Terms and Conditions

"SeeSaw" is a television service made available on the internet at www.seesaw.com which offers television programmes, movies, clips, graphics, logos, interfaces, layout, audio, audiovisual and other content including any metadata relating thereto ("Content"). SeeSaw allows you to access and view the Content by streaming a copy. If you access or use SeeSaw, you agree to be bound by and comply with these terms and conditions ("Terms"). It is important that you read and understand these Terms before you access or use SeeSaw. If there is any term that you do not understand or do not agree to, you should not access or use SeeSaw. Once you access or use SeeSaw you will be bound by these Terms.

SeeSaw is provided by SeeSaw IPTV Limited, a limited company registered in England and Wales with company registered number 7140424, VAT registration number 987 5773 41 and whose registered office is Crawley Court, Winchester, Hampshire, SO21 2QA ("we" or "us"). Our contact details are set out in the Help area on our website.


SeeSaw Beta


SeeSaw is a new service and is still developing and testing its services therefore we make no commitment regarding the quality of SeeSaw or the level of service available using SeeSaw. We may suspend or withdraw SeeSaw (or any part of it) without notice at any time and for any reason. If we suspend or withdraw SeeSaw and you have purchased Rental Content (see below for the definition of “Rental Content”) which you are unable to view as a result of such suspension or withdrawal then we will refund your cost of the purchase of such Rental Content.


Who can use SeeSaw


You can use SeeSaw and access the Content if you are:


• a natural person (i.e. not a company or another business entity);
• located in the United Kingdom, Channel Islands or Isle of Man;
• aged 18 or over or 13 years of age or older and possess legal parental or guardian consent; and

• are fully able and competent to understand and enter into these Terms and to abide by and comply with these Terms.


If you use SeeSaw, you are confirming to us that you meet the above requirements. If you do not meet the above requirements, you should not access or use SeeSaw.


Information about SeeSaw


Content on SeeSaw can be accessed:


• on an advertising supported free to the user basis; or
• on a rental basis where you make a one-off payment to access individual episodes or bundles of episodes of Content (“Rental Content”).


We cannot guarantee the Content that will be available on SeeSaw since it is provided by third party content providers. Our content providers have no liability to you. We reserve the right to alter or remove the Content, presentation and/or functionality available on SeeSaw from time to time without giving you notice. Removal of Content may affect Rental Content which you have already purchased from SeeSaw and not yet viewed. If we remove Rental Content which you have purchased and, as a result of such removal, you are unable to view such Rental Content then we will refund your cost of the purchase of such Rental Content.

You can register with SeeSaw in order to personalise your use of SeeSaw in which case you will be asked to choose a password which you will need to use to manage and maintain your registration. If you choose to purchase any Rental Content you will be asked to enter your password to enable you to make purchases. Your password is secret and personal to you and you are responsible for keeping it secure and confidential and ensuring that no one else uses it unless you have allowed them to do so. You are responsible for all use of your password and we will rely and act upon all requests which we receive with your password correctly entered.

In registering with SeeSaw and/or purchasing Rental Content, we will collect personal information about you. All information that we collect about you is subject to our Privacy Policy, which forms part of these Terms, and which may be accessed from our home page or by clicking here and is deemed to be incorporated into these Terms.


Access to SeeSaw


If you agree to comply with these Terms and you meet the requirements set out above, you may access SeeSaw and view the Content for lawful, personal, non-commercial purposes.

Due to restrictions placed on us by our content providers we are only able to make Content available to viewers located in the United Kingdom, Channel Islands and Isle of Man. We will use digital rights management software to restrict the use and copying of the Content and geo-blocking software to restrict access to the Content to persons in the United Kingdom, Channel Island and Isle of Man.


The Content is made available to you on a streaming basis only. In order to be able to stream Content from SeeSaw and to view Content you will need to use a personal computer or other device that is compatible with SeeSaw and have an active broadband internet connection. More information about the minimum requirements that your personal computer or other device will need in order for you to get the most out of SeeSaw can be found in the Help area on our website which may be updated from time to time. Where possible, different levels of streaming quality are made available to you for some items of Content. You should choose, where available, the appropriate quality which will depend on your internet connection speed, your ISP’s service or network availability and your personal computer or other device that you are using to stream Content. We strongly recommend that you test the streaming quality which you are likely to get by watching one of the programmes which are available on SeeSaw on an advertising supported, free to the user basis.

