viewed and Films sold, and all supporting technology and infrastructure including, but not limited to, the Bird Box website.
- Film(s): also referred to as Content shall mean any film(s) made available through the Service including but not limited to the product made available for sale, trailers, extras and/or other non-digital merchandise (e.g. DVDs), T-shirts etc.
- AVOD: or Advertisement supported Video on Demand shall mean any method of distribution whereby revenue is generated by selling advertising to support the Film's VOD availability.
- Term: the period of time for which you are bound to these Terms