End User Licence Agreement | Facebook Application EULA | Privacy Policy

End User Licence Agreement - Last updated July 2012

Introduction

This page (together with our Privacy Policy) sets out the terms and conditions ("Terms")upon which you may use our website, www.mcn-tv.com, including any related software (the "Website") to stream Films and TV shows and TV shows, TV shows and other content ("Films") to your PC, laptop, television, DVD player, Blu Ray player, media centre or other authorised device capable of receiving it (a "Device")

These Terms apply to registered users and visitors to the Website. We provide services ("TV Services") which allow Members to view and comment on certain audio-visual content provided to you by us.

Please read these Terms before using the Site, and the TV Services. By accessing the Website and/or using the TV Services, you agree to be bound by these Terms. You must also comply in all respects with our Privacy Policy.We recommend that you print a copy of these Terms for future reference. In addition, when you register as a Member, you will be asked to confirm your acceptance of these Terms, by clicking on the button marked "Accept" on the registration form on our Site.

If you refuse to accept these Terms, you will not be able to use, and should refrain from trying to use, the TV Services and the Site.

1. Information about us

The Site is operated by Screen Library Limited ("SL", "we" or "us") in association with Bauer Consumer Media Limited t/a MCN. Our registered office is at Screen Library Limited, 68 Carthew Road, London W6 0DX, United Kingdom (email: support@screenlibrary.com)

2. Acceptable Use of the website

2.1 We grant you a limited non-transferable licence to use the Website subject to these Terms. You may not rent, lease, lend, sell redistribute or sublicense all or any part of the Site and/or App and you agree not to:

(a) alter, adapt, modify, copy or create a derivative work from any content or any part of the App or the Site;

(b) modify, translate, reverse engine, hack or use any other means to retrieve or index any part of the Site or App, without our prior written authorisation; or

(c) interfere with another user's use and enjoyment of the Site and/or App in any other manner that could damage, disable, over burden or impair the Site and/or App.

2.2 You shall use our Website only for lawful purposes and shall not use it:

(a) in any way that breaches any applicable local, national or international law or regulation;

(b) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

(c) to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out below;

(d) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or

(e) to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

2.3 Any attempt to carry out the acts detailed above is a violation of SL and its licensor's rights and you may be subject to prosecution and / or damages.

2.4 Misuse of our Site and/or App as detailed in this clause may be deemed a criminal offence under the Computer Misuse Act 1990. We will report any such misuse 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 misuse, your right to use our Site and/or App will cease immediately.

2.5 These Terms govern the use of any upgrades to the Site and/or App, provided by us and which replace and/or supplement the Site and/or App, unless such upgrade is accompanied by a separate licence, in which case the terms of that licence will govern.

3. Becoming a Member

3.1 The TV Services on our Site are restricted to persons that have registered with us to become a member. If you would like to become a Member, you must complete the registration form on our Website, including providing us with your email address and telephone number.

3.2 To become a Member, you must:

· be at least 18 years of age. Persons under the age of 18 are not permitted to become a Member;

· live in the United Kingdom (including Northern Ireland); and

· provide us with personal details (including your name, email address, postal address and valid payment details), that are true and current, and 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.

3.3 We may refuse an application to become a Member or to use or purchase any of the TV Services for any reason whatsoever. Please note that by supplying your telephone number to us when you complete your registration form when you register as a Member, you grant us permission to contact you on this number regarding your account and any special offers or promotions that we may offer you from time to time.

3.4 When you register as a Member you will also be asked to create a password and you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer.

3.5 As Member you will be able to access additional sections, features and functions of the Website that are not available to non-members. After you have become a Member, you may also subscribe to use and/or purchase the TV Services.

3.6 By registering as a Member, you warrant that you are legally capable of entering into a binding contract and that you are over 18 years old and that the information you have entered onto your registration form is complete and accurate to the best of your knowledge.

3.7 If you choose or are provided with a password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any passwords, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.

3.8 You are responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms and that they comply with them. We shall not be liable for any loss or damage you may suffer due to misuse of your password.

4. Services:

The Services offered by SL include:

· a Subscription Service (the "TV Service"); and

· an SL Facebook Application, the additional terms and conditions for this service are available at This Link.

5. How A contract is formed between you and us

5.1 When you complete your online application for membership, this constitutes an offer by us to you to register as a Member. All registrations are subject to acceptance by us, and we will confirm such acceptance by sending you an e-mail which confirms that your registration has been accepted ("Acceptance Email") and that the TV Services will be provided. The contract between you and us will only be formed when we send you an Acceptance Email.

5.2 Once you receive the Acceptance Email, you may use and purchase the TV Services.

5.3 The contract for the supply of the TV Services is between you and SL.

6 Free Trial

6.1 Free trials may be available to new Members. Previous subscribers (of SL or any other service provided by the SL group of companies and any websites powered by SL) do not qualify for a free trial. The free trial is available for only one Member per household.