SeeSaw is provided to you using your broadband internet connection and your own personal computer or other device. As a result the quality and availability of SeeSaw may be affected from time to time by factors that are outside of our reasonable control such as technical faults in your ISP’s service or network or the incompatibility of your personal computer or other device. We will use our reasonable efforts to ensure that SeeSaw is available to you but if it is suspended, interrupted or not available to you for any such reason then we will not be responsible to you. We will make reasonable efforts to keep SeeSaw operational at all times but we cannot guarantee that your use of SeeSaw will be uninterrupted or error-free. Certain technical difficulties or maintenance may, from time to time, result in temporary interruptions and we may suspend or remove SeeSaw for indefinite periods of time for technical or operational reasons. If we suspend or remove SeeSaw and you have purchased Rental Content which you are unable to view as a result of such suspension or removal then we will refund your cost of the purchase of such Rental Content.

When you use SeeSaw, information will be automatically collected through the use of cookies. SeeSaw cannot operate if you set your browser to reject all cookies. In addition, we collect information and data about the Content you view in order to manage SeeSaw and provide you with a great viewing experience and choice. More information about cookies is provided in our Privacy Policy.


Viewing periods for Rental Content

Where you purchase Rental Content you have a maximum period within which to view such Rental Content and you may view such Rental Content up to five (5) times during such period.


Where you purchase a single episode of Rental Content or a bundle of two (2) or three (3) episodes of Rental Content, this period is whichever is the shorter of:


• thirty (30) days from your payment of the price for such Rental Content; or
• in respect of any episode, forty-eight (48) hours from the time you start viewing such episode of Rental.


Where you purchase a bundle of more than three (3) episodes of Rental Content, this period is whichever is the shorter of:


• ninety (90) days from your payment of the price for such bundle of Rental Content; or
• in respect of any episode in such bundle, forty-eight (48) hours from the time you start viewing such episode of Rental Content.


Details of these time limits are provided to you at the time of purchase and you will be able to check in the ‘My Rentals’ section in your ‘Latch’ how much time is left to view any episode. Stopping, pausing or restarting your viewing of any episode will not extend the time limits for viewing that episode. We may automatically cease to allow you access to any episode of Rental Content once its viewing period has expired. No refunds will be given for Rental Content which you have purchased and which you have not fully viewed before the expiry of the relevant viewing period. If you close or cancel your account at any time you will lose any current rentals which are in your account at that time and will not be entitled to any refund or replacement for them.


Payment for Rental Content


The price for any item or bundle of Rental Content is set out on our website. All prices include VAT and any other applicable taxes and fees. If we change the price for any item or bundle of Rental Content then this will be published on our website against the relevant item or bundle of Rental Content.


All purchases of Rental Content are final when you click the ‘Confirm Payment’ button. You can pay for Rental Content by credit card or debit card. By designating the card to be billed you confirm that you are authorised to make such purchase and that you are the holder of such card (i.e. that the card is issued in your name) or that the holder of the card has consented to your use of it to pay for the Rental Content. Where you have previously purchased Rental Content, our payment service will remember your credit card or debit card details so that once you enter your password to confirm the purchase of any Rental Content we will automatically process your payment from such credit card or debit card. If you do not want us to do this then you will need to change your payment details in the ‘My Account’ section in your ‘Latch’ to remove the details of your credit or debit card. If your credit card or debit card is not accepted as valid for your payment then we will not provide you access to and you will not be able to view the Rental Content.


We have appointed an independent third party, who are a Payment Card Industry Data Security Standard (PCI DSS) level one compliant payment service provider, to provide a secure electronic payment process for your payments to us. Our payment service provider will not disclose your credit card or debit card details to us at any time except that they will give us the last four (4) digits of the long number of your credit card or debit card when they confirm that you have paid for any Rental Content.


From time to time we may issue vouchers on a promotional or other basis which can be redeemed against the purchase of Rental Content subject always to the terms and conditions which apply to any such voucher as specified at the time of issue.


General Restrictions


You will follow our reasonable instructions about how you use SeeSaw and you will not use SeeSaw for any improper, commercial or unlawful purpose and you will not allow anyone else to do the same. In particular, except as expressly permitted in these Terms and to the extent permitted by law, you will not (by any means save where we have expressly allowed you to do so) as a result of or in connection with your use of SeeSaw:


• remove, alter, bypass, avoid, interfere with or circumvent the digital rights management software or geo-blocking software;
• copy, download, lend, hire, broadcast, stream capture, reproduce, archive, share, distribute, modify, translate, broadcast, display, transmit or make the Content available to the public;
• remove or alter any copyright or other proprietary notice from SeeSaw or the Content;
• extract any data or metadata from SeeSaw or the Content nor create any index or database incorporating the Content or any part of the Content;
• access SeeSaw or the content through any automated means including robots, spiders and offline readers;
• block, disable, obscure or impair any advertising on SeeSaw or associated with the Content;
• capture or store any personal information relating to any other users of SeeSaw;
• incorporate SeeSaw into another service or website or make it available via frames;
• reverse engineer, de-compile, disassemble, alter, duplicate, modify, rent, lease, loan, sub-licence, make copies, create derivative works from, distribute or provide others with SeeSaw or the Content; or
• create any work or materials derived from or based on the Content.


