Terms and Conditions
Terms and Conditions of Use
This website (www.artstreamingtv.com) is the copyright of, and operated by ARTSTREAMINGTV Ltd., a registered company in England and Wales (8453328).
Please read carefully the following terms and conditions ('these Terms') which apply to the ArtStreamingTV Limited (‘ARTSTREAMINGTV ') service ('the Service'). By accessing and using the Service you agree to be legally bound by these Terms. If you do not agree to these Terms and Conditions, please, do not use the Service. We reserve the right, at our discretion, to change, update, modify, add, or remove portions of these Terms at any time and without notice to you. Please check this page periodically for changes. Your continued use of this Website and Service, following any updates to these Terms constitutes your acceptance of the new Terms.
1.1 In these terms and conditions the following terms shall, unless the context requires otherwise, have the meanings set forth below:
'ARTSTREAMINGTV' means ArtStreamingTV Limited
'Content' means all recorded and uploaded cultural Contents together with any and all other material on the Site made available free of charge and/or ‘Paid to Watch’ streams;
'Contract' means the contract for the provision of the ‘Service’ to you on the basis of these Terms;
'Service' means the ArtStreamingTV media streaming services;
'Site' means 'ARTSTREAMINGTV' website at www.artstreamingtv.com or any other site used by ArtStreamingTV for the provision of the Service;
'Territory' means the world and the universe;
'Users', 'you' or 'your' means the person who has registered on the Site or is accessing the Site and for whom ArtStreamingTV has agreed to provide the Service in accordance with these Terms, and includes any individual who uses the Service on behalf of that person.
In these Terms and on the Site the ‘Free’ of Content refers to access being made available free of charge.
‘Pay-to-Watch’ are content that requires payment before access is granted. There are two types of ‘Pay-to-Watch’ content: (1) ‘Pay-to-Watch Now’ - allow users to watch a event live, in addition to 48 hours access to the video once it becomes available On-Demand - counting from the first time the user press the video player ‘Play’ button. (2) ‘Pay-to-Watch Later’ of content grants 30 day unlimited access to all On-demand content available on the website for a stipulated fee.
‘On-Demand’ means all the Content which is readily uploaded and available to watch on our website.
‘Live Stream’ refers to content delivered live over the Internet.
‘Live Channel’ is the page on our website which you will find the player or a TV through which you can watch the content you choose.
2. Use of the Website
2.1 The use of the ARTSTREAMINGTV Site is permitted provided that any and all activity carried out is in accordance to the Terms and Conditions set forth here. Access to the website is free, unless otherwise stated, and ARTSTREAMINGTV reserves the right to terminate access previously granted if it is believed that a breach of these Terms has taken place. Accessing and using this website constitutes acceptance by you of these Terms and Conditions.
3. Intellectual Property
3.1 You acknowledge ARTSTREAMINGTV is the owner and/or licensor of all Intellectual Property found on this Site. All such Intellectual Property is protected by copyright laws in the UK and by treaties around the world and may not be reproduced without prior written consent from ARTSTREAMINGTV as well as from any other third party copyright owner. By accessing the website and its content, you agree not to copy, rent, lease or loan, sell, distribute or create derivative works without a written consent by us.
3.2 You may not directly or through the use of any device, software, Internet Site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism.
3.3 You agree that any copyrighted material ARTSTREAMINGTV grants you the permission to use or any materials intended for media use must be made known to ARTSTREAMINGTV on email@example.com at least one week prior to the release and should be sign off only after a written consent by us.
3.4 Such permissions granted by ARTSTREAMINGTV do not extend to third party copyrighted material. When third party intellectual property is requested, ARTSTREAMINGTV will endeavour to forward any requests to the appropriate parties, however, any communication regarding such requests will not constitute and will not be understood as consent.
3.5 Any identifying proprietary marks of the ARTSTREAMINGTV brand such as names, images and/or logos may not be reproduced without prior written consent from ARTSTREAMINGTV. Requests must include the contact name, organisation/company name, address, telephone and email and may be sent to: 03 Tower Bridge Square, Queen Elizabeth Street, SE1 2LP, London, UK.