6.2 When you first register as a Member, you will be asked to provide details of your method of payment via our payment partner, MPP Global. This is to verify your identity, and to protect us from theft and fraud. Some banks or payment card companies may reflect this authorisation against your available balance or credit limit. No charges will be made if you cancel your Membership prior to the end of your free trial.

6.3 Your free trial period may run for a period of up to one calendar month, depending upon the promotion at the time of registering, and commences on the date registration is completed and that you receive your Acceptance Email.

7. Payment / Cancellation

We will begin taking payment from Members on the day you subscribe, or in the case of a free trial, at the end of your free trial period, and thereafter each month unless otherwise indicated or until you cancel your Membership. We will continue to take payments from you each month by your chosen payment method until you complete the cancellation process (in accordance with clause 9.1 below). You must cancel your account through the "My account" section of the Website before the end of your free trial to avoid charges.

8. Changing fees and charges

We may at any time and from time to time and in our sole discretion, change the fees and charges, or add new fees and charges, in relation to any of our products and services. We will notify Members 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.

9. Termination / Suspension

9.1 Cancellation by you. You may cancel your membership at any time. To cancel, go to the "My account" section of the Website and follow the instructions under the heading "Cancel My Account". We may require you to activate cancellation via telephone. We are unable to accept or guarantee cancellation requests via email or by letter.

Cancellation notices in respect of monthly subscriptions which are received by Screen Library on or before the 16th of the month will take effect at the end of the validity period covered by your last monthly payment. Cancellation notices received after the 16th of the month will take effect at the end of the month following the end of the validity period covered by your last monthly payment.

Right to cancel when you first join. If you are a new Member and have changed your mind about your membership, you may cancel your membership up to 7 days after you have received your Acceptance Email and you will receive a full refund of your first month's subscription fee, unless you have received free trial. You may cancel your Membership by following the cancellation instructions in paragraph one of this clause. To arrange a refund of your first month's subscription fee, you will also need to contact us on support@screenlibrary.com and 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. In the case of a free trial we will cancel your trial.

9.2 Cancellation by us. SL reserves the right at any time, for any reason, in its sole discretion and without prior notice to you to:

(f) suspend or revoke your Membership, your right to access and/or use the Website and/or App; and

(g) make use of any operational, technological, legal or other means available to enforce these Terms, including but without limitation, blocking specific IP addresses or deactivating your registration and/or username and password

9.3 Notwithstanding the provisions above, we will endeavour (but do not guarantee) to provide you with 30 days' written notice that your use of the Website, the TV Services and/or App may be suspended or terminated.

9.4 Contributions that you have uploaded to the Website, other than personal information and information from your profile may be removed following termination of your account but may still appear on the Site even after your account has terminated. Pursuant to the licence granted at Section 12.5 of these Terms, SL shall have the right to use your Contribution anywhere on the Site as we, in our sole discretion, choose.

10. TV Services

10.1 The TV Services include:

· Subscriptions: which allow Members to watch Films and TV shows; or

· Transactions: Members must pay an additional one-off fee to watch a Film as many times as you like during a set period of time; or

· Free services.

10.2 Not all Films and TV shows will be able to be streamed and watched in all of these ways or on all Devices. It will be made clear on the Website (or on your Device), if a Film of TV Show is not available for a particular function.

10.3 Subscription. As a Member you may stream and watch any given Film or TV show as many times as you wish, whilst you remain a Member.

10.4 Transactional. Some Films may only be available if Members pay an additional one-off fee. When you watch a Film on this basis, you will have a period of time (usually 48 hours, but this may vary) within which you must watch the Film (the "Playback Period"). You can watch the Film as many times as you like within that Playback Period but you cannot extend the Playback Period by stopping, pausing or restarting the Film. If you want to watch a Film after the Playback Period ends, you will have to pay the the additional fee again. The Playback Period may be different for different Films but will be displayed on the Website when you buy the Film. We reserve the right to change the Playback Period for any Film at any time. We will only change the Playback Period for a Film that you have already paid for if required to do so under our agreements with our licensors.

10.5 Free services. If a Film is available for free basis you are not required to be a Member. You acknowledge that these free Films may contain advertising or other marketing messages before, during and/or after them. We reserve the right, from time to time) to require you to provide us with personal details and payment card details to verify your identity and/or age before we allow you to watch a free Film.

10.6 Sometimes non-Members will be able to watch Films on a subscription. This permission may be in the form of a credit that allows the user to watch such Films and for a limited period of time which will be made clear to you at the time that permission is given.

11. Systems and Connectivity

11.1 The quality of the display of may vary from Device to Device, and may be affected by a variety of factors, such as the bandwidth available through and/or speed of your internet connection. Screen Library makes no representations about the quality of your display.

