Viewer Terms of Service Agreement
1. Acceptance
2. Accounts
Registration:
You must create an account to use certain features we offer (e.g., to view a Program). To do so, you must provide an email address. By creating an account, you agree to receive notices from When in Culture and, where relevant, the We of the Programs you purchase at this email address. You must keep your email address valid and current so that we are able to contact you.
Age Requirements:
You may not create an account if you are younger than 16 years of age. By creating an account, you represent that you are at least 16 years of age, and, to the extent required by law, you have the permission of a parent or guardian to create an account and use the When in Culture Service.
Parents and Guardians:
By granting your child permission to use the When in Culture Service through your account, you agree and understand that you are responsible for monitoring and supervising your child's usage. If you believe your child is using your account and does not have your permission, please contact us immediately so that we can disable access.
Account Security:
You are responsible for all activity that occurs under your account, including unauthorised activity. You must safeguard the confidentiality of your account credentials and may not share your account credentials with anyone. If you are using a computer that others have access to, you must log out of your account after each session. If you become aware of unauthorised access to your account, you must change your password and notify us immediately.
3. Program Viewing and Purchase Options
We may offer the following purchase options through our websites and applications:
- Rental: After paying the stated fee, you may stream the Program an unlimited number of times during the stated rental period.
- Purchase: After paying the stated fee, you may stream the Program an unlimited number of times.
- Subscription: For a recurring fee, you may stream the Programs offered within the subscription channel an unlimited number of times during your subscription period. We may add or remove Programs from the channel at any time.
To make a purchase, you must provide a valid payment method. We may apply taxes, including VAT (value-added tax), to any charges. Prices and other terms of purchase are subject to change. We will attempt to notify you in advance of any such price changes prior to your next billing cycle. If you do not wish to accept a price change, you may cancel your subscription in accordance with this Agreement. If we provide you access to a Program on a free basis, such access will be deemed a “purchase” for the purpose of this Agreement.
ALL PURCHASES, INCLUDING RECURRING CHARGES, ARE FINAL AND NON-REFUNDABLE.
We may offer free-trial or discounted subscriptions. When a free-trial period ends, your paid subscription begins (unless you have cancelled) and you must pay the full monthly or annual fee. If We provide a discount for the first subscription period, you must pay the discounted fee; in any renewal, you must pay the full fee.
Automatic Renewal: To the extent permitted by applicable law, subscriptions automatically renew for the subscription period until you cancel. Your payment method will be charged at the beginning of each subscription period. If We offer a free-trial period, your payment method will be charged at the end of the free-trial period unless you cancel before the end of that period.
How to Decline Renewal: To pause or cancel a subscription, visit your account settings. Your changes will be applied to your next subscription period.
We may allow you to purchase subscriptions within apps you download. When you make such “in-app” purchases, you will be billed by the app platform, not us. To turn off automatic renewal for subscriptions, access your platform’s account settings (not When in Culture’s). Any billing inquiries should be directed to the app platform.
5. Licenses and Intellectual Property
License to Programs:
Subject to the terms hereof, you have the right to stream and/or (if offered) download for your personal entertainment purposes: (i) Programs that you have rented during the stated rental period; (ii) Programs that you have purchased; and (iii) Programs made available within a channel that you have subscribed to during your subscription period.
Restrictions:
You may not resell streams or downloads, use any Program for any commercial purpose, redistribute or retransmit any Program, publicly perform or display any Program, or make derivative works from any Program. All rights not expressly granted herein are reserved by When in Culture.
When in Culture Service: Subject to the terms hereof, When in Culture grants you permission to use the When in Culture Service for the sole purpose of viewing Programs for your personal entertainment. All rights not expressly granted by When in Culture are reserved.
When in Culture Apps:
If you download our application (an “app”) that operates on a third-party platform (e.g., iOS, Android): (i) you have the right to use such app for your personal, non-commercial use on devices permitted by the platform operator; (ii) as between When in Culture and the platform operator (but without creating any obligation by When in Culture), When in Culture shall be responsible for the apps and their content and providing any warranty, support, or indemnification with respect to such apps as required by law; and (iii) the platform operator shall have the right to enforce the terms of this clause with respect to your use of the app.