3.6 The shelf life of each intellectual property will be agreed between the parties involved only. ARTSTREAMINGTV reserves the right to remove any content from the Website at any time without giving notice and at its own discretion.
4. User Registration
4.2 If registering on behalf of an individual, company, organisation or firm, or any other entity or person, you must ensure that such a person or organisation is aware and in agreement with these Terms and has authorised you to act on their behalf in any and all actions and transactions within ARTSTREAMINGTV’s website.
4.4 You are responsible for keeping your password safe and anonymous and ARTSTREAMINGTV will not be held liable for any failure to do so on your part. You must inform ARTSTREAMINGTV immediately if for any reason you believe that your password has become known to an unauthorised person or if any unauthorised persons have been, or are likely to be, accessing your account. ARTSTREAMINGTV will not be held liable for any passwords disclosed or used improperly in accordance with the Terms.
4.5 If you forget your password or username, ARTSTREAMINGTV will enable you to create new credentials providing that you satisfy ARTSTREAMINGTV’s security checking procedures.
4.6 You certify that all information supplied by you during the registration process and any further transactions within the Site are true, accurate and complete. You agree to notify ARTSTREAMINGTV of any changes to your personal information. If ARTSTREAMINGTV believes that you have failed to supply the correct information, ARTSTREAMINGTV reserves the right to terminate your access immediately and without giving notice.
4.7 ARTSTREAMINGTV reserves the right to disable any passwords without warning if it is believed that you have failed to comply with the Terms set out here.
5. Linking to third-party websites
5.1 You are permitted to link directly to third-party websites pages hosted on the ARTSTREAMINGTV Site. However, ARTSTREAMINGTV does not permit its pages to be loaded into frames on other websites. Pages must load into the user's window only.
5.2 This Site may include links to third-party websites that are controlled and maintained by others. Any link is not an endorsement of such websites and you acknowledge and agree that ARTSTREAMINGTV is not responsible for the content or availability of any such sites.
5.3 ARTSTREAMINGTV will only link to our partners and their websites and will display Content that complements our own information displayed on the Site. ARTSTREAMINGTV disclaims any responsibility regarding the accuracy and opinions voiced in Content linked from these third-party websites.
6. The Service
6.1 The ARTSTREAMINGTV Site provides access to SD and HD video content that can be streamed for free unless otherwise stated. Premium content and events will require individual users to Pay-to-Watch. You will be prompted to pay before being able to access the live stream Content. The cost of premium Content will be determined by the involved parties and will depend on the nature and Contents of the stream. You will be able to choose from the options provided by the ARTSTREMINGTV website.
6.2 This Service is for your own personal, non-commercial use. You are not authorised to make any copies or recordings of the live stream or On Demand videos unless you have acquired prior written consent, and have informed ARTSTREAMINGTV and its partner organisations of the context and the intended use of any Content found on the Site.
6.3 While we try to insure the Service is available 24h a day, we cannot be responsible if for any reason the Service is unavailable at any time or for any period.
6.4 ARTSTREAMINGTV may, at its own discretion and without giving notice, alter, remove or suspend any part of the Site and any Content of the Site. In no event ARTSTREAMINGTV will be liable for any loss or damage arising as a result of modifications made to the Site.
6.5 From time to time, we may restrict access to some parts of our Site, or our entire Site. Access to the Site may be suspended temporarily or without notice in the case of system failure, maintenance, repairs and for reasons beyond ARTSTREAMINGTV control.
6.6 Although ARTSTREAMINGTV makes all reasonable efforts to ensure that the server that makes the Site available is bug and virus free, we cannot provide any guarantees in this respect.
6.7 You are responsible for retaining Internet access to the Site from where you are in order to use the Service. We cannot be held responsible for the failure to access the Site or use the Service from any location or browser. Any access fees incurred in reaching the Site (e.g. Dial-up or network charges) and any equipment necessary to access the Service are your responsibility.
6.8 Owing to the nature of Internet and the fact that your access to the Site involves functionality outside our control, we cannot be held responsible for technical problems that you may experience with this Service.
