Terms of Use

The Documentary Channel® also known as TDC® The Documentary Channel Player® also known as TDC Player®

TERMS OF USE

1. THE SERVICE 1.1 The service includes: 1.1.1 the website at thedocumentarychannel.org thedocumentarychannel.eu thedocumentarychannel.nl thedocumentarychannel.fr thedocumentarychannel.de thedocumentarychannel.co.uk 1.1.2 the Documentary Channel Player® also known as TDC Player® 1.1.3 registered user services including marketing and other emails that registered users can from time to time subscribe to. 1.2 By accessing or using the service, the subscriber agrees to be bound by these terms of use. The subscriber may not vary these terms. If the subscriber does not accept these terms of use, the subscriber should cease using the service immediately. 1.3 TDC reserves the right to prevent or suspend the subscriber’s access to the service if the subscriber does not comply with any part of these terms of use or any applicable law. 1.4 Nothing in these terms of use shall prejudice any mandatory statutory requirement or the subscriber’s statutory rights.

2. Availability 2.1 Whilst TDC makes every effort to ensure that the service is available, TDC does not warrant or guarantee uninterrupted delivery of the service nor continuous availability. TDC reserves the right to suspend or cease the operation of the service from time to time at their sole discretion.

3. Conditions of use. 3.1 By using the service the subscriber agrees not to use the service for any purpose that is unlawful under all applicable laws, or is prohibited by these terms of use and to be responsible for ensuring that the subscriber’s use of the service is consistent with all applicable laws and regulations. 3.2 By using the service the subscriber agrees not to defame or disparage any person or behave in a manner which is obscene, derogatory or offensive

4. Ownership, use and intellectual property rights 4.1 The service and all content is owned and operated by TDC and/or our licensors. TDC and our licensors reserves all rights. 4.2 The service is for the subscriber’s personal and non-commercial use. The subscriber may not modify, copy, distribute, transmit, display, revise, perform, reproduce, publish, license, deep-link, create derivative works from, transfer, or sell any information or content obtained from the service unless expressly authorised by us. 4.3 Any intellectual property rights (including without limitation all patents, copyright, database rights and trademarks (whether registered or unregistered)) subsisting in any content or material on or connected to the service belongs to TDC and/or its licensors. All rights are reserved for the benefit of TDC and/or its licensors. Nothing in these terms grants the subscriber any rights in the service or the content embodied or present within the service. 4.4 The use or misuse of any trademarks, service-marks, brands, logos or any other content of the service or contained within the service is strictly prohibited except as provided in these terms of use. Nothing contained on or in the service shall be construed as granting by implication or otherwise any licence or right to use any trademarks, service marks, brands, logos or any other content without our prior written permission.

**5. Software ** 5.1 Any software that is made available for downloading from the service is the copyrighted work of TDC and/or that of our contracted suppliers and/or licensors. 5.2 The subscriber may only use such software in accordance with these terms of use and the terms of the end user license agreement, if any, which accompanies or is included with the software. Subscribers are not authorised and will not be able to install any software unless the subscriber agrees to be bound by these terms of use and any end user licence agreements. 5.3 The software is made available for downloading solely for the subscriber’s use in a non-commercial manner. Any reproduction or redistribution of the software not in accordance with the end user licence agreement is expressly prohibited and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. 5.4 The software is warranted, if at all, only according to the terms of the end user licence agreement. Except for the warranties which may appear in the end user licence agreement, TDC hereby disclaim all warranties, conditions and other terms whether express or implied with regard to the software, including all implied warranties and conditions of satisfactory quality and fitness for a particular purpose.

6. Limitations to the service 6.1 TDC uses reasonable efforts to ensure that all information included on or in the site is accurate and up-to-date TDC does not warrant or promise whether expressly or by implication that any information is or remains accurate, complete and up to date or fit or suitable for any purpose. Any reliance the subscriber places on the information on or in the service is at the subscriber’s own risk. 6.2 The service content is provided for general information purposes only and does not constitute technical, financial, legal or any other type of advice and should not be relied upon for any purposes whatsoever.