11.2 Your ability to stream and watch Films will depend on you having the necessary equipment, systems and connectivity. Before you buy a Film, you should ensure that you have all necessary equipment, systems and connectivity to stream and watch the Film 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 Films and TV shows and TV shows. Minimum system requirements are specified on the Website but compliance with these does not guarantee that you will be able to stream Films and TV shows and TV shows successfully.

11.3 We may determine in our sole discretion which Devices are authorised to access the TV Services. We do not take responsibility for or otherwise warrant the performance of any Device, including the continuing compatibility of the Device with the TV Service or vice versa.

11.4 You acknowledge that the availability of the TV Service and in particular the streaming of Films and TV shows and TV shows 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 Film to stream or to continue streaming due to any such congestion, problem or failure.

12. User Material and Content Standards

12.1 We may provide interactive services on our Website, that allows you to submit material, including blogs, video, images, and other material, (for example, you can review Films). The following content standards apply to any and all material which you contribute or upload to our Website ("Contributions") and you should comply with the spirit of the following standards as well as the letter.

12.2 Contributions must:

· be accurate (where they state facts);

· be genuinely held (where they state opinions); and

· comply with applicable law in the UK and in any country from which they are posted.

12.3 Contributions must not:

· contain any material which is obscene, offensive, hateful or inflammatory;

· promote any illegal activity;

· contain any material which is defamatory of any person;

· promote sexually explicit material;

· promote violence;

· promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

· infringe any copyright, database right, trade mark or other right of any person;

· be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

· be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;

· be likely to harass, upset, embarrass, alarm or annoy any other person;

· give the impression that they emanate from us, if this is not the case; or

· advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

12.3 All Contributions are your sole responsibility and we are not responsible for them, nor will we pre-screen such Contributions.

12.4 Each time you submit a Contribution to the Website you hereby represent and warrant that you have all necessary licenses, rights, consents, and permissions which are required by law to submit your Contributions to the Site and that the Contribution does not infringe upon, misappropriate or violate the rights of any third parties, including, without limitation, any intellectual property rights, rights of publicity or privacy or any other proprietary rights, or otherwise violate any law, rule, or regulation.

12.5 By uploading a Contribution and in consideration of us making available to you the opportunity to upload Contributions, you unconditionally and irrevocably grant us a worldwide, non-exclusive, royalty free licence of the entire right and interest in and to your Contribution to use in any way including (without limitation) the right to edit, copy modify, adapt, translate, reformat, create derivative works from, broadcast, perform and otherwise make available to the public.

We reserve the right, but are not obligated, to delete, move or edit your Contribution, in whole or in part and for any reason, in our sole discretion. We reserve the right to suspend or terminate your access to the Website and/or TV Services and pursue all legal remedies if we believe you have uploaded content which infringes another's rights or otherwise violates any law, rule or regulation.

13. Accessing the Site

13.1 The Website may be accessed on a temporary basis and we reserve the right, at our sole discretion, to withdraw, amend or modify the Website and/or TV Services without notice. SL will not be held liable if for any reason the Site and/or TV Services are unavailable at any time or for any period.

13.2 SL is continually seeking to develop and improve the Website and the TV Services. We may at our sole discretion, and without notice, restrict access for a period of time to some part(s) of, or all of, the Site and / or the TV Services.

13.3 You are responsible for making all the necessary arrangements to ensure you can access the Website (including any charges associated with such access). By downloading our software, you accept that you may incur charges from your wireless or other service provider. We shall not, under any circumstances, be liable for such charges.

13.4 SL maintains, controls and operates the Website and TV Services from the United Kingdom. The Website and TV Services are not available in all languages or in all countries. We do not represent that any of the content on it is appropriate or available for use in other territories. You accept that if you access the Website or TV Services from outside the United Kingdom then you are solely responsible for compliance with all applicable local laws and regulations.

13.5 Please note that we will do not process payments ourselves. All payments are processed by our payment provider, [name], and will be subject to their terms and conditions which are available at [insert link]. You should review these terms and conditions carefully before using this service.

14. Duration

14.1 The licence to use the Website and related TV Services is effective until it is terminated by you or by us.

14.2 We will supply the TV Services to you from the date you receive the Acceptance Email and will supply you with these services until this agreement is terminated in accordance with its terms.

15. Reliance on information

Commentary, financial information and other materials displayed on our Site are not is for general information only and intended to amount to advice on which reliance should be placed. We disclaim all liability and responsibility arising from any reliance placed on such materials by Members, Customers, visitors or by anyone who may be informed of any of its contents. Before executing any securities transaction based on any information provided or displayed on the Site or the App, you should consult with a financial advisor.

16. Other Sites

16.1 Our Website may contain hyperlinks to other websites ("Other Sites"), if you use the hyperlinks to access these Other Sites, you will leave our Site and will be re-directed to the Other Sites. These Other Sites may contain materials which you find offensive, objectionable, unlawful or inaccurate. The Other Sites may have their own terms of use and privacy policy which governs their use and those Other Sites may have different practices and requirements than our Website. We, our partners and affiliates merchants may not have knowledge of, and are not responsible for, the content, information, services, products or advertisements presented by any Other Site which you use at your own risk.