Your Content; Feedback:
To the extent that you submit any content to When in Culture (i.e. in your profile, a comment, or forum), you grant When in Culture an irrevocable, worldwide, non-exclusive, royalty-free, perpetual right and license to use, copy, adapt, transmit, distribute, license, and publicly perform and display such content in all media for any purpose whatsoever. Any content submitted must comply with the Acceptable Use Policy set forth in Section 6. If you make suggestions to When in Culture on improving our products or services, When in Culture may use your suggestions without any compensation to you.
6. Acceptable Use Policy
We may allow you to upload, submit, or publish (collectively, to "submit") content such as images and text (collectively, "content"). You must ensure that your content, and your conduct, complies with the Acceptable Use Policy set forth in this Section 6. When in Culture may (but is not obligated to) monitor your account, content, and conduct, regardless of your privacy settings. When in Culture may remove or limit access or availability to any content or account that it considers in good faith to violate this Acceptable Use Policy.
6.1 Copyright Policy
You may only upload content that you have the right to upload and share. Copyright owners may send When in Culture a takedown notice as stated if they believe When in Culture is hosting infringing materials. We will, in appropriate circumstances, terminate the accounts of persons who repeatedly infringe.
6.2 Content Restrictions
You may not submit any content that:
- Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
- Is sexually explicit or promotes a sexual service;
- Is defamatory;
- Is harassing or abusive;
- Contains hateful or discriminatory speech;
- Promotes or supports terror or hate groups;
- Contains instructions on how to assemble explosive/incendiary devices or homemade/improvised firearms;
- Exploits or endangers minors;
- Depicts or encourages self-harm or suicide;
- Depicts (1) unlawful real-world acts of extreme violence, (2) vivid, realistic, or particularly graphic acts of violence and brutality, (3) sexualized violence, including rape, torture, abuse, and humiliation, or (4) animal cruelty or extreme violence towards animals;
- Promotes fraudulent or dubious money-making schemes, proposes an unlawful transaction, or uses deceptive marketing practices;
- Contains false or misleading claims about (1) vaccination safety, or (2) health-related information that has a serious potential to cause individual or public harm;
- Contains false or misleading information about voting or seeks to obstruct voting;
- Contains (1) claims that a real-world tragedy did not occur; (2) false claims that a violent crime or catastrophe has occurred; or (3) false or misleading information (including fake news, deepfakes, propaganda, or unproven or debunked conspiracy theories) that creates a serious risk of material harm to a person, group, or the general public; or
- Violates any applicable law.
6.3 Code of Conduct
In using the When in Culture Service, you may not:
- Use an offensive screen name (e.g., explicit language) or avatar (e.g., containing nudity);
- Act in a deceptive manner or impersonate any person or organization;
- Harass or stalk any person;
- Harm or exploit minors;
- Distribute “spam” in any form or use misleading metadata;
- Collect personal information about others without their authorization;
- Access another’s account except as permitted herein;
- Use or export any of our services in violation of any U.S. law;
- Act in a manner that would subject When in Culture to industry-specific privacy regulations such as the Health Insurance Portability and Accountability Act (HIPAA) or the Gramm-Leach-Bliley Act (GLBA);
- Engage in any unlawful activity; or
- Cause or encourage others to do any of the above.
6.4 Prohibited Technical Measures
You will not:
- Except as authorised by law or as permitted by us in writing: scrape, reproduce, redistribute, frame, mirror, create derivative works from, decompile, reverse engineer, alter, archive, or disassemble any part of the When in Culture Service; or attempt to circumvent any of our security, rate-limiting, filtering, or digital rights management measures;
- Remove or modify any logo, watermark, or notice of proprietary rights embedded on or in the When in Culture Service or any output thereof without our permission;
- Submit any malicious program, script, or code;
- Submit an unreasonable number of requests to our servers; or
- Take any other actions to manipulate, interfere with, or damage the When in Culture Service.