7. Subscriptions and Rentals 7.1 Only one subscription account may be registered per email address. 7.2 A subscription to TDC Player gives the subscriber access to the platform. Access to view some films on TDC Player are included in the subscription and some require a rental payment. 7.3 To take out a subscription for the service, rent films and/or purchase service extras or products the subscriber must provide a current, valid, payment card. Accepted payment cards are listed at the point of payment. 7.4 The subscriber may register only one payment method at a time on TDC Player. When the subscriber enters details for a payment card and subsequently completes a transaction with it, this payment card becomes the subscriber’s current payment card for the subscription and for rentals and the subscriber authorises TDC to continue billing the payment card until it expires.
7.5 Subscribers can find their subscription history by clicking on the account-link on the site-top navigation bar. 7.6 The subscriber’s TDC Player subscription will start with a free trial. The free trial period of the subscription lasts for 7 days and is offered in order that new subscribers can try-out the service. 7.7 At the end of the free trial period TDC will automatically bill the subscriber’s payment method for the monthly subscription fee unless the subscriber cancels the subscription prior to the end of the free trial period. 7.8 The subscription fee will be billed every month to the subscriber’s payment method on the calendar day corresponding to the commencement of the subscriber’s paid subscription. 7.9 TDC Player subscriptions will continue until terminated by the subscriber. The subscriber authorises TDC to charge the monthly subscription fee to their payment method until the end of the subscription cycle period in which the subscriber cancels the subscription 7.10 TDC will warn the subscriber twice, by email, when the current payment card is near to expiring. When a payment card expires or the subscription charge fails to be settled, due to insufficient funds or for other reasons the service delivery will be suspended until such time as new card details are supplied. In any event the subscriber remains responsible for any uncollected amounts. 7.11 Subscribers may cancel their subscription at any time and will continue to have access to subscription films through to the end of the current billing cycle period. TDC does not provide refunds or credits for any outstanding part-month subscription periods or unwatched films. 7.12 Subscribers may cancel their subscription from the account link on the site-top menu by following the instructions for cancellation. 7.13 TDC may change the prices of rental films and the subscription service from time to time. Planned price changes will be notified on the siteno less than 30 days before the price changes are applied. 7.14 From time to time TDC will change the payment classification of films for example from being “included in the subscription” to being a rental film. This happens, for example, when TDC show prize winners from our documentary film festivals where viewing is included in the subscription fee and which subsequently become rental films. All films “included in the subscription” are labelled as such and should TDC plan to change the classification of any given film it will be notified on TDC Player for at least seven days before the changeover happens.
7.15 Any content viewed through the service, is for the subscriber’s personal and non-commercial use only. 7.16 When the subscriber rents a film or takes out a subscription TDC grant the subscriber a limited, non-exclusive, non-transferable, licence to access TDC Player and to view films on a streaming-only basis. 7.17 By using the service the subscriber agree not to use the service for public performances. 7.18 The subscriber may access the service and/or watch films only on one device at any one time. 7.19 Once the viewer has rented a film they have 30 days to watch it. Once the viewer starts to watch the film they have 48 hours to complete watching it. If, after either of these two time limits have expired the viewer has not viewed the full film or any part of it the viewer will need to rent the film again to complete the viewing. TDC does not provide refunds or credits for any unwatched films or parts of films.

8. TERRITORIES 8.1 Subscribers may access the service and view rental films in most countries. Films may not be viewable in some countries. A list of embargoed or unconnected countries is available here.

9. AGE RESTRICTIONS 9.1 Subscribers must be 16 years of age at the date of opening the account. 9.2 Viewers under the age of 16 may only view films while supervised by an adult.

10. USAGE RESTRICTIONS UNDER THE LAW 10.1 Subscribers and viewers may only use TDC Player and/or access the service, in accordance with applicable laws, rules, regulations, restrictions on the use of such services or content that apply in the territory where the service is being accessed.

11. PROHIBITIONS

11.1 Service users and TDC Player users agree not to archive download reproduce distribute, modify display perform publish broadcast license factor offer create derivative works from offer for sale rental or use in anyway except as explicitly authorised in these Terms of Use content and information shown on or obtained from or through TDC Player. 11.2 Service and TDC Player users agree not to and/or try to circumvent remove alter deactivate degrade disable any of the TDC Player content protections and/or use any robot spider scraper Ai automated or human means to access TDC Player. 11.3 Service and TDC Player users agree not to and/or try to decompile, reverse engineer or disassemble any software or other products or processes accessible through TDC Player. 11.4 Service and TDC Player users agree not to and/or try to insert any code or product or manipulate the content of TDC Player in any way or use any data mining, data gathering or date or content extraction method. 11.5 Service and TDC Player users agree not to and/or try to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the TDC Player service, including any software viruses or any other computer code, files or programs. 11.6 TDC may terminate or restrict the subscriber’s use of the service if the subscriber violates these terms of use or are engaged in illegal or fraudulent use of the service.