Children

You are responsible for choosing what Content you or any user of your personal computer or other device wish to view. Whilst we are responsible for ensuring that Content is legal, you may (or others may) find some of the Content inappropriate, indecent, objectionable or offensive. SeeSaw shall have no liability for such Content so long as it is legal.


If you allow a child to use your computer you are solely responsible for determining whether the Content is appropriate for that child to view. We will provide guidance on SeeSaw to indicate the appropriate age for Content as determined by the broadcasters and other suppliers who provide Content to us.


If you wish to restrict access to Content from your computer, you will be able to set a parental control password which must be entered to view Content labelled as 16+ or 18+. You can do this by following the instructions shown when you try to view such Content or by clicking on the parental control link at the bottom of every page. If you use more than one internet browser to access Content on SeeSaw then you will need to set the parental controls on each internet browser.


Advertising and Third Party Sites


SeeSaw may include advertisements and other third party material. Your dealings or participation in any promotions with any third party advertisers on or through SeeSaw are solely between you and such third party. You agree that we are not liable for any loss or claim you may have against any such advertiser.


We are not responsible for the content of any third party site to which we may provide links or pointers and use of such sites may be subject to terms and conditions and privacy statements for those sites. We will not warn you that you have left SeeSaw.


Trademarks and Copyright

The intellectual property rights (including, but not limited to, copyrights and trademarks) in the Content and in SeeSaw (including, but not limited to, "SeeSaw" trade mark, the SeeSaw logo and www.seesaw.com and other SeeSaw marks, graphics, idents, logos and sounds) are owned by SeeSaw or its licensors and nothing in these Terms grants to you any licence to use or otherwise exploit such intellectual property rights. You do not acquire any ownership rights in the Content as a result of streaming the Content on SeeSaw.


Suspension and Termination

We may (in our sole discretion) change, suspend or discontinue SeeSaw and/or some or all of the Content at any time and we may do this without giving you notice although we will try to give you as much notice as we reasonably can. If we change, suspend or discontinue SeeSaw and/or any Rental Content and you have purchased Rental Content which you are unable to view as a result of such change, suspension or discontinuation then we will refund your cost of the purchase of such Rental Content. In addition, we reserve the right to immediately terminate your registration on SeeSaw or your access to SeeSaw at any time, without notice or liability, if we determine, acting reasonably, that you have breached these Terms and/or violated any law, rule or regulation.


Warranties and Liability

Nothing in these Terms shall affect any statutory rights which you are always entitled to as a consumer and that you cannot contractually agree to alter or waive. SeeSaw is provided ‘as is’ and we make no representation or warranty to you with respect to SeeSaw. In particular, we do not represent or warrant that your use of SeeSaw will be uninterrupted, secure or free from error, bugs or viruses. In the event that SeeSaw is unavailable to you in circumstances which are beyond our control and you have purchased Rental Content which you are unable to view as a result of such unavailability then we will refund your cost of the purchase of such Rental Content.

Nothing in these Terms shall exclude or limit our liability for: (i) death or personal injury caused by our negligence; (ii) fraud (including fraudulent misrepresentation); or (iii) anything which may not be lawfully excluded or limited by law. Subject to this, we will not be liable to you for (i) any lost or destroyed data or software and/or (ii) any indirect loss or loss which is not a foreseeable consequence of our negligence or breach of these Terms.


General

We may change these Terms at any time by posting changes online. Please review these Terms regularly to ensure you are aware of any changes. Your continued use of SeeSaw after changes are posted means you agree to be legally bound by these Terms as updated and/or amended. Where notice is to be given under the Terms we may post such notice online unless the notice is specific to you in which case we may email such notice to you or send it by post to you.

These Terms are the entire agreement between you and us in relation to SeeSaw and the Content and this version supersedes any prior version of the Terms.

Any failure or delay by us to exercise or enforce any right in these Terms does not waive our right to enforce that right.


These Terms are governed by the laws of England.

Version 2
Published: May 2010

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