16.2 The hyperlinks to Other Sites do not constitute an endorsement by us and does not imply that we support, approve, are affiliated or are associated with, any Other Site or that any Other Site is authorised to use any of our intellectual property or those of any of our affiliates or licensors. We do not warrant or make any representation regarding the legality, accuracy, quality or authenticity of content, information, services or products presented by Other Sites (including but not limited to, the third party site's compliance with the Data Protection Act 1998, Consumer Protection (Distance Selling) Regulations 2000, Electronic Commerce (EC Directive) Regulations 2002, British Codes of Advertising and Sales Promotion and/or any applicable or equivalent legislation in the relevant jurisdiction). These links are provided solely for your convenience.

17. Intellectual Property Rights

17.1 All Films, text, designs, graphics, logos, pictures, images, photographs, software, interactive features, advertisements or other content, services or materials (or any part of them) on the Website are protected by copyright, trade marks, database rights and other intellectual property rights (whether registered or unregistered and including applications for the grant of any such rights) and are owned by or licensed SL or are otherwise used by us as permitted by applicable law or regulation. Nothing contained in these Terms shall be construed as conferring by implication, estoppel or otherwise, any licence or right for you to use the same other than as licensed herein.

(a) You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, or any graphics separately from any accompanying text.

(b) Our status (and that of any identified contributors) as the authors of material on our Site must always be acknowledged.

(c) You must not use any part of the materials on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.

(d) If you print off, copy or download any part of our Site in breach of these Terms, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

17.2 You acknowledge and agree that certain content on the Website, on the TV Service and on discs provided to you is the property of third party licensors and each licensor has the right to directly enforce relevant provisions within these Terms against you.

18. Copyright Infringement

18.1 If you are a rights owner and you believe that any content on the Website (or the work of a third party on whose behalf you are entitled to act) is provided in such a ways as to infringe you copyright, please provide us with a notice ("Notice")which should include the following written information:

(a) a statement that you have identified material on the Site which infringes your rights (or infringes the rights of a third party on whose behalf you are entitled to act, if applicable);

(b) identification of the work claimed to have been infringed, or, if multiple works are covered by a single Notice, a representative list of such works;

(c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (including, for example, a URL and/or screen shot);

(d) your full name, email address, postal address and telephone number on which you can be contacted;

(e) a statement by you that you have a good-faith belief that use of the material in the manner complained of is not authorised by the owner, its agent, or the law;

(f) a statement by you that the information in the Notice is accurate, and under penalty of perjury, that the complaining party is authorised to act on behalf of the owner of the exclusive right that is allegedly infringed; and

(g) a physical or electronic signature (which may be a scanned copy) of a person authorised to act on behalf of owner of the work that is allegedly infringed.

Please send all notices of claims of infringement regarding the Site and/or App by post marked "NOTICE OF INFRINGEMENT" to:

Screen Library Limited, 68 Carthew Road London W6 0DX.

By email: info@screenlibrary.com

18.2 This 'notice and takedown' procedure is regulated by statute. There may be negative consequences if you falsely allege content is infringing your copyright or send a copyright infringement notice to us in bad faith. We suggest that you take legal advice before sending a NOTICE OF INFRINGEMENT if you are unsure about your rights or whether there has been an infringement of your rights.

18.3 If you believe that we have removed a Contribution (or other content) that you have uploaded to the Website in error, you may send us a written counter-notice including the information set out below (in the same order as set out below):

(a) details of the content that has been removed or to which access has been disabled;

(b) information reasonably sufficient to permit us to know where the content in question had been located on the Website (including a URL and/or screen shot);

(c) a statement that you believe in good faith that the content that you have identified has been removed by mistake and your reasons for believing this;

(d) information that will enable us to contact you, such as your name, a postal address, telephone number and, if available, an email address; and

(e) a statement that you agree to be contacted by the person (or an authorised representative of such person) who gave us the notice in the first place.

Completed counter-notices should then be sent to:

Attention: Head of Programming, Screen Library Limited, 68 Carthew Road, London W6 0DX.

18.4 SL has a policy of terminating the user accounts of repeat copyright infringers. A repeat infringer includes any user who has submitted two or more Contributions for which we receive a copyright infringement notice in accordance with this section. If your membership is terminated in accordance with this provision, you shall not register or attempt to register a new user account. You agree to keep SL fully and effectively indemnified and hold us harmless for all liability that may be incurred as a result of a user breaching this provision.

18.5 SL has the right to disclose your identity to any third party who is claiming that your Contribution posted or uploaded by you to our Site or shared via the App constitutes a violation of their intellectual property rights, or of their right to privacy or any other law.