12. HYPERLINKS AND THIRD-PARTY SITES 12.1 The service may contain hyperlinks or references to external third-party websites. Any such hyperlinks or reference is provided for the subscriber’s convenience only. TDC have no control over third-party websites and accepts no responsibility for any content, material or information contained in them. 12.2 The display of any hyperlink and reference to any third-party website does not constitute an endorsement of such third-party websites products services 12.3 Subscriber’s use of third-party websites will be governed by the terms of that third-party site.

13. WARRANTIES AND LIMITATION OF LIABILITY 13.1 The subscriber agrees that use of the service is on an ‘as is’ and ‘as available’ basis TDC make no representations, warranties, conditions or other terms whether express or implied in relation to the provision of the service including without limitation as to completeness accuracy currency reliability of any content and information on or in the service or as to satisfactory quality or fitness for particular purpose of the content and/or service. 13.2 To the maximum extent permitted by law TDC excludes all liability whether arising in contract, tort, breach of statutory duty or otherwise which TDC may have to the subscriber as a result of the subscriber relying on any content in or on the site or content related to the service. 13.3 To the maximum extent permitted by law TDC excludes all liability including without limitation direct or indirect losses or damage whether arising in contract, tort, breach of statutory duty or otherwise which TDC may have to the subscriber as a result of: 13.3.1 any error or inaccuracies in any content information or material within or relating to the service and 13.3.2 the unavailability of the service and content for any reason whatsoever. 13.3.3 any representation or statement made on the service and/or within the content presented in or on the site. 13.3.4 the subscriber’s use of or reliance on the service including the downloading of any software, program or information. 13.5 TDC does not exclude or limit our liability for death or personal injury arising from our negligence for any fraudulent misrepresentation made by us on the service or for any other statutory rights which are not capable of being excluded.

14. INDEMNITY 14.1 If the subscriber is in breach of any of these terms of use, the subscriber agrees to indemnify and hold us harmless in respect of any costs, expenses, claims, proceedings, actions, losses, damages or liabilities incurred by us in relation to the provision of the service.

15. INTELLECTUAL PROPERTY RIGHTS – UNINVITED SUBMISSIONS

15.1 TDC urges the subscriber not to submit any un-invited submissions of whatever nature whether submitted in writing or orally. TDC shall not be subject to any obligation of confidentiality nor be liable for any use and/or disclosure of such submissions. 15.2 TDC does not invite or encourage the subscriber to submit in writing or orally any project ideas concepts marketing or sales ideas advertising or marketing suggestions patent applications models prototypes film ideas treatments scripts or any other information registered patented or otherwise. 15.3 Any submissions including any un-invited submissions made to us by subscribers in writing or orally will be deemed to be TDC property and TDC will use any such submission in any manner it sees fit.

1. THESE TERMS OF USE AND JURISDICTION

16.1 TDC reserves the right to vary these terms of use from time to time without notifying the subscriber. The subscriber agrees to be bound by any such variation and accepts responsibility for checking these terms of use from time to time to examine such variations. 16.2 These terms of use contain the entire understanding and agreement between TDC and the subscriber in relation to the subscriber’s use of the service and supersedes and replaces any representation, statement or other communication whether written or otherwise made by the subscriber or us which is not contained herein. 16.3 Should any part of these terms of use for whatever reason be declared legally invalid or unenforceable by a court of a competent jurisdiction it shall be deemed to be deleted without affecting validity of the remaining provisions. 16.4 These terms of use are governed construed and shall be applied in accordance with the laws of England and Wales and the subscriber consents to the exclusive jurisdiction of the courts of England.

1. DISPUTES 17.1 Any dispute arising out of or in connection with these terms of use shall, at first instance, be referred to a mediator for resolution. The parties shall attempt to agree upon the appointment of a mediator, upon receipt, by either of them, of a written notice to concur in such appointment. Should the parties fail to agree within fourteen days, either party, upon giving written notice, may apply to the President or the Vice President, for the time being, of the Chartered Institute of Arbitrators, for the appointment of a mediator. 17.2 Should the mediation fail, in whole or in part, either party may, upon giving written notice, and within twenty-eight days thereof, apply to the President or the Vice President, for the time being, of the Chartered Institute of Arbitrators, for the appointment of a single arbitrator, for final resolution. The arbitrator shall have no connection with the mediator or the mediation proceedings, unless both parties have consented in writing. 17.3 The arbitration shall be governed by both the Arbitration Act 1996 and the Controlled Cost Rules of the Chartered Institute of Arbitrators (2000 Edition), or any amendments thereof, which Rules are deemed to be incorporated by reference. 17.4 The fees and expenses of the arbitrator shall be borne as the arbitrator decides or, in the absence of such decision, equally. The arbitrator’s decision is to be final and binding on the parties.

The Documentary Channel – 1 January 2023