6.5 Restricted Users
You may not use the When in Culture Service if you:
- are a terror or hate group or a member thereof;
- have been designated by a U.K. agency as an entity that we may not contract with (e.g., a Specially Designated National); or
- are subject to sanctions by a non-U.K. government such that your use of the When in Culture Service would violate applicable law.
You may not purchase goods or software services from us if doing so would violate any U.K. sanctions. You hereby make a continuing representation that you are in compliance with the foregoing restrictions.
7. Disclaimers
YOUR USE OF THE WHEN IN CULTURE SERVICE AND ANY PROGRAM IS AT YOUR OWN RISK. WHEN IN CULTURE PROVIDES THE WHEN IN CULTURE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE PROVIDE PROGRAMS ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WHEN IN CULTURE AND EACH PRODUCER DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
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The availability of the When in Culture Service in a particular jurisdiction.
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The availability of the When in Culture Service for any particular device, operating system, or browser.
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The continued support for a particular feature of the When in Culture Service.
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The viewing quality of any Program. When in Culture does not guarantee that you will be able to use the When in Culture Service at all times, or view any Program uninterrupted, error-free or displayed at any particular resolution. The quality of your viewing experience depends on a number of factors, including your viewing device and the quality of your Internet connection.
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The content of any Program or the suitability of any Program for any audience. All opinions and statements expressed by or in Programs (or related materials) are those of the Producer and/or persons involved in the production of the Program, not When in Culture.
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The continued availability of any Program or the availability of particular Program within a subscription channel. Programs may be withdrawn at any time without notice.
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Any Producer’s actions or omissions with respect to your personal information.
We may provide links to other websites or third-party websites. When in Culture is not responsible for the content of, or any interactions or transactions that may take place on or through, any such website.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WHEN IN CULTURE, ITS PARENT, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND PARTNERS (INCLUDING WE) SHALL NOT BE LIABLE FOR (I) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES; (II) DAMAGES RELATING TO ANY DISPUTE BETWEEN YOU AND WE OR OTHER WHEN IN CULTURE USER; OR (III) DAMAGES EXCEEDING THE GREATER OF GBP £100 OR THE AMOUNTS PAID BY YOU TO WHEN IN CULTURE OVER THE 12 MONTHS PRECEDING THE FILING OF YOUR CLAIM.
The foregoing limitations apply to all claims, whether based on warranty, contract, tort, or any other legal theory, whether or not When in Culture (or We) has been informed of the possibility of such damage, and whether a remedy set forth herein is found to have failed its essential purpose. Some jurisdictions may not allow the exclusion of certain warranties or the exclusion or limitation of liability as set forth above, so these limitations above may not apply to you.
9. Indemnification
10. Mediation; Jury Waiver; Class Action Waiver
10.1 If a dispute arises out of or in connection with this Agreement or the performance, validity, or enforceability of it (a “Dispute”) then, you agree to use mediation before commencing any court claim, You agree:
· To mediate all claims relating to the When in Culture Service, in the first instance;
· To waive your right to a trial by jury; and
· To waive any right to proceed on a class basis or otherwise.
10.2 Mediation Procedure
You shall follow the procedure set out below:
(a) You shall give to When in Culture the written notice of the Dispute, setting out its nature and full particulars (“Dispute Notice”), together with relevant supporting documents. On service of the Dispute Notice, the manager of When in Culture shall attempt in good faith to resolve the Dispute;
(b) if the manager of When in Culture for any reason is unable to resolve the Dispute within thirty (30) days of it being referred to them, the parties will attempt to settle it by mediation in accordance with the CEDR Model Mediation Procedure. Unless otherwise agreed between the parties, the mediator shall be nominated by CEDR. To initiate the mediation, a party must serve notice in writing (ADR notice) to the other party to the Dispute, requesting a mediation. A copy of the ADR notice should be sent to CEDR. The mediation will start not later than thirty (30) days after the date of the ADR notice.