19. Trade marks

All trade marks, registered trade marks, product names and company names or logos mentioned on our Website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trade mark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us or to us from the owner.

20. Disclaimer of Warranties and Limitation of Liability

20.1 You agree that your use of the TV Services and the Website is entirely at your own risk and the entire risk as to satisfactory quality, performance, accuracy and effort lies with you.

20.2 The Website and TV Services are provided "as is" and on an "as available basis" without any guarantees, conditions or warranties of any kind as to their performance or accuracy. To the extent permitted by law, we and third parties connected to us expressly exclude:

(a) all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and

(b) any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Site and/or App or in connection with their use, inability to use, or results of the use of our Site and/or App, 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 (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

20.3 No oral or written information or advice given by SL or its affiliates shall create a warranty. Should the Website prove defective, you assume the entire cost of all necessary servicing repair or correction.

20.4 We are not responsible for any damage to any user's computer, hardware, computer software, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction.

20.5 This clause 20 does not exclude or limit in any way our liability for:

(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation;

(c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;

(d) losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or

(e) any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.

20.6 As a user you accept that the Website and/or TV Services will not be uninterrupted or error free and that defects may not be corrected.

20.7 We expressly disclaim any and all responsibility and liability for the conduct of any other user of the Website and expressly disclaim any liability for Contributions submitted or uploaded by other Members.

21. Indemnity

21.1 You agree to indemnify, hold harmless, and keep us and our affiliates, fully and effectively indemnified with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including legal fees arising out of or in connection with these Terms.

21.2 You will cooperate as fully and reasonably as required by us in the defence of any claim. Notwithstanding the foregoing, we retain the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against us herein under the Terms and in no event shall you settle any such claim without our prior written approval.

22. Linking to our site

22.1 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.

22.2 You must not establish a link from any website that is not owned by you.

22.3 Our Website must not be framed on any other Website, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission without notice.

22.4 If you wish to make any use of material on our Website other than that set out above, please address your request to Screen Library Limited, 68 Carthew Road, London W6 0DX.

23. Data protection

23.1 Our Privacy Policy sets out the basis on which personal data (as defined by the Data Protection Act 1998) will be processed by us. SL may collect and use technical data and related information, including but not limited to, technical information about the device you have used to access the Website. Such information is gathered periodically to facilitate the provision of software updates, product support and other services to you and is primarily related to the Website. We may use this information, as long as it is in a form that does not personally identify you, to improve the services we provide to you.

23.2 By accepting these Terms you have also accepted the terms of our Privacy Policy, which is incorporated herein by reference for all purposes. By using our Website and you consent to such processing and you warrant that all data provided by you is accurate.

24 Written communications

We are required by law to send some information or communications in writing. When using our Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.

25. Notices

All notices given by you to us must be sent to Screen Library Limited at 68 Carthew Road, London W6 0DX. We may give notice to you at either the e-mail or postal address you provide to us. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

26 General

26.1 You may not transfer, assign, charge or otherwise dispose of any of your rights or obligations arising under these Terms, without our prior written consent.

26.2 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that are caused by events outside our reasonable control

26.3 We reserve the right to revise or amend these Terms at any time without prior notice to you. Any changes to these Terms will be posted on the Website home page and we will indicate the effective date at the top of the page. It is important that you check the Website regularly to take notice of any changes to these Terms. Should we make any substantive changes to these Terms, we will notify Members by email (to the email address provided on registration) and, where appropriate, ask you to re-accept these revised Terms.

26.4 If you do not accept any of the changes to these Terms, you should stop using the Website immediately. Your continued use of the Website or TV Services constitutes acceptance of any new Terms.

26.5 A failure or delay by us in exercising any right, power or privilege under these Terms shall not operate as a waiver of such right or acceptance of any variation of these Terms.

26.6 Nothing in these Terms shall confer or purport to confer on any third party.

26.7 These Terms are governed by and subject to English law.

If you have any concerns about material which appears on our Website, please contact us at Screen Library Limited, 68 Carthew Road, London W6 0DX.

TERMS OF USE - updated July 2012

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Facebook Application - EULA, updated July 2012

Introduction

The Screen Library application (the "App") is provided by us, Screen Library Ltd. ("SL"). Your use of the App is subject to these Terms of Use ("Terms") and our Privacy Policy .

Use of the App

You can access the App via the page www.mcn-tv.com and must first link your account with Facebook before proceeding to the App. The App may only be used by people over 18 years of age and in a manner that is acceptable for all users in the sole opinion of SL. Failure to meet these criteria will result in termination of access to the App.