6.9 We do no guarantee that the Service will be compatible with your computer. While we try to provide the Service using all reasonable resources and care, we cannot be held responsible of any corruption or loss of data held on your computer, or any damage caused to your computer resulting from your use of the Service.
7. Age Restriction & Explicit Material
7.1 You must be at least 18 years of age to register for use of the Site and Services. If you are under 18, but at least 13 years of age, you must present these Terms to your parent or legal guardian and he/she may register on your behalf, otherwise you are not entitled to use the Site or the Services. If you are under the age of 13, then you are not permitted to use any feature or other part of ARTSTREAMINGTV.
7.2 Parents/guardians allowing children access to and use of the Site should supervise such access and use. Certain Content may not be suitable for minors and ARTSTREAMINGTV will give an indication of this where possible. It is your responsibility to determine what is suitable for them to access.
8.1 Access to the website is free, unless otherwise stated, and ARTSTREAMINGTV reserves the right to remove content from the website at any given time without giving notice, as well as terminate access to any users believed to have been in breach of the terms set out here.
8.2 While we try to ensure that the Service is normally available 24 hours a day, we cannot be held responsible if for any reason the Service is unavailable at any time or for any period.
8.3 You are responsible for all costs charged by your mobile network and broadband providers and your Internet service provider. Remember that streaming audio-visual content can use up a lot of data, so if your broadband package doesn't give you unlimited downloads you need to check that you have an adequate monthly data allowance.
8.4 Access to the Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
8.5 You agree you will not (or support others to) circumvent or modify any security technology or Software that is part of the Site.
8.6 You agree that you will not use the Service in any manner that could damage, disable, impair or overburden the Site and will not attempt to gain unauthorised access to any part of the Site through hacking, password mining or any other means.
8.7 You may not either directly or through the use of any device, software, Internet site, web-based service, or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content unless expressly permitted by ARTSTREAMINGTV in writing. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by ARTSTREAMINGTV in writing. Furthermore, you may not create, recreate, distribute or advertise an index of any portion of the Content unless authorised in writing by ARTSTREAMINGTV.
8.8 If you choose to access the Site from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.
8.9 You will be responsible for any losses and costs resulting from your breach of these Terms.
9. TERMS FOR PURCHASING / PRICE & PAYMENT
9.1 Once you have selected the Content you wish to buy and click the ‘PLACE ORDER' button this will constitute an offer to ARTSTREAMINGTV to buy the Content. ARTSTREAMINGTV will then process your transaction through a secure merchant account from Barclay’s PLC and will send you an email receipt for your purchased product. ARTSTREAMINGTV’s email receipt for your purchased product of Content brings into existence a legally binding contract between you and ARTSTREAMINGTV. If ARTSTREAMINGTV is unable to accept your purchase for any reason we will notify you as soon as possible. ARTSTREAMINGTV does not have access to or hold onto any sensitive information.
9.2 In consideration of the supply of the Service, you agree to pay to ARTSTREAMINGTV the charge stated for that title in relation to each purchase and/or rental.
9.3 ARTSTREAMINGTV shall, at its sole discretion, be entitled to vary the Standard Charge from time to time without notice to you.
9.4 Prices of performances vary from event to event according to the specification of the Service but any prices will be clearly stated at the time of purchase from our site.
9.5 Most of our events have limited access on our site though these details will be clearly listed on our website.
10. Payment CANCELLATION POLICY
10.1 YOU HAVE THE RIGHT TO CANCEL THE PURCHASE WITHIN 24 HOURS OF THE EVENT. HOWEVER, IF YOU STREAM, DISPLAY, USE OR OTHERWISE VIEW THE DIGITAL CONTENT PURCHASE WITHIN THAT PERIOD YOU WILL WAIVE YOU RIGHT TO CANCEL UNDER THE CONSUMER CONTRACTS (INFORMATION, CANCELLATION AND ADDITIONAL CHARGES) REGULATIONS 2013.
10.2 Any refund will be processed within 30 days.
10.3 To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to contact us at firstname.lastname@example.org and we will e-mail you to confirm we have received your cancellation.