(c) If the Dispute is not resolved by the ADR meeting, or either party fails to participate or to continue to participate in the mediation before the expiration of the said period, or the mediation terminates early, the Dispute shall be finally resolved by the courts of England and Wales in accordance with Clause 10.4 (Jurisdiction).
10.3 Class-Action Waiver
EACH PARTY WAIVES ITS RIGHT TO GO TO COURT, TO A TRIAL BY JURY, AND TO PARTICIPATE IN A CLASS ACTION, OR OTHER REPRESENTATIVE PROCEEDING WITH RESPECT TO ANY CLAIM SUBJECT TO MEDIATION.
10.4 Jurisdiction
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement, the When in Culture Service and the Programs, or its subject matter or formation.
10.5 Governing Law
This Agreement, the When in Culture Service and the Programs, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by, and construed in accordance with, the law of England and Wales.
10.6 Binding Mediation with Affiliates
To the extent that an Affiliate has agreed to resolve disputes with you through mediation in its agreements with When in Culture, you agree that any dispute with an Affiliate arising out of or relating to your purchase or viewing of a Program or subscription shall be resolved in accordance with this Clause 10.
11. General Provisions
1.1 No Waiver
The failure of When in Culture (or any Affiliate) to exercise or enforce any Clause of this Agreement will not constitute a waiver of such Clause.
11.2 Provisions Severable
If any Clause of this Agreement is held invalid, illegal, or unenforceable, that Clause will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, or be mutually deleted and the remaining Clauses will remain in full force and effect.
11.3 No Third Parties
No third parties under the Contracts (Rights of Third Parties) Act 1999 shall have any rights under this Agreement, except that an Affiliate may enforce the Clauses herein against you, and indemnified parties may enforce indemnification rights.
11.4 Force Majeure Event
Neither When in Culture nor any Affiliates shall be liable for any failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, a “Force Majeure Event” including, without limitation; acts of God; natural disasters; wars; civil or military disturbances; sabotage; strikes; insurrection or terrorism, epidemics; pandemics, riots; power failures; computer, mobile or tablet device failure; loss or malfunction of utility, transportation, computer, mobile or tablet device (hardware or software); telephone communication service; accidents; labour disputes, acts of civil or military authority; governmental, civil or military actions; or inability to obtain labour, material, equipment or transportation.
11.5 Entire Agreement
This Agreement incorporates by reference the When in Culture Limited Privacy Policy and Website Terms of Use. This Agreement and the Privacy Policy and the Website Terms of Use sets forth the entire understanding between you and When in Culture concerning your use of the When in Culture Service and supersedes all prior agreements regarding the same. This Agreement may only be modified by When in Culture. Any changes will be posted to the When in Culture Website and will apply prospectively.
11.6 Assignment
You shall not assign, transfer, charge, sub-contract, licence, declare a trust over or deal in any other manner with any or all of its rights and obligations under this Agreement. When in Culture, its licensees and Affiliates, content producers may assign, transfer, charge, sub-contract, licence, sub-licence declare a trust over or deal in any other manner with any or all of its rights and obligations under this Agreement, without your written consent.
11.7 Termination
When in Culture may termination this Agreement with immediate notice to you (via email) and cease providing the When in Culture Service to you as set out in this Agreement. You may cancel this Agreement as set out in Clause 4 above. Any provision of this Agreement that expressly or by implication is intended to come into or continue in force on or after termination of this Agreement shall remain in full force and effect. Termination of this Agreement shall not affect any of the rights, remedies, obligations, or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of this Agreement which existed at or before the date of termination.
11.8 Status
When in Culture and you do not have a partnership, joint venture, or employer-employee relationship.
11.9 Notices
You must send any notices of a legal nature to us at:
Contact Us
If you have any support questions, please contact us via email at support@wheninculture.com.
The English version of this Agreement shall control. For convenience, we may provide translated versions of this Agreement.