We may enable you to upload text and or pictures (including photographs, audiovisual material, sound-recordings and competition entries (together "Content") to the App provided that this Content is acceptable in the sole opinion of SL which has ultimate discretion to edit, alter, modify or remove any Content at any time and for any reason without notification. Content which is not deemed acceptable and must not be uploaded and includes, but is not limited to:

§ Anything which is offensive or potentially offensive on the grounds of race, religion, nationality, sex, sexual orientation, disability, political beliefs or otherwise abusive;

§ Anything which is illegal, defamatory, or infringes any third party intellectual property rights including but not limited to copyright, moral right, database right, trade mark rights, design rights patents, or rights of privacy, data protection, or confidence, all of which may be registered or unregistered;

§ Anything which contains sexual or violent imagery or incites violence, hatred, harassment or bullying or is otherwise obscene;

§ Anything which references or features any person other than the user that uploads it without that person's permission;

§ Anything which could give rise to any legal action against SL, any of its promotional partners or Facebook;

§ Anything which is advertising or promotional material or which promotes a commercial purpose or is intended to illicit a financial benefit;

§ Anything which could be deemed a chain letter or pyramid scheme or which contains any malicious software bugs or viruses, spyware, adware, or any other material intended to damage, destroy or otherwise interfere with the App or to intercept, access or extort any data or personal information;

§ Anything which otherwise interferes with another user's enjoyment of the App.

Licence to use Content

By uploading Content to the App and subject to the provisions of the Facebook Terms available at http://www.facebook.com/legal/terms?ref=pf, you shall remain the owner of the Content but grant to SL a worldwide irrevocable, unconditional, non-exclusive, royalty-free, assignable and sub-licensable licence of the entire right and interest in to and such Content so that SL and any of its successors may use or exploit the content for any reason relating to or in connection with the App. You give SL the right to modify, alter or change the Content for any purpose it sees fit in its absolute discretion. You agree to waive any moral or similar rights in any jurisdiction that you may have in any of the Content, even If the Content is modified, altered or changed.

SL's Intellectual Property

The materials on this App belong to or are licensed to or used with permission by SL. The materials are protected by United Kingdom and foreign copyright laws. There are some restrictions with regard to using these materials. You may e-mail, download, or print copies of the materials on this App, but only for your personal, non-commercial use. When you e-mail, download, or print a copy of the materials on this App, you must also include all copyright and other notices that are contained in the materials, including the copyright notice on the bottom of the page.

We also own the trade names that are used for our products and services on this App, and these names are protected by United Kingdom and/or applicable foreign trade mark laws. All other trade marks are the property of their respective owners and may not be used without permission.

If you use the materials or trade marks on this App in a way that is not clearly allowed by these Terms, you are violating your agreement with us and may be violating copyright, trade mark, and other applicable laws. In that case, we automatically revoke your permission to use our App. Title to the materials remains with SL or with the authors of the materials contained on this App. All rights not expressly granted are reserved.

Accuracy of Information

The information contained in this App and in any other website accessed via links from this App is provided "as is" or "as available" without representation or warranty of any kind, express or implied. SL does not warrant or represent the timeliness, content, sequence, accuracy, or completeness of any information or data furnished hereunder.

No Guarantee About Linked-to Websites

SL does not endorse and is not responsible or liable for the materials or products contained in or through other websites accessed via links from this App ("Linked-to Websites"). Linking to such websites is done at your own risk. SL cannot guarantee and does not warrant the availability of such Linked-to Websites. SL cannot guarantee and does not assume responsibility for any damage incurred from accessing such Linked-to Websites nor from use, browsing or downloading information from such Linked-to Websites.

Feedback, Comments and Ideas

We are pleased to receive feedback, comments and ideas from you. If you any concerns about any Content uploaded by another user, or if you wish to report any abusive material, please do not hesitate to contact us and we will investigate the matter. However, any information that you submit to us through this App is considered non-personal, non-confidential, and non-proprietary (other than Personal Information, as that term is defined in our Privacy Policy).

Should you have any questions or concerns about these Terms or any Content on the App, please send an email to support@screenlibrary.com or write to us at: Screen Library Limited, 68 Carthew Road, London, W6 0DX.

Data Protection

SL processes information in accordance with its Privacy Policy available at This Link. When users provide information via the App they provide it to SL and not to Facebook.

Limitation of Liability

You use the App at you own risk. The App is provided "as is" and on an "as available" basis. The SL materials Content displayed on the App are provided without any warranties as to its completeness or accuracy.

This App is in no way sponsored, endorsed or administered by, or associated with, Facebook.Facebook shall not be liable for any loss or damage suffered to any user in their activities on the App.

To the fullest extent permitted by law, SL (including its officers, employees and agents) expressly excludes conditions, representations, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and any liability incurred by any user of the App including, but not limited to any liability for: (i) loss of revenue, income, profits, contracts, business, goodwill, anticipated savings, reputation, data or information; (ii) wasted management or office time; and (iii) any other loss or damage of any kind, however arising and whether caused by tort (including, but not limited to, negligence), breach of contract or otherwise, even if foreseeable whether arising directly or indirectly.