You can also e-mail us at email@example.com or contact our Customer Services team by telephone on +44 (0)20 7403 9212 or by post to 03 Tower Bridge Square, Queen Elizabeth Street, London, SE1 2LP. If you are e-mailing us or writing to us please include details of your order to help us to identify it.
10.4 If you cancel this contract, we will reimburse to you all payments received from you though a small fee may apply from Barclays Bank in order to process the cancellation.
10.5 While ARTSTREAMINGTV will send you an e-mail notification of every valid purchase ARTSTREAMINGTV receives from you, ARTSTREAMINGTV cannot guarantee that the notification will be received by you, or that it will be legible and uncorrupted.
10.6 You must observe and comply with all applicable laws when you purchase any product from the Site.
10.7 You shall be entitled to notify ARTSTREAMINGTV of any faulty Content purchased by you within fourteen (14) days of the initial purchase and/or initial rental. ARTSTREAMINGTV shall permit you to access a file containing the same Content in replacement of the original faulty Content at no cost if in its reasonable opinion ARTSTREAMINGTV deems the original purchase to be corrupt, malfunctioning. However, if the file is inoperable due to your computer or information technology platform not meeting the system requirements as outlined, ARTSTREAMINGTV will be under no obligation to refund your purchase or provide a substitute.
11. DELIVERY for PAY-TO-WATCH
11.1 In order to purchase an event on our site, you are required to sign up prior to purchase.
11.2 When you purchase, every time you return to the site you must log in.
11.3 Our website should be available 24 hours a day during the full period of your purchase.
11.4 Our website will provide clear information about the date and time available of your purchase.
11.5 Your designated purchase time allocated will begin as soon as you press ‘Play’, not from the day and time of purchase.
11.6 If the event is cancelled for any reason, you are entitled to a full refund of your purchase.
11.7 If the event has been rescheduled to another time and day, you will be notified of any changes via email.
11.8 If you have any problems of access, please contact us at firstname.lastname@example.org.
12. Information about you and your visits to our site
13. Disclaimers & Limitation of Liability
13.1 Use of the Service is at your own risk. ARTSTREAMINGTV does not promise that the Site, Content, Service or feature of the Site will be uninterrupted or error free, or that any defects will be corrected. The Site, Content and Service are provided on an "available" basis without any warranty of any kind whether express or implied.
13.2 ARTSTREAMINGTV disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the Site and you assume total responsibility for your use of the Site and any linked sites.
13.3 To the extent permitted by law ARTSTREAMINGTV and third parties connected to ARTSTREAMINGTV hereby expressly exclude:
- all conditions, warranties (express or implied) and other terms which might otherwise be implied by statute, common law or the law of equity; and
- any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Site or Services or 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/savings; loss of data; loss of goodwill; wasted time and for any other loss or damage of any kind however so arising whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
13.4 Notwithstanding the above if ARTSTREAMINGTV is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Service, ARTSTREAMINGTV ‘s liability shall in no event exceed the total of any fees paid by you with respect to the Service within the six months prior to the date of the initial claim made against ARTSTREAMINGTV.
14.1 ARTSTREAMINGTV reserves the right to disclose any information that ARTSTREAMINGTV deems necessary to comply with any applicable law, regulation, legal process or governmental request. ARTSTREAMINGTV may also disclose your information when ARTSTREAMINGTV determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organisations for fraud protection purposes.
15.1 If any of these Terms should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms shall survive and remain in full force and effect and continue to be binding and enforceable.
16. Governing Law
16.1 The use of this Service and any dispute or claim arising out of or in connection with it or its subject matter (including non-contractual disputes or claims) shall be governed by and construed according the laws of England and Wales and the parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction.
16.2 The use of any part of the Site or Service, except for use of the Site or Service as permitted in these Terms, is strictly prohibited and may result in the infringement of the Intellectual Property rights of others, subjecting you to civil and criminal penalties, including possible monetary damages, for copyright infringement. You also agree that you will not use the Site or Service for any purposes prohibited by any applicable law.