Nothing in these Terms excludes or limits our liability for: (a) death or personal injury caused by our negligence; (b) the tort of deceit; or (c) any other liability which cannot be excluded or limited under applicable law.

SL will not be responsible for any damage to any user's computer hardware, computer software, or other equipment or technology including, but not limited to damage from any security breach or from any virus, bugs, tampering fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction. In addition, SL expressly disclaims any and all responsibility and liability for the conduct of any user of the App and any and all Content uploaded or broadcast by users.

Indemnity

In your use of the App, you indemnify us and undertake to keep us fully and effectively indemnified from and against any and all third party claims, losses, damages (actual or consequential), actions, costs, liabilities and expenses (including legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us as a result of, in connection with or arising out of any loss or damage suffered or threatened against SL or its associated companies.

You shall co-operate fully and reasonably as required by us in the defence of any actual or threatened claim. Notwithstanding the foregoing, SL retains the exclusive right and without your prior consent to settle, compromise and pay any and all Claims or causes of action which are brought against us and in no event shall you settle any such action or Claim with our prior written approval.

Updates to these Terms

These Terms were last updated on 28 June 2012. We reserve the right to update or amend these Terms at any time by posting amended Terms for use of the App. Your use of the App indicates your acceptance of the latest version of Terms for use of the App.

Company Information

This App is provided by Screen Library Limited, 68 Carthew Road, London W6 0DX.

General

If any part of these Terms is found to be illegal, invalid or otherwise unenforceable by a court or regulator, then, when required, that part shall be deleted and the remaining parts of these Terms shall remain enforceable.

You may not assign, sub-license or otherwise assign your rights or obligations under these Terms.

These do not infer any rights that are enforceable to any party that it not party to them.

These Terms are governed by the laws of England and subject to the exclusive jurisdiction of the courts of England and Wales over any claim or matter arising under or in connection with them.

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Privacy Policy - Amended 15th July 2012.

Screen Library (a trading name of Screen Library Limited) recognises that your privacy is very important to you and that it is your right to control your personal information. We understand that providing personal information is an act of trust and we take that trust seriously. Screen Library will never sell, rent or, except as set out in this Privacy Policy, otherwise disclose any of your personal information, including your Email address, to any third party without your consent. Unless you give us specific consent to act otherwise, the following policies will govern how Screen Library handles the personal information that you provide to us.

Please note that the MCN TV Service (www.mcn-tv.com) is run in association with Bauer Consumer Media. As a subscriber to the MCN TV Service your personal data will be passed on to Bauer Media. Their data promise can be read at http://www.bauerdatapromise.co.uk.

This Privacy Policy sets out how Screen Library will use your data:

Collection and use of information

Information storage

Information sharing and disclosure

Security and prevention against loss, misuse or alteration of information

Your ability to edit and cancel your account

Changes to this Privacy Policy

Contact details

This Privacy Policy is deemed to be incorporated into the Website Terms and Conditions, which you should read together with this Privacy Policy. Capitalised words used but not defined in this Privacy Policy have the meaning given to them in the Terms and Conditions.

Collection and use of information

If you do not register as a Member of Screen Library, the information we collect from you is limited. We log your IP address in order to help diagnose problems with our servers, administer this Website and track usage statistics. Your IP address may vary each time you visit, or it may be the same, depending on the type of internet connection. Either way, it would be extremely difficult for us to identify you through your IP address, and we make no attempt to do so. If you reach this Website by clicking on a link or advertisement on another website, then we also log that information. All of this information is collected and used only in aggregate; that is, it entered into our database, where we can use it to generate overall reports on our visitors, but not reports about individual visitors.

Screen Library collects the following personally identifiable information set out below when you subscribe to the Screen Library service and register as a Member of Screen Library, when you access and use this Website and/or when you use Screen Library's Products and/or Services. The information we collect will vary depending on the circumstances, e.g., if you use our subscription services to stream or download film or TV content, we will collect most of this information. If you simply use some of our services, (such as linking your Facebook account) we may only collect more limited information.

What we collect

Nickname

Full name

Email address

Address

Telephone number (optional)

Information about the Films and TV shows and TV shows, TV series and other content that you have rented, bought, streamed or downloaded

User Material you submit (e.g., your ratings, reviews, user collections, quiz and other user submissions)

Information you submit for your User Profile

From Facebook, your Facebook user name and profile picture if you choose to use the Screen Library Facebook Application

How we use it

To deliver to you Films and TV shows that you would like to stream, download or buy.

To recommend other Films and TV shows, and other content that you may like to stream, download or buy.

To display your favourites list to others

To communicate with you regarding your Membership, account or purchase of Screen Library's Products or Services - related matters

To provide you with order and billing history information

To contact you about the products and/or services on this Website in which you have expressed an interest

To display your User Profile to others users of this Website (in accordance with your security settings)

If chosen by you, to allow you to use the Screen Library Facebook Application (in accordance with your security settings)

To email you news, offers and information about the Service.

To send you samples of, or marketing materials relating to, third party products or services which we believe may be of interest to you. Please note that at no time is it necessary for us to provide your personally identifiable information to third parties in order to send you these materials

To improve services and enhance personalisation, we may periodically obtain information about you from other third party sources from whom we have lawfully obtained this data and add it to your registration information. Additionally, authorised Screen Library personnel may update your registration information to accurately reflect any new information included in any communications received from you.

Communication Preferences

If you do not want to receive emails from us, or from Bauer Media with offers, news and information, you can change your contact preferences at any time in the "My Account" area of the service.

Information storage

All information you provide to us is stored in the EU only on secure servers that are protected in secure facilities including firewall protection and located in those countries that form part of the European Economic Area or are considered to provide adequate protection for personal information under the European Union Data Protection Directive (95/46/EC).

Cookies

'Cookies' are small text files that are stored by the browser on your computer. Websites are able to read and write these files, which allows them store things like personalisation details and user preferences. We do not currently use any cookies but will always in form you if we decide to in the future.

Information sharing and disclosure

Screen Library is committed to protecting your personal information. We will not disclose your personally identifiable information to third parties, other than Bauer Media to whom we provide the Service, without your consent, except:

• where Screen Library is required by law to disclose information to third parties;
• where the disclosure is necessary for the performance of our operations (eg. mail delivery, hosting services, protecting us from fraud, and payment of your account); or Screen Library buys or sells subsidiaries or business units in connection with a corporate transaction, such as a sale, merger, consolidation or asset sale, or an internal reorganisation, or in the unlikely event of an insolvency. If such a transaction or event required the transfer of customer information, then that information would be one of the transferred assets, but would remain subject to the commitments made in any pre-existing Privacy Policy or equivalent.

We also may share your personal information with third parties (ie agents or sub-contractors) specifically engaged by Screen Library to provide services to us, in which case we will require those parties to keep that information confidential and secure and to use it solely for the purpose of providing the specified services to us.

Screen Library may also provide analyses of our customers in the aggregate to prospective partners, advertisers, movie distributors and other third parties. We do this so that we and our business partners can understand you better, and so we can keep bringing you first-rate services. We may also disclose, on an anonymous basis, literal statements made by our customers. At no time, however, will we disclose personal information about specific customers.

Linked websites are not under the control of Screen Library and we are not responsible for the conduct of companies linked to our Website, including Facebook should you choose to use the Screen Library Facebook Application. Before disclosing your personal information on any other website we advise you to examine its terms and conditions of use and privacy policy.

Please note that you have certain rights under the Data Protection Act 1998. You have the right to be told what personal information we hold about you, to correct errors in that information and to prevent Screen Library from using your personal information for direct marketing purposes. Should you wish to exercise that these rights, or if you have any questions concerning the Screen Library privacy policy, contact us using the contact details below.

Security and prevention against loss, misuse or alteration of information

Screen Library has implemented technology and security features, as well as strict internal guidelines, to safeguard the privacy of your personal information from unauthorised access or improper use. We will continue to enhance our security procedures as new technology becomes available.

While we make every effort to ensure that your information is secure on our system, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, we cannot guarantee the security of any information you transmit to us, and you do so at your own risk.

Your Screen Library account information is password-protected for your privacy and security. You can play an important role in keeping your personal information secure by maintaining the confidentiality of your password used on the Screen Library website. We recommend that you change your password from time to time for additional security. Please advise us immediately if there is any unauthorised use of your account by any other Internet user or any other breach of security.

Access authorisation is granted only to key Screen Library (Screen Library Limited.) staff only and to our agents or subcontractors if necessary for the performance of our operations or for them to provide services to us. Any information accessed by those agents or subcontractors is required to be kept confidential and secure and is not permitted to be used for any purpose except to provide their services to us.

Backups are run to prevent loss of information, and our Internet servers are housed in secure facilities.

Your ability to edit and cancel your account

You can access "My account" section from every page on this Website to update and correct the personal details that we gathered when you subscribed and/or when you chose to use any of Screen Library's Products or Services. You must be logged in to access this information. All information is password-protected so no one can access the information but you.

If you decide to cancel your Screen Library subscription, your account will be deactivated immediately. However we are required to retain your information for accounting and taxation business, operational and administrative purposes and in accordance with applicable laws.

Changes to this Privacy Policy

From time to time, Screen Library will review and may edit this policy in accordance with potential changes to our business and as required by law. Screen Library reserves the right to change its Privacy Policy at any time. This Privacy Policy may be amended in accordance with our Terms and Conditions (of which this Privacy Policy forms part).

Screen Library's contact details

All correspondence to Screen Library regarding this Privacy Policy should be addressed to:

(Attention: Privacy Officer)

Screen Library UK Limited

68 Carthew Road

London W6 0DX

United Kingdom

Email: support@screenlibrary.com.